United States · United States Congress · 4 February 1993
Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act - Amends the San Juan Wilderness Protection Act of 1984 to incorporate additional lands in New Mexico into the Bisti/De-Na-Zin Wilderness. Withdraws such lands from all forms of appropriation under the mining laws and from disposition under laws pertaining to mineral and geothermal leasing and mineral material sales. Authorizes the Secretary of the Interior to follow specified coal lease exchange procedures under the Code of Federal Regulations on any coal preference right lease application on such lands if the applicant demonstrates that coal exists in commercial quantities on such lands. Provides for the exchange of State and Navajo Indian lands located in the wilderness for other lands. Establishes the Fossil Forest Research Natural Area within New Mexico. Makes such area subject to the same withdrawal requirements and coal preference rights as the wilderness area designated under this Act. Prohibits livestock grazing in the Area. Directs the Secretary, acting through the Director of the Bureau of Land Management, to develop a baseline inventory of all categories of fossil resources and to conduct monitoring surveys. Requires the Secretary to submit a management plan for the Area to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs to include: (1) a plan for the implementation of a cooperative program with other agencies for laboratory and field interpretation and public education; (2) provisions for vehicle management; (3) procedures for the excavation and collection of fossil remains; and (4) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and environmental values.
United States · United States Congress · 4 February 1993
Chacoan Outliers Protection Act of 1993 - Designates eight new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites. Directs the Secretary of the Interior, subject to appropriations, to assist the Navajo Nation in the protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act.
United States · United States Congress · 4 February 1993
Amends Federal law regarding stock-raising homesteads to require a written notice to the surface owner and the Secretary of the Interior (the Secretary) before a person may enter lands for exploration purposes or to locate a mining claim. Provides for an authorized exploration period during which exploring and locating a mining claim may be conducted with specified negligible surface disruption. Limits the total acreage that may be covered at any time by notices of intention to locate a claim. Prohibits any mineral exploration or development activities without the surface owner's written consent (unless the Secretary of the Interior (the Secretary) has authorized them according to prescribed guidelines). Prohibits the Secretary from authorizing any mineral activities unless a plan of operations has been submitted meeting specified criteria. Directs the Secretary to submit such plan of operations for the surface owner's comments and modifications before determining whether it complies with this Act. Requires the person submitting a plan to pay a fee to the surface owner for the use of surface during mineral activities. Requires reclamation of land to return it to a condition capable of supporting the uses which it was capable of supporting before surface disturbance. Authorizes any surface owner to request an inspection if such owner has reason to believe that he may be adversely affected due to any violation of an approved plan of operations. Provides for enforcement through a civil action by the surface owner. Requires the Secretary to simplify the procedure for surface owners who apply to obtain title to interests in Federal lands.
United States · United States Congress · 4 February 1993
TABLE OF CONTENTS: Title I: Modification of Passive Loss Rules Title II: Provisions Relating to Real Estate Investments by Pension Funds Title III: Discharge of Indebtedness Real Estate Stability and Recovery Amendments of 1993 - Title I: Modification of Passive Loss Rules - Amends the Internal Revenue Code to exclude certain rental real estate development activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Title II: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocation is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Permits a tax-exempt title-holding company to receive unrelated business taxable income of up to ten percent of its gross income, if the income is incidentally derived from the holding of real property. Excludes from unrelated business taxable income: (1) gains from the sale, exchange, or other disposition of real property acquired from financial institutions that are in conservatorship or receivership; (2) amounts received or accrued as consideration for entering into agreements to make loans; and (3) all gains on the lapse or termination of options, written by an organization in connection with its investment activities, to buy or sell real property. Provides for the tax treatment of pension fund investments in real estate investment trusts. Title III: Discharge of Indebtedness - Excludes from gross income income from the discharge of qualified real property business indebtedness. Applies the excluded amount to reduce the basis of the depreciable real property. Limits such amount to the amount of outstanding indebtedness over the fair market value of the property, reduced by any other qualified real estate business indebtedness. Excludes qualified farm indebtedness from the definition of "qualified real property business indebtedness."
United States · United States Congress · 4 February 1993
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 4 February 1993
Ethics in Referrals and Billing Act - Amends the Public Health Service Act to establish a new title, Title XXVII: Physician Referral and Billing. Prohibits a physician from referring a patient to an entity in which the physician or an immediate family member has a financial relationship. Sets forth exceptions. Prohibits any patient from being required to pay for any service provided pursuant to a prohibited referral. Subjects a physician who makes referrals in violation of this Act to civil monetary penalties, suspension of laboratory certification for the lab of referral, and exclusion from participation in the Medicare program. Makes it unlawful, subject to exception, for any: (1) person who furnishes ancillary health services to present a bill to any person other than the patient receiving the services; or (2) physician to present a bill to any ancillary service recipient unless the services were furnished personally or under the supervision of the referring physician or a member of that physician's group practice or by individuals employed by that physician or group practice. Sets forth sanctions for violations of such restrictions.
