United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Control of Congressional Campaign Spending Subtitle A: Senate Election Campaign Spending Limits and Benefits Subtitle B: General Provisions Title II: Independent Expenditures Title III: Expenditures Subtitle A: Personal Loans; Credit Subtitle B: Provisions Relating to Soft Money of Political Parties Title IV: Contributions Title V: Reporting Requirements Title VI: Federal Election Commission Title VII: Miscellaneous Title VIII: Effective Dates; Authorizations Congressional Campaign Spending Limit and Election Reform Act of 1993 - Makes findings and declarations of the Senate. Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - (Sec. 101) Makes Senate candidates eligible to receive benefits under this title if they meet certain contribution (including multicandidate political committee (PAC) contribution) and expenditure limits. Limits Senate primary expenditures for a candidate (or his or her authorized committees) to: (1) 67 percent of the general election expenditure limit; or (2) $2.75 million. Limits runoff expenditures. Sets a threshold contribution amount which triggers application of such primary and runoff limits. Limits the use by a Senate candidate (or authorized committees), during an entire election cycle, of the candidate's personal (or family) funds (including debt). Limits aggregate general election expenditures by an eligible Senate candidate (or authorized committees) to the lesser of: (1) $5.5 million; or (2) the greater of $950,000, or $400,000 plus 30 cents times the voting age population up to 4,000,000 and 25 cents times the voting age population over 4,000,000. Exempts from the general election expenditure limit qualified legal and accounting expenditures from a legal and accounting compliance fund meeting certain requirements. Entitles eligible Senate candidates to certain broadcast media rates, mailing rates, public financing payments, voter communication vouchers (up to a certain amount), and in certain circumstances, payments compensating for independent expenditures and excess expenditures (if any) on behalf of the candidate's opponent. Requires the Federal Election Commission (Commission) to certify an eligible Senate candidate within 48 hours after his or her application to the Secretary of the Senate. Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of ten percent of all Senate candidates, and the campaign accounts of all opponents of such candidates as well. Requires candidates to refund to the Commission any excess payments, expenditures, or voter communication vouchers. Sets civil penalties for excess expenditures and contributions. Requires deposit of all such amounts into the Senate Election Campaign Fund (established by this Act). Provides for judicial review of Commission actions and requires Commission reports to the Senate. Establishes in the Treasury the Senate Election Campaign Fund, for payments to eligible Senate candidates (including voter communication vouchers). Provides for reductions in payments in the event of insufficient funds, and compensatory increases in contribution limits. (Sec. 102) Reduces from $5,000 to $1,000 the maximum aggregate contributions of any PAC to a Senate candidate (or authorized committees). Makes it unlawful for aggregate PACs to contribute to any Senate candidate (or authorized committees) more than the lesser of: (1) $825,000; or (2) the greater of $375,000, or 20 percent of the sum of the general election spending limit plus the primary election spending limit (without regard to the candidate's eligibility for FECA benefits). Requires annual adjustments of such dollar amounts according to a specified price index. (Sec. 103) Sets forth reporting requirements for Senate candidates not eligible for FECA benefits. Requires reports to the Secretary within 24 hours of any contributions raised and expenditures made in excess of FECA limits. Allows the Commission to make its own determination of whether an ineligible candidate exceeds FECA limits. Requires any candidate for the Senate who, during the election cycle, exceeds limits on the use of personal and immediate family funds, and on personal loans incurred by the candidate and the candidate's immediate family, to report to the Secretary of the Senate within 24 hours after such expenditures have been made or loans incurred. Requires certain expenditure reports from any Senate candidate who held Federal, State, or local office during the same election cycle, and made any expenditures, before becoming a Senate candidate, which would have been treated as Senate candidate expenditures. Requires Senate candidates ineligible for FECA benefits to place on every paid or authorized political commercial or communication the declaration: "This candidate has not agreed to voluntary campaign spending limits." Subtitle B: General Provisions - (Sec. 131) Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Allows Senate candidates to purchase broadcast time at 50 percent of the lowest unit rate for the 45 days before a general election. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. (Sec. 132) Amends Federal law to permit eligible House and Senate candidates to mail up to one piece per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only. (Sec. 134) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; and (3) a clearly spoken message by the candidate for both television and radio advertisements. (Sec. 136) Amends Federal law to prohibit a Senator who is a candidate for election to any public office from making a mass mailing under the frank during the calendar year of any primary or general election for such office. Restricts mass mailings of a Member of the House to the Member's district. Title II: Independent Expenditures - (Sec. 201) Amends FECA to define "independent expenditure" as an expenditure for an advertisement or other communication that: (1) contains express advocacy; and (2) is made without the participation or cooperation of a candidate or a candidate's representative. Excludes from the meaning of "independent expenditure" any expenditure by: (1) a political committee of a political party; (2) persons who communicate or receive information about activities that have a purpose of influencing a candidate's election; and (3) persons with other specified relationships with a candidate or candidate's agents in the same election cycle. Defines "express advocacy" as any communication that when taken as a whole: (1) expresses support for or opposition to a specific candidate, a specific group of candidates, or candidates of a particular political party; or (2) suggests taking action with respect to an election, such as voting for or against, contributing to, or participating in campaign activity. Title III: Expenditures - Subtitle A: Personal Loans; Credit - (Sec. 301) Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate himself or herself or by members of the candidate's family. (Sec. 302) Treats as a contribution any extension of credit of more than $1,000 for more than 60 days to Senate and House candidates (or authorized committees) by vendors of advertising and mass mailing services. Subtitle B: Provisions Relating to Soft Money of Political Parties - (Sec. 311) Amends FECA to limit to an aggregate $10,000 in any calendar year: (1) an individual's contributions to political committees established by a State committee of a political party; and (2) a PAC's contributions to State party committees. Increases the $25,000 per year limit on an individual's contributions to a candidate by the amount of contributions (up to $5,000) made to State party committees. (Sec. 312) Prohibits a State party committee (including any subordinate committees) from making expenditures in connection with the general election presidential campaign of the party nominee which, in the aggregate, exceed a certain indexed amount. Subjects to certain limitations, prohibitions and reporting requirements any amount ("soft money") solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities, among others) which, in whole or in part, is in connection with an election to Federal office. Prohibits a national political party committee from soliciting or accepting contributions not subject to FECA limitations, prohibitions, and reporting requirements. Cites conditions under which any amount received by the national, State, district, or local committee of a political party (including any subordinate committee) from a State or local candidate committee shall be treated as meeting the soft money requirements of this title. (Sec. 313) Places limitations on fundraising by Federal candidates and officeholders and certain political committees for State and local elections. Prohibits Federal candidates or officeholders from soliciting contributions to, or on behalf of, any tax-exempt organization if a significant portion of the organization's activities include voter registration or get-out-the-vote campaigns. (Sec. 314) Requires the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and disbursements during the reporting period, regardless of whether or not in connection with a Federal election. Title IV: Contributions - (Sec. 401) Specifies circumstances in which contributions made or arranged to be made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit shall be treated as contributions from such intermediary or conduit to the candidate (thus subjecting them to the FECA limitations otherwise applicable to that intermediary or conduit). (Sec. 402) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 403) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds the relevant contribution limitation. (Sec. 404) Excludes from the meaning of "contribution" any campaign expense voluntarily paid for by a campaign worker as an advance to the campaign, provided the amount does not exceed $500 and is reimbursed by the committee within ten days. Title V: Reporting Requirements - (Sec. 501) Requires all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (instead of a calendar year basis, as at present). (Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services. (Sec. 503) Reduces from $200 to $50 the threshold for reporting certain information by persons other than political committees. (Sec. 504) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200). Title VI: Federal Election Commission - (Sec. 601) Prohibits a political committee that is not an authorized committee from using a candidate's name in a way to suggest that the candidate has authorized such committee. (Sec. 603) Provides for filling any vacancy in the office of general counsel, and revises the general counsel's rate of pay. (Sec. 604) Revises the basis for an enforcement proceeding from "reason to believe that a person has committed or is about to commit a violation of FECA" to "facts have been alleged or ascertained that, if true, give reason to believe that a person may have committed, or may be about to commit" such a violation. Authorizes the Commission to initiate a civil action for a temporary restraining order or a temporary injunction at any time during an enforcement proceeding that it believes there is substantial likelihood a FECA violation is occurring or about to occur, and the need for expeditious action meets certain criteria. (Sec. 606) Authorizes the Commission to conduct random audits of political committees. (Sec. 607) Prohibits contribution solicitation by false representation as a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 608) Directs the Commission to promulgate rules to prohibit devices or arrangements which have the purpose or effect of undermining or evading provisions of FECA restricting the use of non-Federal money to affect Federal elections. Title VII: Miscellaneous - (Sec. 701) Prohibits Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee. (Sec. 702) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified rate. Title VIII: Effective Dates; Authorizations - (Sec. 801) Sets forth the general effective date of this Act. (Sec. 802) Declares the sense of the Senate that: (1) the current presidential checkoff on Federal tax returns should be increased to $5.00 (with individuals permitted to contribute an additional $5.00 in additional taxes), and the designation changed to "Federal Election Campaign Checkoff"; (2) the Internal Revenue Service and the FEC should be required to develop a plan to publicize the fund and the checkoff; and (3) funds to pay for the increase in the checkoff should come from the repeal of the tax deduction for business lobbying activity and the elimination of newsletter franking by the Congress. (Sec. 804) Provides for direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.
