United States · United States Congress · 10 March 1993
TABLE OF CONTENTS: Title I: Safety and Health Programs Title II: Safety and Health Committees and Employee Safety and Health Representatives Title III: Coverage Title IV: Occupational Safety and Health Standards Title V: Enforcement Title VI: Protection of Employees from Discrimination Title VII: Technical Assistance and Training Title VIII: Recordkeeping and Reporting Title IX: NIOSH Title X: State Plans Title XI: Victim's Rights Title XII: Construction Safety Title XIII: Worker's Compensation Study Title XIV: Administration Title XV: Effective Date Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - (Sec. 101) Amends requirements for each employer to set up and carry out a written occupational safety and health program that includes specified methods and procedures. Title II: Safety and Health Committees and Employee Safety and Health Representatives - (Sec. 201) Amends OSHA to require each employer of 11 or more employees (each for 20 or more hours per week) to provide for: (1) health committees; and (2) employee safety and health representatives. Authorizes the Secretary of Labor (the Secretary), upon the employer's application, to approve establishment of an alternative method of employee participation in worksite health and safety activities in a manner at least as effective as committee participation, if such alternative mechanism meets specified conditions. Provides for employee participation in the Secretary's inspections of workplaces. Title III: Coverage - (Sec. 301) Revises the OSHA definition of employer to extend OSHA coverage to States and local government employees. (Sec. 302) Directs the Committee on House Administration of the House of Representatives to establish a comprehensive occupational safety and health program meeting specified OSHA and other requirements. (Sec. 303) Applies OSHA to employment performed in Federal nuclear facilities under the control or jurisdiction of the Department of Energy. (Sec. 304) Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - (Sec. 401) Specifies timeframes and procedures for setting OSHA standards. (Sec. 403) Requires each OSHA standard to prescribe requirements for recording or reporting work-related adverse medical conditions determined as a result of medical examinations or test. (Sec. 404) Requires public disclosure of all communications on OSHA standards with parties outside the Department of Labor, including those with executive branch officials (except the President). (Sec. 405) Directs the Secretary, in cooperation with the Secretary of Health and Human Services (HHS) acting through the National Institute for Occupational Safety and Health (NIOSH) to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. (Sec. 406 and 407) Directs the Secretary to promulgate final standards: (1) on exposure monitoring and medical surveillance programs; and (2) on ergonomic hazards to protect employees from work-related musculoskeletal disorders. (Sec. 408) Requires that emergency temporary standards: (1) be issued based on the best available evidence; and (2) remain in effect for no more than 18 months (currently six months). (Sec. 409) Directs the Secretary to issue, within 60 days, an interim final regulation reducing permissible exposure limits to toxic substances, including a specified final rule on air contaminants and a proposed rule on air contaminants for construction, agriculture, and maritime. Title V: Enforcement - (Sec. 501) Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed hours worked, with no loss of wages, benefits, or other terms and conditions of employent. (Sec. 502) Requires the Secretary to notify employees or their representatives, within 30 days after receipt of their request for inspection, of the Secretary's determination that there are no reasonable grounds to believe a violation or danger exists. (Sec. 503) Requires the Secretary to make a special inspection upon notification by any Federal or State agency of reasonable grounds to believe that a violation of OSHA or specified safety and health standards exists that threatens physical harm. (Sec. 504) Directs the Secretary to carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. (Sec. 505) Requires the Secretary to investigate any work-related death or serious incident resulting in hospitalization of two or more employees. Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in an investigation. (Sec. 506) Revises provisions for abatement of serious hazards during employer contests to a citation. (Sec. 507) Grants employees the right to contest a citation's designation of the character of a violation or any proposed penalties as inadequate. (Sec. 508) Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. (Sec. 509) Requires the Occupational Safety and Health Review Commission's rules of procedure to provide for prompt notice to affected employees or their representatives if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to object to modifications or withdrawals of citations. (Sec. 510) Revises OSHA provisions for restraining imminent dangers. Grants employees the right to refuse to perform a duty identified as the source of an imminent danger, and prohibits discrimination against them for such refusal. Specifies a civil penalty against an employer for each day during which an employee continues to be exposed. (Sec. 511) Authorizes the Secretary to issue citations and assess penalties for violations of specified OSHA provisions relating to: (1) inspections, investigations, and recordkeeping; (2) safety and health programs; (3) safety and health committees; and (4) construction plans and programs. (Sec. 512) Revises OSHA criminal penalties to subject to them not only the employer but also certain officers, management officials, and supervisiors. Increases the maximum amount of fines and length of prison terms for specified violations. Establishes criminal penalties for a willful violation that causes serious bodily injury (currently, death only). Prohibits a penalty or fine imposed on a director, officer, or agent of an employer from being paid out of the employer's assets. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions. (Sec. 514) Directs the Secretary to establish an effective system for targeting inspections of worksites, with priority given to those with a high potential for death, serious injury, or exposures to toxic materials or harmful physical agents. (Sec. 515) Provides for the vacating of specified citations for violations if the employer demonstrates that certain conditions involving adequate employee training and work rule enforcement have been met. (Sec. 516) Increases the minimum penalty for specified types of serious offenses. Title VI: Protection of Employees from Discrimination - (Sec. 601) Extends OSHA antidiscrimination coverage to employees: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to themselves or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of discrimination complaints. Revises remedies. (Sec. 602) Requires the Secretary's regulations to include provisions requiring employers to post employee rights protections under such OSHA antidiscrimination provisions. Title VII: Technical Assistance and Training - (Section 701) Requires the Secretary to develop and disseminate curricula, model programs, and other information and materials to assist employers in complying with OSHA standards and requirements for safety and health programs, employee training and education, and safety and health committees. Directs the Secrtary to establish a program to provide technical assistance and consultative services concerning worksite safety and health to employers and employees. Requires targeting of such assistance and consultation at small employers, high hazard worksites, and high hazard industries. Establishes in the Treasury a revolving fund, the OSHA Assistance Fund, to pay for such programs. Directs the Secretary to impose fees to offset program costs. Title VIII: Recordkeeping and Reporting - (Sec. 801) Requires the Secretary to collect information and conduct analyses identifying: (1) industries, employers, processes, operations, and occupations, with a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; (3) workers' compensation costs associated with injuries and illnesses; and (4) employee exposure to toxic substances and harmful physical agents. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. (Sec. 802) Revises OSHA requirements for employer records and reports to include work-related illnesses reported by an employee or an employee's physician, unless the employer determines the illness is not work-related. (Sec. 803) Requires all such employer records and reports to be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - (Sec. 901) Requires NIOSH hazard to evaluation reports to evaluate whether any potentially hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. (Sec. 902) Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. (Sec. 903) Extends the authority of the Secretary of HHS, and of NIOSH, to inspect records to the Secretary's designees and contractors. (Sec. 904) Directs the Secretary of HHS, to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. (Sec. 905) Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. (Sec. 907) Includes education programs for employees and members of safety and health committees under NIOSH training provisions. Title X: State Plans - (Sec. 1001 and Sec. 1002) Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. (Sec. 1003) Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. (Sec. 1004 and Sec. 1005) Sets forth requirements and procedures for the Secretary of Labor to: (1) investigate complaints against a State's compliance with and enforcement of the State plan; and (2) take corrective action against such State noncompliance. (Sec. 1006) Requires States operating State safety and health plans to conform them to this Act. Title XI: Victim's Rights - (Sec. 1101) Provides for victims' rights under OSHA, including family members as well as the injured employee. Title XII: Construction Safety - (Sec. 1202) Amends OSHA to establish in the Occupational Safety and Health Administration (the Administration) an Office of Construction Safety, Health, and Education (the Office). Directs the Secretary of Labor (the Secretary) to: (1) identify construction employers with high rates of fatalities or lost workday injuries or illnesses or with patterns of noncompliance with health and safety requirements; (2) develop a system for notifying such employers; (3) establish courses and curricula for training OSHA inspectors an other OSHA employees with construction safety and health duties; (4) establish model compliance programs and assist employers, employees, and their representative organizations in setting up their training programs; and (5) establish a toll-free line on which reports, complaints, and notifications required under OSHA may be made. Establishes within the Administration the position of Deputy Assistant Secretary of Labor for Construction. (Sec. 1203) Establishes requirements for construction safety and health plans and programs, involving construction employers and designated project constructors and coordinators. (Sec. 1204) Directs the Secretary to establish an effective targeting system for general schedule construction inspections. Directs the Secretary to require constructors to report promptly any incident involving construction work that results in a fatality, an injury or illness causing two or more hospitalizations, or a structural failure or fire or explosion which caused or could have caused serious bodily injury to employees. (Sec. 1205) Expands the advisory jurisdiction of the