United States · United States Congress · 4 February 1993
Constitutional Amendment - Prohibits in any fiscal year total Federal outlays from exceeding total receipts, unless a three-fifths roll call vote of both Houses of Congress authorizes a specific excess. Prohibits any increases in the public debt unless a three-fifths roll call vote of both Houses enacts legislation permitting otherwise. Directs the President to submit a balanced budget to the Congress. Permits any revenue-increasing bill to become law only if approved by a majority of the whole number of each House by roll call vote. Waives these provisions when a declaration of war is in effect.
United States · United States Congress · 3 February 1993
Native American Veterans' Memorial Establishment Act - Authorizes the Board of Trustees of the National Museum of the American Indian to design, construct, and maintain a National Native American Veterans' Memorial. Locates the Memorial on the same site as the National Museum of the American Indian. Provides for funding of the Memorial through private donations. States that the United States shall not pay any of the Memorial's establishment expenses, other than providing the location. Defines "Native American" as an Indian, a Native Hawaiian, and an Alaska Native.
United States · United States Congress · 3 February 1993
Colonial New Mexico Commemorative Act - Directs the Secretary of the Interior to prepare a comprehensive management plan to: (1) establish procedures for undertaking research relating to colonial New Mexico and a program for publication of research; (2) develop a survey to evaluate known resources and identify features that require additional study; (3) identify a core system of interpretive sites that would provide a comprehensive overview of the colonial New Mexico story; (4) prepare interpretive materials to address the colonial New Mexico story to be made available to the public; (5) recommend high priority sites that need protection and assistance; (6) prepare options for the management of priority New Mexico resources; (7) recommend highway routes that could be designated as colonial New Mexico tour routes; and (8) evaluate the feasibility of and need for developing commemorative centers in New Mexico. Requires the Secretary to award grants to tribal, governmental, and nongovernmental entities to conserve and protect structures, objects, and sites, and help support cultural events, that have significance in the commemoration of colonial New Mexico. Directs the Secretary to prepare thematic nominations to the National Register of Historic Places of colonial sites and resources in New Mexico. Establishes the Colonial New Mexico Preservation Advisory Committee in the Department of the Interior. Authorizes the Secretary to: (1) develop commemorative centers, operate educational programs, provide technical assistance, conduct cultural events, and prepare media materials; and (2) pay to the city of Espanola, New Mexico, the Federal share of planning and operating a commemorative center as an element of the Spanish Commemorative Plaza. Directs the Secretary to undertake a special resource study of the major prehistoric and historic sites in the Galisteo Basin relating to colonial New Mexico. Authorizes appropriations. Redesignates the Masau Trail as the Pueblo Trail.
United States · United States Congress · 3 February 1993
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 2 February 1993
National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum (the Museum) to be operated as a center for scholarship and museum training and a location for education, research, events, and collection and display of items and materials relating to the life, art, history, and culture of African Americans. Authorizes the Board of Regents of the Smithsonian Institution (Board of Regents) to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum. Establishes a Board of Trustees of the Museum (Board of Trustees) in the Smithsonian Institution. Sets forth various duties of the Board of Trustees, including: (1) establishing and supporting cooperative programs with other museums and institutions; and (2) reporting annually to the Board of Regents. Directs the Secretary of the Smithsonian Institution to appoint a Director, Assistant Director, Secretary, and Chief Curator of the Museum and other officers and employees necessary to operate the Museum and carry out the Board's duties. Authorizes appropriations.
United States · United States Congress · 28 January 1993
Elementary and Secondary School Library Media Act - Amends the Department of Education Organization Act to establish a Division of Elementary and Secondary School Library Media Services within the Office of Educational Research and Improvement. Requires the Director of the Division to award grants to States for acquisition of school library media resources for public elementary and secondary schools. Sets forth requirements for allocation to States, State plans, and State distribution of allocation to local educational agencies. Authorizes appropriations. Requires the Director to award grants for projects that: (1) encourage collaboration between public elementary and secondary library media specialists and teachers to develop instructional units that enable students to use a variety of information resources; and (2) expand students' information-gathering abilities and certain cognitive skills. Authorizes appropriations. Requires the Director to award grants to encourage collaborative elementary and secondary school library media specialist and teacher programs to: (1) expand use of computers and computer networks in the curriculum; and (2) enable elementary and secondary school library media centers to access information from computerized databases. Authorizes the Director to enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out this grants program. Authorizes appropriations. Requires that funds under this Act supplement and not supplant other Federal, State, or local funds.
