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.
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.
United States · United States Congress · 5 August 1992
Congratulates the citizens of Israel on concluding fair and open democratic elections. Welcomes Prime Minister Rabin to the United States. Applauds his statements and actions encouraging active participation in the search for peace. Calls upon all parties in the region to actively and seriously engage in the peace process.
United States · United States Congress · 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.
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.
United States · United States Congress · 27 July 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 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.
United States · United States Congress · 22 July 1992
Older Americans Act Amendments of 1992 - Title I: Objectives and Definitions - Amends the Older Americans Act of 1965 (OAA) to make as an OAA objective the provision of support to family members and other persons providing voluntary care to older individuals needing long-term care services. Adds the definitions of various terms to OAA, including "elder abuse, neglect, and exploitation." Title II: Administration - Adds to the prohibition against delegation of Commissioner on Aging functions to any other officer not directly responsible to the Commissioner those functions of the Commissioner carried out through regional offices. Adds the following as new functions of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging: (1) promoting coordination between programs established under OAA titles III (Grants for State and Community Programs on Aging) and VI (Grants for Native Americans); (2) acting as an advocate for Native Americans with the Indian Health Service; and (3) collecting and disseminating information regarding elder abuse, in-home care, health programs, and other problems unique to Native Americans. Establishes the Office of Long-Term Care Ombudsman Programs in the Administration on Aging (AOA), to be headed by an Associate Commissioner for Ombudsman Programs who shall serve as an advocate on behalf of long-term care facility residents within HHS and with other Federal departments and agencies. Directs the AOA Commissioner to: (1) establish and operate the National Ombudsman Resource Center to provide training, technical assistance, and information to State Long-Term Care Ombudsmen, analyze laws, regulations, programs, and practices, and provide assistance regarding recruitment and retention of volunteer ombudsmen; (2) issue regulations, and conduct strict monitoring of State compliance with requirements in effect, to prohibit conflicts of interest; (3) encourage, and provide technical assistance to, States and area agencies on aging (State and area agencies) to carry out outreach with respect to assistance under the SSI and Medicaid programs (titles XVI and XIX respectively of the Social Security Act (SSA)) and food stamp program; (5) establish information and assistance services as priority services; (6) develop guidelines for area agencies to follow in choosing and evaluating legal assistance providers and developers; (7) develop a model job description for legal assistance developers; (8) study ways in which Federal funds might be more effectively targeted to older low-income minorities and older rural residents to better meet the needs of States with a disproportionate number of older individuals in greatest need, as well as States with disproportionate numbers of older individuals generally; and (9) take other specified actions, including those with respect to establishing the National Center on Elder Abuse and the National Aging Information Center. Outlines funding requirements for the National Ombudsman Resource Center and the National Center on Elder Abuse. Requires the AOA Commissioner to coordinate, advise, consult and cooperate with the Secretary of Labor in carrying out the Community Service Employment Program for Older Americans and with ACTION in carrying out OAA. Requires the Labor Secretary to consult and cooperate with the AOA Commissioner in carrying out the Job Training Partnership Act. Requires the head of each Federal entity administering programs and services substantially related to OAA objectives to collaborate with the AOA Commissioner and develop an analysis of the impact of such programs and services on older individuals (with particular attention on older low-income minority individuals), and on the functions and responsibilities of State and area agencies. Includes as programs related to the purposes of OAA the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs under the Omnibus Crime Control and Safe Streets Act of 1968. Requires the AOA Commissioner to consult and coordinate with State agencies, area agencies on aging, and Native American grant recipients in the development of Federal goals, regulations, program instructions, and policies under OAA. Establishes class memberships for individuals newly appointed to serve on the Federal Council on the Aging. Makes it a duty of the Council to advise the AOA Commissioner directly on matters affecting the special needs of older individuals for services and assistance under OAA. Authorizes appropriations. Makes mandatory currently discretionary interim Council reports to the President. Provides for a nutrition officer with responsibility over nutrition services provided under OAA title III. Revises program evaluation provisions. Requires that the annual report on the long-term care ombudsman program be compiled by March 1 of each year, rather than by January 15 as is currently required. Authorizes the AOA Commissioner and the Secretary of Agriculture to provide technical assistance and appropriate material to agencies carrying out nutrition education programs. Authorizes appropriations for OAA program administrative expenses and AOA salaries and expenses. Requires the AOA Commissioner to study and report to specified congressional committees on the effectiveness of State long-term care ombudsman programs. Requires the Secretary of Health and Human Services (HHS) to arrange to establish study committees working through the Institute of Medicine of the National Academy of Sciences to study and report to the Congress on: (1) the quality of board and care facilities for older individuals; and (2) the quality of home care services to them. Authorizes appropriations. Title III: State and Community Programs on Aging - Amends OAA title III to add: (1) to the list of purposes for such title the securing of the opportunity for older individuals to receive managed in-home and community-based long-term care services; and (2) to the list of entities that are to cooperate with State and area agencies other State agencies, including those that administer home and community programs, and organizations representing or employing older individuals or their families. Modifies the definition of "comprehensive and coordinated system." Authorizes appropriations. Revises allotment provisions. Sets a minimum annual allotment of $50,000 per State for supportive activities for caretakers. Mandates withholding of allotments for those States which have not had their intrastate funding formula approved. Adds provisions with respect to outreach demonstration projects and volunteer services coordinators. Makes the designated State agency primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to OAA objectives. Requires that the intrastate funding formula be developed in consultation with area agencies and take into account older individuals distributed both throughout the State and, with respect to older individuals in greatest need, among agency planning and services areas, with particular attention to older low-income minority individuals. Requires submission of such formula to the AOA Commissioner, who shall approve it, rather than review and comment upon it as currently required, once it is found to fulfill OAA requirements. Requires the designated State agency to provide assurances that it will require the use of outreach efforts to identify individuals eligible for OAA assistance and inform them of the availability of such assistance. Requires the designated State agency to: (1) set specific goals for each planning and service area for providing services to older low-income minority individuals; (2) provide assurance that it will undertake specific program development, advocacy, and outreach efforts focused on the needs of such minority individuals; and (3) provide a description of its efforts in this regard. Declares that whenever a State agency initiates an action or proceeding to revoke the designation of an area agency, designate an additional planning and service area, divide the State into different such areas, or otherwise affect planning and service area boundaries, it must establish and follow procedures to provide due process to affected parties. Revises area and State plan provisions. Revises provisions concerning the transfer of funds between: (1) supportive and nutrition services programs; and (2) congregate and home delivered nutrition services programs. Allows the AOA Commissioner to reimburse States for supplies in the event of a major disaster declared by the President in accordance with the Disaster Relief and Emergency Assistance Act. Requires the AOA Commissioner to advance at least 75 percent of the disaster relief reimbursement to the State within five days of the President's disaster declaration. Directs the Secretary of Agriculture to maintain, for FY 1992, a level of assistance equal to the greater of: (1) a per meal reimbursement rate equal to the amount appropriated, divided by the number of meals served in the preceding fiscal year; or (2) 61 cents per meal. Provides for Consumer Price Index adjustment of the 61 cents per meal for FY 1993 and subsequent fiscal years. Provides that in each fiscal year the final reimbursement claims shall be adjusted to use the full amount appropriated for that fiscal year. Authorizes appropriations for the surplus commodities distribution program. Directs the AOA Commissioner to require entities that provide in-home services to promote specified rights of the older individual who receives such services. Adds certain new supportive services to the list of those currently authorized under OAA title III. Allows congregate and home delivered nutrition projects to operate in rural areas at a frequency that is less than the frequency currently required. Repeals certain dietary requirements for such projects. Requires the AOA Commissioner to consult with representatives from the Dietary Managers Association in developing criteria for furnishing meals under home delivered nutrition projects. Adds two new subparts entitled "School-Based Meals for Volunteer Older Individuals and Multigenerational Programs" and "General Provisions" to part C (Nutrition Services) of OAA title III under which: (1) a new program will provide meals to older individuals who do volunteer work in public schools; and (2) current nutrition projects will provide meals that comply with certain dietary guidelines and allowances. Authorizes the addition of other in-home services (as defined under area and State plans) to the list of in-home services currently authorized under OAA title III. Gives OAA title III part F (Preventive Health Services) the new name "Disease Prevention and Health Promotion Services" and adds additional services which may be provided under it. States that the services provided under such part shall not include those for which payment may be made under SSA title XVIII (Medicare). Modifies and shifts to a new OAA title VII (Allotments for Vulnerable Elder Rights Protection Activities) the OAA title III part G program for the prevention of abuse, neglect, and exploitation of older individuals. Repeals the old part G program. Adds a new part G program entitled "Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals" under which the AOA Commissioner shall carry out a State grant program to provide supportive activities for caretakers who provide in-home services to frail older individuals. Lists those activities which constitute supportive activities. Includes the maintenance of lists of individuals who provide respite services as a supportive activity. Title IV: Training, Research, and Discretionary Projects and Programs - Amends OAA title IV (Training, Research, and Discretionary Projects and Programs) to require the AOA Commissioner to: (1) consult annually with State and area agencies, Native American grant recipients, and other entities and individuals in developing priorities for grants and contracts; and (2) ensure that grants and contracts are evaluated for their benefit to older individuals and OAA programs and comply with OAA requirements. Makes such education and training projects emphasize attracting minority personnel to the field of aging in order to help meet critical shortages of adequately training personnel for programs in that field. Makes it a purpose of grants and contracts to provide education and training for practitioners in the field of gerontology. Makes in-service training emphasize using culturally sensitive practices to respond to the needs of older individuals. Provides for training of service providers with respect to aging and the problems of older individuals. Adds schools of social work and psychology to the list of schools which multidisciplinary centers of gerontology are required to help develop training programs in the field of aging. Revises provisions with respect to demonstration projects and special projects in comprehensive long-term care. Allows legal assistance agencies to participate in ombudsman and advocacy demonstration projects for developmental disabilities and mental illness. Authorizes demonstration projects to provide: (1) older individuals with multigeneration activities; and (2) supportive services to older individuals who are residents in federally assisted housing projects. Authorizes the AOA Commissioner to award grants to eligible communities (with a preference for applicants experienced in operating community programs and programs meeting the independent living needs of older individuals) to establish neighborhood senior care programs, in order to encourage professionals to provide volunteer services to local residents who are older individuals and who might otherwise have to be admitted to nursing homes and hospitals. Requires the AOA Commissioner, to the extent appropriations are available, to contract for the establishment of a technical resource center that will: (1) assist the Commissioner in developing criteria for, and in awarding grants to communities to establish, neighborhood senior care programs; (2) assist communities interested in establishing such a program; (3) provide ongoing analysis of such programs and provide program data to the AOA Commissioner; (4) serve as a liaison to State agencies; and (5) take any further actions as required. Authorizes the AOA Commissioner to make grants to selected agencies and organizations to support improvement of information and assistance services, and systems of services, operated at State and local levels. Requires the