Advisory Committee on Construction Safety and Health (the Committee). (Sec. 1206) Requires any State construction safety and health plan to contain requirements at least as effective as those imposed by the Act and the Contract Work Hours and Safety Standards Act. (Sec. 1207) Establishes in OSHA a Construction Safety and Health Academy to train OSHA employees who conduct construction worksite inspections and others the Secretary considers appropriate. (Sec. 1208) Considers a project constructor an employer for specified OSHA enforcement purposes. (Sec. 1209) Directs the Secretary to report to the President and the Congress annually on the construction industry and after three years on whether the office should be continued or a Construction Industry Safety and Health Administration should be established in the Department of Labor. (Sec. 1210) Directs the Secretary to recommend to specified congressional committees any legislative changes required to make safety records (including records of compliance with Federal safety and health laws and regulations) one criterion considered in the awarding of Federal construction contracts. Title XIII: Worker's Compensation Study - (Sec. 1301) Establishes the Federal Workers' Compensation Commission. Directs the Commission to study and report on workers' compensation laws and system with respect to specified issues. Title XIV: Administration - Establishes an Occupational Safety and Health Administration in the Department of Labor, to be headed by an Assistant Secretary for Occupational Safety and Health. Title XV: Effective Date - (Sec. 1501) Sets forth the effective date of this Act.
United States · United States Congress · 4 March 1993
Designates April 1993 as National African American Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make information available to the public on the health problems currently facing minority populations and on the careers and contributions of minority health professionals; and (2) present public service announcements on health promotion and disease prevention among African Americans.
United States · United States Congress · 4 March 1993
Urges the President to: (1) recognize the important role of rural areas when planning and implementing the economic agenda of the United States; and (2) place considerable emphasis on rural economic development when considering infrastructure, small business assistance, and education and development initiatives.
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 · 3 March 1993
Child Care Public-Private Partnership Act of 1993 - Directs the Secretary of Health and Human Services to establish a business-incentive grant program to provide child care through public-private partnerships. Provides program grants to cover not more than one-third of the costs for: (1) businesses or consortia (two or more businesses acting jointly, which may also include a nonprofit private organization) to start up, or provide additional, employee child care services; and (2) nonprofit business organizations to provide technical information and assistance to enable businesses to provide employee child care services. Sets forth eligibility and application requirements, including: (1) provision of such services equitably and affordably to low- and moderate-income employees; and (2) compliance with State and local licensing requirements. Gives priority in grant selection to businesses with fewer than 100 full-time employees and to business and consortia applications. Requires equitable geographic distribution. Authorizes appropriations.
United States · United States Congress · 2 March 1993
Amends Federal law to increase the Federal payments in lieu of taxes to units of local government for entitlement land. Requires the Secretary of the Interior to adjust such payments by the rate of inflation according to the Consumer Price Index.
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
Prohibits claims for any Postal Savings System deposit from being brought after December 31, 1998 (currently, within one year of the date of enactment of the Postal Savings Systems Statute of Limitations Act). Directs the Secretary of the Treasury to prepare a plan relating to the dissemination of information on the payment of claims with respect to Postal Savings System certificates of deposit.
United States · United States Congress · 25 February 1993
Elementary and Secondary School Library Media Act - Amends the Department of Education Organization Act to establish a Division of Elementary and Secondary School Library Media Services within the Office of Educational Research and Improvement. Requires the Director of the Division to award grants to States for acquisition of school library media resources for public elementary and secondary schools. Sets forth requirements for allocation to States, State plans, and State distribution of allocation to local educational agencies. Authorizes appropriations. Requires the Director to award grants for projects that: (1) encourage collaboration between public elementary and secondary library media specialists and teachers to develop instructional units that enable students to use a variety of information resources; and (2) expand students' information-gathering abilities and certain cognitive skills. Authorizes appropriations. Requires the Director to award grants to encourage collaborative elementary and secondary school library media specialist and teacher programs to: (1) expand use of computers and computer networks in the curriculum; and (2) enable elementary and secondary school library media centers to access information from computerized databases. Authorizes the Director to enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out this grants program. Authorizes appropriations. Requires that funds under this Act supplement and not supplant other Federal, State, or local funds.
