United States · United States Congress · 6 May 1993
TABLE OF CONTENTS: Title I: Programs and Related Provisions Subtitle A: Programs Subtitle B: Related Provisions Title II: Organization Title III: Reauthorization Subtitle A: National and Community Service Act of 1990 Subtitle B: Domestic Volunteer Service Act of 1973 Title IV: Technical and Conforming Amendments National Service Trust Act of 1993 - Amends the National and Community Service Act of 1990 and the Domestic Volunteer Service Act of 1973 to reauthorize, revise, and reorganize national and community service and domestic volunteer programs, establish a Corporation for National Service and a National Service Trust program of Federal investment in support of national service, and provide expanded opportunities for national service and educational awards for participants. Title I: Programs and Related Provisions - Subtitle A: Programs - (Sec. 101) Amends the National and Community Service Act of 1990 (the Act) to establish the National Service Trust program, replacing the current American Conservation and Youth Service Corps. Authorizes the Corporation for National Service (CNS) to make matching grants to State and local governments, Indian tribes, public and private nonprofit organizations, and higher education institutions for: (1) full- or part-time national service programs, including summer programs; and (2) subgrants for national service programs of other entities. Authorizes CNS to enter into agreements with other Federal agencies to support their national service programs. Directs CNS to approve national service educational awards for participants serving in CNS-assisted national service programs. Describes types of eligible national service programs addressing unmet human, educational, environmental, or public safety needs, including community corps, youth corps, service-learning, special skills or specialized training, individualized placement, campus-based, preprofessional training, professional corps, disadvantaged youth community service, national service entrepreneur, intergenerational, or other programs. Directs CNS to establish qualification criteria. Authorizes CNS to provide the following types of program assistance: planning, operational, replication, subgrantee, training, technical, and other special assistance (including support for State commissions and challenge grants for national service programs). Requires CNS to ensure that participants in VISTA or the Civilian Community Corps receive national service educational awards, except in specified circumstances. Sets forth application and program requirements. Requires an assurance that the program assisted will not perform service that provides a direct benefit to any: (1) for-profit business; (2) labor union; (3) partisan political organization; or (4) organization engaged in religious activities (unless such service does not involve use of assistance or participants to give religious instruction, conduct worship services, or engage in any form of proselytization). Sets a minimum age for national service participants of 17, except for certain youth programs where the beginning of service may be between age 16 and 25. Sets rules for selection of participants, including selection and training of a national leadership pool. Sets a term of service at a minimum of 1,700 hours during: (1) a full-time period of nine months to one year; or (2) a part-time period of one to two years. Establishes requirements for participant living allowances. Limits the Federal share to not more than 85 percent of the VISTA volunteer allowance. Makes those who serve in approved national service positions eligible for national service educational awards. (Sec. 102) Establishes the National Service Trust in the Treasury to provide for the payment of national service educational awards. Sets forth eligibility standards for national service educational awards. Bases such awards on only the first and second terms of service. Requires that the award be used within five years after completion of the term of service. Sets the award's value at $5,000 for each term of service (up to two terms). Allows the use of such awards to: (1) repay outstanding student loans; (2) pay current educational expenses; (3) enable participation in approved school-to-work programs; and (4) pay interest during forbearance on loan repayment. Provides that awards shall not be considered: (1) in a means-test for Federal or federally-assisted benefits; or (2) as taxable income under the Internal Revenue Code. Makes conforming amendments to student loan provisions of the Higher Education Act of 1965 (HEA). Makes Stafford loan forgiveness available. (Sec. 103) Establishes School-Based and Community-Based Service-Learning programs to replace current Programs for Students and Out-of-School Youth. Revises the Serve-America program (currently named Service-America) to include: (1) school-based programs for students; (2) community-based service programs for school-age youth; and (3) a service-learning clearinghouse. Authorizes CNS to make planning grants to local educational agencies (LEAs) with respect to service-learning coordinators participating in an assisted national service program or receive a national service educational award. Authorizes grants for school-based service-learning programs and community-based service programs. Directs CNS to provide financial assistance to eligible public and private nonprofit organizations to establish a service-learning clearinghouse. Adds priority criteria for the making of grants for Higher Education Innovative Programs for Community Service. (Sec. 104) Establishes an Investment for Quality and Innovation program to carry out specified innovation and quality improvement activities. Directs CNS to provide assistance to appropriate entities to establish one or more clearinghouses, including the service-learning clearinghouse. Authorizes the President, acting through CNS, to make Presidential awards for service to individuals providing significant service, and to outstanding service programs. Provides that Civilian Community Corps members may receive educational awards (or suitable alternative benefits if ineligible for such awards). Amends the National Defense Authorization Act for Fiscal Year 1993 to extend the authority to conduct the Civilian Community Corps Demonstration Program. Subtitle B: Related Provisions - (Sec. 111-121) Makes conforming amendments and repealers to specified Federal law. Title II: Organization - (Sec. 201) Amends the National and Community Service Act of 1990 to require the establishment of State commissions on national service as a condition for receiving certain grants or allotments or a distribution of approved national service positions. Sets commission membership standards, and duties, including planning. (Sec. 202) Establishes the Corporation for National Service (CNS) as a Government corporation to administer programs under the Act. Amends the Domestic Volunteer Service Act of 1973 to require the Director of the ACTION Agency to report directly to the CNS Chairperson (under interim authorities). Directs the Chairperson to establish (or request the Director of the Office of Personnel Management to provide) job search and related assistance to employees of the ACTION Agency who are not transferred to CNS. (Sec. 202 & 203) Transfers to CNS functions of: (1) the Commission on National and Community Service (under interim authorities); and (2) the ACTION Agency (under final authorities). Title III: Reauthorization - Subtitle A: National and Community Service Act of 1990 - Extends the authorization of appropriations for the National and Community Service Act of 1990. Subtitle B: Domestic Volunteer Service Act of 1973 - Domestic Volunteer Service Act Amendments of 1993 - Amends the Domestic Volunteer Service Act of 1978 (DVSA) to reauthorize, reorganize, and revise its programs. Chapter I: VISTA and Other Anti-Poverty Programs - (Sec. 321) Adds to VISTA program objectives generating private sector resource commitment, encouraging local level volunteer service, and strengthening local agencies and organizations to carry out the program. (Sec. 322) Revises procedures and other requirements for selection and assignment of VISTA volunteers. Allows a sponsoring organization to recruit VISTA volunteers, subject to final approval of the Director of the ACTION Agency (the Director). (Sec. 323) Revises provisions for terms and periods of service. Authorizes a VISTA summer associates program. (Sec. 324) Revises postservice stipends. (Sec. 325) Requires encouragement of participation of both younger (18 through 27) and older (55 and older) VISTA volunteers. (Sec. 328) Repeals authority for student community service programs grants and contracts. (Sec. 329) Renames the University Year for ACTION the University Year for VISTA program. Shortens the minimum period of participation to an academic semester or equivalent. Allows volunteers to receive a living allowance or such other support the Director deems appropriate. (Sec. 330) Revises authority to establish and operate special volunteer and demonstration programs. Requires a competitive process for any grant or contract exceeding $100,000. (Sec. 331) Permits the Director to provide technical and financial assistance to employers and other private organizations that use or desire to use volunteers. (Sec. 332) Repeals a separate authority for drug abuse education and prevention programs under special volunteer programs. Chapter 2: National Senior Volunteer Corps - (Sec. 342) Renames the retired senior volunteer program the Retired and Senior Volunteer Program (RSVP). (Sec. 343) Expands RSVP eligibility to include older working persons and those over 55 (currently 60). (Sec. 345) Requires certain adjustments and minimums for stipends for low-income volunteers. (Sec. 346) Allows non-low-income persons to participate in the Foster Grandparent and the Senior Companion programs, without any financial support except reimbursement for related expenses. (Sec. 347) Repeals certain conditions for grants and contracts under those two programs, including a requirement that volunteers no longer be in the regular work force. (Sec. 348) Eliminates one type of evaluation of the Senior Companion Program. (Sec. 349) Encourages agreements with other Federal agencies involving retired, senior, intergenerational, and conservation volunteer programs. (Sec. 352) Authorizes grants and contracts for demonstration programs of innovative activities involving older volunteers. Prohibits reducing other older volunteer programs to support such demonstrations. Chapter 3: Administration - (Sec. 365) Bases disability or death benefits for VISTA volunteers on a grade GS-5 (rather than GS-7) Federal employee entrance salary. (Sec. 370) Grants copyright protection for the programs of the ACTION Agency. (Sec. 371) Authorizes the Director to establish a Center for Research and Training on Volunteerism. (Sec. 372) Amends Federal law relating to Federal employees to make retirement credit for time served as a VISTA volunteer available to all who become Federal employees subsequent to such volunteer service, upon their paying a deposit based on their post-service stipend. Chapter 4: Authorization of Appropriations and Other Amendments - (Sec. 381-383) Extends the authorization of appropriations for various programs under the Domestic Volunteer Service Act of 1973. (Sec. 385) Repeals Youthbuild Projects authority. Chapter 5: General Provisions - (Sec. 391) Sets forth technical and conforming amendments. Title IV: Technical and Conforming Amendments - (Sec. 401-405) Sets forth various changes of definitions and references in specified Federal law.
