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
Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women. Declares that this Act shall not be construed to prevent a State from: (1) requiring minors to involve responsible adults before terminating a pregnancy; and (2) protecting individuals from having to participate in abortions to which they are conscientiously opposed.
United States · United States Congress · 5 January 1993
Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available to the same extent as are other pregnancy-related services under federally-funded programs. Repeals provisions of the Indian Health Care Improvement Act requiring submission of a resource allocation plan to the Congress by December 17, 1981.
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
Directs the Administrator of the Environmental Protection Agency (EPA) to establish an office in a community in the United States located: (1) not more than ten miles from the border between the United States and Mexico; and (2) as close as practicable to the point that is halfway between San Diego, California, and Brownsville, Texas. Provides that the head of such office shall be the Regional EPA Administrator for the region. Directs the EPA Administrator to delegate to the Regional Administrator functions relating to: (1) administering EPA activities in such region; and (2) coordinating, and cooperating with the Government of Mexico in the implementation of, EPA programs relating to transboundary hazardous waste and air, soil, and water quality problems.
United States · United States Congress · 5 January 1993
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct a continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 12 August 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 9 July 1992
Supports the planting of 500 redwood trees from California on the northwest coast of Spain in commemoration of the quincentenary of the voyage of Christopher Columbus to the New World. Designates such trees as a gift to the people of Spain made in the name of the people of the United States.
United States · United States Congress · 25 June 1992
Designates the Department of Veterans Affairs medical center in Marlin, Texas, as the Thomas T. Connally Department of Veterans Affairs Medical Center.
United States · United States Congress · 24 June 1992
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 16 June 1992
Designates August 1, 1992, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process.
United States · United States Congress · 11 June 1992
Turbo Enterprise Zone Act - Provides for the waiver of Federal income, employment, self-employment, and excise taxes and State, county, and local jurisdiction taxes on qualified residents and qualified businesses in Los Angeles turbo enterprise zones during a five-year period. Describes such zones as any area in the County of Los Angeles designated as being: (1) significantly and adversely affected by the rioting which occurred on or about May 1, 1992; (2) afflicted with unemployment estimated to exceed 30 percent; (3) subject to severe economic blight as measured by per capita income and the number of persons below the Federal poverty level; and (4) nonproductive of material tax revenues to the city, county, State, or Federal governments. Provides for an extension of such period if necessary. Limits any extension to six years. Expresses the sense of the Congress that California, the County of Los Angeles, and local governments within the County having jurisdiction over areas significantly and adversely affected by unemployment, gang violence, riots, and looting should take immediate steps to eliminate all taxes on qualified residents and qualified businesses for such five-year period. Authorizes other geographic areas to apply for such five-year waiver. Suspends the treatment of any deduction, credit, or capital loss carryover during such period. Allows a turbo enterprise zone employment credit equal to the applicable percentage of qualified first-year wages to a qualified productive business that: (1) is engaged in the manufacture or production of any tangible personal property in a turbo enterprise zone for use outside such a zone; or (2) is providing services performed outside such a zone by a qualified residents. Limits such credit to $1,000 for the first-year wages paid to an employee. Makes such credit applicable to qualified residents of a turbo enterprise zone who are hired during the five-year period. Make such credit a part of the general business credit.
United States · United States Congress · 19 May 1992
Nuclear Weapons Reduction Act of 1992 - Declares that it shall be the goal of the United States to: (1) significantly and continuously reduce the number of nuclear weapons in all countries through a stage-by-stage process; (2) achieve, through negotiations with former Soviet republics, the elimination of all nuclear weapons in such republics, except for the Russian Federation, as soon as possible; (3) reach agreement as soon as possible with the Russian Federation to reduce the number of nuclear weapons in each country's arsenal to a level of approximately 2,500 warheads; (4) begin negotiations with the Russian Federation, the United Kingdom, France, and China to further reduce the number of such weapons to approximately 1,000 weapons each for the Russian Federation and the United States, with lower levels for the other countries; (5) conduct negotiations with such countries and with other countries to make further reductions in nuclear arsenals; (6) provide immediate U.S. assistance to disable, transport, store, and dismantle former Soviet nuclear weapons and missiles and to identify alternative employment opportunities for former Soviet nuclear weapons designers and technicians; (7) achieve a worldwide, verifiable agreement to end by 1995 the production of plutonium and highly enriched uranium for weapons purposes and to place existing stockpiles under bilateral or international controls; and (8) strengthen and expand multilateral regimes to prevent countries from developing nuclear weapons or their components and to create international mechanisms to enforce these regimes.
