United States · United States Congress · 24 March 1993
Amends the National Housing Act to reduce the minimum mortgage downpayment necessary to qualify for mortgage insurance in Alaska, Guam, Hawaii, or the Virgin Islands.
United States · United States Congress · 24 March 1993
Sets forth certain restrictions with respect to the enclosure space and diet in the the raising of calves for veal. Subjects violators to specified civil and criminal remedies. Authorizes inspections by the Secretary of Agriculture or any designated representative.
United States · United States Congress · 24 March 1993
Calls upon the President to conclude negotiations leading to an "open skies" bilateral aviation agreement between the United States and the United Kingdom before March 17, 1994. Encourages the President, if the United Kingdom has prevented productive negotiation of an agreement, to eliminate rights previously authorized for British carriers that are not available to U.S. carriers. Declares that the Congress will not approve legislation to increase the amount of allowable investment in U.S. airlines by foreign nationals until the United States and United Kingdom have agreed to a new bilateral aviation agreement, consistent with the U.S. goals for liberalization.
United States · United States Congress · 18 March 1993
Alcohol Ingredient Labeling Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to deem a malt beverage, wine, or distilled spirit mislabeled unless it bears a label disclosing: (1) the alcoholic content; (2) the number of drinks (defining "drink" as .6 ounces of alcohol); (3) its ingredients and calories; (4) the common name of each ingredient, including additives; and (5) a toll-free number for help with a drinking problem. Authorizes appropriations for the toll-free number.
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 · 16 March 1993
Standby Guardianship Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require States to have laws that permit a parent who is chronically ill or near death to designate a standby guardian for a minor child without surrendering parental rights.
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 · 10 March 1993
Birth Defects Prevention Act of 1993 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Authorizes appropriations.
United States · United States Congress · 10 March 1993
TABLE OF CONTENTS: Title I: Establishment of Federal Insurance Solvency Commission Title II: National Standards for the Financial Condition of Insurers in Interstate Commerce and Federal Certificates of Solvency for Insurers Title III: Federal Certificates to Provide Reinsurance Title IV: Regulatory Enforcement Title V: National Insurance Protection Corporation Title VI: National Association of Registered Agents and Brokers Title VII: Rehabilitation and Liquidation Title VIII: Definitions Title IX: Technical and Conforming Amendments Federal Insurance Solvency Act of 1993 - Title I: Establishment of Federal Insurance Solvency Commission - (Sec. 101) Establishes the Federal Insurance Solvency Commission (the Commission) as an independent regulatory agency to oversee the financial soundness of the insurance industry. (Sec. 107) Directs the Commission to investigate: (1) each insolvent insurer or reinsurer which holds a Federal certificate of solvency to determine the causes of the insolvency; and (2) the insolvencies of other insurers relevant to the financial condition of the national insurance industry. (Sec. 108) Requires the Commission to establish an information data base regarding persons convicted of a crime or administratively disciplined for insurance related activity, or who have been senior officers or directors of insolvent insurers or reinsurers. (Sec. 110) Establishes the Federal Insurance Regulation Advisory Committee. (Sec. 112) Authorizes appropriations. Title II: National Standards for the Financial Condition of Insurers in Interstate Commerce and Federal Certificates of Solvency for Insurers - (Sec. 201) Directs the Commission to: (1) establish national standards for the financial soundness of all insurers in interstate commerce according to prescribed criteria; and (2) regulate the financial condition of insurers in interstate commerce that obtain a Federal certificate of solvency under such standards. Prohibits any State insurance regulatory agency from regulating the financial condition of such an insurer. (Secs. 202-204) Authorizes the Commission to issue Federal certificates of solvency to insurers meeting such standards. Directs the Commission to establish standards for domestic insurers, including U.S. branches of foreign insurers, according to prescribed guidelines. Sets forth additional criteria for Federal solvency certificates for domestic and foreign insurers to write surplus line insurance. (Sec. 205) Requires each federally certified insurer to be a member of the National Insurance Protection Corporation (NIPC) established by this Act. (Sec 206) Authorizes the Commission to suspend or revoke a certificate of solvency for non-compliance with its standards. States that as a result of such action an insurer will lose NIPC membership status and will be prohibited from selling insurance. (Sec. 207) Subjects federally certified insurers to State regulatory and oversight within certain parameters. Exempts from State regulations certain federally certified insurers designated as highly capitalized by the Commission. Vests the Commission with: (1) responsibility to establish standards for such insurers; and (2) exclusive Federal jurisdiction over complaints regarding the business conduct of such insurers with respect to large insurance buyers. Title III: Federal Certificates for Providers of Reinsurance - (Sec. 301) - Authorizes the Commission to establish standards and procedures for granting certificates: (1) for professional reinsurers; and (2) to provide reinsurance for certain other reinsurers and insurers. Directs the Commission to: (1) require each certificate holder to submit an annual financial status report; and (2) establish criteria for becoming a qualified financial institution for the purpose of establishing certain trust funds (thus permitting foreign banks with a United States presence to apply for such acceptance). (Sec. 303) Directs the Commission to establish certification standards and procedures for: (1) reinsurance; (2) trust funds; and (3) foreign applicants. (Sec. 306) Exempts certain certified professional reinsurers from a State licensing or regulatory scheme. Subjects to State regulation certain insurers and reinsurers that do not seek certification as professionals. Title IV: Regulatory Enforcement - (Sec. 403) Sets forth an accounting standards and regulatory scheme. (Sec. 405) Requires federally certified insurers and reinsurers who are incorporated and part of a holding company system to register with the Commission. (Sec. 407) Grants the Commission exclusive jurisdiction over mergers, acquisitions, and transactions that involve only federally certified insurers or reinsurers. Provides for shared jurisdiction between the Commission and State insurance regulators over a holding company system which includes both federally certified and non-federally certified insurers and reinsurers. Provides that if either regulator disapproves of a holding company system transaction within its respective jurisdiction, the transaction shall not proceed. (Sec. 408) Enumerates the criteria for transactions within a holding company system which includes an insurer or reinsurer. Requires the Commission's or the State's prior approval for certain transactions between insurer or reinsurer and any affiliate within a holding company system. Grants the Commission and State insurance regulators civil penalty and enforcement powers. (Sec. 410) Provides whistleblower protection and remedies to employees of federally certified insurers and reinsurers. Title V: National Insurance Protection Corporation - (Secs. 501-502) Establishes the National Insurance Protection Corporation as a non-governmental, nonprofit corporation to provide: (1) timely payment and protection against losses; and (2) continuation of coverage in the event of financial impairment or insolvency of federally certificated insurers. (Sec. 503) Grants the Commission oversight and supervisory powers over the NIPC. (Sec. 512) Establishes the NIPC Fund solely to pay NIPC administrative expenses and covered claims. (Sec. 513) Specifies the scope of insurance contracts guaranteed under this Act. (Sec. 514) Sets forth guidelines for assessments on NIPC member insurers. (Sec. 517) Requires the NIPC to notify the Commission whenever it concludes that changes in the insurance marketplace may impact negatively on the financial condition of federally certified insurers and reinsurers. (Sec. 518) Limits the liability of member insurers to claims covered by NIPC assessments. Sets forth liability and assessment parameters for member insurers with respect to State law or a State guaranty fund. (Sec. 521) Requires the NIPC to assist the Commission in developing improved standards for insurance solvency prevention and detection. Title VI: National Association of Registered Agents and Brokers - (Secs. 601-603) Establishes the National Association of Registered Agents and Brokers (NARAB) as a nonprofit, nongovernmental corporation to provide a mechanism by which the multi-State services of State-licensed insurance producers may be more efficiently provided to policyholders, while preserving the rights of States to regulate insurance producers. Subjects NARAB to Commission oversight and supervision. (Sec. 604) Makes NARAB membership available to all State-licensed insurance producers. (Sec. 613) Subjects all NARAB members that are insurance producers to assessments to cover administrative costs. (Sec. 616) Retains the States' regulatory mechanisms regarding insurance producers. Preempts State regulatory mechanisms purporting to restrict NARAB members, or impose discriminatory conditions upon them. Title VII: Rehabilitation and Liquidation - (Secs. 701-703) Requires the Commission: (1) to act as receiver of any federally certified insurer or reinsurer for rehabilitation or liquidation purposes; and (2) to be appointed as receiver in proceedings instituted pursuant to this Act. States that the appropriate State insurance regulator shall act as receiver of any insurer or reinsurer which does not have a Federal certificate. (Sec. 719) Directs the Commission and the appropriate State insurance regulator to administratively seize an insurer or reinsurer whose financial condition is substantially and imminently threatened. (Secs. 714-728) Prescribes the administrative and procedural guidelines for both foreign and domestic insurers and reinsurers placed under Commission or State receivership, rehabilitation, or liquidation. Title VIII: Definitions - (Sec. 801) Defines terms used in this Act. Title IX: Technical and Conforming Amendments - (Sec. 901) Makes technical and conforming amendments to the United States Code.