United States · United States Congress · 29 April 1993
King Holiday and Service Act of 1993 - Amends Federal law to: (1) authorize appropriations for the Martin Luther King, Jr. Federal Holiday Commission; (2) extend the Commission; and (3) revise its membership. Amends the National and Community Service Act of 1990 to authorize the Commission to make grants to eligible entities to carry out service opportunities on Martin Luther King, Jr.'s birthday. Authorizes appropriations.
United States · United States Congress · 29 April 1993
Environmental Equal Rights Act of 1993 - Amends the Solid Waste Disposal Act to authorize citizens in a State in which a new solid or hazardous waste management facility is proposed to be constructed in an environmentally disadvantaged community to petition the Administrator of the Environmental Protection Agency or the State to prevent the facility from being constructed or from operating in such community. Denies such a petition only if the proponent of the proposed facility establishes that: (1) there is no alternative location that poses fewer health and environmental risks; and (2) the facility will not release contaminants or engage in any activity that is likely to increase the cumulative impact of contaminants on the environmentally disadvantaged community. Defines an "environmentally disadvantaged community" as an area within two miles of the borders of a site on which a waste management facility is proposed to be constructed and that meets specified criteria concerning minority populations, poverty, and existing hazardous or solid waste facilities or hazardous waste sites.
United States · United States Congress · 29 April 1993
Environmental Health Equity Information Act of 1993 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to direct the Administrator of the Agency for Toxic Substances and Disease Registry to collect and maintain information on the race, age, gender, ethnic origin, income and educational levels, and duration of residence at present locations of residents of communities adjacent to areas closed or otherwise restricted in use because of toxic substance contamination.
United States · United States Congress · 29 April 1993
Fisk University Historic District Restoration and Preservation Act - Authorizes appropriations to the Secretary of the Interior for the restoration of historic buildings in the Fisk University Historic District, Nashville, Tennessee.
United States · United States Congress · 28 April 1993
Marine Biotechnology Investment Act of 1993 - Amends the National Sea Grant College Program Act to establish within the Program a program to further research, development, education, and technology transfer in marine biotechnology. Sets forth provisions regarding: (1) the award of grants and contracts; and (2) funding. Provides for the establishment of a Marine Biotechnology Review Panel. Authorizes appropriations.
United States · United States Congress · 28 April 1993
Privacy for Consumers and Workers Act - Establishes certain privacy protections for employees and customers with respect to electronic monitoring in the workplace by employers. Directs the Secretary of Labor to enforce such protections. Provides for coverage of employees of the House of Representatives and the Senate under this Act.
United States · United States Congress · 28 April 1993
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act and the Internal Revenue Code to exclude from OASDI coverage all service performed during the calendar year by State and local election officials and workers if it is performed only on an election day.
United States · United States Congress · 28 April 1993
Social Security Notch Adjustment Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1927.
United States · United States Congress · 20 April 1993
Single Room Occupancy Housing Fire Safety Enhancement Act - Amends the Cranston-Gonzalez National Affordable Housing Act to reserve specified funds to provide fire safety devices in affordable single-room occupancy housing.
United States · United States Congress · 19 April 1993
Authorizes the President, on behalf of the Congress, to present a gold medal to Lou Rawls in recognition of his work on behalf of educational opportunities for African Americans. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 7 April 1993
Civic Education Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to reauthorize and revise the program for instruction in the history and principles of democracy in the United States. Requires the program to foster civic responsibility and continue and expand the educational activities of the We the People...The Citizen and the Constitution program. Allows the use of funds for advanced training of teachers in civics and government, after the education program has been implemented. Authorizes appropriations.
United States · United States Congress · 5 April 1993
Women in Military Service for America Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins symbolic of women's service in the armed forces.
United States · United States Congress · 1 April 1993
Department of Defense Set Aside Enforcement Act of 1993 - Requires the Department of Defense (DOD) to award ten percent of its annual defense procurement contracts and subcontracts to historically Black colleges and universities and small disadvantaged and minority-owned businesses. (Currently, it is a goal of DOD to award five percent annually to such entities.) Authorizes the Secretary of Defense, beginning on October 1, 1993, and ending on September 30, 2000, to meet the ten percent requirement by awarding up to one half of the dollar amount of the contracts awarded to certain entities previously eligible for such contract award but no longer eligible by reason of size. Requires each entity that enters into a prime contract with DOD under the contract award program to spend at least five percent of the amount of the contract for subcontracts with certain covered entities meeting the requirements of small disadvantaged and minority-owned businesses. Requires prime contractor proof of the awarding of such subcontracts. Directs the Secretary to withhold five percent of the prime contract amount from the contract, which shall be used as direct payment to the subcontractors for work completed. Requires that, in a services contract awarded under such contracting procedures, at least 50 percent of the cost of contractor performance incurred for personnel shall be expended for employees of the covered entity. Provides alternative methods for meeting such 50 percent requirement. Outlines requirements for a small disadvantaged or minority-owned business for purposes of this Act. Directs the Secretary to require, as a condition for approval of a contract with DOD, that the potential contractor provide documentation that it is in compliance with the equal opportunity clause as outlined in the Code of Federal Regulations. Requires identical certification by the subcontractors of such contractor.