United States · United States Congress · 19 May 1992
Prohibits a member of the armed forces or person seeking to become a member from being discriminated against by the armed forces on the basis of sexual orientation.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.
United States · United States Congress · 6 May 1992
Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance To Meet Urgent Needs Because of Calamities Such as Those Which Occurred in Los Angeles and Chicago - Makes dire supplemental appropriations for FY 1992 for: (1) the disaster loans program account of the Small Business Administration; and (2) the Federal Emergency Management Agency (FEMA) for disaster relief and the disaster assistance direct loan program account.
United States · United States Congress · 5 May 1992
Military Conscientious Objector Act of 1992 - Establishes procedures for the determination of whether members of the armed forces should be discharged from military service or reassigned to other duties as conscientious objectors. Makes this Act applicable to all members of the armed forces, including members in a retired status and those not on active duty. Provides that, upon application, a member of the armed forces who, on the basis of sincerely held moral, ethical, or religious beliefs is conscientiously opposed to: (1) any participation in war in any form or to any participation in a particular conflict, is entitled to be discharged from the armed forces; and (2) the performance of certain duties in the armed forces, is entitled to be reassigned to other duties that are identified by that member as not inconsistent with such beliefs. Specifies that, upon submission of an application stating the applicant's conscientious objection and requesting a discharge or reassignment: (1) the burden of proof that the applicant does not have have a sincerely held conscientious objection shall lie with the armed forces; and (2) the application may not be rejected unless the Secretary concerned demonstrates by clear and convincing evidence that the applicant does not have such a sincerely held conscientious objection. Sets forth provisions with respect to: (1) the availability of of information regarding application procedures and rights, protections, and obligations afforded to members applying for conscientious objector status; (2) the filing of a notice of intent to file a claim for such status; (3) the right to legal counsel; (4) the filing of the application; (5) appointment of an investigating officer; (6) the convening of an adjudication panel; and (7) judicial review of the panel's decision. Specifies that, in the case of a member who files such application and with respect to whom court martial proceedings are pending arising out of the member's objection to participation in war: (1) the member shall have the right to elect that all such court martial proceedings be held in abeyance pending final determination of the application; (2) if the application is approved, such charges shall be dismissed in conjunction with the discharge of the member; and (3) if the application is denied, the stay of the court martial proceedings shall be lifted. Prohibits: (1) a discharge under this Act from being made with a characterization of service other than that which the member would have received without reference to the conscientious objection claim; and (2) the separation document issued to the member from including any notation that would provide the basis for discrimination or which would otherwise differentiate that person from members discharged under other provisions of law. Specifies that the reenlistment code for such person shall be R-2 unless a lesser designation is warranted by the character of the member's service without regard to the conscientious objection application.
United States · United States Congress · 29 April 1992
Mental Health Care Providers Bounty Prevention Act of 1992 - Amends the Federal criminal code to prohibit, and set penalties with respect to, the intentional solicitation, receipt, or payment of remuneration for patient referrals to, or for purchasing, leasing, ordering, or arranging for any good, facility, or service from, mental health providers.