United States · United States Congress · 10 March 1993
TABLE OF CONTENTS: Title I: Participation by States in Adoption of Hazard Reduction of Measures Title II: National Hurricane Insurance Program Title III: National Hurricane Excess Loss Reinsurance Hurricane Hazard Reduction Act - Title I: Participation by States in Adoption of Hazard Reduction Measures - (Secs. 101 and 102) Directs the Director of the Federal Emergency Management Agency (the Director) to: (1) identify and publish in the Federal Register those States and areas exposed to significant hurricane hazards; (2) develop comprehensive loss-reduction criteria and accompanying regulations for State and local land use ordinances and building codes; and (3) provide technical assistance to governmental entities to implement such loss-reduction measures. (Sec. 103) Establishes the Hurricane Loss Mitigation Advisory Committee (the Committee) to review the loss reduction criteria and advise the Director accordingly. (Sec. 104) Mandates that: (1) a percentage of hurricane insurance premiums collected under the Primary Insurance Program (established by this Act) be deposited annually in a separate Self-Sustaining Mitigation Fund (the Fund); (2) the Fund be used to support designated hurricane hazard reduction activities; and (3) the Director provide assistance to a hurricane education program. (Sec. 106) Prohibits making any federally related mortgage loan secured by residential property located in a hurricane zone unless the property securing the loan has hurricane insurance. (Sec. 107) Requires Federal regulatory agencies to prohibit the lending institutions under their purview from participating in federally related mortgage loans secured by improved real estate or a mobile home located in a hurricane-prone State if neither the State nor the property is in compliance with this Act. Title II: National Hurricane Insurance Program - (Secs. 201-203) Requires the Director to: (1) establish a national hurricane insurance program for residential properties and additional properties if so indicated by further studies); and (2) establish insurability criteria for residential property. (Secs. 204 and 205) Authorizes the Director to prescribe actuarial premium rates for residential property insurance coverage. Directs the Director, based upon such rates, to prescribe chargeable premium rates for hurricane coverage. (Sec. 207) Establishes the Hurricane Insurance and Reinsurance Advisory Committee to: (1) review the Director's draft plan of operation for the national hurricane insurance program; and (2) submit to the Director and the Congress biannual evaluations of the Primary Insurance Program and the Reinsurance Program established by this Act. (Sec. 208) Establishes the Residential Property Insurance Fund to implement the Primary Insurance Program and to reimburse private insurers providing hurricane coverage. (Sec. 209) Authorizes the Director to borrow from the Treasury if the Insurance Fund cannot pay claims and expenses. Title III: National Hurricane Excess Loss Reinsurance Program - (Secs. 301-303) Requires the Director to: (1) establish a national hurricane excess loss insurance program to provide reinsurance coverage to private insurers and reinsurers for hurricane-related losses that would otherwise be ineligible for coverage under this Act; (2) provide excess loss reinsurance coverage for designated lines of insurance; and (3) establish rates for excess loss reinsurance coverage. (Sec. 305) Establishes the Reinsurance Fund to implement the Reinsurance program. Authorizes the Director to borrow from the Treasury if the Fund cannot pay claims and expenses.