AOA Commissioner to: (1) establish and carry out senior transportation demonstration programs for the purpose of improving the mobility of, and transportation services for, older individuals; and (2) make grants to or enter into contracts with eligible entities to establish and operate Resource Centers on Native American Elders. Requires such Centers to: (1) gather information and perform research on priority areas of concern regarding older Native Americans; (2) provide for dissemination of research results; and (3) provide technical assistance and training to entities that provide services to older Native Americans. Requires the AOA Commissioner to make grants for: (1) services for older individuals with developmental disabilities and for older individuals with caretaker responsibilities for developmentally disabled children; (2) housing ombudsman programs; and (3) foreclosure and eviction assistance and relief services. Authorizes demonstration projects that generate non-Federal resources in order to increase resources available to provide additional services under OAA title III. Requires the AOA Commissioner to make grants to institutions of higher education, historically black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging. Requires the AOA Commissioner to establish and carry out pension rights demonstration projects. Authorizes appropriations. Revises provisions respecting demonstration project grant payments and AOA Commissioner responsibilities. Title V: Community Service Employment for Older Americans - Amends the Older American Community Service Employment Act (OAA title IX) to make miscellaneous and technical amendments with respect to employment projects. Authorizes appropriations. Provides that assistance under such Act shall not be construed to be financial assistance for purposes related to the Immigration and Nationality Act. Title VI: Grants For Native Americans - Amends OAA title X (Grants for Native Americans) to require applicants for grants under parts A (Indian Program) and B (Native Hawaiian Program) to assure that they will coordinate services under OAA titles III and X in same geographical area. Provides for the distribution of OAA title X grant funds among: (1) tribal organizations; and (2) organizations serving Native Hawaiians. Authorizes appropriations. Title VII: Vulnerable Elder Rights Protection Activities - Adds to OAA the new title VII (Allotments for Vulnerable Elder Rights Protection Activities) referenced above in title III of this Act. Establishes ombudsman programs, programs for prevention of elder abuse, neglect, and exploitation, a State elder rights and legal assistance development program, and an outreach, counseling, and assistance program. Authorizes appropriations. Directs the AOA Commissioner to make allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities. Directs the AOA Commissioner to make grants for vulnerable elder rights protection activities with respect to Native Americans. Authorizes appropriations. Title VIII: Amendments to Other Laws; Related Matters - Requires the Director of the National Center for Health Statistics of the Centers for Disease Control to collect and report on certain demographic information on home health care aides and nursing home nurse aids, as well as information on the role of such aides in providing institution-based and home-based long-term care. Requires the Labor Secretary to: (1) collect, and prepare a report containing, certain information on home health care aides, including information on conditions of employment and employment benefits with respect to such aides; and (2) collect and prepare a report containing similar information with respect to nursing home nurse aides. Requires the Director's and Secretary's reports to be transmitted to the AOA Commissioner. Requires the AOA Commissioner to review such reports, then submit them to appropriate congressional committees along with comments and findings. Requires the Labor Secretary to include a separate occupation code for each such aide in Labor wage surveys conducted after enactment of this Act. Amends the National School Lunch Act to revise the definition of "adult day care center" to include entities licensed to provide adult day care services to individuals in a group living arrangement. Native American Programs Act Amendments of 1992 - Amends the Native American Programs Act of 1974 (NAPA) to transfer from the HHS Secretary to the Commissioner of the Administration to Native Americans (established by this Act) authority for financial assistance to Native American projects. Makes private agencies serving Alaska Native organizations in urban or rural areas not associated with an Alaska Native village eligible for financial assistance. Makes the Office of Hawaiian Affairs of Hawaii (Office) the sole recipient of grants from the Commissioner referenced below for a currently authorized revolving loan fund for economic development in Hawaii. Repeals the termination date for such loan fund (thus making it permanent). Requires the Office to provide matching non-Federal contributions to the fund for each grant. Authorizes appropriations. Repeals provisions that require unneeded monies in the fund to be deposited as miscellaneous receipts in the Treasury. Revises associated congressional reporting requirements. Establishes in HHS the Administration for Native Americans (Administration), which shall be headed by a Commissioner (Commissioner), and in the Office of the Secretary (Secretary) the Intra-Departmental Council on Native American Affairs (Council). Makes the Administration responsible for carrying out programs under NAPA. Makes the Commissioner the chairperson of the Council. Requires the Commissioner to advise the HHS Secretary on all matters affecting Native Americans that involve HHS. Requires the Council to: (1) prepare a plan to allow tribal governments and other eligible Native American organizations to consolidate HHS grants; and (2) designate a single office to oversee and audit such grants. Revises technical assistance and training provisions. Modifies appeal and evaluation provisions. Adds congressional reporting requirements regarding social and economic conditions of Native Amerians. Extends employment preference to individuals who are eligible for NAPA assistance. Revises administrative provisions. Authorizes appropriations for: (1) demonstration projects to conduct research related to Native American studies and Indian policy development; (2) continued development of a detailed plan for a National Center for Native American Studies and Indian Policy Development; and (2) specified provisions of NAPA. Amends the Older Americans Act Amendments of 1987 to require the President to convene a White House Conference on Aging before January 1, 1995. Authorizes appropriations. Expresses the sense of the Congress that such Conference should consider the impact of the social security earnings test on older individuals who are employed. Title IX: General Provisions - Provides that any authority to enter into contracts under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Requires the HHS Secretary to issue proposed regulations to carry out the amendments made by titles I through VII of this Act. Expresses the sense of the Congress that a recipient of Federal financial assistance awarded under this Act for equipment or product purchases should use such assistance to purchase American-made equipment or products. Sets forth effective dates of provisions of this Act.
United States · United States Congress · 2 July 1992
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.
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.
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.
United States · United States Congress · 2 July 1992
Religious Freedom Restoration Act of 1992 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 1 July 1992
States that the criminal act of stalking other persons is of deep concern. Directs the Attorney General, acting through the Director of the National Institute of Justice, to: (1) evaluate anti-stalking legislation and proposed legislation in the States; (2) develop model anti-stalking legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as a result of the evaluation; and (4) report to the Congress on the need for further Federal action.
United States · United States Congress · 29 June 1992
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.
United States · United States Congress · 25 June 1992
National Institutes of Health Revitalization Amendments of 1992 - Title I: General Provisions Regarding title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from approving certain research or financial assistance to conduct research unless specified review has taken place and the review entity has recommended approval. Prohibits the Secretary from withholding, on ethical grounds, funding for research that has received such review approval unless: (1) an ethics advisory board recommends the withholding; or (2) such a board recommends against withholding, but the Secretary finds that the recommendation is arbitrary and capricious. Part II: Research on Transplantation of Fetal Tissue - Permits the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes regardless of whether the tissue is obtained from a spontaneous or induced abortion or a stillbirth, in accordance with State and local law. Requires the researcher, if the tissue bank established under a specified executive order is in operation, to obtain the tissue from that bank, unless the bank does not provide requested tissue within a specified time of a request. Requires certain statements by the woman providing the tissue, the researcher, and the donee. Imposes criminal penalties for certain commercial transactions involving the transfer or directed donation of human fetal tissue. Prohibits: (1) any official of the executive branch from imposing a policy prohibiting the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes; and (2) the Secretary from withholding funds for research which is in accordance with this Act. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to be a report issued by an ethics advisory board finding, on a basis that is neither arbitrary nor capricious, that there are no ethical grounds for withholding funds for such research. Part III: Miscellaneous Repeals - Removes certain provisions of the Public Health Service Act relating to: (1) biomedical ethics; (2) a study by the Biomedical Ethics Advisory Committee on waiver of a specified risk standard; and (3) the construction of title IV (National Research Institutes) of the Act. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires that women and minorities be included as subjects in each clinical research project under such title IV. Requires projects to be designed and carried out so as to provide for an analysis of whether the variables being tested affect women or minorities differently than other subjects. Requires the establishment of inclusion guidelines. Requires that technical and scientific peer review conducted under existing provisions include an evaluation of the merit of the proposal regarding women and minorities. Part II: Office of Research on Women's Health - Establishes in the National Institutes of Health (NIH) the Office of Research on Women's Health. Requires the Director of the Office to establish: (1) the Coordinating Committee on Research on Women's Health; and (2) the Advisory Committee on Research on Women's Health. Mandates: (1) a determination of the extent to which women are represented among senior physicians and scientists of the national research institutes and among those conducting research supported by the institutes; and (2) as appropriate, activities to increase the extent of such representation. Requires establishment of: (1) a data system, available to the public, for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the institutes; and (2) a program to provide information on research and prevention activities of the institutes relating to women's health research. Subtitle C: Scientific Integrity - Replaces provisions relating to protection against scientific fraud with provisions establishing as an independent entity in the Department of Health and Human Services the Office of Scientific Integrity. Requires: (1) applicants for a grant, contract, or cooperative agreement under the Act for biomedical or behavioral research to have an administrative process to review reports of scientific misconduct and agree to report any investigation of such reports; and (2) a response process for the Office. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures for identifying, responding to, and reporting the existence of a financial interest that will or may create a bias in favor of obtaining results, in a project to evaluate the safety or effectiveness of a drug, medical device, or treatment, that are consistent with the interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Modifies the duties of the NIH's Associate Director for Prevention. Establishes a program to enhance the competitiveness of research entities in States which have historically had low success in obtaining funds from the national research institutes for biomedical and behavioral research. Mandates activities, consistent with the global Children's Vaccine Initiative, to develop affordable new and improved vaccines. Authorizes appropriations. Requires a plan regarding research methods that do not require the use of animals, reduce the number of animals used, and produce less distress in the animals. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. Authorizes the Secretary of Health and Human Services to conduct and support research, research training, recruitment, and other activities to increase the number of women and individuals from disadvantaged backgrounds in biomedical and behavioral research. Requires that any survey of human sexual behavior conducted or supported through NIH: (1) undergo review in accordance with specified provisions; and (2) have been determined by the Secretary to assist in reducing the incidence of infectious disease or improve health conditions. Establishes a fund for use by the NIH Director to carry to carry out NIH activities. Authorizes appropriations. Modifies the term of office of members of advisory councils of the national research institutes. Requires that at least half of all new or revised health education and promotion materials developed or funded by NIH be in a form that does not exceed a level of functional literacy. Authorizes a program to provide day care service for NIH employees. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary receive from the President and the Office of Management and Budget directly all funds appropriated by the Congress for obligation and expenditure by the Institute. Removes provisions authorizing the Director of the National Cancer Institute to directly receive such funds. Modifies the authority of the directors of the national research institutes to establish and appoint the members of technical and scientific peer review groups in addition to those appointed under specified provisions. Makes the Federal Advisory Committee Act inapplicable to such additional groups. Requires expansion and intensification of programs of research and related activities concerning osteoporosis, Paget's disease, and related bone disorders. Provides for the establishment, through a grant, cooperative agreement, or contract, of a clearinghouse to enhance knowledge and understanding of professionals, patients, and the public. Authorizes appropriations. Establishes: (1) a comprehensive program of conducting basic and clinical research on trauma, including diagnosis, treatment, rehabilitation, and general management of trauma; and (2) the Trauma Research Interagency Coordinating Committee. Title V: National Cancer Institute - Requires expanding, intensifying, and coordinating the activities of the National Cancer Institute (NCI) regarding breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Requires inclusion of the conduct and support of research and demonstration centers. Authorizes appropriations. Removes provisions authorizing appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title VI: National Heart, Lung, and Blood Institute - Requires NHLBI to conduct intramural training and education. Authorizes development of three centers for basic and clinical research into, training in, and demonstration of, advanced diagnosis, prevention, and treatment for cardiovascular diseases in children. Authorizes appropriations for NHLBI. Title VII: National Institute on Diabetes and Digestive and Kidney Diseases - Establishes a program of conducting and supporting research, training, health information dissemination, and other activities regarding nutritional disorders, including obesity. Provides for the development or substantial expansion of centers for research and training. Title VIII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - Removes provisions stating that the purpose of the National Institute on Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) includes sports-related injuries. Requires NIAMSD to place emphasis on arthritis affecting children. Establishes a multipurpose arthritis and musculoskeletal disease center focusing on children. Modifies the composition of the National Arthritis Advisory Board and its annual report requirements. Title IX: National Institute on Aging - Transfers to the Public Health Service Act provisions of the Health Research Extension Act of 1985 authorizing a grant to develop a registry for epidemiological data on Alzheimer's disease and related data collection training. Removes the existing authorization of appropriations. Mandates research into the aging processes of women, with particular emphasis on menopause and into the diagnosis, disorders, and complications related to aging and loss of ovarian hormones. Authorizes appropriations for the National Institute on Aging. Title X: National Institute of Allergy and Infectious Diseases - Includes programs regarding tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers to conduct basic and clinical research on chronic fatigue syndrome. Establishes an extramural study section for the syndrome. Title XI: National Institute of Child Health and Human Development - Subtitle A: Research Centers with Respect to Contraception and Research Centers with Respect to Infertility - Mandates grants or contracts for three centers to conduct activities to improve methods of contraception and two centers to conduct activities to improve methods of diagnosis and treatment of infertility. Authorizes appropriations. Establishes a program of agreements with health professionals, including graduate students, to conduct research on contraception or infertility in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle B: Program Regarding Obstetrics and Gynecology - Establishes in the National Institute of Child Health and Human Development (NICHHD) an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Mandates development of and support for centers for conducting research on child health. Subtitle D: Study Regarding Adolescent Health - Mandates a longitudinal, large-scale study on the general health and well-being of adolescents in the United States. Allocates funding from amounts appropriated to NICHHD. Title XII: National Eye Institute - Authorizes not more than three grants for the establishment and support of centers for clinical research on eye care for individuals with diabetes. Allows grant funds to be used for equipment and for construction and modification of facilities. Title XIII: National Institute of Neurological Disorders and Stroke - Mandates the conduct and support of research on multiple sclerosis. Title XIV: National Institute of Environmental Health Sciences - Establishes the Applied Toxicological Research and Testing Program. Title XV: National Library of Medicine - Subtitle A: General Provisions - Directs the Secretary to promote the use of computers and telecommunications by health professionals. Increases the dollar limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine (NLM). Subtitle B: Financial Assistance - Mandates grants for research on, and development and demonstration of, new educational technologies. Requires recipient institutions to make grant projects available for: (1) training health professions students; and (2) enhancing the capabilities of health professionals regarding research and teaching. Authorizes appropriations to carry out provisions relating to medical libraries and related matters. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations to carry out provisions relating to the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research and Health Care Technology - Establishes in NLM the National Information Center on Health Services Research and Health Care Technology to collect, analyze, and disseminate information on health services research and health care technology. Authorizes appropriations. Requires the Administrator of the existing information center on health care technologies and health care technology assessment and the NLM Director to enter into an agreement on the implementation of these provisions. Title XVI: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes grants to alter existing or construct new research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities to advise the Center director and the existing advisory council. Conditions grant approval on Board approval. Authorizes appropriations. Requires the NIH Director to reserve a specified sum from amounts appropriated under this authorization for grants and contracts to construct or improve regional centers for research on primates. Subtitle B: National Center for Nursing Research - Redesignates the National Center for Nursing Research as the National Institute for Nursing Research and adds the Institute to the list of NIH's national research institutes. Subtitle C: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of NIH agencies. Declares the purpose of the Center to be to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Title XVII: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to carry out provisions relating to National Research Service Awards in a manner that will recruit into biomedical or behavioral research, and provide research training to, women and individuals from disadvantaged backgrounds. Subtitle B: Acquired Immune Deficiency Syndrome - Modifies a program of agreements (under which certain health professionals conduct research regarding acquired immune deficiency syndrome (AIDS) as NIH employees in consideration of Government repayment of educational loans) to remove provisions requiring a minimum of three years as an NIH employee. Authorizes appropriations. Authorizes the Commissioner of Food and Drugs to carry out a similar program regarding the review of applications concerning AIDS. Subtitle C: Loan Repayment for Research Generally - Mandates a program of agreements with health professionals who have a substantial amount of educational loans relative to income and who meet other requirements to conduct research, as NIH employees, in consideration of Government repayment of a limited amount of the educational loans of the professionals. Authorizes appropriations. Subtitle D: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by Certain Agencies - Authorizes a program of contracts with individuals from disadvantaged backgrounds for scholarships for undergraduate programs for professions needed by NIH in consideration of service by the individuals as NIH employees. Authorizes a program of contracts with health professionals from disadvantaged backgrounds who have a substantial amount of educational loans relative to income to conduct clinical research as NIH employees in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle D: (SIC) Funding - Authorizes appropriations for making payments under National Research Service Awards and under grants for such Awards. Modifies set-aside amounts and requires a set-aside for provisions relating to residency programs in the general practice of dentistry. Title XVIII: National Foundation for Biomedical Research - Excludes from voting rights the ex officio members of the National Foundation for Biomedical Research. Authorizes appropriations. Title XIX: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to: (1) give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID); and (2) make recommendations on research projects regarding diagnosing immune deficiency and predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of methods of: (1) diagnosing immune deficiency; and (2) predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. Modifies provisions relating to the support of international efforts to add to the purpose of grants, cooperative agreements, and contracts for such efforts provisions promoting and expediting: (1) international training; (2) research and training concerning the natural history and pathogenesis of the human immunodeficiency virus; and (3) the development and evaluation of vaccines and treatments for opportunistic infections. Authorizes appropriations for each fiscal year. Requires that model protocols (developed with grants under existing provisions) for the clinical care of individuals infected with the etiologic agent for AIDS include treatment and prevention of human immunodeficiency virus (HIV) infection and related conditions among women. Authorizes appropriations. Adds collection of data on the natural history of infection with the etiologic agent to the purposes of the epidemiological data base mandated by current provisions. Authorizes appropriations for each fiscal year. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Authorizes appropriations for each fiscal year for fellowship and training programs relating to AIDS under existing provisions. Title XX: Certain Authorities of Centers for Disease Control - Authorizes grants to States and local health departments for programs for specified activities relating to prostate cancer, including screening, public information, and improving professional training. Authorizes appropriations. Authorizes: (1) grants or contracts for population-based, statewide cancer registries; (2) grants for developing plans that meet the requirements of specified provisions; and (3) technical assistance to States, either directly or through grants and contracts. Mandates a study on the factors contributing to elevated breast cancer mortality rates in specified States. Authorizes appropriations. Requires a survey to determine which entities collect data on traumatic brain injuries and the nature of their data collection systems. Authorizes cooperation and assistance to establish traumatic brain injury as a specific reportable condition or disability. Authorizes appropriations. Title XXI: Studies - Mandates studies on: (1) the impact, with regard to acquired immune deficiency syndrome (AIDS), of parallel-track drug-release mechanisms on clinical research and on the activities of the Commissioner of Food and Drugs regarding drug approval; (2) third-party payor policies regarding payment of costs incident to the participation of individuals as subjects in AIDS drug clinical trials; and (3) whether AIDS advisory committees in NIH are being sufficiently coordinated. Requires a plan for the inclusion of HIV-infected women, infants, and children in HIV vaccine studies conducted by or through NIH. Authorizes appropriations. Mandates an annual report on the leading causes of death in the United States and related spending by the Department of Health and Human Services for research, prevention, and education. Requires three-year studies on: (1) nutrition screening and intervention regarding the elderly; and (2) the extent of malnutrition in hospitals, in long-term care facilities, and among those living independently. Establishes an advisory panel to oversee the studies. Mandates a report on the feasibility of developing a plan for the conduct of research at NIH on the prevention of traumatic injuries. Directs the Secretary to: (1) review existing data and research concerning whether there is a relationship between legal and illegal drug use; and (2) if necessary, conduct additional research. Mandates reports on: (1) research conducted or supported by NIH on chronic fatigue syndrome; (2) the appropriateness and impact of NIH assuming responsibility for the conduct of all Federal research, development, testing, and evaluation relating to medical countermeasures against biowarfare threat agents. Requires a study on the potential for, the prevalence of, and the issues related to the contamination of worker's homes with substances from their work places. Requires: (1) establishment of the Worker's Family Protection Task Force to take specified actions, including developing an investigative strategy for obtaining any needed additional data; and (2) each Federal department or agency to fulfill the role assigned by the strategy. Authorizes appropriations. Mandates studies: (1) of the retention, recruitment, vacancy and turnover rates of NIH support staff, including fire fighters, law enforcement, procurement officers, technicians, nurses, and clerical employees; and (2) to develop a streamlined procurement system for NIH. Title XXII: Miscellaneous Provisions - Redesignates the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service and increases the limit on the number of its members. Renames the AIDS Clinical Research Review Committee as the AIDS Research Advisory Committee. Prohibits the Secretary from conducting or supporting the SHARP survey of adult sexual behavior. Requires that a report on carcinogens be submitted biennially (currently, annually). Mandates a report analyzing the report of the National Committee on Sleep Disorders Research and presenting a plan for the conduct and support of sleep disorders research at NIH. Mandates presentation to the Congress of a master plan to provide for the replacement or refurbishment of less than adequate buildings, utility equipment and distribution systems, roads, walkways, parking areas, and grounds of NIH laboratory and clinical facilities. Allows the plan to make recommendations for the undertaking of new projects consistent with the objectives of these provisions. Title XXIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 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.