United States · United States Congress · 21 January 1993
Amends the National Labor Relations Act to make it an unfair labor practice for an employer to promise, threaten, or take other action to hire a permanent replacement for an employee who: (1) at the beginning of a labor dispute was in a bargaining unit in which a labor organization either was the certified or recognized exclusive representative or was seeking to be so certified or recognized, on the basis of written authorizations by a majority of unit employees; and (2) in connection with that dispute has engaged in concerted activities for collective bargaining or other mutual aid and protection through that labor organization. Makes it also an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee who is working for or has unconditionally offered to return to work for the employer, out of preference for any other individual based on that individual's performing, having performed, or having indicated a willingness to perform bargaining unit work for the employer during the dispute. Amends the Railway Labor Act to prohibit any carrier or its officer or agent from discriminating against an employee in a craft or class in any of the above ways prohibited to employers under the National Labor Relations Act.
United States · United States Congress · 21 January 1993
Executive Organization Reform Act of 1993 - Establishes an independent National Commission on Executive Organization Reform to examine and make recommendations to the President and the Congress with respect to: (1) criteria for evaluating proposals to change the structure of the executive branch; (2) the organization and structure of the executive branch and its entities; (3) the organization and delivery of Government services; and (4) promoting economy, improving performance, and ensuring adequate capacity of executive entities to meet and manage their public missions. Sets forth procedures for consideration of Commission recommendations by the President and the Congress and their implementation by the Director of the Office of Management and Budget. Authorizes appropriations.
United States · United States Congress · 21 January 1993
Government Performance and Results Act of 1993 - Requires executive agency heads to submit to the Director of the Office of Management and Budget (OMB) a strategic plan for performance goals of their agency's program activities. Requires such plan to cover at least a five-year period and to be updated at least every three years. Requires the inclusion of performance plans in the President's budget. Directs the Director to require each agency to prepare annual performance plans covering each program activity in the agency's budget. Requires executive agency heads to report annually to the President and the Congress on program performance for the previous fiscal year, setting forth performance indicators, actual program performance, and a comparison with plan goals for that fiscal year. Specifies the contents of such reports. Authorizes the Director to exempt any agency with annual outlays of $20 million or less from strategic and performance plan reporting requirements. Allows performance plans to include proposals to waive administrative procedural requirements and controls in return for specific individual or organization accountability to achieve a performance goal. Requires the Director of OMB to designate: (1) no fewer than ten agencies (representing a range of Government functions) as pilot projects in performance measurement; (2) no fewer than five agencies (selected from agencies in performance measurement pilot projects) as pilot projects in managerial accountability and flexibility; and (3) no fewer than five agencies (selected from agencies in performance measurement pilot projects) as pilot projects in performance budgeting. Sets forth provisions with respect to strategic and performance planning at the U.S. Postal Service. Directs the Office of Personnel Management to develop a strategic planning and performance measurement training component for its management training.
United States · United States Congress · 21 January 1993
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Elevation of the Environmental Protection Agency to Cabinet Level Title II: Environmental Role of the United States in International Organizations to Which it Belongs Title III: Establishment of the Commission on Improving Environmental Protection Title IV: Effective Date Department of the Environment Act of 1993- Title I: Elevation of the Environmental Protection Agency to Cabinet Level - Department of the Environment Act - Redesignates the Environmental Protection Agency (EPA) as the Department of the Environment. Encourages the Secretary of the Environment to: (1) assist the Secretary of State in participating in international environmental protection agreements and organizations; (2) conduct research on and develop responses to international environmental problems; and (3) provide assistance to foreign countries and international bodies to improve the environment. Establishes a Bureau of Environmental Statistics and an Advisory Council on Environmental Statistics. Authorizes appropriations. Authorizes grants to, and contracts with, State and local governments to assist in data collection. Directs the Secretary to enter into an agreement with the National Academy of Sciences for a report on the adequacy of the Department's data collection procedures and capabilities. Authorizes appropriations. Sets forth conflict-of-interest disclosure requirements for persons entering into arrangements for services with the Secretary. Requires public notice when the award of a contract may result in a conflict of interests. Title II: Environmental Role of the United States in International Organizations to Which It Belongs - Urges the Secretary of State to convene international conferences to encourage the exchange of information on energy efficiency and environmentally acceptable renewable energy sources. Requires the President to encourage the establishment of an international office to monitor annual generation of carbon dioxide and trace gases on a country-by-country basis. Title III: Establishment of the Commission on Improving Environmental Protection - Establishes the Commission on Improving Environmental Protection to make recommendations on the implementation of Federal environmental laws to protect human health and the environment. Authorizes appropriations. Title IV: Effective Date - Sets forth the effective date.
United States · United States Congress · 21 January 1993
Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy before fetal viability. Allows a State to: (1) restrict the freedom of a woman to chose to terminate a pregnancy after viability unless the termination is necessary to protect the life or health of the woman; and (2) impose requirements on abortions if the requirements are necessary to protect the life or health of the woman. Declares that nothing in this Act shall be construed to prevent a State from: (1) protecting individuals or private health care institutions from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy.
United States · United States Congress · 21 January 1993
Regulatory Review Sunshine Act of 1993 - Requires executive branch regulatory review entities to establish procedures to provide public access to specified information concerning each agency rulemaking activity under review. Requires a review entity to transmit to the rulemaking agency: (1) copies of any written as well as all oral communications between the entity and any person not employed by the Federal Government concerning the substance of a rulemaking activity of that agency; and (2) written explanation of any significant review action it has taken concerning such an activity. Requires a rulemaking agency: (1) upon request to identify a rulemaking activity, the date it was submitted for review, and any notice of any extensions of review; and (2) explain in its rulemaking notice any significant changes to such rule as a consequence of regulatory review. Requires a review entity, within 60 days after the receipt of a rulemaking activity, to conclude its review of it. Provides that if the President reviews for resolution an issue arising out of a regulatory review, the review time limits may be extended, although any such issue shall be resolved as promptly as practicable, and such review shall be subject to the public disclosure and agency notice requirements of this Act. Requires a review entity to notify the rulemaking agency of an extension beyond 60 days and provide public notice, and the rulemaking agency to promptly publish a notice in the Federal Register. Requires the Office of Management and Budget to prepare and make public monthly and annual accountings of regulatory review by all reviewing entities. Requires each rulemaking agency to publish in the Federal Register a list of all rulemaking activities undergoing regulatory review during the preceding month. Excludes from coverage under this Act oral communications with the President, Vice President, Administrator of the Environmental Protection Agency, OMB Director, and executive department heads.
United States · United States Congress · 21 January 1993
Great Lakes Sediment Control Act of 1993 - Amends the River and Harbor Act of 1970 to make it unlawful, after 1994, to dispose of dredge spoil in Great Lakes waters other than at a confined disposal facility unless the disposal is consistent with guidelines established under this Act. Directs the Administrator of the Environmental Protection Agency (EPA) to develop guidelines for the disposal of sediment material in the open waters of the Great Lakes. Prescribes civil penalties for violations concerning the disposal of dredge spoil in the Great Lakes. Prohibits the Secretary of the Army from establishing any confined spoil disposal facility in Great Lakes waters unless the facility is consistent with such guidelines. Requires the Administrator to evaluate the integrity of each confined disposal facility in the Great Lakes and assess the environmental consequences of such facilities. Directs the Secretary to submit a remediation plan for each facility that is affecting a surrounding area in a manner inconsistent with guidelines. Provides for termination of the use of facilities for which remediation plans are not undertaken by January 1, 1999. Requires persons who dispose of dredge spoil at confined spoil disposal facilities to obtain permits from the Secretary. Directs the Secretary to: (1) develop tributary sediment transport models for each major river system that flows into a Great Lakes federally authorized commercial harbor, channel maintenance project site, or area of concern; (2) develop an analytical method to project the effectiveness of sediment source reduction approaches and scenarios in reducing upstream sediment loadings; and (3) use such method to conduct sediment load reduction analyses for the models. Requires the Secretary to transfer funds to the EPA for making grants to States for projects to reduce erosion that contributes to the sedimentation of federally authorized commercial harbors, channel maintenance project sites, and areas of concern. Authorizes appropriations.