United States · United States Congress · 24 February 1993
Small Business Loan Securitization and Secondary Market Enhancement Act of 1993 - Amends the Securities Exchange Act of 1934 to define a "small business related security" (SBRS) as generally a high rated security that represents and is secured by promissory notes evidencing, and that provides for payments of principal in relation to payments on the notes. Provides that SBRSs shall be exempt from: (1) certain restrictions in the margin and securities delivery rules; (2) certain restrictions on borrowing on securities by and lending among, brokers, dealers, and other members of national securities exchanges; and (3) certain prohibitions on the extension of credit by members of exchanges, brokers, and dealers against a security which was part of a new issue. Amends the Home Owners' Loan Act, the Federal Credit Union Act, and related statutes to allow banks, credit unions, and other depository institutions to invest in SBRSs. Amends the Secondary Mortgage Market Enhancement Act of 1984 to: (1) authorize any U.S. person or entity to invest in SBRS, to the same extent such person is authorized to invest in U.S. obligations issued; and (2) exempt SBRSs from any State law's security registration and qualification to the same extent that U.S. securities are so exempt. Provides for States to enact provisions prescribing specific requirement for SBRSs. Requires the accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required by appropriate Federal banking agencies to be uniform and consistent with generally accepted accounting principles. Prohibits the amount of capital required to be maintained by a depository institution with respect to the sale of a small business loan with recourse from exceeding an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. Requires an SBRS to be treated as a mortgage-backed security under the risk-based capital requirements applicable to insured depository institutions. Directs the Secretary of Labor to exclude transactions involving SBRSs from certain restrictions and taxes imposed on "prohibited transactions" Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (thereby allowing pension fund managers to participate in the pooling and packaging of small business loans for sale as securities). Requires the Secretary of the Treasury to promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein similar to the taxation of a real estate mortgage investment conduit and the holder of an interest therein under the Internal Revenue Code.
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
Amends the Internal Revenue Code to exempt from the additional tax on early distributions from retirement plans distributions to involuntarily unemployed individuals. Provides a method for such individuals to recontribute distributions and makes the recontributions deductible.
United States · United States Congress · 23 February 1993
Amends the Immigration and Nationality Act to require a criminal record report for certain aliens residing in the United States who apply for immigrant status.
United States · United States Congress · 18 February 1993
TABLE OF CONTENTS: Title I: Regulatory Impact on Credit Availability Subtitle A: General Provisions Subtitle B: Impact of Accounting and Capital Issues on Credit Availability Subtitle C: Disincentives to Risk-Taking Subtitle D: Miscellaneous Credit Availability Provisions Title II: Regulatory Micromanagement Title III: Unnecessary Cost, Paperwork and Regulation Subtitle A: General Provisions Subtitle B: Holding Company Efficiencies Title IV: Consumer Inconvenience, Paperwork, and Cost; Other Non-Supervisory Reforms Subtitle A: Consumer Benefits and Lending Process Improvements Subtitle B: Other Non-Supervisory Reforms Title V: Community Investment Economic Growth and Financial Institutions Regulatory Paperwork Reduction Act of 1993 - Title I: Regulatory Impact on Credit Availability - Subtitle A: General Provisions - (Sec. 101) Amends the Federal Deposit Insurance Act (FDIA) to direct the appropriate Federal banking agencies to minimize the negative impact upon credit availability for small business, residential, and agricultural purposes and on low-and moderate-income communities when prescribing real estate lending standards. (Sec. 102) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to direct the Appraisal Subcommittee to encourage the States to develop reciprocity agreements among themselves so as to readily authorize licensed appraisers in good standing to perform appraisals in sister States. Subtitle B: Impact of Accounting and Capital Issues on Credit Availability - (Secs. 111-113) Amends the FDIA to amend the regulatory scheme with respect to: (1) audits of insured depository institutions; (2) recourse agreements; and (3) market value accounting. (Sec. 114) Requires the Department of the Treasury to report to certain congressional committees on the effect on the national economy resulting from implementation of risk based capital standards (including the Basle international capital standards). Subtitle C: Disincentives to Risk Taking - (Sec. 121) Amends the FDIA and the Federal Credit Union Act with respect to the due process protections accorded the attachment of