United States · United States Congress · 10 March 1993
Urges the President to urge the: (1) United Kingdom to take prompt steps toward the realization of reconciliation in Northern Ireland by the initiation of a process for the declaration and constitutional incorporation of human rights and civil liberties, similar to the U.S. Bill of Rights and European Convention on Human Rights; and (2) European Community to take action to ensure that the Government of the United Kingdom is brought up to par with the rest of the Community's member nations in the oversight and protection of human rights and civil liberties in Northern Ireland.
United States · United States Congress · 9 March 1993
TABLE OF CONTENTS: Title I: Federal Insurance Administration Title II: Regulation of Foreign Insurers Title III: Liquidity Assistance by Federal Reserve Banks to Well-Capitalized Insurance Companies Title IV: Disclosure of Insurance Availability Information Federal Insurance Administration Act - Title I: Federal Insurance Administration - Reestablishes the Federal Insurance Administration of the Federal Emergency Management Agency as an independent entity called the Federal Insurance Administration (FIA). Transfers to the FIA Administrator all functions of the Director of the Federal Emergency Management Agency with respect to crime and flood insurance. Title II: Regulation of Foreign Insurers - Requires a foreign insurer to be certified by the FIA Administrator as the prerequisite for acting as a direct insurer. Requires the Administrator to set certification standards according to prescribed guidelines. Precludes direct insurers who are either licensed or certified from claiming reinsurance from a foreign reinsurer for liability purposes unless the foreign reinsurer is similarly FIA-certified. Directs the Administrator to establish standards for foreign insurers and reinsurers with respect to their financial statements and examinations of their financial condition. Provides for decertification for non-compliance with this Act. Requires the Administrator to establish and make available to law enforcement and regulatory agencies a national data base regarding illegal insurance and reinsurance activities. Sets forth civil and criminal penalties for non-compliance. Title III: Liquidity Assistance by Federal Reserve Banks to Well-Capitalized Insurance Companies - Insurance Liquidity and Solvency Act of 1993 - Directs the Administrator to establish eligibility criteria for liquidity assistance by Federal Reserve banks to insurance companies meeting certain financial status requirements. Provides for decertification for non-compliance with this Act. Prescribes liquidity assistance application procedures. Amends the Federal Reserve Act to prescribe procedures for liquidity assistance to approved insurance companies. Title IV: Disclosure of Insurance Availability Information - Insurance Disclosure Act - Requires certain designated sellers of insurance to submit annually to the Administrator specified information regarding where and to whom they have sold insurance. Directs the Administrator to establish publicly accessible central depositories of such information. Directs the Administrator to promulgate regulations to ensure that the termination practices used for agents who handle private mortgage, property, or casualty insurance do not result in unfair discrimination against such agents because of either their geographic locations or that of their clients. Directs the Administrator to: (1) compile annually for each Metropolitan Statistical Area (MSA) aggregate data by census tract regarding certain designated insurers; and (2) produce tables for each MSA indicating aggregate insurance underwriting patterns for various categories of census tracts grouped according to location, age of property, income level, and racial characteristics.
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 · 2 March 1993
Justice for Wards Cove Workers Act - Amends the Civil Rights Act of 1991 to remove a provision excluding from application of the Act any disparate impact case filed before March 1, 1975, and decided after October 30, 1983. (Wards Cove Packing Co. v. Atonio, 1989, held that, in cases brought under title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.)
United States · United States Congress · 2 March 1993
Air Traffic Supervisor Retirement Reform Act of 1993 - Provides that service performed by certain civilian employees of the Departments of Transportation or Defense holding positions for which experience as an air traffic controller is a prerequisite (air traffic second-level supervisors and managers) shall be creditable for retirement under the Civil Service and Federal Employees' Retirement Systems.
United States · United States Congress · 2 March 1993
Declares that it is the sense of the Congress that: (1) access to health care services is a fundamental human right; (2) all legislative proposals by the President and the Congress concerning national health care reform and any initiatives to improve the delivery of health care should be based upon recognition of such right; and (3) legislative proposals should be specifically developed which make policy changes necessary to protect and guarantee such right.