United States · United States Congress · 21 January 1993
General Aviation Accident Liability Standards Act of 1993 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents, including the principle of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 21 January 1993
National Voter Registration Act of 1993 - Requires States to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; or (3) application in person at designated Federal, State, or nongovernmental office locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office, or in which voters may register at the polling place at the time of a general election for Federal office. Amends Federal postal rate law to require the Postal Service to make certain lower postal rates available to State or local election officials who certify that a mailing is in furtherance of this Act. Directs the Federal Election Commission to develop a mail voter registration application form for Federal elections. Provides a private right of action for an individual aggrieved by a violation of this Act. Imposes criminal penalties for specified violations of this Act.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Safe Streets for Women Subtitle A: Federal Penalties for Sex Crimes Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women Subtitle C: Safety for Women in Public Transit and Public Parks Subtitle D: National Commission on Violence Against Women Subtitle E: New Evidentiary Rules Subtitle F: Assistance to Victims of Sexual Assault Title II: Safe Homes for Women Subtitle A: Family Violence Prevention and Services Act Amendments Subtitle B: Interstate Enforcement Subtitle C: Arrest in Spousal Abuse Cases Subtitle D: Funding for Shelters Subtitle E: Family Violence Prevention and Services Act Amendments Subtitle F: Youth Education and Domestic Violence Subtitle G: Confidentiality for Abused Persons Subtitle H: Technical Amendments Subtitle I: Data and Research Title III: Civil Rights Title IV: Safe Campuses for Women Title V: Equal Justice for Women in the Courts Act Subtitle A: Education and Training for Judges and Court Personnel in State Courts Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts Violence Against Women Act of 1993 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1993 - Subtitle A: Federal Penalties for Sex Crimes - Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. Sentencing Commission to amend sentencing guidelines to increase the base offense level applicable to criminal sexual abuse. (Sec. 113) Requires that a court order restitution for violations of Federal sexual abuse laws. (Sec. 114) Authorizes appropriations to U.S. Attorneys to appoint victim/witness counselors for the prosecution of sex crimes and domestic violence crimes. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Subtitle C: Safety for Women in Public Transit and Public Parks - Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. (Sec. 132) Amends: (1) the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System; and (2) the Land and Water Conservation Fund Act of 1965 to direct such Secretary to provide grants for capital improvements and other measures to increase safety in urban parks and recreation areas. Subtitle D: National Commission on Violence Against Women - Establishes the National Commission on Violence Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, in criminal cases other than sex offense cases, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 152) Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 154) Makes evidence of an alleged victim's clothing, in a criminal case under Federal laws relating to sexual abuse, inadmissible to show that the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. (Sec. 162) Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault. (Sec. 163) Amends the Runaway and Homeless Youth Act to direct the Secretary of Health and Human Services (HHS) to make grants to private, nonprofit agencies for street-based outreach and education for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse. (Sec. 164) Amends the Federal Rules of Criminal Procedure to provide for a victim's right to make a statement at the sentencing of a criminal defendant in cases involving a crime of violence or sexual abuse. Title II: Safe Homes for Women - Safe Homes for Women Act of 1993 - Subtitle A: Family Violence Prevention and Services Act Amendments - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of HHS to award grants to one or more private, nonprofit entities to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Subtitle B: Interstate Enforcement - Amends the Federal criminal code to provide for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who: (1) in the course of or as a result of travelling across State lines injures his or her spouse or intimate partner (partner); (2) crosses State lines for the purpose of harassing, intimidating, or injuring a partner and who injures such partner; (3) causes a partner to cross State lines by force, coercion, duress, or fraud and who injures such partner; or (4) commits such acts in violation of a valid protection order issued by a State. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Subtitle C: Arrest in Spousal Abuse Cases - Amends the FVPSA to authorize the Secretary of HHS to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; (3) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and (4) educate judges to improve judicial handling of cases. Subtitle D: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act. Subtitle E: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require that: (1) applications for State demonstration grants include a plan to address the needs of underserved populations; and (2) upon completion of activities funded, the State grantee file a performance report explaining the activities carried out together with an assessment of the effectiveness of such activities. Subtitle F: Youth Education and Domestic Violence - Amends the FVPSA to direct the Secretary of Education to select, implement, and evaluate four model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary, middle, and secondary schools, and institutions of higher education. Subtitle G: Confidentiality for Abused Persons - Requires the U.S. Postal Service to promulgate regulations to secure the confidentiality of abused persons' addresses. Subtitle H: Technical Amendments - Amends the FVPSA to: (1) include among the duties of State domestic violence coalitions to work with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State; and (2) make technical amendments to such Act. Subtitle I: Data and Research - Requires: (1) the Director of the National Institute of Justice (NIJ) to request the National Academy of Sciences to enter into a contract to develop a research agenda to increase the understanding and control of violence against women; (2) the NIJ to study and report to the States and the Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State; and (3) the Secretary of HHS to conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. Title III: Civil Rights - Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by the victim's gender. Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of such right, liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. (Sec. 303) Allows the awarding of attorney's fees in actions to enforce this title. (Sec. 304) Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint, and respect a rape victim's privacy, by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Title IV: Safe Campuses for Women - Amends the Higher Education Amendments of 1992 to authorize appropriations for grants for campus sexual offenses education and prevention programs. Title V: Equal Justice for Women in the Courts Act of 1993 - Equal Justice for Women in the Courts Act of 1993 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Encourages the circuit judicial councils to conduct studies of any instances of gender bias in legal proceedings in their respective circuits. Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts. (Sec. 522) Directs the Judicial Conference to allocate funds (as specified) to Federal circuit courts that: (1) undertake studies under this subtitle in their circuits; or (2) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: General Requirements for Leave Title II: Leave for Civil Service Employees Title III: Commission on Leave Title IV: Miscellaneous Provisions Title V: Coverage of Congressional Employees Family and Medical Leave Act of 1993 - Title I: General Requirements for Leave - Establishes requirements for unpaid family and medical leave for permanent employees. (Sec. 101) Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) (Sec. 102) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave under this title to: (1) be taken on a reduced leave schedule, upon agreement with the employer; and (2) consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Does not require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Provides that such unpaid leave shall not affect an employee's exempt status for purpose of certain wage and hour requirements under the Fair Standards Act of 1938. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. (Sec. 103) Sets forth conditions of certification for leave entitlements under this Act. (Sec. 104) Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees, under specified conditions (the highest paid ten percent of the employer's employees within a 75-mile radius of a facility; the denial must be necessary to prevent substantial and grievous economic injury to the employer's operations). Requires maintenance of employee health benefits during such leave. (Sec. 105) Prohibits interference with or discrimination against employees exercising rights under this title. (Sec. 106) Sets forth the investigative authority of the Secretary of Labor under this title. (Sec. 107) Provides for enforcement of this Act. Provides for administrative and civil actions. Makes an employer who violates this title's prohibitions against interference or discrimination liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost; (2) (where such compensation has not been denied or lost) any actual monetary losses, such as the cost of providing care; (3) interest on such losses; and (4) liquidated damages under certain conditions. Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Sets forth provisions for attorney's fees, limitation of actions, injunctions, other equitable relief, and the Solicitor of Labor's role in such litigation. (Sec. 108) Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools. (Sec. 109) Sets forth requirements for posting notice and for fines. Title II: Leave for Civil Service Employees - (Sec. 201) Entitles eligible civil service employees to family and temporary medical leave for specified periods. Allows up to 12 administrative workweeks of leave without pay (or substituted paid leave) in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent); or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Sets forth: (1) requirements for employees to give prior notice; (2) certification provisions; (3) protections for job position and health insurance benefits; and (4) prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - (Sec. 301) Establishes the Commission on Leave. (Sec. 302) Requires the Commission to conduct a comprehensive study of: (1) existing and proposed leave policies; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. (Sec. 306) Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - (Sec. 401 and Sec. 402) Sets forth the effect of this Act on other laws and existing employment benefits. (Sec. 403) Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. (Sec. 404) Directs the Secretary of Labor to prescribe regulations to carry out this title (except those provisions applicable to the Senate) within 60 days. Title V: Coverage of Congressional Employees - (Sec. 501) Applies the rights and protections established under specified provisions of title I of this Act to Senate employees. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act. (Sec. 502) Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Makes the remedies and procedures under the Fair Employment Practices Resolution applicable in administering such coverage.
United States · United States Congress · 5 January 1993
Reduces the compensation and other emoluments attached to the office of Secretary of the Treasury to those in effect January 1, 1989. Provides for expedited disposition of any civil action brought before the U.S. District Court for the District of Columbia or any appeal thereof to the Supreme Court to contest the constitutionality of the Secretary's appointment or continuance in office.