assets, and the statutory authority to require a depository institution to prohibit a person from alienating property under certain circumstances. Subtitle D: Miscellaneous Credit Availability Provisions - (Sec. 131) Mandates the establishment of a regulatory appeals process within each appropriate Federal banking agency and the National Credit Union Administration. (Secs. 132 and 133) Amends the Federal Reserve Act to modify the aggregate limits on insider lending for specified small banks. Mandates that certain agencies study and report to the Congress on the advisability and budgetary impact of requiring insured depository institutions to maintain sterile reserves. (Sec. 134) Amends the FDIA to prescribe guidelines under which the Federal Deposit Insurance Corporation (FDIC) may, with respect to an undercapitalized insured depository institution, waive its right to repudiate an agreement to sell credit card accounts receivable. (Sec. 135) Amends the Federal Home Loan Bank Act to permit FHLBA banks to: (1) make secured advances upon obtaining a security interest in certain nonresidential real estate-related collateral; and (2) invest surplus funds to purchase participation interests in residential construction loans originated by member institutions. Title II: Regulatory Micromanagement - (Secs. 201-204) Amends the FDIA to modify the regulatory scheme with respect to: (1) safety and soundness standards; (2) paperwork reduction; (3) rules on deposit taking; and (4) a transition period for new regulations. Title III: Unnecessary Cost, Paperwork and Regulation -Subtitle A: General Provisions - (Secs. 301-303) Amends the FDIA with respect to: (1) bank examinations; (2) coordination of State and Federal examinations; and (3) the use of accounting principles. (Secs. 304-306) Prescribes guidelines for the reduction of call report requirements and capital compliance requirements. Excludes automated teller machines and specified bank branches from FDIA branch closure notice requirements. (Sec. 307) Amends Federal law regarding monetary instruments transactions to direct the Secretary of the Treasury to annually: (1) review all regulations pertaining to monetary instruments transaction requirements, seeking public comment; and (2) publish all written rulings interpreting such law, as well as staff commentaries. (Sec. 309) Amends the FRA and the FDIA to cite conditions under which accounts of U.S. banks are shielded from liability to repay] deposits made at foreign branches. Subtitle B: Holding Company Efficiencies - (Secs. 321-325) Amends the Bank Holding Company Act of 1956 to modify the procedures under which bank holding companies: (1) are formed; and (2) acquire interests in nonbanking activities. Reduces the post-approval waiting period for bank holding company acquisition and bank mergers. Title IV: Consumer Inconvenience, Paperwork, and Cost; Other Non-Supervisory Reforms - Subtitle A: Consumer Benefits and Lending Process Improvements - (Sec. 401) Mandates a Federal Reserve study and report to the Congress on ways to streamline the credit-granting process. (Secs. 402-403) Amends the Truth in Lending Act regarding: (1) certain exemptions from credit cost disclosure requirements; (2) modification of waiver of the debtor's rescission rights; and (3) alternative disclosures for adjustable rate mortgages. (Sec. 405) Amends the Truth in Savings Act to exempt business accounts from its purview. Subtitle B: Other Non-Supervisory Reforms - (Secs. 411-413) Amends the Expedited Funds Availability Act regarding: (1) the availability of Treasury checks and local checks; (2) new accounts; and (3) the allocation of risks of loss and liability to the States and political subdivisions. (Secs. 414 and 421) Amends the Electronic Fund Transfer and the Truth in Lending Act to increase the consumer liability limit in specified circumstances of unauthorized electronic fund transfers and unauthorized use of credit cards where the cardholder has substantially contributed to the unauthorized transfer or use. (Sec. 432) Amends the Housing and Urban Development Act of 1968 to reduce the homeownership debt counseling notification requirement to no more than once per year. (Sec. 433) Prohibits a Federal banking agency from imposing data collection requirements upon an institution under its jurisdiction other than the information required under the Home Mortgage Disclosure Act of 1975. (Secs. 441 and 442) Amends the Real Estate Settlement Procedures Act of 1974 to: (1) modify the disclosure guidelines for the servicing of mortgage loans; and (2) exempt certain credit transactions from its purview. Title V: Community Investment - (Sec. 501) Amends the Community Reinvestment Act of 1977 (the Act) with respect to: (1) minimizing the regulatory paperwork costs and burdens associated with compliance; (2) conditions under which an application for a deposit facility shall not be denied on the basis of compliance; (3) granting credit to a financial institution for making investments and loans to either minority and women's depository institutions, or to entities providing benefits to distressed communities; (4) assessments of special purpose banks; and (5) the acceptability of State examinations in lieu of Federal examinations.
