United States · United States Congress · 11 March 1993
Urges President Clinton to: (1) continue working with Belgium, France, and other allies in applying diplomatic pressure necessary for democratic change in Zaire; (2) pressure President Mobutu to leave Zaire so that the legitimate transitional government can complete the process of democratization as mandated by the Sovereign National Conference; and (3) impose a variety of sanctions on President Mobutu, including freezing the bank accounts of, and denying visas to, President Mobutu, his family, and associates and expelling Mobutu's ambassador. Recommends that: (1) the United States support the suspension of Zaire from the International Monetary Fund and World Bank, impose an arms embargo, and ban all imports from Zaire if further measures are needed to ensure Mobutu's departure; and (2) if the previously stated actions are unsuccessful, President Clinton encourage such allies to join the United States in urging the United Nations Security Council to consider other options, including intervention to stabilize the situation in Zaire. Urges President Clinton, upon the departure of President Mobutu, to consider waiving the Brook Amendment and all U.S. sanctions against Zaire to allow for emergency economic assistance to the transitional government.
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
Amends the Internal Revenue Code to provide that a qualified veteran, for purposes of eligibility for mortgage revenue bond financing, is one who meets applicable State law requirements. (Current law specifies deadlines to be met by such veterans.)
United States · United States Congress · 10 March 1993
Calls for the Defense Base Closure and Realignment Commission, when making recommendations to the President during 1993 for the closure of military installations, to give greater emphasis to the economic impact of such closures on the affected communities.
United States · United States Congress · 4 March 1993
Amends the Davis-Bacon Act to raise the threshold amount of contracts covered by such Act. Sets forth provisions relating to multiple contracts, apprentices, trainees, helpers, wage review, and administration of such Act. Amends the Copeland Anti-Kickback Act to revise payroll information reporting requirements. Directs the Secretary of Labor to study and report to the Congress on electronic reporting of such information.
United States · United States Congress · 4 March 1993
National Child Protection Act of 1993 - Establishes a national criminal background check system (System) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the System. Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the System. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders. Authorizes a State to have in effect procedures to permit a qualified entity to contact a State agency to request a nationwide background check. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this Act under specified circumstances; and (2) criteria for such certifications. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants: (1) for the computerization of, and the improvement of existing computerized criminal history files; (2) to improve accessibility to the System; and (3) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the System. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this Act.
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
Forest Biodiversity and Clearcutting Prohibition Act of 1993 - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974, the Federal Land Policy and Management Act of 1976, the National Wildlife Refuge System Administration Act of 1966, the National Indian Forest Resources Management Act, and other Federal law to provide for the conservation of native biodiversity in each national forest community. Revises land management guidelines for such forests to prohibit any even-age logging or even-age management after one year of enactment of this Act. Directs the Secretary of Agriculture, on each site already under such management, to: (1) prescribe a shift to selection management within one year; or (2) cease managing for timber purposes and actively restore the native biodiversity or permit each site to regain its native biodiversity.
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 · 25 February 1993
Requires any foreign nation that conducts a nuclear weapons test in the United States to pay the costs associated with such test, including environmental restoration costs.
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 · 23 February 1993
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; (2) standards or other requirements relating to apprenticeship or other training programs; or (3) liens, bonding, or other security to collect delinquent contributions to a multiemployer plan.
United States · United States Congress · 23 February 1993
Department of Veterans Affairs Employment Discrimination Act - Establishes in the Department of Veterans Affairs an Office of Employment Discrimination Complaints Resolution headed by a Director who shall administer Department procedures for resolving complaints of unlawful employment discrimination. Requires the Secretary of Veterans Affairs to include certain information with respect to Office budgets and activities in annual budget documents submitted to the Congress. Directs Office employees to counsel and resolve the complaints of Department employees in an expeditious and impartial manner through informal investigation and conciliation. Outlines procedures for: (1) the investigation of complaints through either an informal resolution process or assignment to an administrative law judge; (2) a hearing and final agency decision by such a judge for cases unresolved through the informal process; and (3) review of final agency decisions by either the Equal Employment Opportunity Commission or the appropriate U.S. district court.
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
Gang Prevention and Youth Recreation Act of 1993 - Directs the Secretary of Health and Human Services (the Secretary) to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth. Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers. Requires such centers to offer for at-risk youth: (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, creative activities and arts, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth. Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt. Sets forth grant selection, allocation, and reporting requirements. Authorizes appropriations.
United States · United States Congress · 18 February 1993
Job and Life Skills Improvement Act of 1993 - Amends the Job Training Partnership Act to authorize the Secretary of Labor to establish a national program of Job and Life Skills Improvement grants to eligible entities to pay the Federal share of providing comprehensive services to youth and young adults in high poverty urban and rural areas. Authorizes appropriations.