United States · United States Congress · 28 January 1993
Preventing Our Federal Building Workers and Visitors From Exposure to Deadly Smoke (PRO-FEDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for enforcing a nonsmoking policy at Federal agencies. Requires such policy, at a minimum, to prohibit smoking in each portion of a Federal building that is not ventilated separately. Directs the heads of Federal agencies, the Director of the Administrative Office of U.S. Courts, and specified entities of the legislative branch to adopt such a nonsmoking policy. Authorizes agencies to petition for a waiver from the general requirements if extenuating circumstances prevent enforcement and such agencies make a good-faith effort to enforce an alternative policy that will protect individuals from exposure to environmental tobacco smoke. Requires Federal agencies in which a labor organization has been accorded bargaining unit recognition to engage in collective bargaining to ensure implementation of requirements that affect work areas predominantly occupied by the organization's members. Exempts such work areas from the nonsmoking policy if the bargaining unit and the Federal agency have a collective bargaining agreement that includes provisions relating to smoking privileges that are in violation of this Act's requirements. Terminates such exemption on the earlier of the first expiration date of the agreement or one year after the date of issuance of the guidelines. Directs the Administrator and the Secretary of Health and Human Services to provide technical assistance to Federal agencies and other persons who request it. Requires the Administrator to: (1) establish an outreach program informing the public of the dangers of environmental tobacco smoke; (2) establish an Environmental Tobacco Smoke Advisory Office within the EPA Office of Radiation and Indoor Air; and (3) report to the Congress on compliance with this Act and an assessment of the legal status of smoking in public places.
United States · United States Congress · 28 January 1993
TABLE OF CONTENTS: Title I: Regulatory Impact on Credit Availability Title II: Regulatory Micromanagement Title III: Unnecessary Cost, Paperwork and Regulation Title IV: Consumer Inconvenience, Paperwork, and Cost; Other Non-Supervisory Reforms Title V: Community Investment Economic Growth and Regulatory Paperwork Reduction Act of 1993 - Title I: Regulatory Impact on Credit Availability - Subtitle A: General Provisions - (Sec. 101) Amends the Federal Deposit Insurance Act (FDIA) to modify the criteria relating to real estate lending standards. (Sec. 102) Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to direct the Appraisal Subcommittee of the Federal Financial Institutions Examination Council to encourage the States to develop reciprocity agreements with respect to appraisals performed by licensed real estate appraisers in good standing. (Sec. 103) Amends the FDIA to exempt from its proscription against agreements inimical to the interests of the Federal Deposit Insurance Corporation (FDIC) those agreements governing the deposit custody or collateralization of funds of any public entity. Subtitle B: Impact of Accounting and Capital Issues on Credit Availability - (Secs. 111-113) Amends the FDIA to modify the guidelines regarding: (1) early identification of needed improvements in financial management; (2) accounting objectives, standards, and requirements; (3) recourse agreements; and (4) disclosure by insured depository institutions of the market value of their assets and liabilities. (Secs. 114-115) Requires the Department of the Treasury to report to the Congress on the impact that implementation of risk based capital standards will have upon domestic institutions and credit availability. Modifies the deadline for the promulgation of final regulations regarding certain capital standards that impact upon credit availability. Subtitle C: Disincentives to Risk-taking - (Secs. 121-123) - Amends specified Federal banking laws to modify guidelines with respect to: (1) the attachment of assets; and (2) the culpability standards for civil money penalties and for the directors and officers of an insured depository institution. Subtitle D: Miscellaneous Credit Availability Provisions - (Sec. 131) Requires each appropriate Federal banking agency and the National Credit Union Administration to establish an independent appellate process to review material supervisory determinations made at institutions under their purview. (Sec. 132) Amends the Federal Reserve Act to modify the aggregate limits on insider lending for specified small banks. (Sec. 133) Requires: (1) the Board to study and report to the Congress on certain sterile reserves associated with depository institutions; and (2) the Office of Management and Budget and the Congressional Budget Office to report to the Congress on the budgetary impact of interest payments associated with such reserves. (Sec. 134) Amends the FDIA to prescribe guidelines for the sale by an undercapitalized insured depository institution of credit card accounts receivable. (Sec. 135) Amends the Federal Home Loan Bank Act to modify the guidelines under which Federal Home Loan Banks may make: (1) secured advances to members for housing finance; and (2) investments for the purchase of participating interests in certain residential construction loans. Title II: Regulatory Micromanagement - (Sec. 201) Amends the FDIA to repeal the criteria for safety and soundness regarding the operational and managerial standards of insured depository institutions. (Sec. 202) Requires each appropriate Federal banking agency to review, and eliminate where appropriate, regulations requiring insured depository institutions to produce unnecessary internal written policies. (Secs. 203-204) Modifies the guidelines regarding deposit solicitation by insured depository