The world's political record
Person
![Official portrait of Rep. LaFalce, John J. [D-NY-29]](https://www.congress.gov/img/member/l000556_200.jpg)
United States · Official source
5,039 records where Rep. LaFalce, John J. [D-NY-29] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 19 April 1993
Designates October 1993 and October 1994 as National Domestic Violence Awareness Month.
United States · United States Congress · 7 April 1993
Dietary Supplement Health and Education Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) define the term "dietary supplement"; and (2) exclude a dietary supplement from the definition of "food additive." Deems a dietary supplement adulterated if it: (1) contains an unsafe dietary ingredient which presents a substantial and unreasonable risk of illness or injury; or (2) contains a dietary ingredient that has not been adequately substantiated for safety. Prohibits the establishment of maximum limits on the potency of any dietary supplement, except in the case of a supplement represented to be for the use of individuals with specific diseases or disorders. Allows a dietary supplement's label to characterize the relationship between the supplement and a disease under specified conditions. Deems food misbranded unless the label lists the daily value of specified nutrients which shall reflect the daily intake of each nutrient that will promote optimal health. Prohibits such value from being less than the U.S. Recommended Daily Allowance. Establishes an Office of Dietary Supplements within the National Institutes of Health.
United States · United States Congress · 5 April 1993
Women in Military Service for America Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins symbolic of women's service in the armed forces.
United States · United States Congress · 2 April 1993
Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by certified nurse practitioners and clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether or not such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual who: (1) is a registered nurse licensed to practice nursing in the State in which the individual furnishes services; and (2) has a master's degree in a clinical area of nursing from an accredited institution.
United States · United States Congress · 2 April 1993
Independence Hall Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the shrines of liberty, showing the Liberty Bell on one side and the Independence Hall on the other. Mandates that surcharges from the sale of coins be distributed equally between the Treasury and the Independence Hall Preservation Fund.
United States · United States Congress · 1 April 1993
1994 Vietnam Veterans Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the Vietnam Veterans Memorial. Mandates that surcharges from the sale of such coins be paid to the Vietnam Veterans Memorial Fund to help raise an endowment to be a permanent source of support for the Memorial.
United States · United States Congress · 1 April 1993
Amends title XVIII (Medicare) of the Social Security Act to eliminate the annual cap on the amount of payment for outpatient physical therapy and occupational therapy services under Medicare part B (Supplementary Medical Insurance). Revises the limitation on beneficiary liability for payment of any amounts billed in excess of the applicable limiting charge for physician services. Applies such limitation to nonparticipating suppliers and other persons, as well as nonparticipating physicians. Includes in the Secretary of Health and Human Services' annual explanation of Medicare benefits information on refunds of such amounts. Makes carriers responsible for determining, prior to making payment, whether the amount billed for services is in excess of the applicable limiting charge and, if so, notifying the physician or other providers as appropriate. Requires the reports to the Congress on changes in excess charges for physician services to reflect additional information on the services involved.
United States · United States Congress · 1 April 1993
Designates October 1993 and October 1994 as Italian-American Heritage and Culture Month.
United States · United States Congress · 31 March 1993
Super 301 Extension Act of 1993 - Amends the Trade Act of 1974 to extend, for a five-year period, the "Super 301" program which identifies certain trade liberalization priority practices.
United States · United States Congress · 30 March 1993
TABLE OF CONTENTS: Title I: Political Relationship Title II: Applicability of Federal Law Title III: Foreign Affairs and Defense Title IV: Courts Title V: Trade Title VI: Taxation Title VII: Immigration Title VIII: Labor Title IX: Transportation and Telecommunications Title X: Land, Natural Resources and Utilities Title XI: United States Financial Assistance Title XII: Technical Amendments and Interpretation Guam Commonwealth Act - Title I: Political Relationship - (Sec. 101) Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution and within specified guidelines. (Sec. 102) Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. (Sec. 103) Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - (Sec. 201) Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam. (Sec. 202) Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. (Sec. 203) Creates the Joint Commission on the Applicability of Federal Law. (Sec. 204) Authorizes the President to delegate to the Governor of Guam performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - (Sec. 301) Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. (Sec. 302) Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. (Sec. 304) Prohibits the United States from using Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - (Sec. 401) Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. (Sec. 404) Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - (Sec. 501) Establishes a Guam-United States free trade area. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on certain imports and exports. Title VI: Taxation - (Sec. 601) Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax to be known as the Guam Commonwealth income tax. (Sec. 603) Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. (Sec. 604) Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. (Sec. 605) Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - (Sec. 701) Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. (Sec. 702) Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - (Sec. 801) Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. (Sec. 802) Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Title IX: Transportation and Telecommunications - (Sec. 901) Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission to examine the applicability of such laws and to recommend their termination upon determining that such laws constrain Guam's economic development. (Sec. 902) Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. (Sec. 903) Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - (Sec. 1001) Grants the Government of Guam the power of eminent domain. (Secs. 1001, 1002) Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. (Sec. 1003) Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. (Sec. 1004) Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - (Secs. 1101, 1102) Provides for the return of U.S. revenues from taxes and fees collected in Guam to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States equally applicable to Guam. (Sec. 1104) Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. (Sec. 1105) Provides for assistance to aid Guam's transition to a Commonwealth. Title XII: Technical Amendments and Interpretation - (Sec. 1203) Makes technical and conforming amendments. (Sec. 1204) Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
United States · United States Congress · 29 March 1993
Communications Competitiveness and Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to allow a common carrier to provide video programming directly to subscribers in its telephone service area through its own facilities or an affiliate. Authorizes the common carrier to provide channels of communications, pole line conduit space, or other rental arrangements to any entity which is directly or indirectly owned, operated, or controlled by it if such facilities or arrangements are to be used for, or in connection with, the provision of video programming directly to subscribers in the telephone service area of the common carrier. Prohibits a common carrier from providing video programming directly to subscribers in its telephone service area unless the programming is provided through a separate video programming affiliate. Requires business arrangements and transactions between a common carrier and its video programming affiliate to be pursuant to regulations prescribed by the Federal Communications Commission and to be without cost to the telephone service ratepayers of the carrier. Requires any common carrier which provides video programming directly to subscribers through an affiliate in its telephone service area to establish a basic video dial tone platform. Requires such common carrier to make a maximum of 75 percent of the equipped capacity of its basic video dial tone platform available to unaffiliated video program providers. States that the carriage of local broadcast signals shall not constitute the provisions of affiliated video programming under this Act. Sets forth prohibitions on: (1) cross-subsidization between telephone service and video programming by common carriers; and (2) common carrier buyouts of cable systems located in the carrier's telephone service area. Requires the Commission to convene a Federal-State Joint Board to establish practices, classifications, and regulations necessary to ensure proper jurisdictional separation and allocation of the costs of providing broadband services, including affiliated video programming. Makes provisions of this Act inapplicable to video programming provided in a rural area by a common carrier that provides telephone exchange service in such area.