United States · United States Congress · 5 October 1992
Persian Gulf War Veterans' Health Status Act - Directs the Secretary of Veterans Affairs to establish and maintain a special record to be known as the Persian Gulf War Veterans Health Registry containing health status information with respect to individuals who served as members of the armed forces in the Persian Gulf theater of operations during the Persian Gulf War. Requires claims for compensation due to ill health to be included within such Registry. Requires the Registry's information to be collected and maintained so as to enable easy cross-reference with a Registry for the Department of Defense established under this Act. Directs the Secretary to notify individuals in the Registry from time to time on significant developments in research on the health consequences of such military service during such War. Directs the Secretary to provide a health examination, consultation, and counseling to any veterans eligible for listing or inclusion in the Registry. Authorizes the Secretary to provide such examination, consultation, and counseling to any veteran eligible for listing or inclusion in any other similar health-related registry administered by the Secretary. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary of Defense to establish a special record for members of the armed forces who served in Operation Desert Storm during the Persian Gulf War or who were exposed to the fumes of burning oil there. Requires such Secretary to establish such record with the advice of an independent scientific organization. Requires the Director of the Office of Technology Assessment to undertake a study making certain assessments with respect to the Registry and its utility and effectiveness in serving the needs of members serving in the Persian Gulf War. Directs each Secretary to provide the Director with access to required information in carying out such study. Requires reports to the Congress by the Director. Directs each Secretary to jointly seek to enter into an agreement with the Medical Follow-Up Agency (MFUA) of the National Academy of Sciences to review existing medical, scientific, and other information on the health consequences of military service in the Persian Gulf theater during such War. Permits MFUA, in conducting the review, to examine and evaluate the medical records of individuals included in the Registry and special record in order to identify illnesses. Requires such agreement to be entered into within 180 days after enactment of this Act. Requires the Academy to report to each Secretary and specified congressional committees on the results of the review carried out under the joint agreement. Requires each Secretary to provide amounts from their respective Department's FY 1993 funding to carry out the review. Provides that, if an agreement is reached with the Academy, each Secretary shall provide the Academy with funds in each of FY 1994 through 2003 for conducting epidemiological research with respect to military and veteran populations. Directs the President to designate (with authorized redesignation from time to time) the head of an appropriate Federal department or agency to coordinate all research activities undertaken by the executive branch on the health consequences of military service in the Persian Gulf theater of operations during such War. Requires the department or agency head so chosen to report annually to the Senate and House Veterans' Affairs Committees on the status and results of all such research activities during the previous year.
United States · United States Congress · 5 October 1992
Federal Resource Efficient Building Materials Act of 1992 - Requires the Administrator of General Services to establish a three-year pilot program to demonstrate the acquisition and use of resource efficient building materials in Federal facilities and buildings. Directs the Administrator, in selecting resource efficient building materials, to use the criteria of: (1) maximizing the conservation and preservation of natural resources; and (2) ensuring that the materials are similar in quality and durability to comparable, more conventional materials, are cost competitive with comparable, more conventional materials on a life cycle cost basis, and meet appropriate environmental, public health, and safety standards. Sets forth reporting requirements. Establishes the Resource Efficient Building Material Advisory Board to: (1) advise the Administrator on the latest developments in resource efficient building materials and design and on how such developments may be incorporated into the construction of Federal buildings; and (2) make recommendations to the Administrator on actions needed to further facilitate the acquisition and use of resource efficient materials in Federal construction and to minimize the generation of solid waste in the construction of Federal buildings and facilities. Directs the Administrator to promulgate regulations containing guidelines to Federal agencies on minimizing the creation of solid waste and on maximizing the use of resource efficient building materials in the construction of Federal buildings, after considering the Board's recommendations. Authorizes appropriations.
United States · United States Congress · 2 October 1992
Agricultural Credit Amendments Act of 1992 - Title I: Farmers Home Administration Loans - Amends the Consolidated Farm and Rural Development Act to state that the interest rate for loans sold into the secondary market may be lower than the interest rate on the retained portion, but may not exceed the average interest rate charged by the lender on loans made to farm and ranch borrowers. Provides for Federal-State coordination of assistance for beginning farmers and ranchers. Directs the Secretary of Agriculture (Secretary) to establish an Advisory Committee on Beginning Farmers and Ranchers. Authorizes the Secretary to make grants for rural passenger transportation services or facilities. Directs the Secretary to establish within the farm ownership loan program a ten-year down payment loan program for beginning farmers and ranchers. Sets forth loan terms. Limits the availability of certain agricultural loans and guarantees to beginning farmers and ranchers during specified applicable periods. Directs the Secretary to establish a program of assistance (ten-year maximum) for beginning farmers and ranchers. Requires an applicant to submit a farm operations plan (plan) to the appropriate county committee, which must be approved by the committee and by the Secretary. Provides assistance in the form of operation and equipment loan guarantees. Gives applicants priority for equipment purchases in the Farmers Home Administration (FmHA) inventory. Terminates assistance for avoidable failure to achieve plan goals. Directs the Secretary to: (1) establish a program to encourage borrowers with operating loans or guarantees to graduate to private commercial credit sources; and (2) provide for the graduation of FmHA direct loan borrowers to FmHA guaranteed loans. Authorizes the leasing or leasing-with-purchase-option of certain FmHA inventory land not otherwise suitable for sale. Sets forth provisions regarding the transfer of Indian lands pledged as FmHA loan collateral, including properties containing a hazardous substance. Sets forth debt service margin requirements, including establishment of a certified lenders program. Defines "qualified beginning farmer or rancher" for assistance purpose. Sets aside specified percentages of operating and ownership loan assistance for beginning farmers or ranchers. Permits a borrower to appeal a loan appraisal determination. Title II: Farm Credit System - Amends the Farm Credit Act of 1971 to repeal the prohibition against guarantees of debt instruments whose income is tax exempt. Authorizes the Farm Credit Administration to approve competitive charters of Farm Credit System institutions under specified circumstances. Title III: Miscellaneous - Amends the Agricultural Credit Act of 1987 to increase the Federal assistance ceiling for State agricultural loan mediation programs. Title IV: Recreational Hunting Safety - Recreational Hunting Safety and Preservation Act of 1991 - Makes it unlawful to intentionally obstruct a lawful hunt (as defined by this Act) within a national forest. Establishes: (1) civil penalties for such violations; (2) procedures for individual and government agent complaints; and (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.
United States · United States Congress · 30 September 1992
Great Lakes Federal Effectiveness Act - Establishes a Great Lakes Research Council to: (1) advise and promote the coordination of Federal research activities and ensure greater effectiveness in achieving ecosystem protection of the Great Lakes through the Great Lakes Water Quality Agreement; (2) prepare and provide to the Congress and other interested parties a document which includes an assessment of research activities needed to fulfill the goals of the Agreement and of existing Federal expertise in such activities and recommendations for research priorities; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise and cooperate in the establishment of a multi-media data base for such ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner. Authorizes appropriations.