United States · United States Congress · 24 June 1992
Declares that it is the sense of the Congress that any legislation passed by the Congress to address American health care needs must include coverage for mental disorders.
United States · United States Congress · 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
Local Exchange Infrastructure Modernization Act of 1992 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness. Defines "local exchange carrier" for purposes of such Act as a carrier that: (1) is required to provide upon request, under tariff or subject to other government oversight (by the FCC or a State commission), interstate and intrastate access services and telephone exchange service; (2) is, or was, a participant in one or more interstate pools established by the FCC, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; (3) is subject to the requirements imposed by the FCC or a State commission related to the provision of equal access; and (4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality. Specifies that: (1) no LEC shall be prohibited from transporting or processing signalling and information for another LEC in adjoining or reasonably proximate serving areas upon request of that LEC to the same extent that the providing LEC is permitted to engage in such activities for itself; (2) nothing in such Act shall be construed to alter, limit, or supersede the authority of any State with respect to the regulation of intrastate communication service; and (3) nothing contained in Federal or State antitrust law shall render unlawful any action taken by a LEC or any individual or concerted action taken such as lobbying before the Congress, the FCC, or communicating by any means with other LECs, by any LEC, or its directors, officers, agents, employees, affiliates, subsidiaries, joint ventures, counsel, or other persons purporting to act on behalf of such carrier.
United States · United States Congress · 21 May 1992
Mike Mansfield Fellowship Act - Establishes the Mike Mansfield Fellowship Program. Directs the Secretary of State (Secretary) to make grants to the Mansfield Center for Pacific Affairs (Center) to award two-year fellowships to eligible Federal employees. Requires fellowship recipients (Mansfield Fellows): (1) during their first year, to study, in Washington, D.C., the Japanese language and political economy; and (2) during their second year, to serve as a Fellow in a parliamentary office, ministry, or other agency of the Government of Japan, or, subject to Center approval, a nongovernmental Japanese institution associated with the recipient's interests. Requires the Center to comply with specified program requirements in order to be eligible for such grants. Authorizes the Secretary to enter into an arrangement with the Government of Japan to place Fellows in that Government. Authorizes the Foreign Service Institute to assist in carrying out Japanese language training by the Center through providing classroom space, teaching materials, and facilities, insofar as this is not detrimental to the Institute's other responsibilities. Authorizes the Center to accept and use gifts from private sources for such program, subject to review and approval of the Mansfield Fellowship Review Board. Provides that specified amounts from Department of State funds shall be available to the Secretary to make program grants to the Center for FY 1993 through 1996. Sets forth program requirements. Requires that the Federal employees eligible for such fellowships have: (1) at least two years experience in any branch of the U.S. Government; and (2) a strong career interest in U.S.-Japan relations and a commitment to further Federal service. Requires that at least ten such fellowships be awarded annually. Prohibits Mansfield Fellows from engaging in any intelligence or intelligence-related activity on behalf of the U.S. Government. Allows Federal agencies to separate from service such Fellows for a specified period, but requires that: (1) Fellows be reemployed or reinstated in an appropriate position and with all attendant rights and benefits as they would have acquired if they had not been so separated; and (2) they continue to participate during the fellowship period, as if they were not separated, in specified programs for health and life insurance, workers' compensation leave, and retirement (with employer contributions to be made by the Center, and employee deductions to be taken from fellowship stipends). Establishes the Mansfield Fellowship Review Board to review program administration and submit annual reports. Authorizes appropriations for the Board.
United States · United States Congress · 21 May 1992
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (the Act) to revise provisions with respect to the operation of the Office of Juvenile Justice and Delinquency Prevention. Establishes a direct reporting relationship between the Administrator of the Office and the Attorney General. Makes the Administrator directly responsible to the Attorney General. Bars the Attorney General from delegating specified powers, duties, or functions. Repeals a provision directing the Administrator, in carrying out his functions, to consult with the Coordinating Council on Juvenile Justice and Delinquency Prevention. Directs the Administrator to: (1) assist Federal agencies that have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives that the Commission establishes; (2) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in place of those currently being administered; and (3) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities that the Commission intends to carry out. Authorizes the Administrator to: (1) request a Federal department or agency that engages in activity involving any Federal juvenile delinquency prevention program to provide the Administrator with programmatic and other information, and the head of such department or agency to comply with such request; and (2) make grants and enter into contracts with public or private nonprofit agencies, organizations, institutions, and natural persons to carry out the Act. Directs the Administrator to review: (1) the programs and practices of Federal agencies and report to the President and the Congress on the degree to which Federal agency funds are used for purposes that are either consistent or inconsistent with provisions of the Act; and (2) the reasons why Federal agencies take juveniles into custody and make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. Revises reporting requirements to cover specified activities, including a description of exemplary delinquency programs for which assistance is provided under the Act, with particular attention to community-based alternatives to juvenile incarceration that involve and assist families of juveniles. Authorizes the Administrator to make grants for State and local programs with public and private nonprofit agencies for the development of more effective programs of juvenile justice and delinquency prevention and treatment (currently, with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system (system)). Increases allocations for State formula grants. Revises provisions with respect to the composition and functions of the advisory group required under each State plan. Specifies that such advisory group shall consist of not more than 30 members: (1) who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice; (2) including at least one locally elected official representing general purpose local government, representatives of law enforcement and juvenile agencies, public agencies concerned with delinquency prevention or treatment, private nonprofit organizations, volunteers who work with delinquents or potential delinquents, youth workers involved with programs that are alternatives to incarceration, persons with special experience and competence in addressing problems related to school violence, vandalism, and alternatives to suspension and expulsion, and in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (3) a majority of whom (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (4) at least one-fifth of whom shall be under age 24 at the time of appointment; and (5) at least three of whom have been under the jurisdiction of the system at some time. Sets forth additional requirements with respect to such advisory group. Earmarks funds for programs and services such as: (1) community-based alternatives to incarceration and institutionalization, including specified programs and services for youth who can remain at home with assistance, need temporary placement, and need residential placement; (2) community-based programs and services to work with parents and other family members to strengthen families, including parent self-help groups, so that juveniles may be retained in their homes; (3) comprehensive juvenile justice and delinquency programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, and specified agencies and services; (4) educational programs or supportive services for delinquent or other youth, provided equitably regardless of sex, race, or family income, designed to encourage them to remain in school; (5) expanded use of home probation; (6) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other drugs; (7) law-related education programs and projects for delinquent and at-risk youth; and (8) programs for positive youth development that assist delinquent and other at-risk youth in obtaining a sense of safety and structure, of belonging, of self-worth, of independence and control over one's life, of closeness in interpersonal relationships, and of competence. Extends through 1997 (currently, 1993) the requirement that the Administrator promulgate regulations which make exceptions to a prohibition against the detention or confinement of juveniles in any jail or lockup for adults with respect to the detention of juveniles accused of non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within 24 hours after being taken into custody, subject to specified limitations. Requires State plans to provide assurance that youth in the system are treated equitably on the bais of gender, race, family income, and mentally, emotionally, or physically handicapping conditions. Provides for the reduction of funds by 25 percent for each paragraph with respect to which noncompliance with requirements of the Act occurs. Revises provisions with regard to ineligibility of such States to receive allotments. Includes among the purposes of the National Institute for Juvenile Justice and Delinquency Prevention to provide appropriate training for prosecutors and defense attorneys. Authorizes the Administrator to provide such training. Directs the Comptroller General, not later than one year after the date of enactment of this Act, to conduct studies with respect to: (1) juveniles waived to adult court; (2) admissions of juveniles for behavior disorders to private psychiatric hospitals and to other residential and nonresidential programs that serve such juveniles; (3) gender bias within State juvenile justice systems; (4) the Native American pass-through grant program that reviews the cost-effectiveness of the funding formula utilized; and (5) access to counsel in juvenile court proceedings. Sets forth reporting requirements. Requires the Administrator to provide for the establishment or support of programs and services that encourage the improvement of due process available to juveniles in the system and the quality of legal representation for such juveniles. Specifies that the competitive process regarding consideration of grant applications shall not be required if the Administrator makes a written determination that apply to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists (but repeals other exceptions, and reporting requirements related to such exceptions, to the competitive process). Directs the Administrator to establish and support programs and activities that involve families and communities in: (1) the prevention of youth gangs through programs that are designed to: target elementary school students, with the purpose of steering students away from gang