United States · United States Congress · 18 February 1993
Unremunerated Work Act of 1993 - Directs the Commissioner of the Bureau of Labor Statistics to: (1) conduct time use surveys of unremunerated work performed in the United States (including household, agricultural, and volunteer work and work related to child care and other care services, food production, and family businesses); and (2) calculate the monetary value of such unremunerated work, separately for men and women, and include such value in statistics used to determine the gross national product.
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 · 4 February 1993
Regulatory Flexibility Amendments Act of 1993 - Amends Federal law to eliminate provisions respecting judicial review of Federal agency compliance with regulatory flexibility analysis requirements. Requires an agency to consider the direct and indirect effects of a rule in determining whether or not it is likely to have a significant impact on a substantial number of small entities. Sets forth guidelines governing agency transmittal of proposed rules to the Chief Counsel for Advocacy of the Small Business Administration. Authorizes such official to transmit to the agency a statement of opposition to the proposed rule. Requires publication of such statement and the agency's response in the Federal Register. Expresses the sense of the Congress that such official should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule.
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 · 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
TABLE OF CONTENTS: Title I: Modification of Passive Loss Rules Title II: Provisions Relating to Real Estate Investments By Pension Funds Title III: Discharge of Indebtedness Real Estate Stability and Recovery Amendments Act of 1993 - Title I: Modification of Passive Loss Rules - Amends the Internal Revenue Code to exclude certain rental real estate development activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Title II: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocation is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Permits a tax-exempt title-holding company to receive unrelated business taxable income of up to ten percent of its gross income, if the income is incidentally derived from the holding of real property. Excludes from unrelated business taxable income: (1) gains from the sale, exchange, or other disposition of real property acquired from financial institutions that are in conservatorship or receivership; (2) amounts received or accrued as consideration for entering into agreements to make loans; and (3) all gains on the lapse or termination of options, written by an organization in connection with its investment activities, to buy or sell real property. Provides for the tax treatment of pension fund investments in real estate investment trusts. Title III: Discharge of Indebtedness - Excludes from gross income, the income from the discharge of qualified real property business indebtedness. Applies the excluded amount to reduce the basis of the depreciable real property. Limits such amount to the amount of outstanding indebtedness over the fair market value of the property, reduced by any other qualified real estate business indebtedness. Excludes qualified farm indebtedness from the definition of "qualified real property business indebtedness."
United States · United States Congress · 3 February 1993
Solid Waste Disposal Relief Act of 1993 - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act applicable as of January 1, 1993, from any revised criteria (established for facilities which may receive hazardous wastes). Terminates such exemption on October 9, 1995.
