United States · United States Congress · 5 January 1993
Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities and Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.
United States · United States Congress · 5 January 1993
Congressional Accountability Act - Makes applicable to the Congress the following Federal laws to the extent they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978; and (12) Americans with Disabilities Act of 1990. Makes applicable to the Congress the Freedom of Information Act and specified provisions of Federal law relating to the independent counsel.
United States · United States Congress · 5 January 1993
Missing Service Personnel Act of 1993 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Provides for the convening of boards of inquiry to: (1) investigate evidence relating to the disappearance of a person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Directs the Secretary to invite each member of the immediate family of the missing person to board meetings unless attendance would place such member in danger. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of fewer than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) Government representatives have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death. Sets forth penalties for knowingly withholding information pertaining to a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Amendments to the Federal Water Pollution Control Act Title II: Improved Wetlands Permitting; Revisions to Wetlands Delineation Procedures Title III: Wetlands Restoration Program Title IV: Tax Incentives for Wetlands Conservation Wetlands Reform Act of 1993 - Title I: Amendments to the Federal Water Pollution Control Act - Amends the Federal Water Pollution Control Act to make any pollutant discharge or alteration of navigable waters unlawful. Authorizes the issuance of permits for other alterations of navigable waters. Prohibits the issuance of permits if there is a practical alternative to the proposed activity that would have less adverse impact on navigable waters. Title II: Improved Wetlands Permitting; Revisions to Wetlands Delineation Procedures - Directs the Comptroller General to submit to the Congress an analysis of needs of the Corps of Engineers and Environmental Protection Agency for additional personnel, administrative resources, and funding to improve implementation of the wetlands permit program. Requires funds to be used for specified wetlands delineation and education programs. Requires the Director of the Fish and Wildlife Service to use funds for wetlands mapping and for the delineation of wetlands in watersheds and ecosystems for which the need for delineation is particularly acute. Prohibits revisions to or clarifications of any Federal manual for identifying and delineating jurisdictional wetlands or regulations related to the definition, delineation, or identification of wetlands until a specified National Academy of Sciences study has been completed. Title III: Wetlands Restoration Program - Directs the Secretary of the Army to initiate a pilot program of wetlands restoration. Title IV: Tax Incentives for Wetlands Conservation - Directs the Secretary of the Interior to designate a nonprofit organization to be a Wetlands Stewardship Trust if such organization conforms to certain regulations, and includes among its primary purposes the acquisition of interests in wetlands, former wetlands, and associated real property for preservation purposes. Amends the Internal Revenue Code to set forth special rules for charitable contributions of wetlands to such trusts. Excludes from gross income amounts received by the owner of wetlands for allowing any person to use such lands in a compatible use (one that does not degrade the functions or values of such lands).
United States · United States Congress · 5 January 1993
Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison, parole, or being placed on supervised release. Sets forth requirements for an approved State registration program, including fingerprint cards and entry of information into the State law enforcement system and National Crime Information Center computer networks. Provides that the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care service providers. Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
United States · United States Congress · 5 January 1993
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent; and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1996 and thereafter.
United States · United States Congress · 5 January 1993
Garnishment Equalization Act of 1993 - Provides for the treatment of Federal pay in the same manner as non-Federal pay with respect to garnishment. Allows administrative costs to be included in such garnishment.
United States · United States Congress · 5 January 1993
Federal Mandate Relief Act of 1993 - Provides that any requirement under a Federal statute or regulation that a State or local government conduct an activity (including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government.
United States · United States Congress · 5 January 1993
Amends the Child Nutrition Act of 1966 (CNA) and the National School Lunch Act (NSLA) to extend certain authorities. Extends the authorization of appropriations under CNA for: (1) start-up costs for school breakfast programs; (2) State administrative expenses; (3) the special supplemental food program for women, infants, and children (WIC); and (4) nutrition education and training. Extends the authorization of appropriations under NSLA for: (1) the summer food service program for children; (2) a distribution program; (3) statewide demonstration projects under the child and adult care food program; (4) pilot projects; and (5) training, technical assistance, and the Food Service Management Institute.