involvement; provide individual and family crisis intervention and counseling to students and their families who are particularly at risk of gang involvement; develop and support community education about gangs and gang activity with the intent of involving the community in dealing with the problems associated with gangs; and include a special location within a school or housing project for program activities; and (2) crisis intervention and rehabilitation of youth gangs. Authorizes appropriations. Authorizes the Administrator to make grants, in the amount of ten percent of the amount of the State allocation, for challenge activities in which the State participates in such activities. Defines "challenge activity" as a program maintained for one of specified purposes, such as: (1) developing and adopting policies and programs to provide: basic health and appropriate education services for youth in the system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984; access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel; and secure settings for the placement of violent juvenile offenders with capacities of no more than 50 youth with ratios of staff to youth great enough to ensure adequate supervision and treatment; (2) increasing community-based alternatives to incarceration by establishing programs and developing and adopting objective criteria for the appropriate placement of juveniles in detention and secure confinement; (3) developing and adopting policies to prohibit gender bias in placement and treatment, and establishing programs to ensure that female youth have access to the full range of health services, treatment for physical or sexual assault and abuse, education in parenting, education in general, and other training and vocational services; (4) establishing and operating a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of-home care to children and youth that may adversely affect the health, safety, welfare, or rights of resident children and youth; (5) developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court; (6) developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school; (7) increasing aftercare services for juveniles involved in the justice system; and (8) developing and adopting policies to establish a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems and their families among the major child serving systems and a statewide case review system which meets specified requirements. Revises findings with respect to runaway and homeless youth. Specifies that runaway and homeless youth centers funded by grants under the Act shall serve as alternatives to the law enforcement, child welfare, mental health, and juvenile justice systems. Provides for increases in the allocation to a State or territory under such provisions. Repeals a provision authorizing the Secretary of Health and Human Services (HHS) to provide on-the-job training to local runaway and homeless youth center and other personnel in recognizing and providing for learning disabled and other handicapped juveniles. Modifies eligibility requirements with respect to such grants. Includes among such requirements that an applicant propose to establish, strengthen, or fund a locally controlled project (currently, facility) providing temporary shelter. Requires that, to qualify for such assistance, the applicant submit a plan to the Secretary including assurances that the applicant shall: (1) develop an adequate plan for assuring proper relations with health and mental health care personnel; and (2) keep adequate statistical records profiling the family members which it serves, including youth who are not referred to out-of-home shelter services. Authorizes appropriations for grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. Gives priority to grants smaller than $250,000 (currently, $150,000) for runaway and homeless youth centers. Requires applicants, to be eligible for transitional living grant assistance, to submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide services including training in money management, budgeting, consumer education, and use of credit to homeless youth; and (2) not to disclose records maintained on individual homeless youth without the consent of the individual youth (currently, and parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Repeals provisions with respect to grants for technical assistance and training, authority to make grants to research, demonstration, and service projects, and coordination with the activities of health agencies in the Department of HHS. Authorizes the Secretary to make grants and provide technical assistance to public and nonprofit private entities (and combinations of such entities) to establish and operate street-based services to runaway, homeless, and other street youth. Requires an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund a street-based services project and submit to the Secretary a plan in which the applicant agrees, as part of the project, to: (1) identify and frequent areas in which such youth congregate, making contact and forming relationships with such youth; (2) assess the problems and service needs of such youth and provide appropriate services or information and referral for these services; (3) cause its staff to work in teams with on-street supervision or backup and off-street clinical supervision, develop referral relationships with agencies and organizations, and help integrate and coordinate such services for youth; (4) submit to the Secretary an annual report and an annual budget; (5) implement such accounting procedures and fiscal control devices as the Secretary may require; (6) keep adequate statistical records profiling the youth that it serves and not disclose the identity of individual street youth in documents based on such records; (7) not disclose records maintained on street youth without the consent of the individual youth to anyone; and (8) provide to the Secretary such other information as the Secretary may reasonably require. Directs the Secretary to: (1) give priority in selecting eligible applicants to entities that have experience in providing direct services to street youth; and (2) make grants to State, regional, and other nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to eligible groups for the purpose of establishing and improving the operation of programs for street youth. Authorizes the Secretary to make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, street youth. Requires the Secretary to give priority to applicants that have knowledge of or experience in working with runaway and homeless youth, and special consideration to proposed projects meeting specified criteria. Directs the Secretary, with respect to matters relating to health, education, employment, and housing, to coordinate the activities of health agencies in the Department of HHS with those of other divisions of that department and other public and private entities, and encourage coordination with other departments. Sets forth additional reporting requirements. Authorizes appropriations. Sets forth priorities in the use of appropriated funds. Authorizes appropriations for grants relating to locating missing children. Creates a new title V of the Act, which may be cited as the Incentive Grants for Local Delinquency Prevention Programs Act. Sets forth provisions regarding the duties and functions of the Commission. Authorizes the Commission to make grants to a State for delinquency prevention programs and activities for youth who have had, or who are likely to have, contact with the system, including the provision to children, youth, and families of recreation services, tutoring and remedial education, assistance in the development of work awareness skills, child and adolescent health and mental health services, alcohol and substance abuse prevention services, and leadership development activities. Sets forth requirements with respect to: (1) eligibility requirements; (2) priorities in considering grant applications; (3) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; and (4) developing or enhancing a statewide subsidy program to local governments that is dedicated to early intervention and delinquency prevention. Authorizes appropriations. Directs the General Accounting Office, after such program has been funded for two years, to prepare and submit to the Congress a study of the effects of the program in encouraging States and units of general local government to comply with requirements of the Act. Creates a new title VI of the Act, which may be cited as the Justice System Enhancement for Abused and Neglected Children Act. Directs the Administrator, subject to specified limitations, to: (1) issue such rules as are necessary or appropriate to carry out such title; (2) make such arrangements as necessary and appropriate to facilitate coordination and policy development among all civil and criminal justice system improvement activities funded through the Department of Justice, as well as with other Federal agencies (including the Inter-Agency Task Force on Child Abuse and Neglect), relating to abused and neglected children (including the preparation of an annual comprehensive plan for facilitating such coordination and policy development); and (3) provide adequate staff and agency resources necessary to properly carry out responsibilities pursuant to such title. Authorizes the Administrator to make grants to and enter into contracts with public agencies or privte nonprofit organizations (or combinations thereof) for research or demonstration and system improvement projects designed to: (1) identify effective approaches to the handling of child abuse and neglect cases in the criminal and civil justice systems so that such approaches can serve as models to other jurisdictions; (2) research issues concerning the legal system's reponse as a whole to child abuse and neglect; (3) improve the response of the criminal and civil justice systems to the special needs and sensitivities of children who have been abused or neglected; and (4) enhance coordination between the civil and criminal justice systems in child abuse and neglect cases (as well as coordination between these systems and the social services, mental health, health, and education systems that are also involved) and the availability of, and access to, child abuse and neglect prevention and treatment services for child victims, their family members, and the perpetrators. Directs the Assistant Attorney General, in considering grant applications, to give priority to applicants that demonstrate ability in: (1) conducting research and disseminating findings with respect to civil and criminal justice system cases involving child abuse, child neglect, or child maltreatment-related fatalities; (2) developing model approaches for responding to such cases; and (3) coordinating responses to such cases. Requires the Administrator, in considering grant and contract applications under such title, to endeavor to ensure that cases of child abuse and neglect in family settings, in the community, and within residential institutions are all given an adequate focus. Authorizes the Administrator to make grants and enter into contracts with public agencies or private nonprofit organizations (or combinations thereof) for training, technical assistance, and service programs designed to educate prosecutors and defense attorneys in the criminal justice system, judges in the civil and criminal justice systems, and practitioners in the civil justice system about the experiences of children who are abused or neglected and their families and improve skills and responses in handling child abuse and neglect cases. Sets forth priorities in considering applications for such grants. Directs the Administrator to establish annual priorities for making grants and contracts for research or demonstration and system improvement projects and criteria based on merit for making such grants and contracts, and to publish in the Federal Register for public comment a statement of such proposed priorities and criteria before establishing such priorities and criteria. Authorizes appropriations.