United States · United States Congress · 9 April 1992
Multiple Employer Self-Insurance Enforcement Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise the applicability of title I (Protection of Employee Benefit Rights) to: (1) multiple employer welfare arrangements (MEWAs); and (2) employee leasing welfare arrangements. Provides for certification requirements and revises provisions relating to State regulation of both such types of arrangements. Sets forth special preemption rules governing treatment and State regulation of MEWAs. Requires certain disclosures, by any MEWA which is not fully insured, to participating employers, participants, and beneficiaries. Provides for administrative adjudication of MEWA benefit claims. Directs the Secretary of Labor (the Secretary) to: (1) provide for an Office of Special Counsel for MEWA Affairs in the Department of Labor; and (2) appoint a Special Counsel as head of such Office. Sets forth requirements for: (1) filing of charges; (2) investigation by the Special Counsel, including an Early Resolution Program; (3) review by an administrative law judge; (4) standards of review by the Wage and Employee Benefits Appeals Board (currently, the Wage Appeals Board); (5) time limitations for review by such Board; (6) service of notice and decision; (7) exhaustion of administrative remedies; (8) final and appealable decisions; and (9) review by the appropriate U.S. Court of Appeals. Provides for State regulation of MEWAs by restricting the preemption of State laws regarding them. Provides for unlimited applicability of State insurance laws to MEWAs that are not fully insured. Provides for an exemption from State laws for MEWAs which provide medical care benefits solely (exclusive of occupational illness injury benefits), and which are not fully-insured, but which meet specified certification requirements or an approved qualified model for State certification procedures superseding such requirements. Makes State laws applicable to: (1) enforcement of such certification requirements or qualified State certification procedures; (2) the services of a contract administrator or any other third party services procured by a MEWA; and (3) collection of necessary information. Provides for treatment of certified MEWAs as employee welfare benefit plans, for specified purposes. Sets forth requirements for certification of MEWAs. Directs the Secretary to issue a certificate of operation for MEWAs that are not fully insured if they meet the specified requirements for: (1) location of participants or beneficiaries in two or more States or in States not requiring specific standards; (2) complete and accurate application; (3) minimum coverage of at least 500 participants and beneficiaries; (4) sponsors; (5) sponsor membership of all participating employers; (6) control by an operating committee under a trust agreement; (7) (upon certificate issuance) identification of all individuals commencing coverage as active or retired owners, officers, directors, or employees of, or partners in, participating employers, or beneficiaries of such individuals; (8) treatment of the sponsor as the plan sponsor; and (9) certain reserves and excess/stop loss coverage. Sets forth requirements for application for certification, including filing fee and comment period, and information relating to: (1) identification of the MEWA sponsor, operating committee members, participating employers, and all participants and beneficiaries; (2) States in which the MEWA is intended to do business; (3) evidence of meeting bonding requirements; (4) plan documents; (5) agreements with service providers; and (6) a funding report (including reserves and excess/stop loss coverage, the adequacy of contribution rates, current and projected values of assets and liabilities, costs of coverage to be charged and other expenses). Requires denial of a certificate to any MEWA subject to disqualification for its sponsor's or any other associated person's: (1) intentional material misstatements in the application; (2) previous misrepresentations or fraud; (3) previous misappropriation or conversion of funds; (4) disqualification for service under fiduciary responsibility provisions of ERISA; (5) previous failures to appear before the Secretary; (6) previous denial, suspension, or revocation of certificate; and (7) other violations. Sets forth additional filing requirements for MEWA certification, including: (1) notice of material changes in information required by the application; (2) annual reports; (3) quarterly financial statements; (4) quarterly reserves statements; (5) engagement of a qualified actuary; (6) filing certificates of operation with States; and (7) notification of expansion of operation in a State (with annual reports to the Secretary to insure compliance with this notification requirement). Requires each certified MEWA to maintain specified claims reserves and surplus accounts. Allows State enforcement of such requirements. Sets certain solvency requirements for certified MEWAs, specified amounts (depending on the number of covered individuals) of aggregate and specific excess/stop loss coverage from a State-licensed insurer, including: (1) coverage in the event