United States · United States Congress · 29 March 1993
Designates the week beginning January 2, 1994, as National Law Enforcement Training Week.
United States · United States Congress · 24 March 1993
North American Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area trade agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) with Canada and Mexico (NAFTA) must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates. Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work. Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosure of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country. Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice. Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a trinational commission with authority to investigate, adjudicate, and issue timely binding judgments. Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the trinational dispute resolution commission.
United States · United States Congress · 24 March 1993
Western Hemisphere Environmental, Labor, and Agricultural Standards Act of 1993 - Declares that any free-trade area agreement negotiated under the Omnibus Trade and Competitiveness Act of 1988 (OTCA) in furtherance of the Enterprise for the Americas Initiative with any country in the Western Hemisphere outside North America must include the achievement of certain environmental, labor, and agricultural standards as principal negotiating objectives in addition to any other OTCA mandates. Sets forth worker rights and standards, including among others: (1) freedom of association and the right to organize free and independent unions, bargain collectively, and strike; (2) certain minimum ages for the employment of children in specified circumstances; (3) the right to a healthy working environment; (4) equal protection; and (5) humane standards of wages and hours of work. Sets forth principal negotiating objectives for environmental quality and protection, including among others: (1) protection of the integrity of ecosystems; (2) a process for full public disclosures of kinds, quantities, and risks of toxic chemical and hazardous substance discharges; and (3) prevention of the export of toxic and hazardous substances and products, and of products manufactured, extracted, or grown under environmental or workplace safety and health conditions that undermine comparable standards in the importing country. Requires adoption, in any such agreement, of the principle that systematic denial or practical negation of such labor and environmental standards constitutes an actionable unfair trade practice. Requires any such agreement to establish a comprehensive dispute resolution process with specified provisions, including one for a multilateral commission with authority to investigate, adjudicate, and issue timely binding judgments. Requires the Director of the Office of Science and Technology to establish, through the Federal Coordinating Council on Science, Engineering, and Technology, an interagency committee to provide technical assistance to U.S. experts on the multilateral dispute resolution commission.
United States · United States Congress · 24 March 1993
Designates July 5 through 12, 1993, as National Awareness Week for Life-Saving Techniques.
United States · United States Congress · 18 March 1993
Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules.
United States · United States Congress · 18 March 1993
Combat Merchant Mariners Benefits Act of 1993 - Provides that: (1) service in the U.S. merchant marine during a period of war for a total period equal to at least 12 months shall be considered active duty in determining eligibility for veterans benefits; and (2) such service may be verified by entries in a continuous discharge book, a certificate of discharge to merchant seamen, a certificate of substantially continuous service, or other documentation available from the Secretary of Transportation or the head of any other Federal agency. Limits eligibility. Specifies that: (1) the minimum active-duty service requirement of any law administered by the Department of Veterans Affairs shall apply in determining eligibility for veterans' benefits under this Act; (2) the 12-month requirement under this Act shall not apply to an individual who is permanently disabled in the performance of such service while the vessel is subjected to hostile action; and (3) such service may have been rendered before, on, or after the date of enactment of this Act, with a limitation. Authorizes the Secretary of Transportation to provide that any medal awarded to a member of the merchant marine for service during a period of war be provided without charge.
United States · United States Congress · 18 March 1993
Animal Medicinal Drug Use Clarification Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to permit the extra-label use of drugs in animals if such use is upon the order of licensed veterinarian, is in compliance with appropriate regulations, and is in the context of a veterinarian-client-patient relationship. Prohibits such use if it results in unacceptable residues of a drug in food.
United States · United States Congress · 18 March 1993
Designates November 1993 and 1994 as National Hospice Month.
United States · United States Congress · 18 March 1993
Urges the Federal Communications Commission to consider domestic employment as a factor in its selection of a standard for high definition television, particularly in the event competing systems are technologically equivalent.
United States · United States Congress · 17 March 1993
Amends the Internal Revenue Code to exempt from the luxury excise tax parts for accessories installed for use on passenger vehicles by disabled individuals.
United States · United States Congress · 17 March 1993
Designates September 13, 1993, as Commodore John Barry Day.
United States · United States Congress · 17 March 1993
Designates October 6, 1993 and 1994, as German-American Day.
United States · United States Congress · 16 March 1993
Grants a Federal charter to VietNow (a nonprofit corporation organized under the laws of Illinois).
United States · United States Congress · 15 March 1993
Directs the Secretary of Education to provide demonstration grants to secondary schools to extend the length of the academic year for three consecutive years at such schools to at least 200 academic days, with each such day consisting of at least seven hours of actual instruction. Requires selection, to the extent practicable, of schools that: (1) have a high percentage of students from single-parent homes or homes where both parents work; (2) are located in economically depressed communities with high percentages of individuals with alcohol and other drug abuse problems and individuals involved in gang activities; and (3) are equitably distributed among various regions and among rural and urban areas. Directs the Secretary to study and report on the effects of such academic year extension. Authorizes appropriations.
United States · United States Congress · 11 March 1993
Comprehensive Wetlands Conservation and Management Act of 1993 - Amends the Federal Water Pollution Control Act to prohibit, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Requires the Secretary, upon receiving permit applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of an ecosystem; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are lands that do not serve significant wetlands functions. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or disturbance; (2) there are public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the wetland ecosystem does not suffer loss or degradation. Imposes requirements for mitigation when such activities result in permanent wetland loss or degradation. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Exempts specified activities from this Act's requirements. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Authorizes civil actions and prescribes penalties for permit violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
United States · United States Congress · 11 March 1993
United States One Dollar Coin Act of 1993 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Mandates that the reverse side of the one-dollar coin have a design recognizing America's veterans. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes by a specified date (except for such quantities as are required to meet collectors' needs).
United States · United States Congress · 11 March 1993
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to raise the threshold amount at which remuneration for election personnel becomes subject to social security employment taxes.
United States · United States Congress · 11 March 1993
Federal Franchise Data and Public Information Act - Requires all persons, partnerships, or corporations selling or offering for sale any franchise or any relationship represented either orally or in writing to be a franchise to file with the Department of Commerce a franchise disclosure document or circular which lists the most recent information with respect to the performance of the franchise. Requires the disclosure document to be filed annually with the Department, and requires the Department to make available to the Congress, the Federal Trade Commission, and other Federal agencies, as requested, copies of such document, as well as provide for public viewing. Requires the Department to establish procedures for the compilation, analysis, and publication of statistical information on franchise ownership and national franchising practices, using as its principal source of information the disclosure documents required under this Act. Requires the Department to take specified actions to ensure that such statistical information is accurate and updated at least annually. Requires the Department to report to the appropriate congressional committees on the information and findings relating to franchise ownership and national franchising practices required to be compiled under this Act. Directs the Department's Bureau of the Census to include in each Business Census beginning with 1997 statistical information on the number, ownership, and operation of franchise businesses.