United States · United States Congress · 2 February 1993
TITLE OF CONTENTS: Title I: Requiring Employers to Provide Health Insurance Coverage for Pregnant Women and Children Title II: Provision of Health Insurance for Pregnant Women and Children Through State Children and Pregnant Women Health Plans Title III: Health Insurance Reform for Small Employers Children and Pregnant Women Health Insurance Act of 1993 - Title I: Requiring Employers to Provide Health Insurance Coverage for Pregnant Women and Children - (Secs. 101 and 102) Amends the Social Security Act to require employers either to enroll their employees and family members in a qualified employer health plan or to provide information to the State in which they reside for enrollment instead in the new universal State health insurance plan (the State plan) created by this Act. Amends the Internal Revenue Code to impose: (1) a premium tax on employers who fail to enroll their employees and family members in a qualified employer health plan, as well as on such employees; and (2) an excise tax on employers who fail to provide to the applicable State information for enrollment under the State plan. Phases in implementation of enrollment requirements and tax payments over four years. Allows a qualified employer health plan to be either private or self-insured, depending upon the employer's size. Outlines requirements for qualified employer health plan premiums and cost-sharing, including limitations on the amount that may be charged for premiums. Requires the Secretary of Health and Human Services to: (1) develop standards to certify a qualified employer health plan; (2) establish procedures for the periodic review and recertification of plans; and (3) terminate the certification of any such plan that no longer meets such requirements. Requires employers to provide their employees and family members with a health benefit package that at least mirrors the services mandated under the State plan. Outlines plan requirements respecting: (1) treatment of employee families; (2) period of coverage; (3) health plan cards; (4) limits on pre-existing condition exclusions and coverage standards for required health services; (5) limits on cost-sharing; (6) payment rates; (7) coordination and portability of health insurance coverage; (8) notification of premium subsidies for low-income individuals and other disclosures for consumers; (9) expense accounting; (10) grievance procedures; (11) certain physician incentive plans; (12) enrollee financial protection; and (13) use of uniform claims forms. Title II: Provision of Health Insurance for Pregnant Women and Children Through State Children and Pregnant Women Health Plans - (Sec. 201) Amends the Social Security Act to require each State to establish a health insurance plan (the State plan) for pregnant women and children and other lawful State residents who have not been enrolled or covered under a qualified employer or Federal health plan. Requires each State also to establish a program under which low-income individuals enrolled in any such health plan may apply for assistance to limit or eliminate their financial obligations for premiums, deductibles, and co-payments. Provides that if a State fails to establish a mandated plan, the Secretary shall establish one for it, and the State shall be liable for part of the start-up costs. Requires the State plan to provide specified: (1) preventive care services, including routine immunizations and prenatal care; (2) major medical services; (3) extended medical services, including mental health services; (4) outreach services to link low-income enrolled individuals with such health services; and (5) social services (but only at the State's option). Directs the Secretary to establish standards for such health services. Prohibits a State from imposing any limitation on their number, duration, or scope. Allows individuals covered under the State plan to choose any qualified plan provider or practitioner. Incorporates the use of Medicare (title XVIII of the Social Security Act) or similar payment rates for reimbursing providers for required health services. Requires each State to establish adequate payment rates for outreach and social services. Sets: (1) the maximum annual deductible and co-payment amount for major medical services and extended medical services; and (2) an overall annual limit on cost-sharing for such services. Applies in the same manner to State plans qualified employer health plan requirements for the treatment of family members, coverage period, health plan cards, and coordination and portability of health care coverage. Creates in the Treasury the Federal Children and Pregnant Women Health Insurance Trust Fund (the Fund) to receive the funds generated from the premium and excise taxes as well as other specified revenues dedicated to the support of the State plan. Details the assistance to be provided to low-income individuals and the application process to obtain it. Provides for State demonstration projects to: (1) improve the delivery and quality of health care services under new title XXII; and (2) increase the efficiency and effectiveness of the methods for paying for such services. Title III: Health Insurance Reform for Small Employers - (Sec. 302) Amends the Social Security Act to require health insurance plans provided by small employers (small employer plans) to meet the standards established below in order to be issued, avoid loss of their qualified status, and escape disqualification from State plan administration. (Sec. 301) Amends the Internal Revenue Code to impose an excise tax (50 percent of all gross health plan premiums received during the taxable year) on the issuer of a small employer plan which fails to meet such standard, with specified exceptions. Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to develop specific standards to implement the requirements which small employer plans must meet if the State has not established a regulatory program for applying such standards to such plans (program). Provides that if NAIC fails to develop such standards or the Secretary finds that they do not implement such requirements, the Secretary must develop them. Subjects programs to periodic review by the Secretary for determining compliance with such NAIC standards. Requires any carrier which offers a small employer plan to register with the applicable State regulatory authority. Requires such carriers to offer the same plans to all small employers within their individual service areas. Details separate requirements with respect to the treatment of health maintenance organizations. Requires a minimum 12-month term for any small employer plan, guaranteed renewable (with specified exceptions) for additional minimum 12-month terms. Declares that no small employer plans may discriminate on the basis of health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability. Requires the premiums for all small employer plans of the same entity to be: (1) based on a single cohesive rating system applied consistently for all employer groups and designed not to differentiate groups by health or risk status; and (2) actuarially certified each year. Requires small employer plan premiums within a block of business to be community-rated for a given geographical area. Sets limits on premium reference rate variations among blocks of business. States that, with respect to premiums for small employer plans with similar coverage, a small employer plan carrier may establish blocks of business only on the basis of specified criteria. Prohibits the issuance of any small employer plan unless it: (1) provides for a minimum benefit package mirroring the health services required under title II of this Act; (2) does not impose cost-sharing in excess of allowable limits; and (3) includes only such additional items and services as the carrier can demonstrate will facilitate appropriate hospital discharges or avoid unnecessary hospitalization.