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 · 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 · 15 May 1992
Water Resources Development Act of 1992 - Title I: Project Authorization - Authorizes the Secretary of the Army (the Secretary) to carry out public works projects in the following locations for improvements to navigation, flood control, and ecosystem restoration: (1) Southeast Alaska Harbors of Refuge, Alaska; (2) Whiteman's Creek, Arkansas; (3) American River Watershed, California; (4) Morro Bay Harbor, California; (5) Sacramento Metro Area, California; (6) Rio Grande Alamosa, Colorado; (7) Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania; (8) Canaveral Harbor, Florida; (9) Kissimee River, Florida; (10) Port Everglades Harbor, Florida; (11) Savannah Harbor, Georgia and South Carolina; (12) Kentucky Lock Addition, Kentucky; (13) Amite River and Tributaries, Louisiana; (14) Saugus River and Tributaries, Massachusetts; (15) Las Vegas Wash and Tributaries, Nevada; (16) Morehead City Harbor, North Carolina; (17) West Onslow and New River Inlet, North Carolina; (18) Lackawanna River at Scranton, Pennsylvania; (19) Locks and Dams 2, 3, and 4 Monongahela River, Pennsylvania; (20) Rio Grande De Loiza, Puerto Rico; (21) Sargent Beach, Texas; and (22) Shoal Creek, Austin, Texas. Modifies projects at the following locations with respect to coastal storm protection, storm water collection, flood control beach erosion control and hurricane protection, navigation, and water quality improvement: (1) Virginia Beach, Virginia; (2) South Fork of the Zumbro River, Rochester, Minnesota; (3) Moorefield and Petersburg, West Virginia; (4) Buena Vista, Virginia; (5) Westhampton Beach, New York; (6) Jones inlet, New York; (7) Buffomville Lake, Massachusetts; (8) French River, Connecticut and Massachusetts; and (9) Clear Creek, Texas. Reauthorizes the project for flood control at: (1) Perry Creek, Sioux City, Iowa; and (2) Green Bay Levee District, Iowa. Title II: Project Related Provisions - Authorizes the Secretary to develop and implement a plan for modifying the channel bypass element of the Levisa Fork, Kentucky, project for water quality improvement in and restoration of Pikeville Lake, Kentucky. Authorizes appropriations. Bars the Secretary from proceeding with the divestiture of locks and dams five through 14 on the Kentucky River, Kentucky, until the Secretary has complied with the terms of a specified Memorandum of Understanding. Authorizes and directs the Secretary to: (1) develop a comprehensive five-year and 20-year sediment management strategy for the Toledo River (and authorizes the Secretary to conduct the engineering and construction activities necessary to implement the five-year strategy); and (2) establish the William B. Hoyt II Visitor Center at Mount Morris Dam, Mount Morris, New York. Authorizes appropriations. Directs the Secretary to proceed with the project for the Richmond, Virginia, Filtration Plant. Authorizes the Secretary to: (1) maintain navigation access to, and berthing areas at, all currently operating public and private commercial dock facilities associated with or having access to the Federal navigation project on the Columbia, Snake, and Clearwater Rivers from Bonneville Dam to and including Lewiston, Idaho, at a depth commensurate with the Federal navigation project; (2) complete the shore protection measures on Cliff Walk, Newport, Rhode Island; and (3) reconstruct the Allendale Dam in North Providence, Rhode Island. Amends the Water Resources Development Act of 1990 to make specified modifications with respect to the effective date of the local cooperation agreement with the City of Virginia Beach, Virginia and reimbursement for the Federal share of beach nourishment at the Virginia Beach periodic nourishment project. Authorizes and directs the Secretary to correct the design deficiency associated with the project for flood control at Ellenville, New York. Authorizes the Secretary to: (1) undertake an environmental restoration project along the banks of the White River in Indianapolis, Indiana; and (2) design and construct projects for combined sewer overflow (CSO) prevention for specified areas across the country. Sets forth provisions regarding project design and costs for the latter. Authorizes appropriations. Authorizes the Secretary to maintain the authorized Federal navigation channel at Port Orford, Oregon. Title III: General Provisions - Amends the Water Resources Development Act of: (1) 1986 to authorize appropriations for dam safety; and (2) 1974 to provide that up to half the non-Federal contribution for the cost-sharing program may be made by the provision of in-kind services, and to define "State" to include Indian tribes. Authorizes the Secretary to: (1) develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary's jurisdiction; (2) enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary's jurisdiction where such facilities and resources are being maintained at complete Federal expense; and (3) accept contributions of funds, materials, and services from such entities for purposes of this provision. Amends the Flood Control Act of 1968 to authorize the Secretary to charge fees (to be deposited into the special Treasury account for the Corps of Engineers) for the use of developed recreation sites and facilities, but not for the use or provision of drinking water, way side exhibits, general purpose roads, overlook sites, toilet facilities, or general visitor information. Amends the Land and Water Conservation Fund Act of 1965 to repeal a provision barring a Federal agency, at each lake or reservoir under the jurisdiction of the Corps of Engineers where camping is permitted, from charging a user fee for providing at least one primitive campground containing designated campsites, sanitary facilities, and vehicular access. Authorizes the Secretary to carry out projects for the protection, restoration, and creation of aquatic and ecologically-related habitats, including wetlands, in connection with dredging for construction, operation, or maintenance of an authorized navigation project. Specifies that such projects shall be undertaken, subject to appropriations and Federal cost-sharing limitations, in any case where the Secretary finds that: (1) the environmental, economic, and social benefits of the project justify the cost; and (2) such project will not result in any further environmental degradation. Specifies that any such project shall be initiated only after non-Federal interests have entered into a cooperative agreement, according to specified provisions of the Flood Control Act of 1970, under which such interests agree to: (1) provide 25 percent of the cost associated with the project, including provision of all lands, easements, rights-of-way, and necessary relocations; and (2) pay 100 percent of the cost of operation, maintenance, replacement, and rehabilitation costs associated with the project. Authorizes appropriations. Sets limits on the Federal share of the cost of each project. Amends the Water Resources Development Act of 1976 to revise provisions with respect to cost-sharing for disposal of dredged sand on beaches. Requires the Secretary to give consideration to the schedule of the State or political subdivision in providing its share of funds for the placing of such sand on the beaches of such State or subdivision and, to the maximum extent practicable, to accommodate such schedule. Makes the political subdivision responsible for providing payments required under such Act in lieu of the State. Specifies that amounts recovered under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for any response action taken by the Secretary in support of the Army Civil Works Program shall be credited to the principal appropriation from which the costs of such action has been paid or will be charged. Authorizes the Secretary, in accomplishing the maintenance, rehabilitation, and modernization of hydroelectric power generating facilities at water resources projects under the jurisdiction of the Department of the Army, to increase the efficiency of energy production or the capacity of these facilities if, after consulting with other appropriate Federal agencies, the Secretary determines that such uprating: (1) is economically justified and financially feasible; (2) will not result in significant adverse environmental impacts or effects on the purposes for which the project is authorized; and (3) will not involve major structural or operational changes in the project. Authorizes the Secretary, at a water resources project where the non-Federal interest is responsible for performing the operation, maintenance, replacement, and rehabilitation of the project and the Government is responsible for paying a portion of such costs, to: (1) provide a payment of the estimated total Federal share of such costs (based on a specified formula) to the non-Federal interest after completion of project construction; and (2) make a payment only if the non-Federal interest has entered into a binding agreement with the Secretary to perform the operation, maintenance, replacement, and rehabilitation of the project, subject to specified requirements. Authorizes the Secretary to accept contributions of cash, funds, materials, and services from nonprofit private and non-Federal public entities for environmental protection and restoration. Extends the jurisdiction of the Mississippi River Commission to include Terrebonne Parish, Louisiana. Authorizes the Secretary to remove a sunken barge from waters off the shore of the Narragansett Town Beach in Narragansett, Rhode Island, subject to specified requirements. Authorizes the Director of the U.S. Fish and Wildlife Service to provide financial assistance to: (1) pay the costs of construction and equipment for an Upper Mississippi River Environmental Education Center to be located in Winona, Minnesota; and (2) share the costs of planning, engineering design, construction, and equipment for the North American Wildlife and Prairie Wetlands Interpretive Center to be constructed near Medina, North Dakota. Sets forth additional requirements. Authorizes appropriations. Authorizes the use of flood emergency funds to repair and restore protective beaches damaged or destroyed by wind, wave, or water action other than of an ordinary nature when such repair and restoration is necessary to provide a level of protection equivalent to that provided prior to such damage or destruction and when requested by the Governor. Amends the Water Resources Development Act of 1986 to require that credits for project lands, easements, relocations, and rights-of-way include full value of foregone royalties on subsurface minerals, such as sand, where State royalty schedules have been established on the commercial mining of such resources. Limits design and construction costs assigned to projects under such Act for purposes of cost-sharing by non-Federal interests to the direct costs of such projects (and excludes any departmental overhead or general and administrative overhead costs). Makes this provision applicable to projects authorized in this or subsequent Acts and to cost-sharing agreements for projects not specifically authorized by the Congress entered into after the date of enactment of this Act. Directs the Secretary and the Assistant Administrator for Research and Development at the Environmental Protection Agency (EPA) to coordinate an annual review of the environmental research activities conducted at their respective research facilities. Extends the time of transfer of lands and management responsibilities with respect to specified portions of the Cross Florida Barge Canal project. Authorizes and directs the Secretary to investigate and carry out saltmarsh restoration projects along the coastline of the State of Connecticut, subject to specified cost-sharing requirements. Directs the Secretary, for purposes of formulating, evaluating, and displaying the benefits and costs of any water resources project that involves beach renourishment, or that involves inlet dredging or other navigation improvements that are likely to affect erosion patterns on beaches adjacent to such project, to address: (1) economic costs to the State of not placing beach-quality sand on eroded or eroding beaches; and (2) cost savings, if any, that may be achieved by restoring or renourishing eroded or eroding beaches during a dredging or other navigation project as compared to performing such restoration or renourishment at a later date as a separate project. Specifies that the Secretary shall consider the protection of coastal resources through placement of beach quality sand on beaches as being in the public interest whenever such sand would otherwise be disposed of offshore. Requires the Secretary to establish by regulation a process for development of long-range plans for financing and execution of projects for beach nourishment and inlet management within each affected State. Sets forth minimum requirements with respect to such process and the amendment or termination of such plans. Authorizes appropriations. Title IV: Infrastructure Technology, Research and Development - Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities with respect to water and related land resources and water transportation, and test, develop, or assist non-Federal entities in development of new technology; (2) engage in activities to inform the U.S. Maritime Industry and Port Authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States, both inland and deep draft; and (3) coordinate water resources-related research efforts with those national centers and institutes focused on the development of new technology and solutions to the problems associated with the nation's infrastructure. Directs the Secretary to: (1) establish a cooperative agreement with the National Center for Infrastructure Studies, Columbia University, New York City, and its consortium of universities, to accelerate the development of new technology in infrastructure; and (2) contract with the National Center for implementation of such a cooperative agreement. Specifies that: (1) such cooperation between the National Center, the Army Corps of Engineers, and its research facilities shall focus on the development of solutions to national water and waterway related infrastructure problems, including the disposal of dredged material; and (2) cooperative activities shall include an assessment of high-speed commercial water transportation, vessels, and infrastructure needs, and that in addition to general cargo carriers, high-speed water passenger transport at and in the vicinity of congested coastal urban areas shall be included. Authorizes appropriations. Authorizes the Secretary to conduct such studies as necessary to provide a report to the Congress on the state of the National Ports and Harbors system of the United States. Authorizes appropriations. Directs the Administrator of the EPA and the Secretary: (1) based upon a review of specified decontamination technologies, to jointly select removal, pre- and post-treatment and decontamination technologies for contaminated marine sediments for a decontamination project in the New York/New Jersey Harbor; and (2) upon selection, to jointly implement a four-year program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal, beneficial reuse, or both. Provides for continuous review and evaluation of selected technologies, the joint development of an outyear management program, and reevaluation and updating of the program each year in light of the findings of the Administrator and Secretary and the comments of an advisory panel (established pursuant to this Act). Requires the Administrator and the Secretary to jointly recommend three additional sites and select appropriate technologies for marine sediment decontamination projects to be implemented on the Gulf of Mexico, the Great Lakes, and the West Coasts during FY 1995 through 1997. Provides for the