United States · United States Congress · 11 March 1993
Federal Franchise Disclosure and Consumer Protection Act - Makes it unlawful for any person, partnership, or corporation, in connection with the advertising, offering, licensing, contracting, sale, or other promotion in or affecting commerce of any franchise, to: (1) employ a device or artifice to defraud; (2) engage in any act or practice which operates or is intended to defraud; (3) obtain money or property by means of untrue statements or intentional omissions of material facts; or (4) discriminate among prospective franchisees on the basis of race, sex, religion, disability, or national origin. Outlines similar provisions with respect to the acts or omissions of a franchisor in presenting false or misleading information with respect to the franchise to a prospective franchisee. Specifies information to be furnished within prescribed time periods to a prospective franchisee by a franchisor or franchise broker, as required by the Federal Trade Commission (FTC) under the Franchise Rule. Requires the franchisor to keep and maintain adequate records for purposes of substantiation of all information required to be presented to a prospective franchisee. Authorizes the FTC to enforce the provisions of this Act. Authorizes any person injured by a violation of this Act to bring an action in Federal district court within prescribed time periods and for specified relief, including injunctive relief. Prohibits a franchisor from requiring franchisees to agree to provisions in franchise agreements which would: (1) violate prohibitions of, or rights granted under, this Act; or (2) relieve parties from appropriate liability. Provides for the use of arbitration to resolve disputes arising under a franchise agreement. Directs the FTC to conduct an ongoing study of the need for additional provisions to strengthen franchise disclosure requirements and protect prospective franchisees.
United States · United States Congress · 11 March 1993
Federal Fair Franchise Practices Act - Prohibits a franchisor or subfranchisor, in connection with the promotion, sale, licensing, performance, enforcement, and termination of any franchise agreement from: (1) engaging in an act, practice, course of business, or pattern of conduct which operates as a fraud or deceit upon any person; (2) employing unlawful or deceptive acts or practices in the operation of the franchisor's enterprise or method of business; or (3) discriminating among franchisees on the basis of race, sex, religion, disability, or national origin, with exceptions. Makes it unlawful for a franchisor or subfranchisor to: (1) prohibit a franchisee from obtaining equipment, fixtures, supplies, or services used in the establishment or operation of the franchised business from sources of the franchisee's choosing, with exceptions; (2) terminate or otherwise cancel a franchise prior to its expiration without good cause; (3) prohibit, or enforce a prohibition against, any franchisee from engaging in any business at any location after expiration of a franchise or after termination of the franchise prior to its expiration for good cause; and (4) hinder or prohibit the free association of franchisees for any lawful purpose (including the formation of or participation in any trade association made up of franchisees), discriminate by imposing requirements not imposed on other similarly situated franchisees, or retaliate against any franchisee for membership or participation in a franchisee association. Sets forth limitations regarding the establishment of a new outlet or point of sale in unreasonable proximity to an existing franchise. Establishes minimum standards of conduct which impose upon: (1) each party to the franchise contract a duty to act in good faith in its performance and enforcement; (2) the franchisor a duty of due care; and (3) the franchisor a fiduciary duty to its franchisees and obligates the franchisor to exercise the highest standard of care for franchisee interests when performing bookkeeping, collection, payroll, or accounting services for the franchisee and when requiring franchisees to make contributions to any pooled advertising or promotional fund. Sets forth limitations regarding franchise and related agreements. Creates a private right of action for violations of this Act.
United States · United States Congress · 10 March 1993
TABLE OF CONTENTS: Title I: Safety and Health Programs Title II: Safety and Health Committees and Employee Safety and Health Representatives Title III: Coverage Title IV: Occupational Safety and Health Standards Title V: Enforcement Title VI: Protection of Employees from Discrimination Title VII: Technical Assistance and Training Title VIII: Recordkeeping and Reporting Title IX: NIOSH Title X: State Plans Title XI: Victim's Rights Title XII: Construction Safety Title XIII: Worker's Compensation Study Title XIV: Administration Title XV: Effective Date Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - (Sec. 101) Amends requirements for each employer to set up and carry out a written occupational safety and health program that includes specified methods and procedures. Title II: Safety and Health Committees and Employee Safety and Health Representatives - (Sec. 201) Amends OSHA to require each employer of 11 or more employees (each for 20 or more hours per week) to provide for: (1) health committees; and (2) employee safety and health representatives. Authorizes the Secretary of Labor (the Secretary), upon the employer's application, to approve establishment of an alternative method of employee participation in worksite health and safety activities in a manner at least as effective as committee participation, if such alternative mechanism meets specified conditions. Provides for employee participation in the Secretary's inspections of workplaces. Title III: Coverage - (Sec. 301) Revises the OSHA definition of employer to extend OSHA coverage to States and local government employees. (Sec. 302) Directs the Committee on House Administration of the House of Representatives to establish a comprehensive occupational safety and health program meeting specified OSHA and other requirements. (Sec. 303) Applies OSHA to employment performed in Federal nuclear facilities under the control or jurisdiction of the Department of Energy. (Sec. 304) Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - (Sec. 401) Specifies timeframes and procedures for setting OSHA standards. (Sec. 403) Requires each OSHA standard to prescribe requirements for recording or reporting work-related adverse medical conditions determined as a result of medical examinations or test. (Sec. 404) Requires public disclosure of all communications on OSHA standards with parties outside the Department of Labor, including those with executive branch officials (except the President). (Sec. 405) Directs the Secretary, in cooperation with the Secretary of Health and Human Services (HHS) acting through the National Institute for Occupational Safety and Health (NIOSH) to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. (Sec. 406 and 407) Directs the Secretary to promulgate final standards: (1) on exposure monitoring and medical surveillance programs; and (2) on ergonomic hazards to protect employees from work-related musculoskeletal disorders. (Sec. 408) Requires that emergency temporary standards: (1) be issued based on the best available evidence; and (2) remain in effect for no more than 18 months (currently six months). (Sec. 409) Directs the Secretary to issue, within 60 days, an interim final regulation reducing permissible exposure limits to toxic substances, including a specified final rule on air contaminants and a proposed rule on air contaminants for construction, agriculture, and maritime. Title V: Enforcement - (Sec. 501) Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed hours worked, with no loss of wages, benefits, or other terms and conditions of employent. (Sec. 502) Requires the Secretary to notify employees or their representatives, within 30 days after receipt of their request for inspection, of the Secretary's determination that there are no reasonable grounds to believe a violation or danger exists. (Sec. 503) Requires the Secretary to make a special inspection upon notification by any Federal or State agency of reasonable grounds to believe that a violation of OSHA or specified safety and health standards exists that threatens physical harm. (Sec. 504) Directs the Secretary to carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. (Sec. 505) Requires the Secretary to investigate any work-related death or serious incident resulting in hospitalization of two or more employees. Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in an investigation. (Sec. 506) Revises provisions for abatement of serious hazards during employer contests to a citation. (Sec. 507) Grants employees the right to contest a citation's designation of the character of a violation or any proposed penalties as inadequate. (Sec. 508) Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. (Sec. 509) Requires the Occupational Safety and Health Review Commission's rules of procedure to provide for prompt notice to affected employees or their representatives if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to object to modifications or withdrawals of citations. (Sec. 510) Revises OSHA provisions for restraining imminent dangers. Grants employees the right to refuse to perform a duty identified as the source of an imminent danger, and prohibits discrimination against them for such refusal. Specifies a civil penalty against an employer for each day during which an employee continues to be exposed. (Sec. 511) Authorizes the Secretary to issue citations and assess penalties for violations of specified OSHA provisions relating to: (1) inspections, investigations, and recordkeeping; (2) safety and health programs; (3) safety and health committees; and (4) construction plans and programs. (Sec. 512) Revises OSHA criminal penalties to subject to them not only the employer but also certain officers, management officials, and supervisiors. Increases the maximum amount of fines and length of prison terms for specified violations. Establishes criminal penalties for a willful violation that causes serious bodily injury (currently, death only). Prohibits a penalty or fine imposed on a director, officer, or agent of an employer from being paid out of the employer's assets. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions. (Sec. 514) Directs the Secretary to establish an effective system for targeting inspections of worksites, with priority given to those with a high potential for death, serious injury, or exposures to toxic materials or harmful physical agents. (Sec. 515) Provides for the vacating of specified citations for violations if the employer demonstrates that certain conditions involving adequate employee training and work rule enforcement have been met. (Sec. 516) Increases the minimum penalty for specified types of serious offenses. Title VI: Protection of Employees from Discrimination - (Sec. 601) Extends OSHA antidiscrimination coverage to employees: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to themselves or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of discrimination complaints. Revises remedies. (Sec. 602) Requires the Secretary's regulations to include provisions requiring employers to post employee rights protections under such OSHA antidiscrimination provisions. Title VII: Technical Assistance and Training - (Section 701) Requires the Secretary to develop and disseminate curricula, model programs, and other information and materials to assist employers in complying with OSHA standards and requirements for safety and health programs, employee training and education, and safety and health committees. Directs the Secrtary to establish a program to provide technical assistance and consultative services concerning worksite safety and health to employers and employees. Requires targeting of such assistance and consultation at small employers, high hazard worksites, and high hazard industries. Establishes in the Treasury a revolving fund, the OSHA Assistance Fund, to pay for such programs. Directs the Secretary to impose fees to offset program costs. Title VIII: Recordkeeping and Reporting - (Sec. 801) Requires the Secretary to collect information and conduct analyses identifying: (1) industries, employers, processes, operations, and occupations, with a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; (3) workers' compensation costs associated with injuries and illnesses; and (4) employee exposure to toxic substances and harmful physical agents. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. (Sec. 802) Revises OSHA requirements for employer records and reports to include work-related illnesses reported by an employee or an employee's physician, unless the employer determines the illness is not work-related. (Sec. 803) Requires all such employer records and reports to be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - (Sec. 901) Requires NIOSH hazard to evaluation reports to evaluate whether any potentially hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. (Sec. 902) Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. (Sec. 903) Extends the authority of the Secretary of HHS, and of NIOSH, to inspect records to the Secretary's designees and contractors. (Sec. 904) Directs the Secretary of HHS, to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. (Sec. 905) Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. (Sec. 907) Includes education programs for employees and members of safety and health committees under NIOSH training provisions. Title X: State Plans - (Sec. 1001 and Sec. 1002) Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. (Sec. 1003) Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. (Sec. 1004 and Sec. 1005) Sets forth requirements and procedures for the Secretary of Labor to: (1) investigate complaints against a State's compliance with and enforcement of the State plan; and (2) take corrective action against such State noncompliance. (Sec. 1006) Requires States operating State safety and health plans to conform them to this Act. Title XI: Victim's Rights - (Sec. 1101) Provides for victims' rights under OSHA, including family members as well as the injured employee. Title XII: Construction Safety - (Sec. 1202) Amends OSHA to establish in the Occupational Safety and Health Administration (the Administration) an Office of Construction Safety, Health, and Education (the Office). Directs the Secretary of Labor (the Secretary) to: (1) identify construction employers with high rates of fatalities or lost workday injuries or illnesses or with patterns of noncompliance with health and safety requirements; (2) develop a system for notifying such employers; (3) establish courses and curricula for training OSHA inspectors an other OSHA employees with construction safety and health duties; (4) establish model compliance programs and assist employers, employees, and their representative organizations in setting up their training programs; and (5) establish a toll-free line on which reports, complaints, and notifications required under OSHA may be made. Establishes within the Administration the position of Deputy Assistant Secretary of Labor for Construction. (Sec. 1203) Establishes requirements for construction safety and health plans and programs, involving construction employers and designated project constructors and coordinators. (Sec. 1204) Directs the Secretary to establish an effective targeting system for general schedule construction inspections. Directs the Secretary to require constructors to report promptly any incident involving construction work that results in a fatality, an injury or illness causing two or more hospitalizations, or a structural failure or fire or explosion which caused or could have caused serious bodily injury to employees. (Sec. 1205) Expands the advisory jurisdiction of the Advisory Committee on Construction Safety and Health (the Committee). (Sec. 1206) Requires any State construction safety and health plan to contain requirements at least as effective as those imposed by the Act and the Contract Work Hours and Safety Standards Act. (Sec. 1207) Establishes in OSHA a Construction Safety and Health Academy to train OSHA employees who conduct construction worksite inspections and others the Secretary considers appropriate. (Sec. 1208) Considers a project constructor an employer for specified OSHA enforcement purposes. (Sec. 1209) Directs the Secretary to report to the President and the Congress annually on the construction industry and after three years on whether the office should be continued or a Construction Industry Safety and Health Administration should be established in the Department of Labor. (Sec. 1210) Directs the Secretary to recommend to specified congressional committees any legislative changes required to make safety records (including records of compliance with Federal safety and health laws and regulations) one criterion considered in the awarding of Federal construction contracts. Title XIII: Worker's Compensation Study - (Sec. 1301) Establishes the Federal Workers' Compensation Commission. Directs the Commission to study and report on workers' compensation laws and system with respect to specified issues. Title XIV: Administration - Establishes an Occupational Safety and Health Administration in the Department of Labor, to be headed by an Assistant Secretary for Occupational Safety and Health. Title XV: Effective Date - (Sec. 1501) Sets forth the effective date of this Act.