of termination of the MEWA; (2) a participating employer's fund; (3) State enforcement of such requirements; and (4) approval of such excess/stop loss coverage and related terms by the Secretary as a prerequisite for certification. Requires operating committees of certified MEWAs to take certain corrective actions to: (1) avoid suspension or revocation of certification; (2) give notice of a likely termination of the MEWA and develop plans for the timely payment of all benefits for which the MEWA is obligated; and (3) in specified cases of failure to comply with certain requirements, take other actions required by the State insurance commissioner to terminate the MEWA and ensure the timely payment of all benefits for which the MEWA is obligated. Allows State enforcement of such corrective action requirements. Provides for expiration of MEWA certificates of operation after three years, and renewal by application. Authorizes the Secretary to suspend or revoke such certificates in specified circumstances. Requires the Secretary to provide for publication and notice of all such expirations, suspensions, or revocations. Authorizes State insurance commissioners to exercise the Secretary's powers of suspension and revocation. Makes such State actions effective: (1) with respect to participants and beneficiaries located in that State; and (2) only after notification to the Secretary and all other State insurance commissioners. Allows State law to provide for rehabilitation, supervision, or liquidation of MEWAs in cases of specified findings or of suspensions, revocations, or expirations of certification. Requires supporting statements for any suspension or revocation decision by the Secretary or a State insurance commissioner. Requires notice and opportunity for a hearing for review before a suspension or revocation becomes effective. Requires surrender of certificates which expire or are suspended or revoked. Sets forth requirements and procedures for review of actions of the Secretary with respect to certification, including decisions on applications and suspensions or revocations of certificates. Allows participating employers of an MEWA to use the alternative method of distributing plan summaries by sending them by first class mail to the last known addresses of participants and beneficiaries. Sets forth conditions of ERISA title I applicability to employee leasing welfare arrangements (ELWAs). Requires ELWAs to have fully insured group health plans for all employees whose services are provided under the ELWA, unless the ELWA meets certain exemption requirements or meets requirements of an approved qualified model for State certification procedures superceding such exemption requirements. Includes under such exemption requirements: (1) a minimum three-year lessor tenure; (2) solicitation restrictions; (3) creation of an employment relationship, involving disclosure statements, informed consent, and informed recruitment of the lessee's employees; (4) a requisite employer-employee relationship under the ELWA, with specified characteristics; and (5) additional requirements under specified provisions for MEWAs which are applicable to ELWAs. Makes expiration, suspension, and revocation provisions for MEWA certificates also applicable to ELWA certificates. Provides for treatment of ELWAs as employee welfare benefit plans for specified purposes. Modifies the definition of MEWA to: (1) include certain collectively bargained arrangements; (2) add to special rules relating to control groups and joint ventures; (3) include ELWAs, except those which meet applicable requirements for exemption added by this Act. Adds other requirements relating to MEWAs and ELWAs, including: (1) insured status reports for determinations of insured status, and enforcement of such reporting requirements by civil penalty; (2) actions by States in Federal court to enjoin violations of specified requirements; (3) criminal penalties for certain willful misrepresentations; and (4) inapplicability of certain requirements to group health plans maintained under ELWAs. Requires timely issuance by the Secretary of regulations under specified ERISA provisions for MEWAs. Provides for treatment of existing MEWAs as certified during the pendency of the application for certification. Provides for continuation of such treatment until the exhaustion of certain administrative remedies. Provides for termination of such treatment upon State intervention. Sets forth requirements for issuance and approval of a qualified model for State certification procedures. Provides that, if the National Association of Insurance Commissions (NAIC) develops and submits to the Congress such a model within one year after enactment of this Act, then such model will go into effect as approved by the Congress by enactment of a joint resolution. Sets forth requirements for: (1) development of model standards; and (2) terms, discharge, consideration, and rules for such joint resolution.
United States · United States Congress · 8 April 1992
Designates October 24 through November 1, 1992, as National Red Ribbon Week for a Drug Free America. Recognize the hard work and dedication of those involved in combatting substance abuse.