establishment of an advisory panel (comprised of academic and agency scientists) for each decontamination project to advise the Administrator and the Secretary on technology review, technology selection, and decontamination program implementation. Sets forth reporting requirements. Authorizes appropriations. Title V: Environmental Infrastructure Facilities for Economically Distressed Areas - Environmental Infrastructure Assistance Act - Directs the Secretary to establish an Office of Community Environmental Infrastructure Assistance (the Office) within the Directorate of Civil Works of the Office of the Chief of Engineers, Department of the Army, to: (1) manage projects pursuant to this title; and (2) provide information and guidance to communities in economically distressed areas with respect to financial analysis and planning, assessment of feasibility of eligible projects under this title, and such economic and organizational issues as regionalization of environmental infrastructure facilities, reform of existing rate structures, and operation of special management districts (and, in cooperation with the Administrator, provide information and guidance to communities on issues related to construction, operation, maintenance, and rehabilitation of environmental infrastructure facilities). Directs the Secretary to: (1) establish an environmental infrastructure assistance program administered through the Office; (2) use funds under this title for the construction of wastewater treatment works, public water systems, and solid waste management facilities; and (3) use funds under this title for an eligible project only if the project is publicly owned. Specifies that funds provided for the implementation of this title shall be available only for environmental infrastructure projects located in an economically distressed area serving a population of less than 25,000. Authorizes the Governor of any State to submit to the Secretary a State priority project plan, which shall include a list of: (1) economically distressed areas in the State, other than a Federal Indian reservation, including such information qualifying such areas as the Secretary deems necessary and appropriate; (2) specific projects eligible for financial assistance and information concerning the nature, benefits, costs, and expected long-term operations of the projects; and (3) eligible projects ranked in priority order for the fiscal year with respect to which assistance is sought. Requires: (1) the Administrator to submit to the Secretary a priority project plan for eligible projects on Federal Indian reservations; and (2) the Secretary to establish by regulation such additional requirements for a State priority project plan as appropriate. Directs the Secretary to develop and submit to the Congress a national economically distressed area environmental infrastructure assistance plan, which shall include: (1) for any plan that is not an initial plan, a description of the efforts of the Secretary to implement the provisions of this title in the preceding year; (2) a list of all State environmental infrastructure priority projects; (3) such list, ranked in an order which, in the judgment of the Secretary, gives highest priority to projects with the greatest public health and environmental benefits, serving communities facing the greatest financial hardships associated with the project, and ranked highest by the Governor; and (4) a status report of any projects in progress or under construction. Bars the Secretary from listing such a project if, in the judgment of the Secretary, the project does not meet the eligibility requirements of this title. Requires the Secretary, subject to the availability of funds, to enter into local cooperation agreements with appropriate local governments for the planning, design, and construction of such environmental infrastructure projects. Sets forth requirements with respect to such agreements, project priorities, project management, and consistency with planning requirements. Directs the Administrator to publish guidelines for the design of wastewater treatment works, public water systems, and solid waste disposal facilities which: (1) describe the basic design standards to be applied in the planning of environmental infrastructure facilities; (2) identify appropriate engineering specifications for construction of environmental infrastructure facilities based on an expected operational life of 20 years; (3) establish such minimum standards of planning, engineering, design, and construction as are considered appropriate by the Administrator; and (4) assure that any facility constructed will comply with all applicable Federal and State environmental laws. Requires the Administrator to periodically review and revise the guidelines. Authorizes appropriations. Title VI: Contaminated Sediment and Ocean Dumping - National Contaminated Sediment Assessment and Management Act - Establishes a National Contaminated Sediment Task Force. Directs the Administrator to conduct: (1) a comprehensive national survey of data regarding aquatic sediment quality in the United States, including compilation of all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment; and (2) a comprehensive and continuing program to assess aquatic sediment quality. Sets forth reporting requirements. Amends the Marine Protection, Research, and Sanctuaries Act (MPRSA) to: (1) include a declaration by the Congress that it is the goal of the United States to eliminate the dumping of dredged materials containing contaminants in excess of marine water or sediment standards under the Federal Water Pollution Control Act (FWPCA) into ocean waters; and (2) specify that no permit or dumping authorization shall be issued for a dumping of material that, in the case of a dump site located in the territorial sea, will violate water quality standards or contains contaminants in quantities in excess of sediment quality standards adopted pursuant to the FWPCA, or, in the case of any other dump site, will violate water quality criteria or contains contaminants in quantities in excess of sediment quality criteria published pursuant to the FWPCA. (Current law states that no permit shall be issued for a dumping of material which will violate applicable water quality standards.) Specifies that: (1) in any case in which the Administrator disagrees with the Secretary's determination as to compliance with the criteria or restrictions (currently, criteria) established pursuant to the MPRSA relating to the effects of the dumping or specified restrictions relating to critical areas and site management plans (currently, critical areas), the determination of the Administrator shall prevail; and (2) if the Secretary finds that, in the disposition of dredged material, there is no economically feasible method or site available other than a dumping site the utilization of which would result in noncompliance with such criteria or restrictions (currently, criteria), he shall so certify and request a special permit from the Administrator (currently, a waiver of the specific requirements involved). Requires the Administrator: (1) within 90 (currently, 30) days of the receipt of the special permit (currently, waiver) request, to grant such permit (currently, waiver), subject to specified conditions; and (2) in reviewing a request for such a permit, to provide for public notice and comment. Authorizes States to adopt only such criteria, standards, rules, or regulations (to be transmitted to the Administrator and Secretary, who shall assure compliance) relating to the dumping of materials into ocean waters within the jurisdiction of the State which are more stringent and protective of such waters and sediment than those adopted under the MPRSA. (Under current law, no State shall adopt or enforce any rule or regulation relating to such activity, but may propose to the Administrator criteria related to ocean dumping, which the Administrator may adopt if not inconsistent with such Act, subject to specified requirements.) Directs the Administrator: (1) to designate sites or time periods for dumping that will mitigate the adverse impact on the environment to the greatest extent practicable (current law authorizes the Secretary to designate recommended sites or times); and (2) in any case where the Administrator determines that, with respect to certain materials, it is necessary to prohibit dumping at a site or during a time period, to prohibit the dumping during such time period (under current law, when necessary to protect critical areas, sites or times within which certain materials may not be dumped). Specifies that this prohibition shall apply to any dumping at the site or during such time period. Requires the Administrator to develop and implement a site management plan for each site designated, including: (1) baseline assessment of environmental conditions at the site and in adjacent areas that may be affected by the dumping activity as if dumping had never occurred; (2) special management conditions or practices to be implemented at each site that are necessary for the protection of the environment; (3) a program of monitoring for each site; (4) the anticipated use and management of the site over the 20-year period following the date of preparation of the plan; (5) a schedule of review and revision of the plan; and (6) such other requirements and conditions as the Administrator considers necessary. Specifies that: (1) after January 1, 1993, no site shall receive a final designation unless a management plan has been developed pursuant to the MPRSA; and (2) beginning on January 1, 1995, no permit or authorization for dumping shall be issued for a site designated pursuant to such Act unless a site management plan has been adopted for such site. Directs the Administrator to: (1) develop a site management plan for any site designated prior to January 1, 1993, as expeditiously as practicable, giving consideration to development plans for designated sites that are considered to have the greatest impact on the environment; and (2) provide for public review and comment on site designation actions, and hold a public hearing on any proposed designation or management plan development, revision, or redesignation in the region in which the site that is the subject of the management plan is located. Requires that permits issued with respect to the dumping permit program for dredged material: (1) designate and include such requirements, limitations, or conditions as necessary to assure consistency with any site management plan approved pursuant to the MPRSA (currently, the length of time for which the permits are valid and their expiration date), and special provisions that the Administrator or the Secretary determines to be reasonable and necessary to control and prevent pollution of waters and sediment in the area of the dredging project from on-shore and related facilities subject to the control of the entity seeking a permit; and (2) be issued for a period of up to three years. Specifies that any person who: (1) knowingly violates any provision of, or regulation promulgated or permit issued under, this title shall be fined under the Federal criminal code, imprisoned for not more than five years, or both (currently, fined up to $50,000, imprisoned for up to one year, or both); and (2) is convicted of such a violation shall forfeit to the United States any property constituting or derived from any proceeds that the person obtained as a result of such violation, and any of the property of the person which was used, or intended to be used, to commit or facilitate the commission of the violation. Provides that any vessel used to commit an act for which such a penalty is imposed under the MPRSA shall be subject to seizure and forfeiture to the United States under procedures established for seizure and forfeiture of conveyances under the Controlled Substances Act, with exceptions. Authorizes appropriations. Title VII: Studies - Authorizes and directs the Secretary to review the report of the Chief of Engineers on the Ohio River and Tributaries and other pertinent reports to determine whether modifications of the recommendations contained therein are advisable at the present time, with particular reference to improvements for water and related land resource needs. Authorizes appropriations. Directs the Secretary to conduct a study of the economic benefits of Federal and significant non-Federal shore protection activities in the Mid-Atlantic region from New York to Virginia, assessing: (1) the public investment in such activities; (2) damage incurred by such shore protection activities by the coastal storms of October 1991 and January 1992; (3) the prevention of damage by such storms to coastal and upland resources as a result of such shore protection activities; and (4) the extent to which the prevention of damage to coastal and upland resources is considered in benefit-cost ratios for shore protection activities. Sets forth reporting requirements. Authorizes the Secretary to enter into a memorandum of understanding with the Secretary of Agriculture to study problems associated with flooding in Harrison County, Mississippi. Specifies that such Secretaries shall jointly conduct a reconnaissance study of such county and specified bodies of water and associated watersheds. Sets forth reporting requirements. Authorizes the Secretary to study the need for navigation improvements in Reynolds Channel and the connecting State Boat Channel between Captree Island and Oak Beach. Sets forth reporting requirements. Authorizes the Secretary to review the reports of the Chief of Engineers and other pertinent documents pertaining to Orchard Beach, Bronx, New York, and to make recommendations concerning storm damage prevention, recreation, environmental restoration, and other purposes. Authorizes appropriations. Authorizes the Secretary to study the need for erosion protection along the East River, New York, in the vicinity of Brooklyn, Queens, and Manhattan, with a view toward mitigating the deleterious effects of drift removal on protecting the adjacent shoreline from erosion. Authorizes appropriations. Authorizes the Secretary to conduct a reconnaissance and feasibility study of remediation of contaminated sediments in Lake Champlain and the Narrows of Lake Champlain. Specifies that: (1) such activities shall be coordinated with the State of Vermont and the Water Resources Research Center at the University of Vermont; and (2) funds previously expended by such State and the Water Resources Research Institute in investigating sediment contamination shall be considered toward any joint funding requirements. Authorizes the Secretary to conduct a reconnaissance and feasibility study of providing additional: (1) boat access points on Lake Champlain; and (2) flood protection for Montpelier, Vermont. Directs the Board of Engineers to conduct an evaluation of long-term coastal dredged material disposal needs along the Maine and New Hampshire coasts. Specifies that, beginning in 1995, any dredged material resulting from a project proposed as a result of this study shall be disposed of at a site permanently designated by the EPA pursuant to the MPRSA. Authorizes funds to conduct this study. Authorizes and directs the Secretary, in studying the feasibility of Federal improvements to the St. John's River Channel, to: (1) examine the commercial and military uses of the Channel in those areas traversed by both military and commercial vessels; and (2) coordinate their efforts with the Department of the Navy to utilize available studies and resources which project future military dredging needs in the Channel. Requests the Chief of Engineers to review his report on central and southern Florida and other pertinent reports, with a view to determining whether modifications to the existing project are advisable at the present time due to significantly changed physical, biological, demographic, or economic conditions.