United States · United States Congress · 10 March 1993
TABLE OF CONTENTS: Title I: Legislative Reform Title II: Federal Intergovernmental Relations Fiscal Accountability and Intergovernmental Reform Act (FAIR Act) - Title I: Legislative Reform - Provides that, with certain exceptions, whenever a committee of either House reports a bill or resolution of a public character to its House mandating unfunded requirements upon State or local governments or the private sector, the report accompanying that bill or resolution shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Title II: Federal Intergovernmental Relations - Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations. Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Intergovernmental and Economic Impact Assessment. Specifies the contents of such an assessment.
United States · United States Congress · 10 March 1993
Designates October 3 through 9, 1993, as Mental Illness Awareness Week.
United States · United States Congress · 9 March 1993
Designates November 28 through December 4, 1993, and November 27 through December 3, 1994, as National Home Care Week.
United States · United States Congress · 4 March 1993
Designates May 1993 and May 1994 as National Trauma Awareness Month.
United States · United States Congress · 4 March 1993
Designates April 25 through May 1, 1993, as National Crime Victims' Rights Week.
United States · United States Congress · 4 March 1993
Designates April 1993 as National African American Health Awareness Month. Directs the Secretary of Health and Human Services to: (1) make information available to the public on the health problems currently facing minority populations and on the careers and contributions of minority health professionals; and (2) present public service announcements on health promotion and disease prevention among African Americans.
United States · United States Congress · 3 March 1993
TABLE OF CONTENTS: Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care Title III: Provider Participation Title IV: Administration Subtitle A: General Administrative Provisions Subtitle B: Control Over Fraud and Abuse Title V: Quality Assessment Title VI: National Health Security Budget; Payments; Cost Containment Measures Subtitle A: Budgeting and Payments to States Subtitle B: Payments by States to Providers Subtitle C: Mandatory Assignment and Administrative Provisions Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved Subtitle A: Promotion and Expansion of Primary Care Professional Training Subtitle B: Direct Health Care Delivery Subtitle C: Primary Care and Outcomes Research Title VIII: Financing Provisions, American Health Security Trust Fund Subtitle A: American Health Security Trust Fund Subtitle B: Increases in Corporate and Individual Income Tax Rates; Health Security Premium; and Surtax on Individuals with Incomes Over $1,000,000 Subtitle C: Employment Tax Changes Subtitle D: Other Revenue Increases Primarily Affecting Individuals Subtitle E: Other Revenue Increases Primary Affecting Businesses Subtitle F: Estimated Tax Provisions Subtitle G: Alternative Taxable Years Subtitle H: Deduction for Charitable Contribution of Appreciated Property Limited to Adjusted Basis Subtitle I: Minimum 5 Percent Rate of Tax on Interest Paid to Foreign Persons American Health Security Act of 1993 - Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment - Establishes in the United States an American Health Security Program (AHSP) to be administered by the States (including the District of Columbia and, if they so choose, U.S. territories) in accordance with Federal standards established under this Act. Requires a State to establish a State health security program (program) in accordance with this Act to receive Federal health care funding. (Sec. 102) Entitles every individual who is a resident of the United States and is a U.S. citizen or national or a lawful resident alien to benefits for health care services under this Act under the appropriate State program. Sets forth provisions regarding the treatment of nonimmigrants and other individuals. (Sec. 103) Requires each State program to: (1) provide a mechanism for the enrollment of individuals entitled or eligible for benefits (which includes a process for the automatic enrollment of individuals at the time of birth, immigration, or other acquisition of lawful resident status in the United States and provides for the enrollment of all individuals who are eligible to be enrolled as of January 1, 1995); and (2) issue a health security card to enrolled individuals. (Sec. 104) Makes benefits portable when enrollees move or travel between States. Prohibits imposition of a minimum residence or waiting period in excess of three months for program benefit eligibility. Allows reciprocal arrangements between programs in adjacent States for coverage for enrollees residing in the border region. (Sec. 105) Makes benefits available under this Act for items and services furnished on or after January 1, 1995. (Sec. 106) Supersedes Medicare, Medicaid, the Federal Employee Health Benefits Program, and CHAMPUS, which must pay for completion of services they covered before January 1, 1995. Specifies that nothing in this Act affects the eligibility of veterans for Veterans Administration health benefits and services, or of Indians for benefits and services of the Indian Health Service. Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care - Entitles all eligible individuals to have payment made (if medically necessary and appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition) for inpatient and outpatient hospital services, professional services of State-authorized practitioners, community-based primary health services, preventive services, long-term and chronic care services, prescription drugs, biologicals, insulin, and medical foods, dental services, mental health services, substance abuse treatment services, diagnostic tests, and other specified items and services, including outpatient therapy, durable medical equipment, home dialysis, ambulance, prosthetic devices, and other items and services specified by the American Health Security Standards Board (Board) (established by title IV of this Act). Specifies that: (1) no deductibles, coinsurance, or copayments may be charged for acute care benefits; (2) no provider may charge a patient for covered services; (3) no private insurance may duplicate program benefits; and (4) States and employers may provide additional benefits at their own expense. (Sec. 203) Covers home and community-based long-term care services for persons unable to perform at least two of five listed activities of daily living without assistance. Limits the cost of such services to 65 percent (or an alternative percentage determined by the Board) of the cost of nursing home care for an individual in the same area in which the services were provided. (Sec. 204) Makes mental health, substance abuse, nursing facility, and home health services subject to utilization review. Directs the Board to make national determinations on coverage of experimental services, with professional and public input. Specifies that where the Board has recognized practice guidelines, coverage is limited to services provided according to the guidelines or any established exception process. Allows the Board to limit quantities of eyeglasses, contact lenses, hearing aids, and durable medical equipment that will be covered. Excludes from coverage cosmetic procedures, personal comfort items, and services furnished in non-participating facilities. (Sec. 205) Specifies that: (1) States may require providers to certify that covered services were provided according to program requirements; (2) quality review programs must meet Federal standards; and (3) States may require plans of care for coverage of certain services. Title III: Provider Participation - Requires providers, to receive payment, to agree: (1) not to discriminate based on race, national origin, income, religion, age, sex or sexual orientation, disability, handicapping condition, or (subject to the professional qualifications of the provider) illness; (2) not to charge patients for covered services; (3) to furnish necessary information to the Board or program; (4) not to employ other providers whose participation has been terminated for cause; and (5) to submit bills within a specified time frame. (Sec. 302) Considers a health care provider to be qualified if it is licensed or certified and meets State law requirements, applicable Federal requirements, and additional standards that the Board may specify. Requires: (1) the Board to establish, evaluate, and update national minimum standards to assure the quality of services provided and to monitor efforts by programs to assure such quality; (2) a reasonable transition period for any new standards; and (3) the Board to provide for an exchange of information among programs with respect