United States · United States Congress · 30 March 1993
Authorizes the Secretary of the Interior to make grants to the Collections of Life and Heritage, Inc., a nonprofit corporation of the African-American Panoramic Experience Museum in Atlanta, Georgia, to rehabilitate and expand their present facility. Authorizes appropriations.
United States · United States Congress · 29 March 1993
Prevailing Wage Rate Adjustment Reform Act of 1993 - Requires that Federal prevailing rate employees receive full statutory wage adjustments based on annual local wage surveys of private industries in each wage grade area.
United States · United States Congress · 24 March 1993
Check Cashing Act of 1933 - Sets forth licensing requirements for businesses that engage in issuing, redeeming, or cashing checks, travellers' checks, money orders, or similar instruments, or that transmit money. Confers licensing authority over such businesses upon the Federal Trade Commission (the Commission). Subjects violators of this Act to a civil penalty. Sets a maximum fee limitation which such businesses may charge for their services. Prohibits a depository institution from refusing to cash government checks where the presenter is the payee and provides sufficient identification. Mandates that checks drawn by Federal agencies be mailed only to specified addresses. Requires the Comptroller General to study and report to the Congress on the effects of requiring the use of a debit card system for making Federal benefit payments.
United States · United States Congress · 18 March 1993
Assault Weapon Act of 1993 - Prohibits the importation or manufacture of: (1) a firearm having features designed to facilitate the attachment of a silencer, bayonet, grenade launcher, flash suppressor, or folding stock; (2) such features; (3) a shotgun with a fixed magazine which is capable of holding seven or more rounds of ammunition; or (4) a detachable magazine, feed strip, or similar device which has a capacity of, or can be readily converted to accept, ten or more rounds of ammunition or related parts. Provides for a fine, imprisonment, or both for violation of such prohibition. Provides for enhanced penalties for the possession or use of such a firearm weapon or related device in a crime of violence or drug trafficking crime.
United States · United States Congress · 17 March 1993
Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished. Prohibits the Secretary from approving a project demolition application. Requires public housing agencies to carry out job training and employment programs in connection with certain housing construction and revitalization projects. Reduces lower income rent contribution amounts under the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, the Housing and Urban Development Act of 1965, and the Housing and Urban-Rural Recovery Act of 1983. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations.
United States · United States Congress · 10 March 1993
TABLE OF CONTENTS: Title I: Safety and Health Programs Title II: Safety and Health Committees and Employee Safety and Health Representatives Title III: Coverage Title IV: Occupational Safety and Health Standards Title V: Enforcement Title VI: Protection of Employees from Discrimination Title VII: Technical Assistance and Training Title VIII: Recordkeeping and Reporting Title IX: NIOSH Title X: State Plans Title XI: Victim's Rights Title XII: Construction Safety Title XIII: Worker's Compensation Study Title XIV: Administration Title XV: Effective Date Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - (Sec. 101) Amends requirements for each employer to set up and carry out a written occupational safety and health program that includes specified methods and procedures. Title II: Safety and Health Committees and Employee Safety and Health Representatives - (Sec. 201) Amends OSHA to require each employer of 11 or more employees (each for 20 or more hours per week) to provide for: (1) health committees; and (2) employee safety and health representatives. Authorizes the Secretary of Labor (the Secretary), upon the employer's application, to approve establishment of an alternative method of employee participation in worksite health and safety activities in a manner at least as effective as committee participation, if such alternative mechanism meets specified conditions. Provides for employee participation in the Secretary's inspections of workplaces. Title III: Coverage - (Sec. 301) Revises the OSHA definition of employer to extend OSHA coverage to States and local government employees. (Sec. 302) Directs the Committee on House Administration of the House of Representatives to establish a comprehensive occupational safety and health program meeting specified OSHA and other requirements. (Sec. 303) Applies OSHA to employment performed in Federal nuclear facilities under the control or jurisdiction of the Department of Energy. (Sec. 304) Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - (Sec. 401) Specifies timeframes and procedures for setting OSHA standards. (Sec. 403) Requires each OSHA standard to prescribe requirements for recording or reporting work-related adverse medical conditions determined as a result of medical examinations or test. (Sec. 404) Requires public disclosure of all communications on OSHA standards with parties outside the Department of Labor, including those with executive branch officials (except the President). (Sec. 405) Directs the Secretary, in cooperation with the Secretary of Health and Human Services (HHS) acting through the National Institute for Occupational Safety and Health (NIOSH) to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. (Sec. 406 and 407) Directs the Secretary to promulgate final standards: (1) on exposure monitoring and medical surveillance programs; and (2) on ergonomic hazards to protect employees from work-related musculoskeletal disorders. (Sec. 408) Requires that emergency temporary standards: (1) be issued based on the best available evidence; and (2) remain in effect for no more than 18 months (currently six months). (Sec. 409) Directs the Secretary to issue, within 60 days, an interim final regulation reducing permissible exposure limits to toxic substances, including a specified final rule on air contaminants and a proposed rule on air contaminants for construction, agriculture, and maritime. Title V: Enforcement - (Sec. 501) Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed hours worked, with no loss of wages, benefits, or other terms and conditions of employent. (Sec. 502) Requires the Secretary to notify employees or their representatives, within 30 days after receipt of their request for inspection, of the Secretary's determination that there are no reasonable grounds to believe a violation or danger exists. (Sec. 503) Requires the Secretary to make a special inspection upon notification by any Federal or State agency of reasonable grounds to believe that a violation of OSHA or specified safety and health standards exists that threatens physical harm. (Sec. 504) Directs the Secretary to carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. (Sec. 505) Requires the Secretary to investigate any work-related death or serious incident resulting in hospitalization of two or more employees. Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in an investigation. (Sec. 506) Revises provisions for abatement of serious hazards during employer contests to a citation. (Sec. 507) Grants employees the right to contest a citation's designation of the character of a violation or any proposed penalties as inadequate. (Sec. 508) Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. (Sec. 509) Requires the Occupational Safety and Health Review Commission's rules of procedure to provide for prompt notice to affected employees or their representatives if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to object to modifications or withdrawals of citations. (Sec. 510) Revises OSHA provisions for restraining imminent dangers. Grants employees the right to refuse to perform a duty identified as the source of an imminent danger, and prohibits discrimination against them for such refusal. Specifies a civil penalty against an employer for each day during which an employee continues to be exposed. (Sec. 511) Authorizes the Secretary to issue citations and assess penalties for violations of specified OSHA provisions relating to: (1) inspections, investigations, and recordkeeping; (2) safety and health programs; (3) safety and health committees; and (4) construction plans and programs. (Sec. 512) Revises OSHA criminal penalties to subject to them not only the employer but also certain officers, management officials, and supervisiors. Increases the maximum amount of fines and length of prison terms for specified violations. Establishes criminal penalties for a willful violation that causes serious bodily injury (currently, death only). Prohibits a penalty or fine imposed on a director, officer, or agent of an employer from being paid out of the employer's assets. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions. (Sec. 514) Directs the Secretary to establish an effective system for targeting inspections of worksites, with priority given to those with a high potential for death, serious injury, or exposures to toxic materials or harmful physical agents. (Sec. 515) Provides for the vacating of specified citations for violations if the employer demonstrates that certain conditions involving adequate employee training and work rule enforcement have been met. (Sec. 516) Increases the minimum penalty for specified types of serious offenses. Title VI: Protection of Employees from Discrimination - (Sec. 601) Extends OSHA antidiscrimination coverage to employees: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to themselves or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of discrimination complaints. Revises remedies. (Sec. 602) Requires the Secretary's regulations to include provisions requiring employers to post employee rights protections under such OSHA antidiscrimination provisions. Title VII: Technical Assistance and Training - (Section 701) Requires the Secretary to develop and disseminate curricula, model programs, and other information and materials to assist employers in complying with OSHA standards and requirements for safety and health programs, employee training and education, and safety and health committees. Directs the Secrtary to establish a program to provide technical assistance and consultative services concerning worksite safety and health to employers and employees. Requires targeting of such assistance and consultation at small employers, high hazard worksites, and high hazard industries. Establishes in the Treasury a revolving fund, the OSHA Assistance Fund, to pay for such programs. Directs the Secretary to impose fees to offset program costs. Title VIII: Recordkeeping and Reporting - (Sec. 801) Requires the Secretary to collect information and conduct analyses identifying: (1) industries, employers, processes, operations, and occupations, with a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; (3) workers' compensation costs associated with injuries and illnesses; and (4) employee exposure to toxic substances and harmful physical agents. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. (Sec. 802) Revises OSHA requirements for employer records and reports to include work-related illnesses reported by an employee or an employee's physician, unless the employer determines the illness is not work-related. (Sec. 803) Requires all such employer records and reports to be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - (Sec. 901) Requires NIOSH hazard to evaluation reports to evaluate whether any potentially hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. (Sec. 902) Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. (Sec. 903) Extends the authority of the Secretary of HHS, and of NIOSH, to inspect records to the Secretary's designees and contractors. (Sec. 904) Directs the Secretary of HHS, to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. (Sec. 905) Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. (Sec. 907) Includes education programs for employees and members of safety and health committees under NIOSH training provisions. Title X: State Plans - (Sec. 1001 and Sec. 1002) Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. (Sec. 1003) Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. (Sec. 1004 and Sec. 1005) Sets forth requirements and procedures for the Secretary of Labor to: (1) investigate complaints against a State's compliance with and enforcement of the State plan; and (2) take corrective action against such State noncompliance. (Sec. 1006) Requires States operating State safety and health plans to conform them to this Act. Title XI: Victim's Rights - (Sec. 1101) Provides for victims' rights under OSHA, including family members as well as the injured employee. Title XII: Construction Safety - (Sec. 1202) Amends OSHA to establish in the Occupational Safety and Health Administration (the Administration) an Office of Construction Safety, Health, and Education (the Office). Directs the Secretary of Labor (the Secretary) to: (1) identify construction employers with high rates of fatalities or lost workday injuries or illnesses or with patterns of noncompliance with health and safety requirements; (2) develop a system for notifying such employers; (3) establish courses and curricula for training OSHA inspectors an other OSHA employees with construction safety and health duties; (4) establish model compliance programs and assist employers, employees, and their representative organizations in setting up their training programs; and (5) establish a toll-free line on which reports, complaints, and notifications required under OSHA may be made. Establishes within the Administration the position of Deputy Assistant Secretary of Labor for Construction. (Sec. 1203) Establishes requirements for construction safety and health plans and programs, involving construction employers and designated project constructors and coordinators. (Sec. 1204) Directs the Secretary to establish an effective targeting system for general schedule construction inspections. Directs the Secretary to require constructors to report promptly any incident involving construction work that results in a fatality, an injury or illness causing two or more hospitalizations, or a structural failure or fire or explosion which caused or could have caused serious bodily injury to employees. (Sec. 1205) Expands the advisory jurisdiction of the Advisory Committee on Construction Safety and Health (the Committee). (Sec. 1206) Requires any State construction safety and health plan to contain requirements at least as effective as those imposed by the Act and the Contract Work Hours and Safety Standards Act. (Sec. 1207) Establishes in OSHA a Construction Safety and Health Academy to train OSHA employees who conduct construction worksite inspections and others the Secretary considers appropriate. (Sec. 1208) Considers a project constructor an employer for specified OSHA enforcement purposes. (Sec. 1209) Directs the Secretary to report to the President and the Congress annually on the construction industry and after three years on whether the office should be continued or a Construction Industry Safety and Health Administration should be established in the Department of Labor. (Sec. 1210) Directs the Secretary to recommend to specified congressional committees any legislative changes required to make safety records (including records of compliance with Federal safety and health laws and regulations) one criterion considered in the awarding of Federal construction contracts. Title XIII: Worker's Compensation Study - (Sec. 1301) Establishes the Federal Workers' Compensation Commission. Directs the Commission to study and report on workers' compensation laws and system with respect to specified issues. Title XIV: Administration - Establishes an Occupational Safety and Health Administration in the Department of Labor, to be headed by an Assistant Secretary for Occupational Safety and Health. Title XV: Effective Date - (Sec. 1501) Sets forth the effective date of this Act.
United States · United States Congress · 4 March 1993
Designates April 1993 as National African American Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make information available to the public on the health problems currently facing minority populations and on the careers and contributions of minority health professionals; and (2) present public service announcements on health promotion and disease prevention among African Americans.