United States · United States Congress · 13 May 1992
Vietnam Veterans Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of one-dollar silver coins to commemorate the heroic service of veterans who served during the Vietnam War and the 10th anniversary of the dedication of the Vietnam Veterans Memorial. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $7 per coin. Requires that all surcharges be paid to the Vietnam Veterans Assistance Fund for specified veteran programs and services.
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 · 12 May 1992
Medicare Beneficiary Protection Act of 1992 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to: (1) provide that an individual enrolled under such part shall not be liable for physicians' charges in excess of authorized amounts; (2) provide pre-payment screening of nonparticipating physician claims; (3) require nonparticipating physicians to refund excess charges; (4) refer for sanctions any physicians who fail to make refunds; (5) send information on limiting charges and limited liability for excess charges to individuals enrolled under Medicare part B; (6) report annually to the Congress on charges in excess of authorized amounts; (7) provide for payment to Medicare beneficiaries, out of civil monetary penalties, of amounts charged in excess of limiting charges; and (8) establish a Medicare Beneficiary Advisory Council.
United States · United States Congress · 7 May 1992
Economic Equity Act - Title I: Employment Opportunities - Subtitle A: Women in Apprenticeship Occupations and Nontraditional Occupations Act - Women in Apprenticeship Occupations and Nontraditional Occupations Act - Mandates: (1) a program to provide technical assistance to employers and labor unions to assist in preparing the workplace to employ women in apprenticeable occupations and other nontraditional occupations. Authorizes grants to community-based organizations to deliver the technical assistance; and (2) an outreach program to employers to inform employers of the availability of the technical assistance. Mandates a report to the appropriate congressional committees on the participation of women in apprenticeable and nontraditional occupations. Authorizes appropriations. Subtitle B: Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Subtitle C: Women and Minorities in Science and Mathematics - Women and Minorities in Science and Mathematics Act of 1992 - Amends the Higher Education Act of 1965 with regard to women and minorities who are underrepresented in science and mathematics to mandate grants and contracts for education programs. Modifies existing provisions regarding: (1) off-campus programs; (2) adult and continuing education staff development; (3) research and research application in adult and continuing education; (4) the "talent search" and "upward bound" programs; (5) midcareer teacher retraining; (6) school, college, and university partnerships; (7) professional development resource centers; (8) congressional teacher scholarships; (9) model and cooperative education; (10) graduate education program; (11) Harris fellowships; (12) graduate assistance in areas of national needs; (13) the Minority Science Improvement Program; and (14) science and engineering access programs. Subtitle D: Worker Retraining - Worker Retraining Act of 1992 - Mandates grants to not more than ten States to plan, establish, and operate retraining initiatives to allow low-income individuals to advance from low skill to higher skill positions. Authorizes appropriations. Title II: Women in Business - Subtitle A: Act for Microenterprise - Act for Microenterprise - Amends the Social Security Act to exclude business assets from consideration in determining: (1) eligibility for aid and services to needy families with children (AFDC); and (2) income and resources in connection with provisions relating to supplemental security income (SSI). Excludes income from a business with five or fewer employees, during the first year of the business, from consideration in determining the amount of aid under AFDC and SSI. Amends the Internal Revenue Code (IRC) to require approval of any State law making unemployment compensation payable to individuals starting microenterprises. Requires State law to entitle an individual performing services in a microenterprise to receive regular or extended unemployment compensation. Amends the Housing and Community Development Act of 1974 to allow assistance under certain provisions of the Act to be used for: (1) loans to commercial enterprises with five or fewer employees, one or more of whom own the enterprise; and (2) counseling, technical assistance, educational programs, planning, and training to facilitate such commercial enterprises. Amends the Small Business Act to set forth congressional findings regarding microenterprises and implementation of loan programs under specified provisions of the Small Business Act and the Small Business Investment Act of 1958. Amends the Home Owners' Loan Act to add references to microenterprise loans to provisions defining "qualified thrift investments." Requires each appropriate Federal banking agency to establish a division to be known as the Microenterprise Technical and Operations Office to offer technical assistance, training, outreach, and other support. Subtitle B: Microlend for the Future Act - Microlend for the Future Act - Authorizes the Administrator of the Small Business Administration to make loans and grants to community-based organizations for the startup and expansion of microenterprises, with the organizations using the loans to make loans and the grants to provide technical assistance to microenterprises. Authorizes appropriations. Subtitle C: Women's Business Procurement Assistance Act of 1992 - Women's Business Procurement Assistance Act of 1992 - Amends the Small Business Act to add references to small businesses owned and controlled by women to provisions concerning: (1) Government-wide goals for participation of small businesses in procurement; (2) U.S. policy on small business participation in Federal procurement and on timely payment by prime contractors to small business subcontractors; and (3) a clause required to be included in Federal agency contracts. Requires that each Federal agency having procurement powers: (1) designate a specialist responsible for programs to assist small businesses owned and controlled by women; and (2) engage in affirmative efforts to identify and solicit offers from such businesses and from small businesses owned and controlled by socially and economically disadvantaged individuals. Establishes in the Small Business Administration the Office of Women's Business Ownership. Subtitle D: Equal Surety Bond Opportunity Act - Equal Surety Bond Opportunity Act of 1992 - Prohibits the Secretary of the Treasury from approving a company as a surety unless it complies with the requirements of Federal law, as amended by this subtitle. Requires a surety company to notify a bond applicant of the reasons for an adverse action on the application. Prohibits discrimination against applicants: (1) on the basis of race, color, religion, national origin, sex, marital status, disability, or age; (2) because the applicant exercised any right under Federal law relating to sureties and surety bonds; or (3) because the applicant previously obtained a bond through specified means. Provides for civil penalties. Subtitle E: Small Business Access to Surety Bonding Survey Act of 1992 - Small Business Access to Surety Bonding Survey Act of 1992 - Requires the Comptroller General to conduct a survey and report to specified congressional committees on the experiences of businesses, especially small businesses, in obtaining surety bonds from corporate surety firms. Title III: Economic Justice - Subtitle A: Pay Equity Technical Assistance Act - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to carry out a continuing program regarding reducing or eliminating, conducting research on, and providing technical assistance concerning wage disparities based on sex, race, or national origin. Subtitle B: Legislative Pay Equity Study - Declares that it is congressional policy that persons employed in the legislative branch shall receive equal pay for comparable work. Establishes the Commission on Employment Discrimination in the Legislative Branch. Subtitle C: Federal Council on Women Act - Federal Council on Women Act - Establishes in the legislative branch the Federal Council on Women to make recommendations on a wide range of issues and concerns relating to women. Subtitle D: Assured Minimum Child Support Projects - Child Support Assurance Act of 1992 - Directs the Secretary of Health and Human Services to make grants to not more than six States to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or to have "good cause" in order to qualify for the program. Authorizes appropriations. Subtitle E: Social Services Block Grants - Social Services Block Grant Restoration Act of 1992 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such title. Title IV: Retirement Equity - Subtitle A: Military Retired Pay - Amends the National Defense Authorization Act for Fiscal Year 1991 to apply amendments relating to retired pay to any divorces, dissolutions of marriage, annulments, and legal separations (currently, to any such events that occur more than 90 days after enactment of this Act). Subtitle B: Social Security Equity - Social Security Equity Act of 1992 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to require, subject to certain requirements, that the combined earnings of an individual and his or her spouse, during their marriage, be divided equally for determining OASDI benefits. Title V: Equal Remedies Act of 1992 - Equal Remedies Act of 1992 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting certain compensatory damages.
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
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 · 5 May 1992
Infrastructure Growth and Employment Act of 1992 - Authorizes the Secretary of Commerce (the Secretary), acting through the Economic Development Administration, to make grants to any State or local government for construction, renovation, repair, or other improvement of local public works projects (including those State and local projects for which Federal funding is authorized under other laws). Sets the Federal share at 80 percent of project cost. Terminates the making of such grants after the earlier of: (1) any three-consecutive-month period during which the national unemployment rate remained below six percent; or (2) September 30, 1993. Allocates funds among the States on the basis of a formula involving relative numbers of unemployed persons, average unemployment rates, and severity of unemployment. Reserves specified portions of such funds for projects of Indian tribes and Alaskan Native villages, minimum State allotments, and development and administration of each project. Requires that at least ten percent of total grant funds be set aside and expended only for project grants to local governments with populations under 10,000. Requires that priority and preference be given to: (1) local government projects; (2) local-government-endorsed projects by States and special purpose units; (3) school district projects; (4) projects for industrial research or development parks which allocate space for new businesses; and (5) projects for applied research facilities which develop new products and processes (at higher education institutions). Requires expediting and giving priority to applications from States or local governments with unemployment rates for the past 12 months in excess of the national rates (and, after that, to those with average unemployment rates for that period in excess of six percent). Requires State and local prioritization of projects in their applications. Requires localization of unemployment rate determinations. Requires rules, regulations, and procedures which assure that adequate consideration is given to the relative needs of various sections of the country, based on various factors including amount of unemployment or underemployment in construction and construction-related industries. Prohibits use of funds for acquisition of land or for maintenance costs. Requires applicants to assure that, if funds are available, on-site labor work can begin within 90 days after project approval. Requires: (1) contracting out; (2) competitive bidding; (3) awards to the lowest responsive bid; (4) advertising specifications; (5) environmental law and regulation compliance; and (6) applicability of specified requirements involving Buy American provisions, minority participation, individuals with disabilities, and Davis-Bacon Act prevailing wage rates. Authorizes appropriations.
United States · United States Congress · 30 April 1992
Restores a portion of obligation authority provided for in the Intermodal Surface Transportation Efficiency Act of 1991 with regard to the construction of the Brooklyn Courthouse.
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 · 9 April 1992
Small Business Access to Surety Bonding Survey Act of 1992 - Requires the Comptroller General to conduct a survey and report to specified congressional committees on the experiences of businesses, especially small businesses, in obtaining surety bonds from corporate surety firms.
![Official portrait of Sen. Burdick, Quentin N. [D-ND]](https://www.congress.gov/img/member/b001077_200.jpg)