United States · United States Congress · 27 January 1993
Prison Inmate Training and Rehabilitation Act of 1993 - Directs Federal Prison Industries (FPI) to conduct pilot programs to test the feasibility of providing increased employment for Federal prisoners by producing items for the private market that would otherwise be produced by foreign labor. Permits FPI to enter into agreements with private industry to carry out this Act. Exempts: (1) items produced in such programs from legal restrictions on the sale of items produced by prison labor; (2) decisions in such programs from restrictions under the Federal criminal code on FPI decisions to produce new products or significantly expand the production of existing products; and (3) the business operations of such programs from application of competitive procedures. Directs the board of directors of FPI to include in its annual report to the Congress its findings on the results of such programs and recommendations as to whether to expand this concept within the Federal prison system.
United States · United States Congress · 27 January 1993
TABLE OF CONTENTS: Title I: Department of Housing and Urban Development Title II: Federal Emergency Management Agency Title III: General Provisions Emergency Hunger and Homelessness Relief Appropriations Act of 1993 - Title I: Department of Housing and Urban Development - Makes emergency supplemental appropriations for FY 1993 for the following programs under the Stewart B. McKinney Homeless Assistance Act: the emergency shelter grants program, the safe havens for homeless individuals demonstration program, and the rural homelessness grant program. Title II: Federal Emergency Management Agency - Makes emergency supplemental appropriations for FY 1993 for the emergency food and shelter program under such Act. Title III: General Provisions - Declares that the Congress designates all amounts appropriated by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 27 January 1993
Small Business Credit Availability Act of 1993 - Establishes the Venture Enhancement and Loan Development Administration for Smaller Undercapitalized Enterprises (Velda Sue) as a Federal instrumentality to: (1) develop uniform underwriting, security appraisal, and repayment standards for qualified loans; (2) determine the eligibility of certified poolers to contract with Velda Sue for specific mortgage pool guarantees; and (3) provide timely repayment guarantees of the principal and interest on certain qualified obligations. Provides for a Board of Directors to manage Velda Sue. Authorizes Velda Sue to: (1) set conditions under which it will guarantee qualified obligations and securities; and (2) issue securities based on certain pooled interests in qualified obligations. Directs Velda Sue to issue certification and eligibility standards for secondary marketing for loan poolers. Directs Velda Sue to establish fees based upon the risk incurred in providing financial assistance or guarantees for: (1) qualified loans; and (2) securities issued by a qualified loan pooler. Declares that for purposes of the Securities Act of 1933, neither securities nor guarantees issued by Velda Sue shall be deemed to be a security issued by an agent of the Federal Government or a "government security." Authorizes appropriations to the Secretary of the Treasury without fiscal year limitation. Provides Federal funding to the Corporation through purchases by the Secretary of Corporation obligations of up to $300 million. Authorizes appropriations to the Secretary for such purchases.
United States · United States Congress · 27 January 1993
Expresses the sense of the Congress that: (1) the U.S. Customs Service should reestablish a unit specifically tasked with enforcing laws prohibiting child exploitation and pornography and prosecuting violators of those laws; and (2) the efforts of this reestablished unit should equal or exceed those of the U.S. Customs Child Pornography and Protection Unit in FY 1990.
United States · United States Congress · 21 January 1993
Prisoner-of-War Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of one-dollar coins emblematic of the experience of American prisoners of war. Requires that all sales of such coins include a surcharge of $5 per coin. Requires specified proceeds from such surcharges to be paid to the: (1) Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) endowment fund established by this Act for the maintenance of such Museum; and (3) Secretary of Veterans Affairs to maintain national cemeteries.
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.
![Official portrait of Rep. Hilliard, Earl F. [D-AL-7]](https://www.congress.gov/img/member/h000621_200.jpg)