institutions to include within the definition of "deposit broker" an undercapitalized institution. Sets forth a transition period for new Federal regulations which impose additional requirements on an insured depository institution. Title III: Unnecessary Cost, Paperwork and Regulation - Subtitle A: General Provisions - (Secs. 301-302) Amends the FDIA to: (1) extend from 18 months to 24 months the mandatory on-site examination cycle for specified small-sized, insured depository institutions; (2) allow exemption from its examination requirement of insured depository institutions within certain depository institution holding companies; and (3) direct Federal banking regulatory agencies to coordinate their examinations with their State counterparts. (Sec. 304) Modifies the call report requirements affecting insured depository institutions. (Sec. 305) Directs the Federal Financial Institutions Examination Council to review and reduce, where appropriate, the burdensome effect upon community banks of compliance requirements associated with risk-based capital rules. (Sec. 307) Amends Federal law to modify the recordkeeping requirements for monetary instruments transactions. (Sec. 308) Amends the FDIA to direct the FDIC to minimize the regulatory burden imposed upon insured depository institutions. (Sec. 309) Amends the Federal Reserve Act and the FDIA to limit the liability of domestic banks with respect to deposits made at foreign branches. Subtitle B: Holding Company Efficiencies - (Sec. 321) Amends the Bank Holding Company Act of 1956 to cite circumstances under which a company may acquire control of a bank undergoing a specified kind of reorganization. (Sec. 322) Amends the Securities Act of 1933 to exempt from its registration requirements any acquisitions resulting from such reorganization. (Sec. 323) Amends the Bank Holding Company Act of 1956 to: (1) modify the procedures under which bank holding companies acquire the shares of any company whose nonbanking activities are closely related to banking; and (2) provide for reduction of the post-approval waiting period for mergers, acquisition, or consolidation transactions. Title IV: Consumer Inconvenience, Paperwork, and Cost; Other Non-Supervisory Reforms - Subtitle A: Consumer Benefits and Lending Process Improvements - (Sec. 401) Directs the Board to study and report to the Congress on ways to streamline the credit-granting process. (Secs. 402-404) Amends the Truth in Lending Act to: (1) exempt specified credit transactions from its disclosure requirements; (2) repeal the "personal financial emergency" prerequisite to the Board's authority to modify rights relating to certain consumer credit transactions; and (3) modify the disclosure requirements for adjustable rate credit transactions. (Sec. 405) Amends the Truth in Savings Act to exempt business accounts from its purview. (Sec. 406) Amends the Real Estate Settlement Procedures Act to repeal certain disclosure requirements regarding federally related mortgage loans that are statutorily mandated elsewhere. Subtitle B: Other Non-Supervisory Reforms Part 1: Expedited Funds Availability and Electronic Transfers - (Secs. 411-413) Amends the Expedited Funds Availability Act to: (1) modify the availability schedules for both depository institution accounts and new accounts; and (2) authorize the Board to establish rules regarding losses and liability among the States and their political subdivisions in connection with any aspect of the payment system. (Sec. 414) Amends the Electronic Fund Transfer Act to increase consumer liability for unauthorized electronic funds transfers where the cardholder has substantially contributed to such use. Part 2: Amendments to The Truth in Lending Act - (Sec. 421) Amends the Truth in Lending Act to increase cardholder liability for unauthorized credit card use where the cardholder does not timely notify the card issuer. Part 3: Homeownership Amendments - (Sec. 431) Amends the Home Mortgage Disclosure Act of 1975 to modify the total assets criterion used to exempt depository institutions from its purview. (Sec. 432) Amends the Housing and Urban Development Act of 1968 to modify its homeownership debt counseling notification requirements. (Sec. 433) Forbids any Federal banking agency from requiring any institution under its purview to engage in data collection practices pursuant to the requirements of the Fair Housing Act other than data required under the Home Mortgage Disclosure Act of 1975. Part 4: Amendments to the Truth in Savings Act - (Sec. 441) Amends the Truth in Savings Act to limit a depository institution's civil liability for non-compliance with its disclosure requirements regarding: (1) annual percentage yield earned and the amounts of any fees or charges imposed; and (2) interest rates and terms of accounts in advertisements or solicitations. Part 5: Amendments to the Real Estate Settlements Procedures Act - (Sec. 451) Amends the Real Estate Settlement Procedures Act of 1974 to: (1) modify the disclosure requirements for federally related mortgage loans; and (2) exempt from its purview specified credit extension transactions. Title V: Community Investment - (Sec. 501) Amends the Community Reinvestment Act of 1977 to: (1) mandate that, in its examination of a financial institution, a Federal financial supervisory agency shall minimize the regulatory paperwork burdens associated with compliance with such Act; (2) delineate the evaluation parameters under which an application for a deposit facility shall be accepted; (3) amend the service area guidelines relating to credit for distressed communities; (4) include "special purpose banks" within its purview; and (5) authorize the Federal financial supervisory agencies to accept State examinations conducted pursuant to comparable State community reinvestment laws in satisfaction of the requirements of such Act.