United States · United States Congress · 24 February 1993
TABLE OF CONTENTS: Title I: Safe Streets For Women Subtitle A: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women Subtitle B: Rape Prevention Programs Subtitle C: Victim Compensation Subtitle D: National Board on Violent Crime Against Women Subtitle E: Safe Campuses for Women Title II: Safe Homes for Women Subtitle A: Interstate Enforcement Subtitle B: Arrest in Domestic Violence Cases Subtitle C: Safe Homes for Immigrant Women Subtitle D: Confidentiality for Abused Persons Title III: Civil Rights Title IV: Equal Justice for Women in the Courts Subtitle A: New Evidentiary Rules Subtitle B: Education and Training for Judges and Court Personnel in State Courts Subtitle C: 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: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Director of the Bureau of Justice Assistance to: (1) make grants to reduce the rate of violent crimes against women to States and nonprofit nongovernmental victim services programs, and to Indian tribes, tribal organizations, or nongovernmental domestic violence and sexual assault victim services programs on Indian reservations; and (2) request any Federal agency, with or without reimbursement, to use its authorities and resources to support such State and local efforts. (Sec. 112) Specifies that no State is entitled to funds under this title unless the State or other grantee incurs the full cost of forensic medical exams for victims of sexual assault. Subtitle B: Rape Prevention Programs - Chapter 1: Rape Prevention Grants - Authorizes the Director to make education and prevention grants to reduce sexual assaults against women. Chapter 2: Offender Training and Information Programs - Directs the: (1) National Institute of Justice to establish criteria and develop training programs to assist probation and parole officer and other personnel who work with released sex offenders in the areas of case management, supervision, and relapse prevention; and (2) Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding treatment programs in the community into which a convicted sex offender is released is made available to persons imprisoned for sexual abuse offenses. Subtitle C: Victim Compensation - Amends the Federal criminal code to require that a court order restitution for violations of Federal sexual abuse laws. Subtitle D: National Board on Violent Crime Against Women - Establishes an Interagency Advisory Board on Violent Crime Against Women to assess and review, and make recommendations regarding, policies and practices of the Government regarding violence against women. Subtitle E: Safe Campuses for Women - Directs the Attorney General to provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims. Title II: Safe Homes for Women - Safe Homes for Women Act - Subtitle A: Interstate Enforcement - Amends the Federal criminal code to establish penalties for traveling across a State line with the intent to: (1) contact that person's spouse or intimate partner and, in the course of such contact, intentionally committing a crime of violence causing bodily injury to such spouse or partner; and (2) engage in conduct that violates a protection order, or that would violate such order if the conduct occurred in the jurisdiction in which the order was issued, and engaging in such conduct. Requires that in any proceeding for the purpose of determining whether a defendant charged shall be released pending trial, or the conditions of such release, the alleged victim be given an opportunity to be heard regarding the danger posed by the defendant. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided that 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 B: Arrest in Domestic Violence Cases - Amends the Omnibus Act to authorize the Director to make grants to eligible States, Indian tribes, municipalities, or local governmental entities to encourage arrest policies in domestic violence cases, including mandatory arrest programs for protective order violations and improving judicial handling of domestic violence cases. Subtitle C: Safe Homes for Immigrant Women - Amends the Immigration and Nationality Act to: (1) permit an alien to petition for preference or immediate relative status under the Act (currently, only a U.S. citizen may petition claiming that an alien is entitled to such status), and provide that such a petition may only be withdrawn by the beneficiary or self-petitioner; (2) provide that an abused alien family member shall be considered to remain the spouse or child of a citizen or resident abuser after the legal termination of the marriage through which the member seeks immigrant status if specified conditions are met; and (3) provide for a stay of deportation and the granting of work authorization for abused alien family members until such time as an immigrant visa is available and the alien's application for adjustment of status has been finally adjudicated by the Attorney General (but authorizes the Attorney General to revoke the work authorization of, and initiate deportation proceedings against, any alien who has fraudulently made a claim to be an abused alien family member, if the alien has received notice of intent to revoke and has a reasonable opportunity to rebut evidence supporting the revocation). Subtitle D: Confidentiality for Abused Persons - Directs the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses or otherwise prohibit the disclosure of an abused person's address, subject to specified requirements. Title III: Civil Rights - Declares that all individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from crimes of violence motivated by the victim's gender. Permits individuals deprived of such right to bring a civil action for compensatory damages, punitive damages, injunctive relief, declaratory relief, or any combination thereof, subject to specified limitations. Title IV: Equal Justice for Women in the Courts - Subtitle A: New Evidentiary Rules - Amends the Federal Rules of Evidence to make evidentiary rulings pursuant to Rule 412 (Rape Cases; Relevance of Victim's Past Behavior) subject to interlocutory appeal by the Government. (Sec. 402) Makes reputation or opinion evidence of the past sexual behavior of an alleged victim inadmissible in a criminal case, other than a sex offense case. 