United States · United States Congress · 5 January 1993
Federal Employees Political Activities Act of 1993 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits the use of official authority to intimidate, threaten, coerce, or influence: (1) any individual for the purpose of interfering with the right to vote or not to vote for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting; or (3) giving or handing over a political contribution to a superior. Prohibits an employee from soliciting, accepting, or receiving a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee, official, or contractor. Prohibits an employee from getting involved with political contributions with any person who: (1) has, or is seeking to obtain, contractual or other business relations with the employing agency; (2) conducts operations regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 5 January 1993
Amends the National Labor Relations Act and the Railway Labor Act to prohibit permanent replacement of strikers. Amends the National Labor Relations Act to make it an unfair labor practice for an employer to promise, threaten, or take other action to hire a permanent replacement for an employee who: (1) at the beginning of a labor dispute was in a bargaining unit in which a labor organization either was the certified or recognized exclusive representative or had filed, at least 30 days before such dispute began, a petition for a representational election on the basis of written authorizations by a majority of unit employees and the National Labor Relations Board (NLRB) has not completed the representation proceeding; and (2) in connection with that dispute has engaged in concerted activities for collective bargaining or other mutual aid and protection through that labor organization. Makes it an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee as described above who is working for or has unconditionally offered to return to work for the employer, out of preference for any other individual based on that individual's performing, having performed, or having indicated a willingness to perform bargaining unit work for the employer during the dispute. Amends the Railway Labor Act to prohibit any carrier or its officer or agent from offering or granting: (1) permanent replacement employee status in a craft or class during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work in a craft or class during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the carrier.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: General Requirements for Leave Title II: Leave for Civil Service Employees Title III: Commission on Leave Title IV: Miscellaneous Provisions Title V: Coverage of Congressional Employees Family and Medical Leave Act of 1993 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Sec. 101) Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) (Sec. 102) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave under this title to: (1) be taken on a reduced leave schedule, upon agreement with the employer; and (2) consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Does not require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. (Sec. 103) Sets forth conditions of certification for leave entitlements under this Act. (Sec. 104) Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees, under specified conditions (the highest paid ten percent of the employer's employees within a 75-mile radius of a facility; the denial must be necessary to prevent substantial and grievous economic injury to the employer's operations). Requires maintenance of employee health benefits during such leave. (Sec. 105) Prohibits interference with or discrimination against employees exercising rights under this title. (Sec. 106) Sets forth the investigative authority of the Secretary of Labor under this title. (Sec. 107) Provides for enforcement of this Act. Provides for administrative and civil actions. Makes an employer who violates this title's prohibitions against interference or discrimination liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost; (2) (where such compensation has not been denied or lost) any actual monetary losses, such as the cost of providing care; (3) interest on such losses; and (4) liquidated damages under certain conditions. Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Sets forth provisions for attorney's fees, limitation of actions, and injunctions. (Sec. 108) Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools. (Sec. 109) Sets forth requirements for posting notice and for fines. (Sec. 110) Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Leave for Civil Service Employees - (Sec. 201) Entitles eligible civil service employees to family and temporary medical leave for specified periods. Allows up to 12 administrative workweeks of leave without pay (or substituted paid leave) in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent); or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Sets forth: (1) requirements for employees to give prior notice; (2) certification provisions; (3) protections for job position and health insurance benefits; and (4) prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - (Sec. 301) Establishes the Commission on Leave. (Sec. 302) Requires the Commission to conduct a comprehensive study of: (1) existing and proposed leave policies; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. (Sec. 306) Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - (Sec. 401 and Sec. 402) Sets forth the effect of this Act on other laws and existing employment benefits. (Sec. 403) Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. (Sec. 404) Directs the Secretary of Labor to prescribe regulations to carry out this title (except those provisions applicable to the Senate) within 60 days. Title V: Coverage of Congressional Employees - (Sec. 501) Applies the rights and protections established under specified provisions of title I of this Act to Senate employees. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act. (Sec. 502) Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 5 January 1993
Morris K. Udall Wilderness Act of 1993 - Designates specified lands in Alaska as the Arctic Coastal Plain Wilderness and a component of the National Wilderness Preservation System.
United States · United States Congress · 5 January 1993
Provides for a maximum speed limit of 65 miles per hour on all highways with four lanes or more open to traffic located outside of urbanized areas. Directs the Secretary of Transportation to study and report to the Congress on the effects on highway safety of increasing the speed limit on such highways.
United States · United States Congress · 5 January 1993
Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.
United States · United States Congress · 5 January 1993
Declares that the Congress opposes any attempt to lower the estate tax exemption or raise the effective rate of taxes on estates because such measures contradict the fundamental goal of the United States Government of encouraging long-term private saving through which productive investment that promotes economic growth can be realized.
![Official portrait of Rep. Minge, David [D-MN-2]](https://www.congress.gov/img/member/m000795_200.jpg)