United States · United States Congress · 28 January 1993
Energy Security Tax Act - Amends the Internal Revenue Code to impose an excise tax on the first sale within the United States of imports of: (1) crude oil; (2) refined petroleum products; and (3) petrochemical feedstocks or petrochemical derivatives.
United States · United States Congress · 28 January 1993
Technology for the Classroom Act of 1993 - Directs the Secretary of Education to award competitive grants to eligible consortia to develop instructional programs and technology-based systems for complete courses or units of study for a specific subject and grade level, if these are commercially unavailable locally. Requires that an eligible consortium consist of: (1) State or local educational agencies in partnership with businesses; and (2) institutions of higher education or other public or private nonprofit organizations. Requires priority to be given to applications describing programs that are developed: (1) so that the program may be adapted and applied nationally; and (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. Authorizes the Secretary to award grants to: (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources; and (2) develop jointly, with local educational agencies or individual schools, strategies to improve accessibility and use of technology-based learning resources, including specific plans for teacher and school personnel training, hardware or software acquisition (if this is a major barrier to accessibility), and partnership arrangements with businesses, institutions of higher education, and other public or private nonprofit organizations. Sets forth State plan requirements. Directs the Secretary to: (1) coordinate and share information regarding these curriculum-based educational technology programs with other Federal agencies; and (2) collect and disseminate information about such developed products and their evaluation. Requires that any royalties paid to any State or local educational agency as a result of assistance provided under this Act be used for further development of curriculum-based learning resources authorized by this Act. Authorizes appropriations.
United States · United States Congress · 28 January 1993
Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1993 - Directs the Administrator of the Environmental Protection Agency to issue guidelines for enforcing a nonsmoking policy at indoor facilities where children's services are provided. Requires such policy, at a minimum, to prohibit smoking in each portion of such a facility that is not ventilated separately. Directs the Administrator and the Secretary of Health and Human Services to provide technical assistance to persons who provide children's services and other persons who request it. Authorizes persons who make a good-faith effort to enforce a nonsmoking policy that meets requirements to petition their funding Federal agency for a waiver from the general requirements. Sets forth conditions for granting waivers, including that the person requesting the waiver will make a good-faith effort to enforce an alternative nonsmoking policy to protect children. Provides for special waivers for persons who provide children's services pursuant to certain collective bargaining agreements. Prescribes civil penalties for violations of this Act. Exempts from this Act's requirements registered persons providing children's services in a private residence to grandchildren, nieces, or nephews. Directs the Administrator to report to the Congress on information concerning compliance with this Act and an assessment of the legal status of smoking in public places.
United States · United States Congress · 28 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 · 27 January 1993
Amends Federal law to prohibit any State from imposing an income tax on the pension income of any individual who is not a resident or domiciliary of that State.
United States · United States Congress · 26 January 1993
Amends the Legislative Reorganization Act of 1946 and other Federal law to: (1) prohibit cost-of-living adjustments in the salaries of Members of Congress, Executive Schedule officers, and the Vice President from exceeding cost-of-living adjustments for social security benefits; (2) allow Members of Congress to receive cost-of-living adjustments only in nonelection years; and (3) prohibit cost-of-living adjustments in the retirement annuities of Members of Congress and Executive Schedule officers from exceeding cost-of-living adjustments for social security benefits.