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. 403) Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Allows other types of evidence of a plaintiff's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 404) 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 B: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to award grants to develop, test, present, and disseminate model programs to be used by States in training judges and court personnel in the laws of the State on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Subtitle C: Education and Training for Judges and Court Personnel in Federal Courts - Directs the: (1) circuit judicial councils to conduct studies of the instances of gender bias in their respective circuits; (2) Judicial Conference of the United States to designate an entity within the judicial branch to act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces and to respond to requests for such reports and materials; and (3) Federal Judicial Center to include in its educational programs information on issues related to gender bias in the courts, prepare materials necessary to accomplish that end, and take into consideration the findings and recommendations of such studies and consult with individuals and groups with relevant expertise in gender bias issues as it prepares or revises such materials.
United States · United States Congress · 24 February 1993
Provides that this Act shall constitute a commitment of the United States to provide a specified amount of direct grant assistance to the Government of the Northern Mariana Islands for capital infrastructure construction.
United States · United States Congress · 24 February 1993
Declares that it is the sense of the Congress that any legislation enacted to reform the health care system must: (1) ensure that every person has access to coverage for medically and psychologically necessary treatments for mental disorders that is equitable to the coverage provided for treatments of physical illnesses; and (2) meet specified requirements concerning coverage, consumer choice, financial protection, financing policies, and coordination across Federal, State, and local programs.
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 · 18 February 1993
World University Games Commemorative Coin Act of 1993 - Authorizes the minting and issuance of five-dollar gold coins and one-dollar silver coins to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 18 February 1993
Provides for the appointment of candidates to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.
United States · United States Congress · 17 February 1993
Amends the Federal Aviation Act of 1958 to prohibit the issuance of a certificate of public convenience and necessity authorizing an air carrier to engage in air transportation to any applicant which is controlled by a person who has controlled one or more air carriers which have filed, in the aggregate, two or more petitions for bankruptcy.
United States · United States Congress · 16 February 1993
Prescription Drug Prices Review Board Act of 1993 - Establishes in the Food and Drug Administration the Patented Medicine Prices Review Board which shall have the power to decrease the length of term of a prescription drug patent if, after notice and a hearing, it is found that the drug's price is excessive. Defines the term excessive price. Allows the Board to require the recapture of tax benefits provided to the patentee of an excessively priced drug.
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
National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum (the Museum) to be operated as a center for scholarship and museum training and a location for education, research, events, and collection and display of items and materials relating to the life, art, history, and culture of African Americans. Authorizes the Board of Regents of the Smithsonian Institution (Board of Regents) to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum. Establishes a Board of Trustees of the Museum (Board of Trustees) in the Smithsonian Institution. Sets forth various duties of the Board of Trustees, including: (1) establishing and supporting cooperative programs with other museums and institutions; and (2) reporting annually to the Board of Regents. Directs the Secretary of the Smithsonian Institution to appoint a Director to manage the Museum (as well as appointing five other Museum employees). Authorizes appropriations.
United States · United States Congress · 4 February 1993
National Institute on Minority Health Act - Amends the Public Health Service Act to declare that the National Institute on Minority Health's purpose is the conduct and support of research, training, information dissemination, and other programs regarding minority health, including the advancement of opportunities for and recruitment of minorities for training and placement as health professionals. Adds the Institute to the list of research institutes of the National Institutes of Health.