to quality assurance and cost containment. (Sec. 303) Defines a "comprehensive health service organization" (CHSO) as a public or private organization which, in return for a capitated payment amount, furnishes or arranges a full range of health services and out-of-area coverage in the case of urgently needed services to an identified population in a specified service area which enrolls voluntarily in the organization. Sets forth various CHSO requirements regarding enrollment, withdrawal for cause, accessibility of services, continuity of care, consumer and provider representation on the board of directors, a patient grievance program, medical standards committees, premiums, utilization and bonus information, provision of services to enrollees at institutions operating under global budgets, marketing of services, and provision of emergency services to nonenrollees. (Sec. 304) Extends current Medicare prohibitions on physician self-referrals for clinical laboratory services to other services and applies such prohibitions to AHSP. Title IV: Administration - Subtitle A: General Administrative Provisions - Establishes the American Health Security Standards Board to develop policies and procedures for enrollment, benefits, provider participation, national and State funding levels, assisting programs with planning for capital expenditures and service delivery, and other functions and to establish uniform reporting standards for health services and programs. Authorizes the Board to make statistical and other studies, test alternative payment methods, and develop and test information and budget systems. Provides for the appointment of an Executive Director of the Board and an Inspector General. (Sec. 402) Directs the Board to provide for an American Health Security Advisory Council to advise the Board on matters of general policy, in the formulation of regulations, and in the performance of the Board's duties and to study the operation of, and utilization of health services under, this Act. (Sec. 403) Directs the Board to appoint advisory committees on benefits, cost containment, primary care and the medically underserved, mental health and substance abuse treatment, and prescription drugs. Authorizes the Board to appoint other temporary advisory committees. (Sec. 404) Establishes an American Health Security Quality Council which shall be responsible for quality review activities (under title V). Directs the Quality Council to report to the Board annually on activities and findings from outcomes research and development of practice guidelines that may affect the Board's determination of coverage of services. (Sec. 405) Requires: (1) each State to submit to the Board a plan for a program for providing health care services to residents of the State (but allows neighboring States to join in regional plans); (2) the Board to provide incentives for States to develop regional planning mechanisms to promote the rational distribution of, adequate access to, and efficient use of, tertiary care facilities, equipment, and services; (3) State programs to meet Federal standards, including single-agency administration, a State health security budget, provider payment and quality review methodologies consistent with Federal standards, freedom to choose providers, a consumer ombudsman, an annual report, and a fraud and abuse prevention and control unit; and (4) the Governor of each State to provide for appointment of a State Health Security Advisory Council to advise and make recommendations to the Governor and State regarding program implementation. Allows: (1) programs not meeting Federal requirements, after notice, to be placed in receivership under the Board's jurisdiction; and (2) States to use fiscal agents, after competitive bidding, to process claims. (Sec. 406) Requires the Secretary of Health and Human Services (Secretary) to direct all activities of the Department of Health and Human Services toward contributions to health of the people in a manner complementary to this Act. Subtitle B: Control Over Fraud and Abuse - Authorizes the Board to exclude providers from participation, impose civil monetary penalties, and seek criminal prosecution for fraud or abuse, based on current Medicaid standards. Requires providers to disclose relevant information about their ownership interest in health facilities and services, based on current Medicaid standards. (Sec. 412) Requires the Board: (1) through the Inspector General, to establish a national health care fraud and abuse data base, including the identity of any provider who has been convicted, had a license revoked, has been excluded or suspended from participation, or has been subjected to a civil penalty with respect to a State program, Medicare, Medicaid, or any other federally funded health program; and (2) to establish rules to protect the confidentiality of information in the data base. Requires States to provide relevant information for this purpose and to periodically inquire of the data base to determine provider qualifications to participate in programs. Sets penalties for submitting false information. (Sec. 413) Requires each program to establish and maintain a health care fraud and abuse unit. (Sec. 414) Directs the Board to provide for the assignment of a unique identifier to each participating provider and to each individual eligible for services, which shall be used for claims and payment. Title V: Quality Assessment - Directs the Quality Council to: (1) collect data from outcomes research on an ongoing basis and develop practice guidelines on the basis of such data and existing clinical knowledge; (2) adopt methodologies for profiling the patterns of practice of health care professionals and for identifying outliers (i.e., health care providers whose patterns of practice suggest quality deficiencies); (3) develop standards for the development of centers of excellence for designated procedures and for education of and sanctions for outliers; and (4) disseminate all quality guidelines and standards to the States for implementation. (Sec. 502) Requires each participating State to establish an entity to conduct quality reviews of persons providing covered services under its program which meet Federal standards for the adoption of practice guidelines, identification of outliers, development of remedial programs and monitoring for outliers, and the application of sanctions. Allows the State to adopt alternative methodologies to those adopted by the Quality Council provided that the State can demonstrate that the efficacy of such review and education programs meets Federal standards. Mandates that the quality review entity be administratively independent of the individual or board that administers the program and not provide any financial incentive to reviewers to favor one pattern of practice over another. (Sec. 503) Expresses the intent to replace random utilization controls with a systematic review of patterns of practice that compromise the quality of care by January 1, 1998. Supercedes all existing Federal utilization review programs, including random case-by-case reviews and programs requiring pre-certification of medical procedures on a case-by-case basis, with exceptions. Specifies that nothing in this section shall preclude case management of catastrophic, mental health, or substance abuse cases where necessary to achieve appropriate, cost-effective, and beneficial comprehensive medical care. (Sec. 504) Requires: (1) each State program to develop and use a uniform electronic data base which uses software designated by the Board and which assures confidentiality for all patient records to enable systematic quality review and outcomes analysis; and (2) the Board to designate such software and establish standards designed to protect the privacy of patients. Limits access by government agencies to patient records. Title VI: Health Security Budget; Payments; Cost Containment Measures - Subtitle A: Budgeting and Payments to States - Directs the Board to establish a national health security budget which specifies the total expenditures to be made by the Federal Government and the States for covered health care services, and allocates those expenditures among the States. Prohibits such budget from exceeding the budget for the preceding year increased by the percentage increase in gross domestic product. Divides the budget into quality assessment, professional education, administrative, and operating components. (Sec. 602) Provides for the allocation of funds in the budget by the Board to the States, based on the national average per capita costs of covered services adjusted for differences among the States in costs and the health status of populations. Permits the use of statistical models to estimate State capitation amounts. Sets forth State adjustment factors to reflect differences in relative needs for funds and directs that such factors be applied in a