United States · United States Congress · 26 January 1993
Indian Employment and Investment Act of 1993 - Amends the Internal Revenue Code to establish an Indian reservation credit as a tax credit for investment in qualified Indian reservation property. Treats real estate rentals on an Indian reservation as the active conduct of a trade or business on such reservation. Declares that such credit applies only in the event that the Indian unemployment rate on the applicable reservation exceeds 300 percent of the national average unemployment rate at any time during the taxable year or in the immediately preceding taxable year. Provides for the recapture of such credit in the event such reservation property ceases to be investment property. Sets forth rules with respect to adjusting the basis of such property to reflect the investment credit. Allows businesses an employment credit for the qualified wages and qualified employee health insurance costs paid or incurred during a taxable year. Requires employees to perform substantially all services within an Indian reservation and to reside on or near such reservation. Limits such credit to the first seven years of employment and excludes employees earning more than $30,000 per year. Establishes penalties to be imposed if an employee is terminated before the day one year after the day on which the employee began work for the employer. Applies certain rules for computing the targeted jobs credit to such employment credit.
United States · United States Congress · 26 January 1993
Hatch Act Reform Amendments of 1993 - Declares that a Federal employee may take an active part in political management or in political campaigns, except that he or she may not: (1) use official authority or influence for the purpose of interfering with or affecting the result of an election; (2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is a member of the same Federal labor organization or a Federal employee organization with a multicandidate political committee (PAC), such person is not a subordinate employee, and the solicitation is for a contribution to the organization's PAC; (3) run for nomination or election to a partisan political office; or (4) knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before his or her employing office, or who is the subject of, or a participant in, an ongoing audit, investigation, or enforcement action carried out by such employing office. Sets forth special prohibitions for employees of the Federal Election Commission (FEC) who are not presidential appointees. Prohibits any employee (except certain political appointees in specified circumstances) 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 his or her office or position; or (4) while using any vehicle owned or leased by the Government. Authorizes the Office of Personnel Management (OPM) to prescribe regulations permitting employees residing in the immediate vicinity of the District of Columbia in Maryland or Virginia, or in a municipality where the majority of voters are Federal employees, to participate in political management and political campaigns involving their area of residence, if OPM determines that such political participation is in their domestic interest. Requires any employee who has been determined by the Merit Systems Protection Board to have twice violated political activity prohibitions to be removed from his or her position. Prohibits such an employee from holding any position of Federal employment unless elected. Amends the Federal criminal code to make it unlawful for any person to coerce or attempt to coerce any Federal employee to engage or not engage in any political activity. Includes U.S. Postal Service, Postal Rate Commission, and District of Columbia employees within the coverage of this Act.
United States · United States Congress · 26 January 1993
Authorizes the President to present to Red Skelton, on behalf of the Congress, a gold medal in recognition of his performance as an entertainer and humanitarian. Authorizes the Secretary of the Treasury to strike a gold medal with suitable emblems and to strike and sell bronze duplicates. Declares such medals national medals. Authorizes appropriations.
United States · United States Congress · 26 January 1993
Long-Term Care Insurance Improvement and Accountability Act - Amends the Public Health Service Act to mandate the establishment of model Federal standards for long-term care insurance. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Authorizes appropriations. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits twisting, high pressure tactics, and cold lead advertising. Mandates minimum financial standards, including income and asset criteria, for advising individuals considering the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; (2) of duplicate service policies; and (3) of policies that reduce, limit, or coordinate benefits on the basis of eligibility for other coverage or benefits. Provides for: (1) criminal and civil penalties; and (2) agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies, regulating premiums for converted policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Mandates standards regarding upgraded benefits. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) subject to exceptions, uniform language and definitions, a uniform format, and at least one standard benefit package; and (2) disclosure of certain matters, including an outline of coverage. Mandates recommendations by the National Association of Insurance Commissioners (NAIC) regarding informing consumers on the long-term economic viability of long-term care insurance carriers. Limits certain conditions on benefits. Requires, if benefits are provided for home health care or community-based services, that certain minimum benefits be provided. Prohibits treating cognitive or mental impairments (including Alzheimer's disease and mental illness) differently from other medical conditions. Limits preexisting condition requirements. Requires: (1) each claimant to have a functional assessment by an individual or entity meeting NAIC qualifications and unconnected to the policy issuer; (2) inflation protection, unless rejected in writing by a policyholder; (3) disclosure of certain premium increases; and (4) nonforfeiture benefits. Prohibits a carrier from contesting a policy or claim based on fraud or misrepresentation unless notice is provided within a time period set by NAIC. Establishes the right of a purchaser to return a policy within a specified period. Defines "long-term care insurance policy," excluding: (1) any basic Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Authorizes grants for programs to provide information, counseling, and assistance regarding the procurement of long-term insurance. Authorizes appropriations.