United States · United States Congress · 2 April 1992
Global Climate Protection Act - Directs the President to promulgate final regulations that will achieve stabilization of carbon dioxide emissions by January 1, 2000. Requires the Administrator of the Environmental Protection Agency to evaluate and report biennially to the Congress on the progress made pursuant to such regulations. Directs the President to promulgate additional regulations to achieve stabilization if the Administrator finds that the regulations will not achieve stabilization. Permits citizen suits against officers of the United States for failures to perform duties in accordance with this Act.
United States · United States Congress · 24 March 1992
Anti-Car Theft Act of 1992 - Title I: Tougher Law Enforcement Against Auto Theft - Subtitle A: Enhanced Penalties for Auto Theft - Amends the Federal criminal code to provide for a fine, up to 20 years imprisonment, or both, for taking (or attempting to take) a motor vehicle from the person or presence of another by force, violence, or intimidation. Increases penalties for: (1) the importation and exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft (stolen vehicles); and (2) the transportation, sale, or receipt of stolen vehicles. Makes altering or removing motor vehicle identification numbers, exporting or importing stolen vehicles, and dealing in counterfeit obligations or securities predicate offenses to a violation of the Racketeer Influenced and Corrupt Organizations Act. Subtitle B: Targeted Law Enforcement - Requires the Director of the Bureau of Justice Assistance to make grants to Anti-Car Theft Committees submitting applications in compliance with the requirements of this subtitle. Sets forth application requirements, including a statement from a chief executive of such committee that the applicant committee: (1) is either a State agency, an agency of a unit of local government, or a nonprofit entity organized pursuant to specific authorizing legislation by a State or such unit; (2) is or will be financed in part by a tax or fee on motor vehicles registered by or possessed within the State of not less than one dollar per vehicle; and (3) will devote its resources entirely to combating motor vehicle theft. Establishes formulas for the allocation of grant funds. Authorizes appropriations. Title II: Automobile Title Fraud - Directs the Attorney General: (1) by March 1, 1993, to conduct a review of information systems pertaining to the titling of motor vehicles utilized by one or more States or by a third party which represents the interests of States, and promulgate such regulations as the Attorney General deems necessary to the establishment of an information system to serve as a clearinghouse for information pertaining to the titling of motor vehicles; and (2) within six months of the promulgation of regulations, and by no later than September 1, 1993, to establish such a system. Sets forth additional provisions with respect to: (1) system operation; (2) user fees; (3) minimum capabilities of the system (such as enabling the user to determine the validity and status of a document purporting to be a certificate of title); and (4) information availability. Authorizes appropriations. Authorizes a State, by written notice to the operator, to elect to participate in the system. Grants the Director of the Federal Bureau of Investigation authority to deny access to the National Crime Information Center system to any State failing to participate in the information system pursuant to this Act. Sets forth: (1) title verification requirements (by participating States); (2) reporting requirements (by operators of junk or salvage yards and by insurance carriers); and (3) enforcement provisions (providing for the assessment and collection by the Attorney General of a civil penalty, which sum may be deducted from any sums owed by the United States to the person charged, subject to specified requirements). Title III: Illicit Trafficking in Stolen Auto Parts - Directs the Attorney General to promulgate a vehicle theft prevention standard which conforms to the requirements of this Act and which applies with respect to major automobile parts and replacement parts. Sets forth provisions regarding: (1) deadlines for promulgation of a proposed and final standard, extensions, and the effective date of such standard; and (2) application of such standard (to major parts installed by the motor vehicle manufacturer in automobiles with a model year designation later than the calendar year in which such standard takes effect and major replacement parts manufactured after such standard takes effect). Requires that engines and transmissions installed by the motor vehicle manufacturer be permanently stamped with the vehicle identification number and that other major parts have labels affixed meeting certain specifications. Prohibits the standard, in the case of major replacement parts, from requiring identification of any part which is not designed as a replacement for a major part required to be identified under such standard and the inscribing or affixing of any identification other than a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part. Prohibits such standards from imposing costs, to comply with such standard, upon any manufacturer of: (1) motor vehicles in excess of $15 per vehicle; or (2) major replacement parts in excess of such reasonable lesser amount per major replacement part as the Attorney General specifies in such standard. Specifies that the cost of identifying engines and transmissions shall not be taken into account in calculating a manufacturer's costs under such provision. Directs the Secretary of Labor, at the