United States · United States Congress · 3 March 1993
TABLE OF CONTENTS: Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care Title III: Provider Participation Title IV: Administration Subtitle A: General Administrative Provisions Subtitle B: Control Over Fraud and Abuse Title V: Quality Assessment Title VI: National Health Security Budget; Payments; Cost Containment Measures Subtitle A: Budgeting and Payments to States Subtitle B: Payments by States to Providers Subtitle C: Mandatory Assignment and Administrative Provisions Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved Subtitle A: Promotion and Expansion of Primary Care Professional Training Subtitle B: Direct Health Care Delivery Subtitle C: Primary Care and Outcomes Research Title VIII: Financing Provisions, American Health Security Trust Fund Subtitle A: American Health Security Trust Fund Subtitle B: Increases in Corporate and Individual Income Tax Rates; Health Security Premium; and Surtax on Individuals with Incomes Over $1,000,000 Subtitle C: Employment Tax Changes Subtitle D: Other Revenue Increases Primarily Affecting Individuals Subtitle E: Other Revenue Increases Primary Affecting Businesses Subtitle F: Estimated Tax Provisions Subtitle G: Alternative Taxable Years Subtitle H: Deduction for Charitable Contribution of Appreciated Property Limited to Adjusted Basis Subtitle I: Minimum 5 Percent Rate of Tax on Interest Paid to Foreign Persons American Health Security Act of 1993 - Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment - Establishes in the United States an American Health Security Program (AHSP) to be administered by the States (including the District of Columbia and, if they so choose, U.S. territories) in accordance with Federal standards established under this Act. Requires a State to establish a State health security program (program) in accordance with this Act to receive Federal health care funding. (Sec. 102) Entitles every individual who is a resident of the United States and is a U.S. citizen or national or a lawful resident alien to benefits for health care services under this Act under the appropriate State program. Sets forth provisions regarding the treatment of nonimmigrants and other individuals. (Sec. 103) Requires each State program to: (1) provide a mechanism for the enrollment of individuals entitled or eligible for benefits (which includes a process for the automatic enrollment of individuals at the time of birth, immigration, or other acquisition of lawful resident status in the United States and provides for the enrollment of all individuals who are eligible to be enrolled as of January 1, 1995); and (2) issue a health security card to enrolled individuals. (Sec. 104) Makes benefits portable when enrollees move or travel between States. Prohibits imposition of a minimum residence or waiting period in excess of three months for program benefit eligibility. Allows reciprocal arrangements between programs in adjacent States for coverage for enrollees residing in the border region. (Sec. 105) Makes benefits available under this Act for items and services furnished on or after January 1, 1995. (Sec. 106) Supersedes Medicare, Medicaid, the Federal Employee Health Benefits Program, and CHAMPUS, which must pay for completion of services they covered before January 1, 1995. Specifies that nothing in this Act affects the eligibility of veterans for Veterans Administration health benefits and services, or of Indians for benefits and services of the Indian Health Service. Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care - Entitles all eligible individuals to have payment made (if medically necessary and appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition) for inpatient and outpatient hospital services, professional services of State-authorized practitioners, community-based primary health services, preventive services, long-term and chronic care services, prescription drugs, biologicals, insulin, and medical foods, dental services, mental health services, substance abuse treatment services, diagnostic tests, and other specified items and services, including outpatient therapy, durable medical equipment, home dialysis, ambulance, prosthetic devices, and other items and services specified by the American Health Security Standards Board (Board) (established by title IV of this Act). Specifies that: (1) no deductibles, coinsurance, or copayments may be charged for acute care benefits; (2) no provider may charge a patient for covered services; (3) no private insurance may duplicate program benefits; and (4) States and employers may provide additional benefits at their own expense. (Sec. 203) Covers home and community-based long-term care services for persons unable to perform at least two of five listed activities of daily living without assistance. Limits the cost of such services to 65 percent (or an alternative percentage determined by the Board) of the cost of nursing home care for an individual in the same area in which the services were provided. (Sec. 204) Makes mental health, substance abuse, nursing facility, and home health services subject to utilization review. Directs the Board to make national determinations on coverage of experimental services, with professional and public input. Specifies that where the Board has recognized practice guidelines, coverage is limited to services provided according to the guidelines or any established exception process. Allows the Board to limit quantities of eyeglasses, contact lenses, hearing aids, and durable medical equipment that will be covered. Excludes from coverage cosmetic procedures, personal comfort items, and services furnished in non-participating facilities. (Sec. 205) Specifies that: (1) States may require providers to certify that covered services were provided according to program requirements; (2) quality review programs must meet Federal standards; and (3) States may require plans of care for coverage of certain services. Title III: Provider Participation - Requires providers, to receive payment, to agree: (1) not to discriminate based on race, national origin, income, religion, age, sex or sexual orientation, disability, handicapping condition, or (subject to the professional qualifications of the provider) illness; (2) not to charge patients for covered services; (3) to furnish necessary information to the Board or program; (4) not to employ other providers whose participation has been terminated for cause; and (5) to submit bills within a specified time frame. (Sec. 302) Considers a health care provider to be qualified if it is licensed or certified and meets State law requirements, applicable Federal requirements, and additional standards that the Board may specify. Requires: (1) the Board to establish, evaluate, and update national minimum standards to assure the quality of services provided and to monitor efforts by programs to assure such quality; (2) a reasonable transition period for any new standards; and (3) the Board to provide for an exchange of information among programs with respect to quality assurance and cost containment. (Sec. 303) Defines a "comprehensive health service organization" (CHSO) as a public or private organization which, in return for a capitated payment amount, furnishes or arranges a full range of health services and out-of-area coverage in the case of urgently needed services to an identified population in a specified service area which enrolls voluntarily in the organization. Sets forth various CHSO requirements regarding enrollment, withdrawal for cause, accessibility of services, continuity of care, consumer and provider representation on the board of directors, a patient grievance program, medical standards committees, premiums, utilization and bonus information, provision of services to enrollees at institutions operating under global budgets, marketing of services, and provision of emergency services to nonenrollees. (Sec. 304) Extends current Medicare prohibitions on physician self-referrals for clinical laboratory services to other services and applies such prohibitions to AHSP. Title IV: Administration - Subtitle A: General Administrative Provisions - Establishes the American Health Security Standards Board to develop policies and procedures for enrollment, benefits, provider participation, national and State funding levels, assisting programs with planning for capital expenditures and service delivery, and other functions and to establish uniform reporting standards for health services and programs. Authorizes the Board to make statistical and other studies, test alternative payment methods, and develop and test information and budget systems. Provides for the appointment of an Executive Director of the Board and an Inspector General. (Sec. 402) Directs the Board to provide for an American Health Security Advisory Council to advise the Board on matters of general policy, in the formulation of regulations, and in the performance of the Board's duties and to study the operation of, and utilization of health services under, this Act. (Sec. 403) Directs the Board to appoint advisory committees on benefits, cost containment, primary care and the medically underserved, mental health and substance abuse treatment, and prescription drugs. Authorizes the Board to appoint other temporary advisory committees. (Sec. 404) Establishes an American Health Security Quality Council which shall be responsible for quality review activities (under title V). Directs the Quality Council to report to the Board annually on activities and findings from outcomes research and development of practice guidelines that may affect the Board's determination of coverage of services. (Sec. 405) Requires: (1) each State to submit to the Board a plan for a program for providing health care services to residents of the State (but allows neighboring States to join in regional plans); (2) the Board to provide incentives for States to develop regional planning mechanisms to promote the rational distribution of, adequate access to, and efficient use of, tertiary care facilities, equipment, and services; (3) State programs to meet Federal standards, including single-agency administration, a State health security budget, provider payment and quality review methodologies consistent with Federal standards, freedom to choose providers, a consumer ombudsman, an annual report, and a fraud and abuse prevention and control unit; and (4) the Governor of each State to provide for appointment of a State Health Security Advisory Council to advise and make recommendations to the Governor and State regarding program implementation. Allows: (1) programs not meeting Federal requirements, after notice, to be placed in receivership under the Board's jurisdiction; and (2) States to use fiscal agents, after competitive