United States · United States Congress · 25 September 1992
Medicare and Medicaid Amendments Act of 1992 - Title I: Amendments to Medicare Program - Subtitle A: Provisions Relating to Part A - Amends the Omnibus Budget Reconciliation Act (OBRA) of 1989 to provide that all hospitals classified as regional referral centers on September 30, 1992 shall retain such status through September 30, 1994. Provides that hospitals which fail to qualify as regional referral centers for FY 1993 as a result of a decision by the Medicare Geographic Classification Review Board shall be provided by the Secretary of Health and Human Services (HHS) with an opportunity to decline the reclassification. Prohibits the Secretary from revising standardized amounts to account for hospitals which decline the reclassification. Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise Medicare-dependent, small rural hospital payment provisions. Sets forth provisions analogous to those above with respect to Medicare-dependent, small rural hospitals and: (1) reclassification declination; and (2) standardized amount adjustment. Amends the OBRA of 1987 to authorize appropriations for the rural health transition grant program. Amends Medicare to authorize appropriations for the Essential Access Community Hospital program. Modifies the length of stay requirement for State designation of rural primary care hospitals. Amends the OBRA of 1989 to extend additional payments for hemophilia clotting factor furnished through September 30, 1994. Amends the OBRA of 1990 to require the Secretary to continue any rural hospital demonstration project at least through December 31, 1995. Amends Medicare to provide that: (1) a change in classification of hospitals from one area to another may not result in a reduction in the wage index for an urban area if the area has a wage index below the rural wage index for the State, or if the urban area is located in a State without any rural areas; (2) for discharges occurring on or after the effective date of this paragraph and before October 1, 1993, the Secretary shall adjust the urban standardized amount by a factor of 0.999321; and (3) if a hospital was previously reclassified based on standards for Metropolitan Statistical Areas (MSAs) (and New England County Metropolitan Areas) published in the Federal Register on January 3, 1980, and the hospital is located in a rural county under the most recently available standards for designating MSAs, the Secretary shall treat the hospital as being located in the urban metropolitan statistical area to which the greatest number of workers in the country commute. Allows the care of hospital inpatients receiving qualified psychologist services to be supervised by a clinical psychologist to the extent such supervision is permitted under State law. Requires the Secretary to: (1) delay until April 1, 1993, recoupment of any amounts paid to hospitals under a State hospital reimbursement control system that exceed amounts that would have otherwise been paid under Medicare payment rules; and (2) make available to the State and the hospitals in it all relevant information used in determining the amount of such excess payments before undertaking a recoupment. Directs the Secretary to begin collecting data on employee compensation and paid hours of employment in skilled nursing facilities (SNFs) to compute a wage index to adjust Medicare SNFs payments. Requires the Prospective Payment Assessment Commission to study and report to the Congress on the impact of applying routine cost limits for skilled nursing facilities on a regional basis. Subtitle B: Provisions Relating to Part B - Amends Medicare part B (Supplementary Medical Insurance) to reinstate separate payment for electrocardiogram (EKG) interpretations performed or ordered to be performed as part of or in conjunction with a visit to or consultation with a physician. Repeals provisions providing reduced Medicare payments to new physicians and other practitioners during their first four years of practice. Prohibits the Secretary from modifying the methodology for determining the amount of time that may be billed for anesthesia services until January 1, 1997. Requires the Comptroller General to conduct a study and report to the Physician Payment Review Commission and specified congressional committees on time reported for anesthesia services. Provides that the initial review and revision of the geographic cost of practice index (GCPI) shall apply to services furnished on or after January 1, 1994 and shall be based on the most recent data on practice and malpractice expenses and physicians' work effort. Authorizes the Secretary to adjust GCPI to account for unique local circumstances. Requires the Secretary to study and report to specified congressional committees on the data necessary to review and revise geographical indices. Requires the Physician Payment Review Commission to study and report to specified congressional committees on the feasibility and desirability of providing for a special adjustment to the index value of the medical equipment and supplies input component of the index used with respect to services: (1) furnished by a physician who practices in an isolated area; (2) requiring the presence of expensive medical equipment and supplies in the physician's office; and (3) with respect to which the cost per service of operating the equipment is increased because of such physician's low volume of patients. Prohibits nonparticipating physicians and suppliers from billing or collecting an actual charge in excess of the Medicare limiting charge. Provides that no person is liable for payment of any amount billed in excess of the limiting charge. Requires that excess charges be refunded on a timely basis. Authorizes sanctions against physicians and suppliers who knowingly and willfully bill in excess of the limiting charge or fail to refund excess charges as required by this Act. Requires carriers to: (1) notify physicians and suppliers within 30 days if they have billed in excess of the limiting charge; and (2) include limiting charge information in the mailing explaining an individual's Medicare benefits after the submission of an unassigned claim on the individual's behalf which exceeds the limiting charge. Specifies the nonphysician practitioners that may only bill for services on an assignment-related basis. Provides that no person is liable for amounts billed in violation of such mandatory assignment rule. Requires the Secretary to report to the Congress on the extent to which actual charges exceed Medicare limiting charges, the number and types of services involved, and the average amount of excess charges. Directs the Secretary to appoint a Medicare Beneficiary Advisory Council to discuss proposed regulations, carrier manual instructions, and any other issues with an impact on delivery, cost, quality, or expansion of Medicare services. Requires the Secretary to provide for national standards which suppliers of medical equipment and supplies must meet in order to receive payment for items furnished. Prohibits payment unless a supplier also possesses a valid supplier number. Requires the Secretary to revise such standards to include specified requirements. Requires suppliers to meet such revised standards in order to receive a supplier number. Requires the Secretary to develop one or more standardized certificates of medical necessity for: (1) durable medical equipment (DME); (2) prosthetic devices; (3) orthotics and prosthetics; and (4) surgical dressings, and certain other devices. Modifies the OBRA of 1990 prohibition against the distribution of certificates of medical necessity by DME suppliers to extend its application, with certain exceptions, to suppliers of the other items directly listed above. Requires the Secretary to: (1) develop and establish uniform national coverage and utilization review criteria for 200 items of medical equipment and supplies selected in accordance with standards specified by this Act; (2) publish the criteria as part of the instructions provided to fiscal intermediaries and carriers; (3) review annually the coverage and utilization of such items to determine whether items not included among those selected should be subjected to such criteria (and, if appropriate, develop and apply such criteria to such additional items); and (4) report to specified congressional committees on the effect of uniform criteria on utilization of items. Prohibits the Secretary from issuing more than one supplier number to any supplier of medical equipment and supplies unless such issuance is appropriate to identify subsidiary or regional entities under the supplier's ownership or control. Amends SSA title XI to modify anti-kickback provisions. Amends Medicare to specify the circumstances under which Medicare beneficiaries are not financially liable for covered items furnished by suppliers on an unassigned basis. Removes aspirators and nebulizers from the category of DME items requiring frequent and substantial servicing, and includes supplies relating to aspirators and nebulizers in the category of inexpensive and other routinely purchased equipment. Adds payment rules for ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies. Provides for a freeze in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1993. Directs the Comptroller General to study and report to specified congressional committees on: (1) the types, volume, and utilization of services and supplies furnished to Medicare-eligible nursing facility residents; and (2) changes made to descriptions relating to the codes for certain medical equipment and supplies. Modifies the definition of "certified nurse-midwife" by eliminating language that limits reimbursable services to those related to the care of mothers and babies during the maternity cycle. Revises payments provisions for services furnished by a certified registered nurse anesthetist who is medically directed. Amends the OBRA of 1986 to extend Alzheimer's disease demonstration projects for an additional year. Extends eligibility for designation as eye or eye and ear hospitals to hospitals that otherwise meet current law criteria but on October 1, 1987, operated as an eye or eye and ear specialty hospital or as a separate eye or eye and ear unit of a general acute care hospital which operates less than 20 percent of the beds that it operated on such date and has discontinued a substantial portion of its other acute care operations. Extends the OBRA of 1990's cap on payments for intraocular lenses through 1994. Expends the settings in which nurse practitioners, clinical nurse specialists, and physicians' assistants may bill Medicare part B for services performed. Provides for Medicare coverage of: (1) off-label cancer drugs that have been approved by the Food and Drug Administration, appeared in specified medical journals, or are included in one of three specified major medical compendia; and (2) oral cancer drugs that contain the same active ingredients as anticancer drugs covered by Medicare when administered intravenously. Subtitle C: Provisions Relating to Parts A and B - Permits Medicare Select policies to be offered in all States. Revises current law requirements applicable to Medicare Supplemental policies. Provides that a Medicare Select policy may be canceled or not renewed in the case of an individual who leaves the service area of the policy, except that if the individual moves to an area for which the issuer of the Medicare Select policy (or an affiliate) offers a Medicare Supplemental (Medigap) policy, the individual must be permitted to enroll in such policy if the benefits are comparable to or less than the benefits in the canceled or non-renewed policy. Authorizes sanctions against issuers of Medicare Supplemental policies who make misrepresentations or provide false information regarding such policies to the Secretary. Reduces Medicare payments for erythropoietin provided during 1993. Adds renal dialysis facilities to the list of institutions required under Medicare and Medicaid (SSA title XIX) to furnish patients with advanced directive information. Extends the periods during which Medicare: (1) is secondary to other payors for end stage renal disease beneficiaries; and (2) covers immunosuppressive drug therapy following a transplant procedure. Modifies general exceptions to prohibited physician referrals. Requires the Secretary to provide for an approved full-time equivalent (FTE) resident amount as the Secretary determines to be appropriate in the case of hospitals that in FY 1984 operated a primary care residency training program as their only approved residency program and had a base year per FTE resident amount of less than $10,000. Requires home health agencies and skilled nursing facilities to notify Medicare beneficiaries of the hospice benefit under Medicare, under certain conditions. Modifies hospital conditions of participation with respect to discharge planning to include an evaluation of a patient's need for hospice services. Amends the OBRA of 1987 to require the Secretary to extend the waivers for social health maintenance organization (SHMO) demonstration projects for an additional three years. Amends the Deficit Reduction Act of 1984 to expand SHMO demonstrations. Requires, for FY 1993, interest payments on clean claims if payment is not made within 30 days of the claim's receipt. Title II: Amendments to Medicaid Program - Subtitle A: Technical Corrections - Amends Medicaid to make technical corrections and, in certain instances, such as in item 1 of the list below, technical changes as well, to Medicaid provisions included in the OBRA of 1990 regarding: (1) reimbursement for prescribed drugs; (2) enrollment under group health plans; (3) low-income Medicare beneficiaries; (4) child health; (5) outreach locations; (6) payment for hospital services for children under age six; (7) payment adjustments for disproportionate share hospitals; (8) federally-qualified health centers; (9) substitute physicians; (10) home and community care for frail elderly; (11) community supported living arrangements; (12) COBRA continuation coverage; (13) Medicaid transition provisions for family assistance; (14) personal care services; (15) the Medicaid spend-down option; (16) optional State disability determinations; (17) special rules for health maintenance organizations (HMOs); (18) frail elderly waivers; (19) a certain demonstration project for low-income families; (20) coverage of HIV-positive individuals; (21) advanced directives; (22) physician services; and (23) nursing home reform. Makes other technical corrections to various Medicaid and Medicare provisions added or redesignated by the OBRA of 1990. Subtitle B: Other Amendments to Medicaid Provisions - Amends Medicaid to create an exception to the IMD (institution for mental diseases) exclusion for Medicaid-eligible individuals (of any age) who participate in a qualified comprehensive substance abuse treatment program under SSA title IV (thus allowing States to provide medical services to such individuals). Requires the Secretary to waive the requirements that all Medicaid services be provided on a statewide basis and in comparable amount, duration, and scope to all Medicaid beneficiaries where the Secretary determines that a waiver of such requirements is necessary and appropriate to enable a State to establish such a program. Gives State Medicaid programs the option of covering alcoholism and drug dependency residential treatment services for Medicaid-eligible pregnant women, caretaker parents, and their children. Requires States to operate a vaccine replacement system (VRS) under which childhood vaccines are purchased at the Centers for Disease Control price, or a lower price, if available, and provided free of charge to Medicaid providers unless the State already operates a universal vaccine distribution system or demonstrates to the Secretary's satisfaction that a VRS would not be appropriate or cost-effective. Gives States the option of reimbursing vaccine manufacturers directly when the manufacturer distributes childhood vaccines to Medicaid providers free-of-charge under a contract with the State. Requires the Secretary to establish a demonstration program to enable States to establish innovative immunization outreach demonstration programs. Extends the duration of the waivers used by States to establish primary care case-management systems (PCCMSs). Prohibits the Secretary from granting such a waiver to restrict an individual's freedom of choice of provider with respect to a comprehensive risk-based managed care plan unless the individual has a choice of at least two such plans in an area. Modifies the enrollment composition rule (ECR) which permits the Secretary to waive or modify the requirement that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of any prepaid medical provider to: (1) allow a State to contract with a private (currently only a public) entity; (2) change the circumstances under which the Secretary may waive or modify such requirement; (3) require the Secretary to review annually the financial stability of any private entity that is granted a waiver or modification and revoke it if such entity is not financially stable; and (4) set limits on the duration of such waivers. Provides that if an individual enrolled in a Federally qualified HMO or PCCMS becomes ineligible for Medicaid benefits as a result of excess income or resources, such individual shall, at the option of the State, continue to be eligible for such benefits through the end of the month in which such benefits would have otherwise terminated. Provides that the enhanced match for expenditures related to external reviews of the quality of care furnished by entities with Medicaid managed care contracts shall be made available for external quality reviews performed by any organization approved by the Secretary which is unaffiliated with the State or with any entity with a Medicaid managed care contract. Authorizes the Secretary to approve waivers to authorize a State to approve managed care plans to be operated by political subdivisions of the State. Specifies conditions for approval. Authorizes the Secretary to extend retroactively the waiver of ECR granted to the District of Columbia Chartered Health Plan, Inc., if the Secretary determines that such entity continues to make progress toward achieving compliance with ECR. Provides that habilitation services shall be available for an individual participating in a home- and community-based services waiver program regardless of whether the individual was previously institutionalized. Permits public and nonprofit case management entities to pay providers directly, under certain conditions. Requires such entities to have a contract with the State under which they are required to maintain claims records and provide information to the Secretary or State agency about such claims. Allows States to restrict an individual's freedom of choice of case managers under home- and community-based waiver programs, under certain conditions. Provides that States are no longer required to bill third parties for case management services where the State demonstrates to the Secretary's satisfaction that it is not cost-effective to do so. Changes the inflation factor used in determining State expenditures for medical assistance with respect to home- and community-based services provided under certain waivers. Gives States the option of extending Medicaid coverage to certain children who have been placed in foster care. Directs the Secretary to provide for the establishment of demonstration projects to provide outreach services to individuals who are likely to be eligible for Medicaid payment of their Medicare out-of-pocket expenses. Amends the OBRAs of 1989 and 1990 to provide for the extension of certain demonstration projects extending Medicaid coverage to pregnant women, children, and certain low-income families not otherwise eligible for Medicaid. Requires the Secretary to provide that additional OBRA of 1990 demonstration projects extending Medicaid coverage to certain low-income families are conducted on a substate basis. Makes technical revisions in provisions for determining periods of ineligibility for Medicaid payment of nursing home expenses. Changes the methodology for determining the amount Medicaid pays for prescription drugs. Allows certified nurse midwives to be reimbursed for providing non-maternity related services, to the extent such practitioners are legally authorized under State law to provide such services. Requires HHS' Departmental Appeals Board to adjust the amount of a disallowance based on the nature of the State's violation. Amends SSA title XI to increase the annual cap on Federal Medicaid matching funds for Puerto Rico starting in FY 1994. Amends Medicaid to provide that beginning in FY 1993 any funds for community supported living arrangements services remaining available at the end of a fiscal year shall be available to be expended in the following fiscal year. Makes any Native Hawaiian Health Center a Federally Qualified Health Center under Medicaid. Title III: Miscellaneous Amendments - Amends SSA title V (Maternal and Child Health Services) to increase the authorization of appropriations for FY 1993. Provides for a set-aside for evaluations of SSA title V programs.
United States · United States Congress · 17 September 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 9 September 1992
Denies nondiscriminatory treatment (most-favored-nation treatment) of the products of Serbia or Montenegro unless the President certifies to the Congress that such nation: (1) has made significant progress toward complying with the Final Act of the Conference on Security and Cooperation in Europe (also known as the "Helsinki Final Act"), particularly with regard to human rights and humanitarian affairs as well as respect for minority rights in Kosovo and Vojvodina; (2) has ceased its armed conflict with other ethnic peoples of the region formerly comprising the Socialist Federal Republic of Yugoslavia; (3) has ceased support of Serbian forces inside Bosnia-Hercegovina; and (4) has agreed to respect the borders of the six former Yugoslavian republics.
United States · United States Congress · 12 August 1992
World War II 50th Anniversary Commemorative Coins Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins for the anniversaries of: (1) World War II; (2) the Battle of Normandy; and (3) "D-Day." Directs the Secretary of the Treasury to: (1) issue and mint such coins in five-dollar gold, one-dollar silver, and half-dollar clad denominations; and (2) determine the role that the American Battle Monuments Commission and the Battle of Normandy Foundation shall have in coin promotion and marketing. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial and to the Battle of Normandy Foundation to dedicate, on the 50th anniversary of D-Day and Battle of Normandy Memorial in Normandy, France. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 12 August 1992
Requires the Secretary of Commerce to notify specified congressional committees of changes in the methodology used to develop any numbers used in a formula for distributing funds to States or political subdivisions if that change causes an increase or decrease of $5 million in the funds allocated to any State. Prohibits a number affected by such change from being published or designated as an official number or being used by any Federal agency to distribute funds until 60 days after such notification.
United States · United States Congress · 12 August 1992
Prohibits the Department of Commerce or the Census Bureau from using appropriated funds to adjust any current data on population development to reflect estimates of persons deemed to be undercounted or overcounted in the decennial census.
United States · United States Congress · 5 August 1992
Independent Counsel Reauthorization Act of 1992 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Directs: (1) the Administrative Office of the United States Courts to provide administrative support and guidance to each independent counsel; and (2) the General Services Administration to provide office space within a Federal building for each independent counsel. Requires an independent counsel to: (1) conduct all activities with due regard for expense, authorize only reasonable expenditures, and (promptly upon taking office) assign to a specific employee the duty to ensure expenditures are made in accordance with such principles; and (2) comply with the established policies of the Department of Justice regarding expenditures of funds to conduct investigations and prosecutions, except where such compliance would violate the purposes of the Act. Authorizes the Attorney General to conduct a preliminary investigation upon the receipt of information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law.