United States · United States Congress · 18 February 1993
TABLE OF CONTENTS: Title I: School-Based or School-Linked Health and Social Services Center Grants Title II: State and Local Coordinated Youth Services Grants Subtitle A: Local Consortia Grants Subtitle B: Statewide Youth Services Center Grants Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs Title III: Implementation Provisions Title IV: Federal Coordinated Youth Services Initiatives Comprehensive Services for Youth Act of 1993 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Authorizes the Secretary, acting through the Administration, to award planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include specified types of local representatives. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or consortia. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of the core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Requires coordination and co-location of existing core services in a broader system of health and social services centers accessible to in-school or out-of-school youth (including adolescent parents and runaway and homeless youth), as well as coordination of core services with alternative education and job training and placement opportunities for them. Authorizes the Secretary, acting through the Administrator, to award planning grants to consortia or States. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to: (1) disseminate information on programs under this Act as well as successful and model programs and to provide technical assistance; and (2) collaborate with the Departments of Education and Labor and the Commission on National and Community Service in such efforts. Authorizes appropriations. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify program regulations or practices that impede coordination and collaboration; and (2) develop recommendations for creating jointly funded programs, unified assessments, application procedures, confidentiality regulations that facilitate information-sharing, and pertinent legislative action.
United States · United States Congress · 18 February 1993
Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Gives grant priority to administratve entities that assure giving priority to low-skilled workers as program participants. Requires that eligible participants have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods. Authorizes appropriations.
United States · United States Congress · 17 February 1993
Equity in Athletics Disclosure Act - Amends the Higher Education Act of 1965 to require institutions of higher education to disclose gender participation rates and program support expenditures in college athletic programs to prospective students and, upon request, to the public. Directs the Secretary of Education to compile and publish annual reports of such data reported to the Secretary by the institutions.
United States · United States Congress · 17 February 1993
TABLE OF CONTENTS: Title I: Participation by States in Adoption of Hazard Reduction Measures Title II: Primary Insurance Program Title III: National Earthquake, Volcanic Eruption, and Hurricane Excess Loss Reinsurance Program Earthquake, Volcanic Eruption, and Hurricane Hazards Insurance Act of 1993 - Title I: Participation by States in Adoption of Hazard Reduction Measures - Requires the Director of the Federal Emergency Management Agency (Director of FEMA) to identify earthquake-prone, volcanic eruption-prone, and hurricane-prone States and areas. Establishes the Earthquake, Volcanic Eruption, and Hurricane Loss Mitigation Advisory Committee. Requires development of loss-reduction criteria for State and local land use and management ordinances, building codes, and other measures. Requires that a percentage of the annual hurricane, earthquake, and volcanic eruption insurance and excess reinsurance premiums collected under the Primary Insurance program be deposited in a Self-Sustaining Mitigation Fund to support specified hazard reduction activities. Provides State assistance for development and implementation of mitigation plans. Prohibits making, increasing, extending, or renewing any federally-related mortgage loan secured by: (1) residential property in an earthquake-prone, volcanic eruption-prone, or hurricane-prone State unless the property is covered by earthquake and volcanic eruption insurance coverage under this Act or equivalent private insurance; or (2) improved real estate or a mobile home located in an earthquake-prone or volcanic eruption-prone State if the State is not in compliance with the loss-reduction criteria of this Act and the property does not meet minimum mitigation criteria. Title II: Primary Insurance Program - Requires the Director of FEMA to establish a Primary Insurance Program to provide national coverage for residential property (and related personal property) losses in earthquake-prone, volcanic eruption-prone, or hurricane-prone States. Establishes: (1) the Earthquake, Volcanic Eruption, and Hurricane Insurance and Reinsurance Advisory Committee; and (2) the Residential Property Insurance Fund in the Treasury. Title III: National Earthquake, Volcanic Eruption, and Hurricane Excess Loss Reinsurance Program - Requires the Director of FEMA to make reinsurance and excess reinsurance available to private insurers participating in the Program and their reinsurers. Provides for the excess reinsurance liability of the insurance industry and the Federal Government. Establishes in the Treasury the Reinsurance Fund to carry out the excess loss reinsurance program. Requires the Director of FEMA, to the extent that the Reinsurance Fund is insufficient to pay claims and expenses, to issue to the Secretary of the Treasury obligations to cover the insufficiency.