budget-neutral manner resulting in no change in total Federal expenditures from the national per capita average. (Sec. 603) Requires each program to submit to the Board a proposed and final annual budget broken into quality assessment, professional training, administrative, and operating components, with the operating component broken into facility-based services, individual practitioner payments, payments to CHSOs, and payments for other items and services. Sets forth provisions regarding proposed and final budget deadlines, adjustments in allocations, and expenditure limits. Permits programs to provide for a process for the approval of capital expenditures based on information derived from regional planning agencies. (Sec. 604) Provides for programs to receive Federal funds equal to a weighted average of 86 percent of their population-based share of the budget, which the Board may adjust between 81 and 91 percent based on State economic conditions. (Sec. 605) Requires each program to establish a separate budget account for health professional education expenditures and to distribute funds consistent with the achievement of specified national and program goals, including the receipt by the Board of reports to monitor compliance, and taking into account the potentially higher costs of placing health professional students in clinical education programs in health professional shortage areas. Subtitle B: Payments by States to Providers - Directs that: (1) payment for operating expenses for institutional and facility-based care under State programs be made directly to each institution or facility under an annual prospective global budget approved under the program; (2) such budgets take into account discharges by diagnosis-related group, prior expenditures, the extent to which debt service for capital expenditures has been included in the proposed operating budget, change in the consumer price index and other price indices, compensation, occupancy levels, past financial and clinical performance, training, technological changes, and incentives to maintain costs without reducing care; and (3) facility budgets be adjusted to reflect payments made by CHSOs. Allows programs to permit institutions and facilities to raise funds from private sources to pay for newly constructed facilities, major renovations, and equipment. (Sec. 612) Requires: (1) State programs to pay individual practitioners on a fee-for-service basis, as negotiated between States and practitioner representatives; (2) the Board to establish models for such payment and for global fee payment methodologies to encourage payment for combinations of services; and (3) practitioners to bill State programs within 30 days of providing services. Permits States to require electronic billing. (Sec. 613) Authorizes programs to pay CHSOs based on annual budgets or risk-adjusted capitation payments, reduced by the costs of covered services not provided by the CHSO. (Sec. 614) Directs that programs pay for community-based primary health services based on global budgets, basic primary care capitation amounts for enrollees, or fee-for-service, taking into account costs of serving non-covered patients, providing case management, transportation, and translation, and providing health professional education programs. (Sec. 615) Requires: (1) the Board to establish a list of approved prescription drugs based on the recommendations of the Advisory Committee on Prescription Drugs and to negotiate maximum prices with manufacturers; and (2) each program to pay for such drugs based on such maximum prices and to pay separate dispensing fees to pharmacies. (Sec. 616) Directs the Board to establish a list of approved durable medical equipment and therapeutic devices and equipment and programs to pay for such items based on maximum prices determined by the Board. (Sec. 617) Requires State programs to pay for other items and services based on methodologies to be adopted by the Board, consistent with the State health security budget. (Sec. 618) Directs the Board to establish model payment methodologies and other incentives to promote the provision of services in medically underserved areas. Permits programs to adjust payments amounts within their budgets to encourage provision of appropriate services in underserved areas. (Sec. 619) Authorizes programs to utilize alternative payment methodologies, provided that such methodologies do not affect the entitlement of individuals to coverage, the weighting of fee schedules to encourage an increase in the number of primary care providers, the ability of individuals to choose among qualified providers, the benefits covered under the Program, or compliance with the State health security budget. Requires States to report on the operation and effectiveness of alternative methodologies to enable the Board to evaluate the appropriateness of applying such methodologies to other States. Subtitle C: Mandatory Assignment and Administrative Provisions - Specifies that participating providers: (1) must accept payment from a program as full payment for covered services; and (2) may not impose additional charges on patients. Permits the Board to exclude from participation and subject to civil penalties violators of such provision. (Sec. 632) Requires programs to establish: (1) procedures for reimbursing providers within 60 days of bill submission; and (2) an appeals process to handle grievances pertaining to provider payments. Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved - Subtitle A: Promotion and Expansion of Primary Care Professional Training - Makes the Board responsible for: (1) coordinating health professional education policies and goals to achieve national goals; (2) overseeing program health professional education expenditures; (3) developing and maintaining a system to monitor the number and specialties of individuals through their health professional education, any postgraduate training, and professional practice; and (4) developing, coordinating, and promoting other policies that expand the number of primary care practitioners. Sets as national goals that: (1) at least 50 percent of graduate medical residencies be in primary care within five years of this Act's enactment; and (2) there be a certain number, specified by the Board, of midlevel primary care practitioners employed in the health care system as of January 1, 2000. Directs the Board to: (1) establish a method of applying such goals to program goals for each medical residency program or consortium of programs and reducing payments for residency programs failing to meet their goals; (2) advise the Public Health Service on allocations of funding under specified programs to increase the supply of midlevel primary care practitioners; and (3) commission a study of the potential benefits and disadvantages of expanding the scope of practice authorized under State laws for any class of midlevel primary care practitioners. (Sec. 702) Requires the Board to establish an Advisory Committee on Health Professional Education to advise the Board concerning graduate medical education policies under this title. (Sec. 703) Directs the Board to transfer specified revenues from the American Health Security Trust Fund (Trust Fund) for specified existing programs supporting health professional education and nursing education and for the National Health Service Corps. Subtitle B: Direct Health Care Delivery - Requires the Board to transfer specified Trust Fund revenues to the Public Health Service for: (1) maternal and child health block grants, preventive health block grants, grants to States for community mental health services and prevention and treatment of substance abuse, and grants for HIV health care services; and (2) grants to nonprofit community health centers and similar facilities. (Sec. 713) Directs the Board to make grants to primary care centers (i.e., nonprofit community health centers, migrant health centers, and other federally qualified health centers) to serve medically underserved populations in urban and rural areas. Specifies that grant funds may be used to plan, develop, and deliver primary care in such areas. Subtitle C: Primary Care and Outcomes Research - Requires the Board to transfer specified Trust Fund revenues to the Agency for Health Care Policy and Research for health outcomes research. (Sec. 722) Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) an Office of Primary Care and Prevention Research to be headed by a Director who shall identify and coordinate research activities relating to primary care and prevention, including care provided by multidisciplinary teams. Authorizes appropriations. Requires the Director of NIH to establish a national data system and clearinghouse on primary care and prevention research. Title VIII: Financing Provisions; American Health Security Trust Fund - Subtitle A: American Health Security Trust Fund - Amends the Internal