bidding, to process claims. (Sec. 406) Requires the Secretary of Health and Human Services (Secretary) to direct all activities of the Department of Health and Human Services toward contributions to health of the people in a manner complementary to this Act. Subtitle B: Control Over Fraud and Abuse - Authorizes the Board to exclude providers from participation, impose civil monetary penalties, and seek criminal prosecution for fraud or abuse, based on current Medicaid standards. Requires providers to disclose relevant information about their ownership interest in health facilities and services, based on current Medicaid standards. (Sec. 412) Requires the Board: (1) through the Inspector General, to establish a national health care fraud and abuse data base, including the identity of any provider who has been convicted, had a license revoked, has been excluded or suspended from participation, or has been subjected to a civil penalty with respect to a State program, Medicare, Medicaid, or any other federally funded health program; and (2) to establish rules to protect the confidentiality of information in the data base. Requires States to provide relevant information for this purpose and to periodically inquire of the data base to determine provider qualifications to participate in programs. Sets penalties for submitting false information. (Sec. 413) Requires each program to establish and maintain a health care fraud and abuse unit. (Sec. 414) Directs the Board to provide for the assignment of a unique identifier to each participating provider and to each individual eligible for services, which shall be used for claims and payment. Title V: Quality Assessment - Directs the Quality Council to: (1) collect data from outcomes research on an ongoing basis and develop practice guidelines on the basis of such data and existing clinical knowledge; (2) adopt methodologies for profiling the patterns of practice of health care professionals and for identifying outliers (i.e., health care providers whose patterns of practice suggest quality deficiencies); (3) develop standards for the development of centers of excellence for designated procedures and for education of and sanctions for outliers; and (4) disseminate all quality guidelines and standards to the States for implementation. (Sec. 502) Requires each participating State to establish an entity to conduct quality reviews of persons providing covered services under its program which meet Federal standards for the adoption of practice guidelines, identification of outliers, development of remedial programs and monitoring for outliers, and the application of sanctions. Allows the State to adopt alternative methodologies to those adopted by the Quality Council provided that the State can demonstrate that the efficacy of such review and education programs meets Federal standards. Mandates that the quality review entity be administratively independent of the individual or board that administers the program and not provide any financial incentive to reviewers to favor one pattern of practice over another. (Sec. 503) Expresses the intent to replace random utilization controls with a systematic review of patterns of practice that compromise the quality of care by January 1, 1998. Supercedes all existing Federal utilization review programs, including random case-by-case reviews and programs requiring pre-certification of medical procedures on a case-by-case basis, with exceptions. Specifies that nothing in this section shall preclude case management of catastrophic, mental health, or substance abuse cases where necessary to achieve appropriate, cost-effective, and beneficial comprehensive medical care. (Sec. 504) Requires: (1) each State program to develop and use a uniform electronic data base which uses software designated by the Board and which assures confidentiality for all patient records to enable systematic quality review and outcomes analysis; and (2) the Board to designate such software and establish standards designed to protect the privacy of patients. Limits access by government agencies to patient records. Title VI: Health Security Budget; Payments; Cost Containment Measures - Subtitle A: Budgeting and Payments to States - Directs the Board to establish a national health security budget which specifies the total expenditures to be made by the Federal Government and the States for covered health care services, and allocates those expenditures among the States. Prohibits such budget from exceeding the budget for the preceding year increased by the percentage increase in gross domestic product. Divides the budget into quality assessment, professional education, administrative, and operating components. (Sec. 602) Provides for the allocation of funds in the budget by the Board to the States, based on the national average per capita costs of covered services adjusted for differences among the States in costs and the health status of populations. Permits the use of statistical models to estimate State capitation amounts. Sets forth State adjustment factors to reflect differences in relative needs for funds and directs that such factors be applied in a budget-neutral manner resulting in no change in total Federal expenditures from the national per capita average. (Sec. 603) Requires each program to submit to the Board a proposed and final annual budget broken into quality assessment, professional training, administrative, and operating components, with the operating component broken into facility-based services, individual practitioner payments, payments to CHSOs, and payments for other items and services. Sets forth provisions regarding proposed and final budget deadlines, adjustments in allocations, and expenditure limits. Permits programs to provide for a process for the approval of capital expenditures based on information derived from regional planning agencies. (Sec. 604) Provides for programs to receive Federal funds equal to a weighted average of 86 percent of their population-based share of the budget, which the Board may adjust between 81 and 91 percent based on State economic conditions. (Sec. 605) Requires each program to establish a separate budget account for health professional education expenditures and to distribute funds consistent with the achievement of specified national and program goals, including the receipt by the Board of reports to monitor compliance, and taking into account the potentially higher costs of placing health professional students in clinical education programs in health professional shortage areas. Subtitle B: Payments by States to Providers - Directs that: (1) payment for operating expenses for institutional and facility-based care under State programs be made directly to each institution or facility under an annual prospective global budget approved under the program; (2) such budgets take into account discharges by diagnosis-related group, prior expenditures, the extent to which debt service for capital expenditures has been included in the proposed operating budget, change in the consumer price index and other price indices, compensation, occupancy levels, past financial and clinical performance, training, technological changes, and incentives to maintain costs without reducing care; and (3) facility budgets be adjusted to reflect payments made by CHSOs. Allows programs to permit institutions and facilities to raise funds from private sources to pay for newly constructed facilities, major renovations, and equipment. (Sec. 612) Requires: (1) State programs to pay individual practitioners on a fee-for-service basis, as negotiated between States and practitioner representatives; (2) the Board to establish models for such payment and for global fee payment methodologies to encourage payment for combinations of services; and (3) practitioners to bill State programs within 30 days of providing services. Permits States to require electronic billing. (Sec. 613) Authorizes programs to pay CHSOs based on annual budgets or risk-adjusted capitation payments, reduced by the costs of covered services not provided by the CHSO. (Sec. 614) Directs that programs pay for community-based primary health services based on global budgets, basic primary care capitation amounts for enrollees, or fee-for-service, taking into account costs of serving non-covered patients, providing case management, transportation, and translation, and providing health professional education programs. (Sec. 615) Requires: (1) the Board to establish a list of approved prescription drugs based on the recommendations of the Advisory Committee on Prescription Drugs and to negotiate maximum prices with manufacturers; and (2) each program to pay for such drugs based on such maximum prices and to pay separate dispensing fees to pharmacies. (Sec. 616) Directs the Board to establish a list of approved durable medical equipment and therapeutic devices and equipment and programs to pay for such items based on maximum prices determined by the Board. (Sec. 617) Requires State programs to pay for other items and services based on methodologies to be adopted by the Board, consistent with the State health security budget. (Sec. 618) Directs the Board to establish model payment methodologies and other incentives to promote the provision of services in medically underserved areas. Permits programs to adjust payments amounts within their budgets to encourage provision of appropriate services in underserved areas. (Sec. 619) Authorizes programs to utilize alternative payment methodologies, provided that such methodologies do not affect the entitlement of individuals to coverage, the weighting of fee schedules to encourage an increase in the number of primary care providers, the ability of individuals to choose among qualified providers, the benefits covered under the Program, or compliance with the State health security budget. Requires States to report on the operation and effectiveness of alternative methodologies to enable the Board to evaluate the appropriateness of applying such methodologies to other States. Subtitle C: Mandatory Assignment and Administrative Provisions - Specifies that participating providers: (1) must accept payment from a program as full payment for covered services; and (2) may not impose additional charges on patients. Permits the Board to exclude from participation and subject to civil penalties violators of such provision. (Sec. 632) Requires programs to establish: (1) procedures for reimbursing providers within 60 days of bill submission; and (2) an appeals process to handle grievances pertaining to provider payments. Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved - Subtitle A: Promotion and Expansion of Primary Care Professional Training - Makes the Board responsible for: (1) coordinating health professional education policies and goals to achieve national goals; (2) overseeing program health professional education expenditures; (3) developing and maintaining a system to monitor the number and specialties of individuals through their health professional education, any postgraduate training, and professional practice; and (4) developing, coordinating, and promoting other policies that expand the number of primary care practitioners. Sets as national goals that: (1) at least 50 percent of graduate medical residencies be in primary care within five years of this Act's enactment; and (2) there be a certain number, specified by the Board, of midlevel primary care practitioners employed in the health care system as of January 1, 2000. Directs the Board to: (1) establish a method of applying such goals to program goals for each medical residency program or consortium of programs and reducing payments for residency programs failing to meet their goals; (2) advise the Public Health Service on allocations of funding under specified programs to increase the supply of midlevel primary care practitioners; and (3) commission a study of the potential benefits and disadvantages of expanding the scope of practice authorized under State laws for any class of midlevel primary care practitioners. (Sec. 702) Requires the Board to establish an Advisory Committee on Health Professional Education to advise the Board concerning graduate medical education policies under this title. (Sec. 703) Directs the Board to transfer specified revenues from the American Health Security Trust Fund (Trust Fund) for specified existing programs supporting health professional education and nursing education and for the National Health Service Corps. Subtitle B: Direct Health Care Delivery - Requires the Board to transfer specified Trust Fund revenues to the Public Health Service for: (1) maternal and child health block grants, preventive health block grants, grants to States for community mental health services and prevention and treatment of substance abuse, and grants for HIV health care services; and (2) grants to nonprofit community health centers and similar facilities. (Sec. 713) Directs the Board to make grants to primary care centers (i.e., nonprofit community health centers, migrant health centers, and other federally qualified health centers) to serve medically underserved populations in urban and rural areas. Specifies that grant funds may be used to plan, develop, and deliver primary care in such areas. Subtitle C: Primary Care and Outcomes Research - Requires the Board to transfer specified Trust Fund revenues to the Agency for Health Care Policy and Research for health outcomes research. (Sec. 722) Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) an Office of Primary Care and Prevention Research to be headed by a Director who shall identify and coordinate research activities relating to primary care and prevention, including care provided by multidisciplinary teams. Authorizes appropriations. Requires the Director of NIH to establish a national data system and clearinghouse on primary care and prevention research. Title VIII: Financing Provisions; American Health Security Trust Fund - Subtitle A: American Health Security Trust Fund - Amends the Internal Revenue Code to create the American Health Security Trust Fund. Appropriates to the trust fund the increase in tax liabilities attributable to the application of amendments made by this title and receipts from the following programs: Medicare, Medicaid, Federal employees health benefit program, and the CHAMPUS program. Transfers to such trust fund amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Increases in Corporate and Individual Income Tax Rates; Health Security Premium; Surtax on Individuals With Incomes Over $1,000,000 - Increases individual and corporate income tax rates, including the imposition of a health premium on such increased rates. Imposes a surtax on individuals with incomes over $1 million. Subtitle C: Employment Tax Changes - Increases the tax on employers for hospital insurance. Modifies self-employment and railroad retirement tax provisions. Makes State and local employees subject to the hospital insurance tax. Subtitle D: Other Revenue Increases Primarily Affecting Individuals - Makes permanent the overall limitation on itemized deductions for high-income taxpayers. Makes permanent the phaseout of the deduction for personal exemptions for such taxpayers. Removes residence sale, purchase, or lease expenses and meals while traveling from the deduction for moving expenses. Increases the overall dollar limitation for moving expenses in connection with the commencement of work. Makes the highest estate and gift tax rates permanent. Denies any deduction for club membership fees as an entertainment expense. Includes increased social security benefits in gross income. Provides for the collection of a monthly long-term health care premium for the elderly (other than the low-income elderly) for deposit into the American Health Security Trust Fund. Subtitle E: Other Revenue Increases Primarily Affecting Businesses - Applies mark-to-market accounting method rules for certain securities held by dealers in securities (with specified exceptions for certain types of securities such as those held for investment or as a hedge). Increases the applicable recovery period for depreciation of nonresidential real property under the accelerated cost recovery system. Includes imported property income of a controlled foreign corporation or related person as foreign base company income. Requires the separate application of the limitation on the foreign tax credit on imported property income. Applies the look-thru rules in the case of controlled foreign corporations to such income. Repeals: (1) the deduction for intangible drilling and development costs in the case of oil and gas wells and geothermal wells; (2) the percentage depletion for oil and gas wells; and (3) the application of like-kind exchange rules to real property. Disallows the capitalization of a percentage of advertising expenses. Allows the amortization of such disallowed amount. Subtitle F: Estimated Tax Provisions - Increases individual and corporate estimated tax payments. Repeals special rules which denied the use of a previous year's liability safe harbor for certain individuals with significant increases in tax liability from one year to the next. Modifies corporate annualized income installment provisions. Subtitle G: Alternative Taxable Years - Provides that the taxable year for an S corporation of partnership must be the same as an entity's reporting period if an entity has annual reports or statements which ascertain income profit or loss and are provided to shareholders or used for credit purposes. Revises computation of the amount of the required payment that must be made by a partnership or S corporation that elects a taxable year other than the required taxable year. Subtitle H: Deduction for Charitable Contribution of Appreciated Property Limited to Adjusted Basis - Limits the deduction for charitable contribution of appreciated property to the amount which would have been gained had the property been sold by the taxpayer at its fair market value. Subtitle I: Minimum 5 Percent Rate of Tax on Interest Paid to Foreign Persons - Sets a minimum rate of tax on interest paid to foreign persons notwithstanding any treaty obligations.
United States · United States Congress · 23 February 1993
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; (2) standards or other requirements relating to apprenticeship or other training programs; or (3) liens, bonding, or other security to collect delinquent contributions to a multiemployer plan.
United States · United States Congress · 22 February 1993
Brady Handgun Violence Prevention Act - Amends the Federal criminal code to prohibit (until the Attorney General certifies that a national instant criminal background check system (System) is established pursuant to this Act) any licensed importer, manufacturer, or dealer from selling, delivering, or transferring a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, verified the identity of such individual, provided notice of the contents, and transmitted a copy of the statement to the chief law enforcement officer (chief) of the place of residence of the individual within one day after the individual furnishes the statement; and five business days have elapsed from the date the transferor furnished notice of the contents of the statement to the chief, during which period the transferor has not received information from the chief that receipt or possession of the handgun by the individual would be in violation of Federal, State, or local law or has received notice from the chief that the chief has no information indicating that such receipt or possession would violate such law; (2) the individual has presented to the transferor a statement from the chief, issued in the past ten days, stating that the individual requires a handgun because of a threat to such individual or such individual's family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful, with exceptions; (5) the Secretary of the Treasury has approved the transfer under provisions of the Internal Revenue Code; or (6) the Secretary has certified, on application of the transferor, that compliance with the notice requirement is impracticable for specified reasons. Directs the Attorney General to: (1) establish the System; (2) expedite the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation (FBI), the development of hardware and software systems to link State criminal history check systems into the System, and the current revitalization initiatives by the FBI for technologically advanced fingerprint and criminal records identification; and (3) ensure the privacy and security of System information. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of justice system improvement formula grants for the improvement of State record systems and the sharing with the Attorney General of specified records for the purpose of implementing this Act.
United States · United States Congress · 17 February 1993
Directs the Secretary of Education to make a grant to Jackson State University in Jackson, Mississippi, to establish the Margaret Walker Alexander National African-American Research Center on its campus in recognition of, and to commemorate, the literary contributions of Margaret Walker Alexander. Requires the application for the grant to ensure that the Center will serve as a national center for the study, research, and teaching of African-American literature and history, and as a repository for papers and memorabilia relating to the lives of individuals noted for their work in African-American literature and history. Authorizes appropriations.