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Wilderness Additions Title II: Death Valley National Park Title III: Joshua Tree National Park Title IV: Mojave National Park Title V: National Park Wilderness Title VI: Miscellaneous Provisions Title VII: Definitions Title VIII: Military Lands and Overflights California Desert Protection Act of 1993 - Title I: Wilderness Additions - (Sec. 102, 108) Designates as additions to the National Wilderness Preservation System 74 wilderness areas within the California Desert Conservation Areas (CDCA), the Yuma District, and the Bakersfield District of the Bureau of Land Management. Permits grazing in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. (Sec. 109) Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. (Sec. 111) Designates certain lands in the Havasu National Wildlife Refuge and the Imperial National Wildlife Refuge in California as components of the System. Title II: Death Valley National Park - (Sec. 202) Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - (Sec. 302) Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. (Sec. 306) Continues the validity of certain rights-of-way of the Metropolitan Water District (MWD). Title IV: Mojave National Park - (Sec. 402) Establishes the Mojave National Park which subsumes the East Mojave Scenic Area. (Sec. 407) Withdraws Federal lands within the Park from further exploitation under the mining laws. Authorizes the Secretary to regulate mining in the Park. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. (Sec. 411) Continues the validity of certain rights-of-way to the Southern California Edison Company and the Southern California Gas Company. (Sec. 413) Designates the Granite Mountains Natural Reserve within the Park. Title V: National Park Wilderness - (Sec. 501) Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Park Wilderness. Title VI: Miscellaneous Provisions - (Sec. 601) Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. (Sec. 602) Establishes the Desert Lily Sanctuary within the CDCA. Withdraws Federal lands within the Sanctuary from further exploitation under the mining laws. (Sec. 604) Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness or park designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the MWD. (Sec. 606) Directs the Secretary to ensure access to the wilderness areas and parks, designated by this Act for traditional Indian cultural and religious purposes. (Sec. 607) Reserves Federal water rights for wilderness areas designated by this Act. (Sec. 608) Authorizes appropriations. (Sec. 609) Directs the Secretary, upon request of the affected parties, to enter into negotiations for agreements to exchange certain Federal lands for California State School Lands and Catellus Development Corporation lands located within the boundaries of the wilderness areas or park units designated by this Act. Title VII: Definitions - (Sec. 701) Sets forth specified definitions. Title VIII: Military Lands and Overflights - California Military Lands Withdrawal and Overflights Act of 1991 - (Sec. 802) States that nothing in this Act shall preclude military overflights over park or wilderness areas designated by this Act. (Sec. 803) Withdraws from appropriation under public land laws, and reserves for defense-related purposes by the Secretary of the Navy, specified lands in California known as the China Lake Naval Weapons Center and Chocolate Mountain. Withdraws such lands from the mining and mineral leasing laws. (Sec. 805) Directs the Secretary of the Navy to take necessary precautions to prevent and suppress brush and range fires occurring on such lands as a result of military activities. (Sec. 805) Assigns management responsibility for the China Lake area to the Secretary of the Navy. Directs the Secretary of the Interior to be responsible for the issuance of any lease, easement, right-of-way, and other authorization with respect to any activity on the withdrawn lands. (Sec. 806) Terminates land withdrawals under this Act 25 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act. (Sec. 807) Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal. (Sec. 808) Requires the Secretary of the Navy to notify the Secretary of the Interior whether an extension is going to be requested and, if not, to what extent such lands are contaminated with hazardous materials. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary of the Interior to refuse to accept such lands. Requires the Secretary of the Navy to: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary of the Interior and the Congress on the status of such lands. (Sec. 811) Exempts the United States from liability for damages resulting from nonmilitary activity on withdrawn lands. (Sec. 812) Authorizes the Navy's use of the El Centro Ranges in Imperial County, California, through 1995, subject to resource protection requirements.
United States · United States Congress · 21 January 1993
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 was seeking to be so certified or recognized, on the basis of written authorizations by a majority of unit employees; 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 also an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee 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 discriminating against an employee in a craft or class in any of the above ways prohibited to employers under the National Labor Relations Act.
United States · United States Congress · 21 January 1993
Amends the National School Lunch Act to remove the requirement that schools participating in the school lunch program offer students specified types of fluid milk (while retaining the requirement that they offer fluid milk).