Revenue Code to create the American Health Security Trust Fund. Appropriates to the trust fund the increase in tax liabilities attributable to the application of amendments made by this title and receipts from the following programs: Medicare, Medicaid, Federal employees health benefit program, and the CHAMPUS program. Transfers to such trust fund amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Increases in Corporate and Individual Income Tax Rates; Health Security Premium; Surtax on Individuals With Incomes Over $1,000,000 - Increases individual and corporate income tax rates, including the imposition of a health premium on such increased rates. Imposes a surtax on individuals with incomes over $1 million. Subtitle C: Employment Tax Changes - Increases the tax on employers for hospital insurance. Modifies self-employment and railroad retirement tax provisions. Makes State and local employees subject to the hospital insurance tax. Subtitle D: Other Revenue Increases Primarily Affecting Individuals - Makes permanent the overall limitation on itemized deductions for high-income taxpayers. Makes permanent the phaseout of the deduction for personal exemptions for such taxpayers. Removes residence sale, purchase, or lease expenses and meals while traveling from the deduction for moving expenses. Increases the overall dollar limitation for moving expenses in connection with the commencement of work. Makes the highest estate and gift tax rates permanent. Denies any deduction for club membership fees as an entertainment expense. Includes increased social security benefits in gross income. Provides for the collection of a monthly long-term health care premium for the elderly (other than the low-income elderly) for deposit into the American Health Security Trust Fund. Subtitle E: Other Revenue Increases Primarily Affecting Businesses - Applies mark-to-market accounting method rules for certain securities held by dealers in securities (with specified exceptions for certain types of securities such as those held for investment or as a hedge). Increases the applicable recovery period for depreciation of nonresidential real property under the accelerated cost recovery system. Includes imported property income of a controlled foreign corporation or related person as foreign base company income. Requires the separate application of the limitation on the foreign tax credit on imported property income. Applies the look-thru rules in the case of controlled foreign corporations to such income. Repeals: (1) the deduction for intangible drilling and development costs in the case of oil and gas wells and geothermal wells; (2) the percentage depletion for oil and gas wells; and (3) the application of like-kind exchange rules to real property. Disallows the capitalization of a percentage of advertising expenses. Allows the amortization of such disallowed amount. Subtitle F: Estimated Tax Provisions - Increases individual and corporate estimated tax payments. Repeals special rules which denied the use of a previous year's liability safe harbor for certain individuals with significant increases in tax liability from one year to the next. Modifies corporate annualized income installment provisions. Subtitle G: Alternative Taxable Years - Provides that the taxable year for an S corporation of partnership must be the same as an entity's reporting period if an entity has annual reports or statements which ascertain income profit or loss and are provided to shareholders or used for credit purposes. Revises computation of the amount of the required payment that must be made by a partnership or S corporation that elects a taxable year other than the required taxable year. Subtitle H: Deduction for Charitable Contribution of Appreciated Property Limited to Adjusted Basis - Limits the deduction for charitable contribution of appreciated property to the amount which would have been gained had the property been sold by the taxpayer at its fair market value. Subtitle I: Minimum 5 Percent Rate of Tax on Interest Paid to Foreign Persons - Sets a minimum rate of tax on interest paid to foreign persons notwithstanding any treaty obligations.
United States · United States Congress · 3 March 1993
Medicare Diabetes Outpatient Self-Management Training Services Coverage Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services.
United States · United States Congress · 3 March 1993
Food Stamp Quality Control System Amendments of 1993 - Amends the Food Stamp Act of 1977 to revise the formula (and related provisions) for determining a State's liability for excessive food stamp payment errors. Directs the Secretary of Agriculture and the State food stamp agencies to conduct a joint study and report to the appropriate congressional committees on measurement error and uniformity in the food stamp program quality control error-rate estimation system.
United States · United States Congress · 3 March 1993
Designates December 7 of each year as National Pearl Harbor Remembrance Day.
United States · United States Congress · 2 March 1993
Designates the weeks of April 25 through May 2, 1993, and April 10 through 17, 1994, as Jewish Heritage Week.
United States · United States Congress · 2 March 1993
Declares that it is the sense of the Congress that: (1) access to health care services is a fundamental human right; (2) all legislative proposals by the President and the Congress concerning national health care reform and any initiatives to improve the delivery of health care should be based upon recognition of such right; and (3) legislative proposals should be specifically developed which make policy changes necessary to protect and guarantee such right.
United States · United States Congress · 25 February 1993
Designates the week of June 1 through 7, 1993, as National Polio Awareness Week.
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
Youth Apprenticeship Act of 1993 - Establishes an Institute for Youth Apprenticeship as an independent establishment to administer youth apprenticeship demonstration programs set up under this Act. Directs the Institute Board Chairperson to establish guidelines, criteria, and procedures for such programs. Directs the Institute Executive Director to enter into contracts with public and nonprofit private organizations to develop and evaluate youth apprenticeship demonstration programs. Requires each eligible entity entering into such a contract with the Institute Board to establish partnerships among secondary and postsecondary schools and employers, labor organizations, and community and civic leaders to provide apprenticeship training to students. Requires at least: (1) one secondary school wage incentive demonstration program under which the Institute shall pay 50 percent of the apprenticeship wage; and (2) one secondary school disadvantaged youth demonstration program. Authorizes two postsecondary school demonstration programs. Requires training for various levels of secondary school students. Requires employers to pay: (1) 100 percent of the apprentice wage rate in secondary school programs (but 50 percent in the wage incentive program); (2) 100 percent of the apprentice wage rate and costs of continuing basic skills courses in postsecondary programs; and (3) costs of on-the-job training. Does not require employers to hire apprentices upon completion of the apprenticeships. Requires program coordination and assistance by the Institute, including operating a clearinghouse for the partnerships and gathering information on labor mobility of apprentices. Authorizes appropriations. Terminates the Board, Institute, and these programs within 69 months.
United States · United States Congress · 24 February 1993
Declares that it is the sense of the Congress that any legislation enacted to reform the health care system must: (1) ensure that every person has access to coverage for medically and psychologically necessary treatments for mental disorders that is equitable to the coverage provided for treatments of physical illnesses; and (2) meet specified requirements concerning coverage, consumer choice, financial protection, financing policies, and coordination across Federal, State, and local programs.
United States · United States Congress · 23 February 1993
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; (2) standards or other requirements relating to apprenticeship or other training programs; or (3) liens, bonding, or other security to collect delinquent contributions to a multiemployer plan.
United States · United States Congress · 23 February 1993
Directs the Secretary of Defense to issue a commendation to each individual who was exposed to mustard agents in testing during World War II while serving in the armed forces. Requires the Secretary to: (1) notify each individual so exposed of possible health effects; and (2) make available to the Secretary of Veterans Affairs any information regarding such exposure.