United States · United States Congress · 4 February 1993
National Wildlife Refuge System Management and Policy Act of 1993 - Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior (Secretary) from initiating or permitting a new use of a refuge or expanding, renewing, or extending an existing use unless it is determined that it is compatible with the purposes of the System and the refuge. Allows existing uses of such refuge system lands that have been determined compatible under this Act, or the Refuge Recreation Act, to continue under specified conditions. Terminates such use and revokes permits for it within five years after the enactment of this Act unless the Secretary determines that such use is compatible. Directs the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to establish a formal process for governing determinations of compatibility of an existing or proposed new use in a refuge with the purposes of the System and the refuge. Requires the head of each Federal agency that has, with respect to a refuge, an equivalent or secondary jurisdiction with the Department of the Interior, or conducts activities within any refuge, to ensure that any actions authorized, funded, or carried out will not impair the resources of the refuge or be incompatible with system or refuge purposes, unless the action is specifically authorized by law or necessary for national security. Directs the Secretary to: (1) prepare (and revise every ten years) a comprehensive plan for the System; and (2) prepare (and revise every 15 years) a comprehensive conservation plan for each refuge or ecologically related complex of refuges in the System, except those in Alaska. Authorizes appropriations. Grants the Secretary emergency power to suspend any activity in any range in the National Wildlife Refuge System that constitutes an imminent danger to the health and safety of any wildlife population, refuge, or to public health and safety.
United States · United States Congress · 4 February 1993
DNA Identification Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires the Director of the Federal Bureau of Investigation (FBI) to: (1) appoint an advisory board on DNA quality assurance methods; and (2) issue standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting such analyses. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from scenes, and analyses of DNA samples recovered from unidentified human remains. Makes the exchange of DNA identification records subject to cancellation if specified quality control and privacy requirements are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals, external proficiency testing; and (2) the Director to submit an annual report on the results of such tests to the House and Senate Judiciary Committees for five years and to arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory. Sets fines of up to $100,000 to be imposed upon individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal law enforcement agency by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations.
United States · United States Congress · 3 February 1993
Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to impose civil or criminal penalties upon persons who intentionally prevent other individuals from entering or exiting a medical facility. Permits aggrieved individuals to obtain appropriate relief through civil actions.
United States · United States Congress · 3 February 1993
Veterans' Compensation Rates Codification Act of 1993 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children.
United States · United States Congress · 26 January 1993
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed.
United States · United States Congress · 21 January 1993
California Desert Protection Act of 1993 - Title I: Wilderness Additions - Designates as wilderness and components of the National Wilderness Preservation System specified lands in: (1) the California Desert Conservation Area (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management; (2) the Havasu National Wildlife Refuge, California; and (3) the Imperial National Wildlife Refuge, California. Designates specified CDCA lands as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Title IV: Mojave National Monument - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Abolishes the East Mojave National Scenic Area. Designates the Granite Mountains Natural Reserve within the Monument. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary of the Interior (Secretary) to transfer specified Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Directs the Secretary to insure access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Directs the Secretary, upon request, to enter into negotiations for an agreement to exchange certain Federal lands for California State School Lands and lands of the Catellus Development Corporation that are located within the boundaries of a wilderness area or park unit designated by this Act. Title VII: Definitions - Sets forth definitions.
United States · United States Congress · 21 January 1993
Link-up for Learning Act - Establishes a program of grants to local educational agencies (LEAs) in partnership with other eligible entities for coordinated educational and other student support services for at-risk youth. Makes eligible to apply for such a grant: (1) an LEA that seeks to plan and implement a coordinated services program for at-risk students with at least one other cooperating public agency; and (2) a consortium, including at least one LEA and one cooperating public service agency, formed to coordinate support services for at-risk students. Allows nonprofit organizations, institutions of higher education, and private enterprises with experience or expertise in providing services for at-risk students also to participate as cooperating agencies. Allows educationally deprived students and their family members to receive services provided by a project under this Act. Allows an eligible LEA to select any school, grade span, or program area for project services, providing such student eligibility requirements are met and the project design is of adequate size, scope, and quality. Allows such grants to be for up to three years, subject to satisfactory progress. Limits the Federal share of project costs to 80 percent. Establishes a Federal Interagency Task Force to identify means to facilitate interagency collaboration at Federal, State, and local levels to improve support services for at-risk students. Requires the Task Force to: (1) eliminate program regulations or practices impeding coordination and collaboration; and (2) implement plans for jointly funded programs and unified eligibility and application procedures. Directs the Secretary of Education to study and report to the Congregrantees under this Act to identify regulatory and legislative obstacles to coordinated support services and innovative procedures and programs. Authorizes appropriations.
United States · United States Congress · 21 January 1993
Declares the sense of the House of Representatives that the full realization of the rights of women is vital and the President should complete the review of the Women's Human Rights Convention in order that the Senate may give its advice and consent to ratification.