United States · United States Congress · 17 February 1993
TABLE OF CONTENTS: Title I: Participation by States in Adoption of Hazard Reduction Measures Title II: Primary Insurance Program Title III: National Earthquake, Volcanic Eruption, and Hurricane Excess Loss Reinsurance Program Earthquake, Volcanic Eruption, and Hurricane Hazards Insurance Act of 1993 - Title I: Participation by States in Adoption of Hazard Reduction Measures - Requires the Director of the Federal Emergency Management Agency (Director of FEMA) to identify earthquake-prone, volcanic eruption-prone, and hurricane-prone States and areas. Establishes the Earthquake, Volcanic Eruption, and Hurricane Loss Mitigation Advisory Committee. Requires development of loss-reduction criteria for State and local land use and management ordinances, building codes, and other measures. Requires that a percentage of the annual hurricane, earthquake, and volcanic eruption insurance and excess reinsurance premiums collected under the Primary Insurance program be deposited in a Self-Sustaining Mitigation Fund to support specified hazard reduction activities. Provides State assistance for development and implementation of mitigation plans. Prohibits making, increasing, extending, or renewing any federally-related mortgage loan secured by: (1) residential property in an earthquake-prone, volcanic eruption-prone, or hurricane-prone State unless the property is covered by earthquake and volcanic eruption insurance coverage under this Act or equivalent private insurance; or (2) improved real estate or a mobile home located in an earthquake-prone or volcanic eruption-prone State if the State is not in compliance with the loss-reduction criteria of this Act and the property does not meet minimum mitigation criteria. Title II: Primary Insurance Program - Requires the Director of FEMA to establish a Primary Insurance Program to provide national coverage for residential property (and related personal property) losses in earthquake-prone, volcanic eruption-prone, or hurricane-prone States. Establishes: (1) the Earthquake, Volcanic Eruption, and Hurricane Insurance and Reinsurance Advisory Committee; and (2) the Residential Property Insurance Fund in the Treasury. Title III: National Earthquake, Volcanic Eruption, and Hurricane Excess Loss Reinsurance Program - Requires the Director of FEMA to make reinsurance and excess reinsurance available to private insurers participating in the Program and their reinsurers. Provides for the excess reinsurance liability of the insurance industry and the Federal Government. Establishes in the Treasury the Reinsurance Fund to carry out the excess loss reinsurance program. Requires the Director of FEMA, to the extent that the Reinsurance Fund is insufficient to pay claims and expenses, to issue to the Secretary of the Treasury obligations to cover the insufficiency.
United States · United States Congress · 16 February 1993
Volunteer Protection Act of 1993 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 4 February 1993
Amends the National Labor Relations Act to exclude shipboard supervisory personnel from selection as employer representatives, if such personnel are licensed by the U.S. Coast Guard and represented by a labor organization. Provides that picketing or other economic activity undertaken by a labor organization on behalf of such licensed shipboard supervisory personnel shall not be considered a prohibited restraint or coercion.
United States · United States Congress · 4 February 1993
National Stalker Reduction Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize the Director of the Bureau of Justice Assistance to make grants to States which include programs that increase awareness, reporting, and prevention of stalking; and (2) provide for a reduction of formula grants for noncompliance by States with specified requirements. Directs each State which receives drug control and system improvement formula grants under the Act in a fiscal year to allocate not less than five percent of such funds for the development of records regarding stalking and other forms of domestic violence, including: (1) the development or expansion of maintaining records regarding the dispositions of all complaints and arrests for stalking and other forms of domestic violence; (2) the full automation of such records; and (3) the frequency and quality of reports sent to the Bureau of Justice Statistics. Authorizes the Director to waive compliance with such allocation requirement by a State, or to authorize a State to reduce the minimum amount such State is required to allocate, if the Director finds that the quality of the States' records regarding stalking and domestic violence complaints and arrests does not warrant expending the amount allocated. Requires the Bureau of Justice Statistics to: (1) define terms that relate to stalking and make such definitions available to individuals and groups that request such information; and (2) compile a national database regarding stalking and other forms of domestic violence. Requires the Director to submit annual reports to the Congress, evaluating the effectiveness of State anti-stalking efforts and legislation.
United States · United States Congress · 3 February 1993
Americans with Disabilities Business Development Act of 1993 - Amends the Small Business Act to: (1) substitute the definition of "disability" (a physical or mental impairment that substantially limits one or more of the major life activities of an individual) for "handicapped individual"; and (2) include Americans with disabilities among those considered to be socially disadvantaged for purposes of such Act.
United States · United States Congress · 27 January 1993
Liveable Wage Act of 1993 - Amends the Fair Labor Standards Act of 1938 to: (1) increase the minimum wage to $5.50 an hour in 1994; and (2) provide that the minimum wage rate will be increased by indexing to the cost of living, in the same manner as benefits are indexed under specified provisions of the Social Security Act, for 1995 and thereafter.
United States · United States Congress · 21 January 1993
National Writing Project Reauthorization Act of 1993 - Amends the Education Council Act of 1991 (Public Law 102-62) to extend the authorization of appropriations for the National Writing Project. Revises provisions relating to the National Writing Project, including provisions for Federal share, evaluation, and research and development activities.
United States · United States Congress · 6 January 1993
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments to tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 5 January 1993
Voting Rights Extension Act of 1993 - Amends the Voting Rights Act of 1965 to revise certain aspects of its coverage and to provide for the recovery of additional litigation expenses.
United States · United States Congress · 5 January 1993
New Columbia Admission Act - Declares the State of New Columbia (presently, the District of Columbia) to be a State of the United States of America. Admits New Columbia into the Union on an equal footing with the other States in all respects. Reserves Federal title to certain lands and property in the National Capital Service Area. Directs the Governor to report to the Congress each fiscal year on the effects on the revenues and expenditures of the State because of the presence of the Federal Government's seat within or adjacent to it. Prohibits the State from changing any provision of its Constitution concerning height limitations on buildings without the consent of the Congress. Declares that nothing in this Act or the Constitution or laws of the State may be construed to permit it to refuse to allow an individual to serve as a qualified registered elector of the State solely because the individual resides in the National Capital Service Area. Sets forth election protocol for popular ratification of statehood. Provides for election of one member of the House of Representatives as well as two Senators. Maintains the laws that were territorially in effect. Continues any lawsuits already pending in District of Columbia courts. Establishes a Statehood Transition Commission.
United States · United States Congress · 5 January 1993
Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation (except in specified circumstances) of at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percentage of its FY 1994 through 1997 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Requires each recipient of such set-aside to pay a specified percentage of it to the Parren J. Mitchell Institute for Business Education for entrepreneurial and capital formation programs. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.
United States · United States Congress · 5 January 1993
Commission to Study Reparation Proposals for African Americans Act - Establishes the Commission to Study Reparation Proposals for African Americans to examine slavery and discrimination in the colonies and the United States from 1619 to the present and recommend appropriate remedies. Authorizes appropriations.
United States · United States Congress · 5 January 1993
Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a U.S. person of first amendment rights, except in conformance with specified procedures and standards.
![Official portrait of Rep. Thompson, Bennie G. [D-MS-2]](https://www.congress.gov/img/member/t000193_200.jpg)