United States · United States Congress · 4 February 1993
Community Services Empowerment Amendments of 1993 - Amends the Omnibus Budget Reconciliation Act of 1981 to establish the National Community Services Empowerment Partnership Corporation (Corporation). Authorizes the Corporation to appoint a Community Services Empowerment Advisory Committee. Establishes in the Corporation an Office of Inspector General. Authorizes the Corporation to make grants to existing or emerging community services empowerment corporations (corporations) for revolving funds that will provide assistance for business and employment opportunities in low-income urban and rural areas. Obligates at least ten percent of existing corporation annual appropriations for loans and capital investments to locally-owned small enterprises in high unemployment areas. Sets forth provisions regarding: (1) eligibility requirements; (2) aggregate grant limits; (3) limitations on capital investment, administrative costs, technical assistance, and training; and (4) limitations on loan repayments and capital investment proceeds. Authorizes the Corporation to make grants for: (1) emerging corporation enhancement, technical assistance, and training; and (2) research and demonstration. Sets forth audit and reporting requirements. Authorizes appropriations.
United States · United States Congress · 3 February 1993
TABLE OF CONTENTS: Title I: Biotechnological Process Patents Title II: Biotechnological Material Patents Title I: Biotechnological Process Patents - Amends Federal patent law to cite conditions under which a claimed process of making or using a machine, manufacture, or composition of matter is not obvious (thereby enhancing the patentability prospects of certain biotechnology processes). Establishes a presumption of validity with respect to a process claim even through a related product claim is invalidated (thus allowing a patentee to prove that the process claim is independently patentable from the product claim). Title II: Biotechnological Material Patents - Makes any unauthorized person who imports or sells a product made by using a biotechnological material that is patented in the United States liable for patent infringement. Includes within the terms of such patents the right to exclude others from using, selling, or importing such products throughout or into the United States. Establishes exceptions to such requirements to the extent suitable to protect commercial investment made or business commenced before the effective date of such amendments.
United States · United States Congress · 3 February 1993
Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of Thomas Jefferson and his home, Monticello. Mandates that all surcharges received from the sale of such coins be paid to the Jefferson Endowment Fund, and to the Corporation for Jefferson's Poplar Forest. Expresses the sense of the Congress that the coin program shall be self-sustaining and that its administration should result in no net cost to the Numismatic Public Enterprise Fund.
United States · United States Congress · 3 February 1993
Drug Free Truck Stop Act of 1993 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 3 February 1993
Windstorm Hazard Reduction Plan Act of 1993 - Directs the Director of the Federal Emergency Management Agency to: (1) develop a plan for establishing and carrying out a national windstorm insurance program; and (2) submit it along with other specified information to specified congressional committees.
United States · United States Congress · 2 February 1993
Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency to issue guidelines for enforcing a nonsmoking policy at each Federal agency that prohibits, at a minimum, smoking in each portion of a Federal building that is not ventilated separately. Directs the heads of Federal agencies, the Director of the Administrative Office of the U.S. Courts, and specified entities of the legislative branch to adopt nonsmoking policies that meet the guideline requirements. Authorizes Federal agencies to petition for a waiver from the general requirements if extenuating circumstances prevent enforcement and such agencies make a good-faith effort to enforce an alternative policy. Requires Federal agencies in which a labor organization is recognized as a bargaining unit to ensure implementation of the requirements that affect work areas predominantly occupied by employees represented by such organization. Exempts such work areas from the policy if a collective bargaining agreement exists that includes provisions relating to smoking privileges that are in violation of this Act. Terminates such exemption on the earlier of the first expiration date of the agreement or one year after the issuance of the guidelines. Requires the Administrator to establish an outreach program on the dangers of environmental tobacco smoke. Directs the Administrator to establish an Environmental Tobacco Smoke Advisory Office. Requires each person who uses Federal funds to provide children's services to establish and enforce a nonsmoking policy that: (1) prohibits smoking in each portion of the facility used in connection with children's services; and (2) provides for the posting of signs stating that smoking is not permitted. Authorizes persons who make a good-faith effort to enforce a policy that meets such requirements to petition their funding agency for a waiver from the general requirements. Sets forth conditions for granting waivers. Provides for special waivers for persons who provide children's services pursuant to certain collective bargaining agreements. Prescribes civil penalties for violations of this Act. Exempts specified individuals from this Act.
![Official portrait of Del. de Lugo, Ron [D-VI-At Large]](https://www.congress.gov/img/member/d000209_200.jpg)