beginning of each calendar year commencing on or after January 1, 1993, as data becomes available, to certify to the Attorney General and publish in the Federal Register the percentage difference between the average of the Consumer Price Index for the 12 months preceding the beginning of such calendar year and such average for the base period. Specifies that, effective for model years beginning in such calendar year, the amounts specified in the previous paragraph shall be adjusted by such percentage difference. Requires every manufacturer of a motor vehicle part which is subject to the standard and any manufacturer of major replacement parts subject to such standards: (1) to establish and maintain such records, make such reports, and provide such items and information as the Attorney General may reasonably require to enable the Attorney General to determine whether such manufacturer has acted or is acting in compliance with this Act and such standard; and (2) upon request of an officer or employee (officer) designated by the Attorney General, to permit such officer to inspect vehicles and major parts subject to the standard and appropriate documents relevant to determining whether such manufacturer has acted or is acting in compliance with this Act and such standard. Sets forth additional requirements with respect to inspections, certification of compliance with such standard, notification of errors to the Attorney General, and inapplicability of certification requirements (to motor vehicles or major replacement parts intended solely for export, which are so labeled or tagged on the vehicle or replacement part itself and on the outside of the container, if any, until exported, and which are exported). Directs the Attorney General to enter into an agreement for the operation of an information system containing the identification numbers of stolen motor vehicles and motor vehicle parts and to designate an individual or entity as the operator of such system. Requires such system to include, at a minimum, the following information pertaining to each motor vehicle reported to a law enforcement authority as stolen and not recovered: (1) the vehicle identification number; (2) the make and model year; (3) the date on which the vehicle was reported as stolen; (4) the location of the law enforcement authority that received the reports of the vehicle's theft; and (5) if the vehicle at the time of its theft contained parts bearing identification numbers different from the vehicle identification number of the stolen vehicle, such identification numbers. Sets forth additional provisions regarding availability of information, recordkeeping, and user fees. Authorizes appropriations. Prohibits (with exceptions) any person from: (1) manufacturing for sale, selling, offering for sale, or introducing or delivering for introduction in interstate commerce or import into the United States any motor vehicle subject to the theft prevention standard under this Act or any major replacement part subject to such standard which is manufactured on or after the date the standard takes effect unless it is in conformity with such standard; (2) failing to comply with any rule prescribed by the Attorney General under this Act; (3) failing to keep specified records (or refusing access to or copying of records), make reports or provide items or information, or permit (or refusing to permit) entry or inspection as required by this Act; or (4) failing to furnish certification, or issuing a certification if such person knows that such certification is materially false or misleading, pursuant to this Act. Prohibits (with exceptions) any person from selling, transferring, or installing a major part marked with an identification number without: (1) first making a request of the operator of the system and determining that such major part has not been reported as stolen; and (2) providing the transferee with a written certificate bearing a description of such major part and the identification number affixed to such major part. Establishes civil and criminal penalties for violation of this Act, including injunctions (upon petition by the Attorney General) to restrain specified violations of, and criminal contempt for violation of an injunction or restraining order issued pursuant to, this Act. Sets forth provisions with respect to venue and subpoenas. Sets forth provisions regarding: (1) the confidentiality of information reported to, or otherwise obtained by, the Attorney General pursuant to this Act, with exceptions; (2) judicial review; and (3) coordination of State and local law with the Federal vehicle theft prevention standard. Directs the Attorney General to conduct three- and five-year studies regarding motor vehicle theft and make recommendations to the Congress. Title IV: Export of Stolen Vehicles - Amends the Tariff Act of 1930 to require the Commissioner of Customs to direct customs officers to conduct random inspections of motor vehicles and shipping containers that contain motor vehicles being exported for purposes of determining whether such vehicles were stolen. Directs the Commissioner to require all persons or entities exporting used self-propelled vehicles by air or ship to provide to the U.S. Customs Service, at least 72 hours before the export, the vehicle identification number of each such vehicle and proof of ownership of such vehicle. Makes such requirement applicable to vehicles exported for personal use. Requires the Secretary of the Treasury to conduct a pilot study of the utility of a nondestructive examination system for inspection of containers that contain motor vehicles leaving the country for the purpose of determining whether such vehicles are stolen.