United States · United States Congress · 6 January 1993
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 6 January 1993
States that rape is an unacceptable means of warfare and condemns the systematic and widespread rape of women and girls in Bosnia-Herzegovina (Bosnia). Applauds: (1) Secretary of State Eagleburger for denouncing crimes against humanity in the conflict in Bosnia and for calling for an international crimes tribunal to prosecute such crimes; and (2) the adoption of United Nations (UN) Security Council Resolution 798 and the declaration of the Council of Ministers of the European Community which denounced the systematic rape of Moslem women in such conflict. Urges the President to: (1) publicly condemn systematic rape in such conflict; (2) state that rape and forced pregnancy as tactics of war are crimes against humanity and war crimes; and (3) support the establishment by the UN of an international tribunal to prosecute such crimes. Urges that: (1) all countries participating in humanitarian relief efforts in the former Yugoslavia should allocate resources for the treatment of rape victims; and (2) all parties to the conflict should take steps to protect rights of women and girls.
United States · United States Congress · 6 January 1993
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and that provide that only trained employees be authorized to operate powered industrial trucks.
United States · United States Congress · 6 January 1993
Declares that the President should promptly seek the advice and consent of the Senate to ratification of the Convention on the Rights of the Child, adopted by the United Nations General Assembly with the support of the United States on November 20, 1989.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to provide special rules with respect to the nonrecognition of gain for principal residences compulsorily or involuntarily converted as a result of a presidentially-declared disaster. Requires the nonrecognition of gain of insurance proceeds for the contents of such residences. Allows insurance proceeds from personal property and real property to be lumped together into one common fund. Extends the time to replace a principal residence from two years to four years.
United States · United States Congress · 5 January 1993
Civil Rights Act of 1993 - Makes it unlawful to discriminate on account of a person's sexual orientation in employment, education, credit, housing, the sale or use of goods or services, with respect to any public facility, or in any federally assisted program or activity.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Amendments to the Federal Water Pollution Control Act Title II: Improved Wetlands Permitting; Revisions to Wetlands Delineation Procedures Title III: Wetlands Restoration Program Title IV: Tax Incentives for Wetlands Conservation Wetlands Reform Act of 1993 - Title I: Amendments to the Federal Water Pollution Control Act - Amends the Federal Water Pollution Control Act to make any pollutant discharge or alteration of navigable waters unlawful. Authorizes the issuance of permits for other alterations of navigable waters. Prohibits the issuance of permits if there is a practical alternative to the proposed activity that would have less adverse impact on navigable waters. Title II: Improved Wetlands Permitting; Revisions to Wetlands Delineation Procedures - Directs the Comptroller General to submit to the Congress an analysis of needs of the Corps of Engineers and Environmental Protection Agency for additional personnel, administrative resources, and funding to improve implementation of the wetlands permit program. Requires funds to be used for specified wetlands delineation and education programs. Requires the Director of the Fish and Wildlife Service to use funds for wetlands mapping and for the delineation of wetlands in watersheds and ecosystems for which the need for delineation is particularly acute. Prohibits revisions to or clarifications of any Federal manual for identifying and delineating jurisdictional wetlands or regulations related to the definition, delineation, or identification of wetlands until a specified National Academy of Sciences study has been completed. Title III: Wetlands Restoration Program - Directs the Secretary of the Army to initiate a pilot program of wetlands restoration. Title IV: Tax Incentives for Wetlands Conservation - Directs the Secretary of the Interior to designate a nonprofit organization to be a Wetlands Stewardship Trust if such organization conforms to certain regulations, and includes among its primary purposes the acquisition of interests in wetlands, former wetlands, and associated real property for preservation purposes. Amends the Internal Revenue Code to set forth special rules for charitable contributions of wetlands to such trusts. Excludes from gross income amounts received by the owner of wetlands for allowing any person to use such lands in a compatible use (one that does not degrade the functions or values of such lands).
United States · United States Congress · 5 January 1993
Authorizes the Director of the Federal Bureau of Investigation or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person is a foreign power or agent (current law does not specify the type of information sought or the position of the designee); and (2) the name, address, and length of service of a person if the Director certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person have been used in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent concerning international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report semi-annually to the House and Senate Judiciary Committees concerning requests for information under this Act.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to make the targeted jobs credit permanent. Increases the maximum age requirement for employment of economically disadvantaged youth from 23 years to 25 years. Establishes economically disadvantaged veterans as members of targeted groups for purposes of the credit.
United States · United States Congress · 5 January 1993
Voting Rights Extension Act of 1993 - Amends the Voting Rights Act of 1965 to revise certain aspects of its coverage and to provide for the recovery of additional litigation expenses.
United States · United States Congress · 5 January 1993
Equal Remedies Act of 1993 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 5 January 1993
Insurance Competitive Pricing Act of 1993 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct of an individual engaged in such business involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to that of another type of insurance, or of any other service or product; or (4) monopolizing, or attempting to monopolize, any part of such business. Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; or (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade.
![Official portrait of Rep. Edwards, Don [D-CA-10]](https://www.congress.gov/img/member/e000064_200.jpg)