United States · United States Congress · 28 July 1992
Comprehensive Services for Youth Act of 1992 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires each such partnership to include: (1) a local health care provider with experience in delivering services to adolescents; (2) one or more local public schools; and (3) at least one community-based organization with a history of providing services to at-risk youth in the particular community. Requires broad-based community participation, through an expanded partnership or an advisory board, involving parents and youth to be served, teachers and other public shool and school board personnel, community-based organizations (particularly those serving minority youth), youth development and service organizations and interested business leaders. Requires targeting of the partnership's location and service to a community in which youth are exposed to a high risk environment. Describes high risk environment as having high rates of: (1) children in poverty or lacking access to health care; (2) dropouts and students retained in grade; (3) alcohol or drug abuse; (4) sexually transmitted diseases (including HIV); (5) teen pregnancy; (6) suicide; (7) community or gang violence; (8) youth unemployment; or (9) juvenile justice involvement. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination among core services. Allows use of grant funds for coordination or co-location of core services with additional services identified in the comprehensive plan to enhance support available through the partnership service delivery network. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the populations served. Sets forth application and plan requirements. Requires equitable geographic distribution of grants to both urban and rural communities. Sets minimum and maximum grant amounts. Sets forth provisions for Federal share, non-Federal share, and waivers of the latter. Requires grantees to use ten percent of such assistance to provide staff training (including teachers and school personnel) and to secure necessary technical assistance (through local community-based entities, to the maximum extent feasible). Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Sets forth application requirements. Requires use of such planning grants for: (1) assessments of needs and barriers to services; (2) for delivery planning and coordination of services; and (3) development of program goals and progress measurements. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include representatives from the local health department, local educational agency, health and social services providers and community-based organizations with a history of serving at-risk youth (including minority youth, dropouts, adolescent parents, and runaway or homeless youth), youth development organizations, juvenile justice personnel, and parents and the at-risk youth to be served. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or corsortia. Requires States, to be eligible for such grants, to: (1) provide assurances of cooperative agreements among State education, health, and social services agencies concerning planned delivery of such comprehensive youth services; (2) demonstrate financial and organizational commitments; (3) currently support coordinated delivery of such services through a system of school-based, school-linked, or community-based comprehensive youth services centers; (4) document that services are prioritized among communities that have a high-risk environment for youth, as indicated by specified factors; and (5) meet certain application requirements. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of specified core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination and co-location of delivery of existing core services into a broader system of health and social services centers accessible to in-school or out-of-school youth to use available resources more effectively before adding new resources or developing new services. Requires provision of outreach services to out-of-school youth (including adolescent parents and runaway and homeless youth), and coordination of core services with alternative education and job training and placement opportunities for such youth. Allows use of grant funds for: (1) coordination and co-location of core services with additional services to enhance the support available to at-risk youth and their families through the service delivery network; and (2) expansion of coordination and delivery of core services to the feeder elementary schools whose students will attend secondary schools currently providing core services. Sets forth grant application, plan formulation and content requirements. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the youth served. Provides for an integration incentive. Authorizes the Secretary, in making a grant under this title, to make bonus amounts available as integration incentives. Specifies formulas for such bonuses. Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to consortia or States. Sets forth application requirements. Requires the use of such funds to: (1) establish an administrative mechanism to develop and implement a citywide, countywide, or statewide system of school-based, school-linked, or community-based comprehensive youth services centers; (2) assess needs and barriers to services; (3) develop program goals and progress measurements; and (4) develop a strategic plan for coordination and delivery of comprehensive services to youth at school-based, school-linked, or community-based locations. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to consult with the Secretary of Education in developing program regulations to implement this Act. Directs the Secretary to disseminate information on programs under this Act and on successful and model programs and to provide technical assistance. Requires such information and assistance to be provided directly through the Health Resources and Services Administration as the administering agency and other Department of HHS agencies with appropriate expertise, or through grants and contracts with nonprofit organizations. Requires the Secretary to collaborate with the Departments of Education and Labor and the Commission on National and Community Service, in such information and technical assistance efforts. Sets forth annual reporting requirements for entities receiving funds under this Act, including analyses of progress at the end of the third year. Sets forth maintenance-of-effort requirements. Authorizes appropriations for titles I and II and for special projects of national significance under title IV. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Bases grant awards on: (1) need to provide such services to such subpopulations; (2) need to assess effectiveness of a prevention or service model or collaboration strategy; and (3) potential replicability of proposed activities in other localities. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify (and make recommendations to modify or eliminate) program regulations or practices that impede coordination and collaboration; (2) develop recommendations for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational, health, and social services for in-school and out-of-school youth. Directs the Secretary to submit to the Congress: (1) biannual reports, with summaries of annual grantee reports and progress assessments; and (2) a final evaluation report within four and a half years. Directs the Secretary to use the amount made available under specified provisions of the Public Health Service Act to conduct such evaluation.
United States · United States Congress · 28 July 1992
Misleading Mailings Prevention Act of 1992 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings. Requires annual reports to the Congress with respect to prohibition violations and associated penalties.
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 · 22 July 1992
President John F. Kennedy Assassination Records Collection Act of 1992 - Directs the National Archives and Records Administration to establish a collection of records to be known as the President John F. Kennedy Assassination Records Collection (the Collection). States that the Collection shall consist of copies of all Government records relating to the assassination of President Kennedy, which shall be transmitted to the National Archives (NA). Specifies Collection contents, which include: (1) all assassination records that have been transmitted to NA or disclosed to the public in an unredacted form before the enactment of this Act, that are required to be transmitted to NA, or the disclosure of which is postponed under this Act; and (2) all Review Board records as required by this Act. Requires all assassination records transmitted to NA for public disclosure to be included in the Collection and made available for public inspection and copying. Requires the Collection to be preserved, protected, archived, and made available to the public at NA using appropriations authorized, specified, and restricted for use under this Act. Requires NA to ensure the security of postponed assassination records in the Collection. Continues with respect to the Collection the oversight jurisdiction of the House Committee on Government Operations and the Senate Committee on Governmental Affairs. Requires each Government office to identify and organize its assassination records and prepare them for transmission to the Archivist for inclusion in the Collection. Prohibits assassination records: (1) from being destroyed, altered, or mutilated in any way; and (2) that were made available previously to the public or created outside government from being withheld, redacted, postponed for public disclosure, or reclassified. Provides that, during the review by Government offices and pending review activity by the Review Board (Board) established below, each Government office shall retain custody of its assassination records for purposes of preservation, security, and efficiency, unless: (1) the Board requires the physical transfer of records for review purposes; (2) transfer is necessary for a Board function; or (3) it is a third agency record. Provides that within 300 days after the enactment of this Act, each Government office shall review, identify, and organize each assassination record in its custody or possession for disclosure to the public, review by the Board, and transmission to the Archivist. Requires any Government office, in carrying out such activities, to: (1) determine which of its records are assassination records; (2) determine which of its assassination records have been disclosed or publicly available in a complete and unredacted form; (3) determine which of its assassination records, or particular information contained in such a record, was created by a third agency or by another Government office, and transmit to a third agency or other government office those records, or complete and accurate copies thereof; (4) determine whether its assassination records or particular information in assassination records are covered by the standards for postponement of public disclosure under this Act; (5) organize and make available to the Board all identified assassination records the public disclosure of which in whole or in part may be postponed under this Act; (6) organize and make available to the Board any record concerning which the office has any uncertainty as to whether the record is an assassination record governed by this Act; (7) give priority to the identification, review, and transmission, under the standards for postponement set forth in this Act, of assassination records that on the enactment of this Act are the subject of litigation under the Freedom of Information Act; and (8) make available to the Board any additional information and records that the Board has reason to believe it requires for a review under this Act. Requires the Director of each archival depository to: (1) have as a priority the expedited review for public disclosure of assassination records in its possession and custody; and (2) make such records available to the Board as required by this Act. Requires the Archivist to: (1) prepare and make available to all Government offices a standard form of identification or finding aid for use with each assassination record subject to review under this Act; and (2) ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system of electronic records by Government offices that are compatible with each other. Provides that assassination records which are in NA's possession on the enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Board, and shall not be required to have such an identification aid unless required by the Archivist. Requires each Government office to: (1) transmit to the Archivist, and make available to the public not later than 300 days after the enactment of this Act, all assassination records that can be publicly disclosed without any redaction, adjustment, or withholding under the standards of this Act; and (2) transmit to the Archivist upon the Board's approval for postponement all assassination records the public disclosure of which has been postponed under this Act's standards, to become part of the Collection. Requires that assassination records the public disclosure of which has been postponed, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established. Requires that all postponed or redacted records be reviewed periodically by the originating agency and the Archivist consistent with Board recommendations. Requires a periodic review to address the public disclosure of additional assassination records in the Collection under the standards