United States · United States Congress · 24 March 1992
Civil Liberties Act Amendments of 1992 - Amends the Civil Liberties Act of 1988 to increase the authorization of appropriations to the Civil Liberties Public Education Fund. Includes non-Japanese spouses and parents of an individual of Japanese ancestry in the definition of the term "of Japanese ancestry." Modifies requirements regarding payments made in the case of deceased persons. Terminates the duties of the Attorney General a specified period after the Fund terminates (currently, when the Fund terminates).
United States · United States Congress · 5 March 1992
Medicare Geographic Data Accuracy Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to consult with State medical societies in revising the geographic adjustment factors used to determine reimbursements for physician services under part B (Supplementary Medical Insurance) of Medicare. Requires the Secretary to base geographic-cost-of-practice indices under Medicare upon the most recent available data.
United States · United States Congress · 3 March 1992
Universal Voter Registration Act of 1992 - Requires each State to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; or (3) application in person at designated Federal, State, or nongovernmental office locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to elections for Federal office, or in which voters may register at the polling place at the time of a general election for Federal office. Requires each State to: (1) assure that any eligible applicant who submits an application by a certain deadline before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; (3) provide that the name of a voter may not be removed from the official list of eligible voters except by reason of death, criminal conviction, mental incapacity, change in residence, or voter request; (4) inform applicants under this Act of voter eligibility requirements and penalties provided by law for submission of a false voter registration application; (5) ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public. Provides that any State program or activity to protect the integrity of the electoral process by assuring an accurate and current voter registration roll for elections for Federal office: (1) shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965; and (2) shall not result in the removal of the name of any person from the official list of registered voters for failing to vote. Requires a State to complete, not later than 60 days before the date of a primary or general election for Federal office, any program for systematically removing the names of ineligible voters from the official lists of eligible voters. Prohibits a State from removing the name of a voter from the official list of eligible voters for Federal elections on the grounds that the registrant has moved, unless such registrant: (1) confirms in writing that he or she has changed residence to a place outside the jurisdiction of the registrar; or (2) has failed to respond to a notice from the registrar and has not voted or appeared to vote and, if necessary, correct the address in an election during a certain period. Provides that a voting registrar shall correct an official list of eligible voters in elections for Federal office in accordance with change of residence information obtained in conformance with this Act. Sets forth the procedure for voting following a failure to notify the registrar of a change of address. States that in the event of a change of address, for voting purposes, of a voter to another address within the same jurisdiction, the registrar shall correct the voting registration list accordingly. Prohibits such voter's name from being removed from the registry of eligible voters by reason of such change of address, except as provided in this Act. Requires the United States attorney to give the chief State election official written notice of an offender's felony conviction in Federal district court. Amends Federal postal rate law to require the Postal Service to make certain lower postal rates available to State or local election officials who certify that a mailing is required or authorized by this Act. Directs the Federal Election Commission to: (1) develop a mail voter registration application form for Federal elections; (2) submit, not later than June 30 of each odd-numbered year, to the Congress a report assessing the impact of this Act on the administration of Federal elections during the preceding two-year period; and (3) provide information to the States with respect to their responsibilities. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act. Provides for the awarding of attorney fees to the prevailing party, other than the United States. Imposes criminal penalties upon any person who: (1) intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce any person for registering or voting or exercising any right under this Act.