of this Act. Requires that all postponed assassination records determined to require continued postponement require an unclassified written description of the reason for continued postponement. Requires that each assassination record be publicly disclosed in full, and be available in the Collection no later than the date that is 25 years after the date of enactment of this Act, unless the President certifies that: (1) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, or conduct of foreign relations; and (2) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. Provides that disclosure of assassination records or particular information in assassination records to the public may be postponed subject to the limitations of this Act if the threat to the military defense, intelligence operations, or conduct of U.S. foreign relations posed by the public disclosure of the assassination record is of such gravity that it outweighs the public interest, and such disclosure would reveal certain information. Permits postponement, also, if the public disclosure of the assassination record: (1) would reveal the name or identity of a living person who provided confidential information to the United States and pose a substantial risk of harm to that person; (2) could reasonably be expected to constitute an unwarranted and substantial invasion of personal privacy; (3) would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest; or (4) would reveal a security or protective procedure currently utilized, or reasonably expected to be utilized, by the Secret Service or another Government agency responsible for protecting Government officials, and public disclosure would be so harmful that it outweighs the public interest. Establishes, as an independent agency, the Assassinations Records Review Board to consider and render decisions on a determination by a Government office to seek to postpone the disclosure of assassination records. Provides that, in carrying out such function, the Board shall consider and render decisions on whether: (1) a record constitutes an assassination record; and (2) an assassination record or particular information in a record qualifies for postponement of disclosure under this Act. Enumerates specific Board powers. Describes the circumstances under which the Board shall terminate and provides that upon termination and winding up, the Board shall transfer all of its records to the Archivist for inclusion in the Collection. Provides that, pending the outcome of the Board's review activity, a Government office shall retain custody of its assassination records for purposes of preservation, security, and efficiency, unless the Board requires the physical transfer of records for review purposes or such transfer is necessary for an official Board function. Requires the Board to publish a schedule for review of all assassination records in the Federal Register within 90 days of its appointment and begin its review of assassination records within 180 days after the enactment of this Act. Directs the Board to require that all assassination records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that a Government record is not an assassination record, or the record or particular information within the record qualifies for postponement of public disclosure under this Act. Requires the Board to report to the Archivist with respect to each assassination record or particular information in such records the public disclosure of which is postponed or for which only substitutions or summaries have been disclosed to the public. Provides that, following its review and a determination of public disclosure or postponement, the Board shall notify the head of the originating body of its determination and publish a copy of it in the Federal Register. Requires that after the Board has made a formal determination concerning the public disclosure or postponement of disclosure of an executive branch assassination record or information within such a record, the President shall have the sole authority to require the disclosure or postponement of such record or information under the standards set forth above. Requires the President to provide the Board with a written certification specifying the President's decision within 30 days after the Board's determination. Subjects postponed executive branch assassination records to periodic review, downgrading and declassification, and public disclosure requirements of this Act. Requires the Board to report annually on its activities to the Congress, the Archivist, and the head of any Government office whose records have been the subject of Board activity. Specifies the contents of such reports. Authorizes the Board to request the Attorney General to petition: (1) any court in the United States or abroad to release any information relevant to the assassination of President Kennedy that is held under seal; and (2) any U.S. court to release any information relevant to the assassination of President Kennedy that is held under injunction. Expresses the sense of the Congress that: (1) the Attorney General should assist the Board to unseal possibly relevant records that are held under seal or injunction; (2) the Secretary of State should contact the Government of the Republic of Russia and seek the disclosure of all records of the former Soviet Union relevant to the assassination of President Kennedy, and contact any other foreign government that may hold information relevant to such event and seek its disclosure; and (3) all executive agencies should cooperate in full with the Board to seek the disclosure of all relevant information. Authorizes appropriations. Provides for interim funding until funds are appropriated.
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 · 21 July 1992
Urges: (1) the Government of the Yemen Arab Republic to cease its obstruction and allow unlimited Yemeni-Jewish emigration and free travel for family reunification, medical treatment, and educational purposes; (2) that the provision of the free and unlimited exchange of letters and phone calls be extended to Yemeni Jews; (3) that the issue of the emigration and family reunification of such Jews be part of any equation of U.S. aid to such Government; and (4) the President to discuss with U.S. allies and trading partners making similar pleas to such Republic on behalf of Yemeni Jews' freedom of travel and emigration.
United States · United States Congress · 2 July 1992
Traumatic Brain Injury Act of 1992 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to conduct a study concerning traumatic brain injury. Requires the study to seek to: (1) determine the major causes of traumatic brain injury; (2) identify common therapeutic interventions which are used for the rehabilitation of individuals with traumatic brain injuries; (3) determine the preventive efforts that are being used by States and non-profit agencies to reduce the occurrence of such injuries; (4) identify effective treatment and long-term rehabilitation services needed to meet the needs of individuals with traumatic brain injuries; (5) develop practice guidelines for the treatment of traumatic brain injury; and (6) determine whether there is a need for national standards for helmets used by bicyclists and others. Requires the results of such study to be reported to the Congress not later than three years after enactment of this Act. Requires the Secretary to biennially prepare a report containing recommendations for the prevention of traumatic brain injuries, including identifying States that have mandated helmet laws for bicyclists and others. Requires such report to be disseminated to State health officers. Makes the Director responsible for gathering data concerning the number of individuals surviving traumatic brain injury and regarding the cost of such injuries. Requires the Director to establish a uniform reporting system under which hospitals and State and local health-related agencies will report on matters including: (1) the occurrence of traumatic brain injuries; (2) the amount of traumatic brain injury research, training, and services; (3) the identification of States and localities that have approved mandated helmet use laws; and (4) the health insurance status of individuals with such injuries. Requires the reporting system to permit the Director to make an accurate assessment of resource needs, provide a basis for the allocation of resources, and track survivors of traumatic brain injury from the provision of initial health care through long-term rehabilitation. Directs the Director to determine which Federal, State, local or other entities collect data on traumatic brain injury and the means by which such entities collect the data. Authorizes the Director to enter into cooperative agreements with other agencies, and to provide assistance to other entities with responsibility for data collection, to establish traumatic brain injury as a specific reportable condition in existing and future reporting systems. Authorizes the Secretary to award grants to State and local entities, and to public or non-profit private entities, to support: (1) special prevention and public awareness initiative projects; (2) model traumatic brain injury prevention, research and support programs; (3) projects that study the service needs of individuals with traumatic brain injury; and (4) projects involving grants for service coordination. Authorizes the Secretary to provide assistance to public and private nonprofit entities to reduce the incidence of traumatic brain injury through the establishment and effectuation of prevention projects. Sets forth eligibility requirements. Authorizes the Secretary, acting through the Director of the National Institutes of Health, to provide assistance to public and private nonprofit entities to support the conduct of basic and applied research concerning traumatic brain injury, especially with respect to the biomechanics of brain injury, the molecular and cellular characteristics of primary and secondary injury to the brain and the development of improved experimental brain injury models. Specifies the research to be conducted. Directs the Secretary to award grants to States for the establishment of Statewide protection and advocacy demonstration projects for individuals affected by traumatic brain injury. Sets forth eligibility requirements. Requires each State that receives assistance under this Act to establish a consumer-controlled advisory board within the Department of Health or Human Services of the State or within another department as designated by the chief executive officer of the State. Directs an advisory board to coordinate communications with and between Federal, State and local agencies, citizen's groups, private industry and labor and nonprofit organizations and to encourage citizen participation through public hearings and other types of community outreach programs. Requires each State to establish a services coordination program to identify the services required to prevent the institutionalization or to minimize the need for residential rehabilitation in the case of traumatic brain injuries. Sets forth the requirements for such program. Authorizes appropriations to carry out provisions of this Act for FY 1993 through 1995. Designates October 1992 as National Head Injury Month.
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 · 2 July 1992
Agricultural Credit Improvement Act of 1992 - Title I: Amendments to the Consolidated Farm and Rural Development Act - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to establish a program of assistance (ten-year maximum) for beginning farmers (including aquaculture) and ranchers. Requires an applicant to submit a farm operations plan (plan) to the appropriate county committee, which must be approved by the committee and then by the Secretary of Agriculture. Provides assistance in the form of operating and equipment loans or guarantees. Gives applicants priority for equipment purchases in the Farmers Home Administration inventory. Terminates assistance for avoidable failure to achieve plan goals. Directs the Secretary to establish within the farm ownership loan program a ten-year down payment loan program for beginning farmers and ranchers. Sets forth loan terms. Limits the availability of certain other agricultural loans and guarantees to beginning farmers and ranchers during specified applicable periods. Sets forth debt service margin requirements. Provides for: (1) Federal-State beginning farmer assistance coordination; and (2) the establishment of an Advisory Committee on Beginning Farmers and Ranchers. Directs the Secretary to establish a plan to encourage the graduation of assisted borrowers to private commercial credit. Limits operating loan assistance to ten years and loan guarantee assistance to 15 years. Authorizes hardship waivers. Title II: Amendments to the Farm Credit Act of 1971 - Amends the Farm Credit Act of 1971 to repeal the authority of the Farm Credit System (FCS) Insurance Corporation to designate one of its directors as a nonvoting representative to the board of directors of the Federal Farm Credit Banks Funding Corporation. Expands water and sewer lending authority of banks for cooperatives. Repeals the limitation on FCS bank director compensation. Includes director compensation in the scope of FCS institution examinations. Requires all FCS institutions to be examined at least once every three years. Repeals the prohibition on tax-exempt guarantees. Title III: Effective Date - Sets forth the effective dates of amendments made by this Act.
![Official portrait of Sen. Glenn, John H., Jr. [D-OH]](https://www.congress.gov/img/member/g000236_200.jpg)