United States · United States Congress · 21 January 1993
Government Performance and Results Act of 1993 - Requires executive agency heads to submit to the Director of the Office of Management and Budget (OMB) a strategic plan for performance goals of their agency's program activities. Requires such plan to cover at least a five-year period and to be updated at least every three years. Requires the inclusion of performance plans in the President's budget. Directs the Director to require each agency to prepare annual performance plans covering each program activity in the agency's budget. Requires executive agency heads to report annually to the President and the Congress on program performance for the previous fiscal year, setting forth performance indicators, actual program performance, and a comparison with plan goals for that fiscal year. Specifies the contents of such reports. Authorizes the Director to exempt any agency with annual outlays of $20 million or less from strategic and performance plan reporting requirements. Allows performance plans to include proposals to waive administrative procedural requirements and controls in return for specific individual or organization accountability to achieve a performance goal. Requires the Director of OMB to designate: (1) no fewer than ten agencies (representing a range of Government functions) as pilot projects in performance measurement; (2) no fewer than five agencies (selected from agencies in performance measurement pilot projects) as pilot projects in managerial accountability and flexibility; and (3) no fewer than five agencies (selected from agencies in performance measurement pilot projects) as pilot projects in performance budgeting. Sets forth provisions with respect to strategic and performance planning at the U.S. Postal Service. Directs the Office of Personnel Management to develop a strategic planning and performance measurement training component for its management training.
United States · United States Congress · 21 January 1993
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Elevation of the Environmental Protection Agency to Cabinet Level Title II: Environmental Role of the United States in International Organizations to Which it Belongs Title III: Establishment of the Commission on Improving Environmental Protection Title IV: Effective Date Department of the Environment Act of 1993- Title I: Elevation of the Environmental Protection Agency to Cabinet Level - Department of the Environment Act - Redesignates the Environmental Protection Agency (EPA) as the Department of the Environment. Encourages the Secretary of the Environment to: (1) assist the Secretary of State in participating in international environmental protection agreements and organizations; (2) conduct research on and develop responses to international environmental problems; and (3) provide assistance to foreign countries and international bodies to improve the environment. Establishes a Bureau of Environmental Statistics and an Advisory Council on Environmental Statistics. Authorizes appropriations. Authorizes grants to, and contracts with, State and local governments to assist in data collection. Directs the Secretary to enter into an agreement with the National Academy of Sciences for a report on the adequacy of the Department's data collection procedures and capabilities. Authorizes appropriations. Sets forth conflict-of-interest disclosure requirements for persons entering into arrangements for services with the Secretary. Requires public notice when the award of a contract may result in a conflict of interests. Title II: Environmental Role of the United States in International Organizations to Which It Belongs - Urges the Secretary of State to convene international conferences to encourage the exchange of information on energy efficiency and environmentally acceptable renewable energy sources. Requires the President to encourage the establishment of an international office to monitor annual generation of carbon dioxide and trace gases on a country-by-country basis. Title III: Establishment of the Commission on Improving Environmental Protection - Establishes the Commission on Improving Environmental Protection to make recommendations on the implementation of Federal environmental laws to protect human health and the environment. Authorizes appropriations. Title IV: Effective Date - Sets forth the effective date.
United States · United States Congress · 21 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 before fetal viability. Allows a State to: (1) restrict the freedom of a woman to chose to terminate a pregnancy after viability unless the termination is necessary to protect the life or health of the woman; and (2) impose requirements on abortions if the requirements are necessary to protect the life or health of the woman. Declares that nothing in this Act shall be construed to prevent a State from: (1) protecting individuals or private health care institutions from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy.
United States · United States Congress · 21 January 1993
National Writing Project Reauthorization Act of 1993 - Amends the Education Council Act of 1991 (Public Law 102-62) to extend the authorization of appropriations for the National Writing Project. Revises provisions relating to the National Writing Project, including provisions for Federal share, evaluation, and research and development activities.
United States · United States Congress · 21 January 1993
Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment. Provides for the tax treatment of account reserve income that does not exceed a specified percentage of the company's total income. Subjects a portion of such investment income to unrelated business income tax.
United States · United States Congress · 21 January 1993
National Voter Registration Act of 1993 - Requires States 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. 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 in furtherance of this Act. Directs the Federal Election Commission to develop a mail voter registration application form for Federal elections. Provides a private right of action for an individual aggrieved by a violation of this Act. Imposes criminal penalties for specified violations of this Act.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Control of Congressional Campaign Spending Subtitle A--Senate Election Campaign Spending Limits and Benefits Subtitle B--Expenditure Limitations, Contribution Limitations, and Matching Funds for Eligible House of Representatives Candidates Subtitle C--General Provisions Title II: Independent Expenditures Title III: Expenditures Subtitle A--Personal Loans; Credit Subtitle B--Provisions Relating to Soft Money of Political Parties Title IV: Contributions Title V: Reporting Requirements Title VI: Federal Election Commission Title VII: Ballot Initiative Committees Title VIII: Miscellaneous Title IX: Effective Dates; Authorizations Congressional Campaign Spending Limit and Election Reform Act of 1993 - Title I: Control of Congressional Campaign Spending - Subtitle A: Senate Election Campaign Spending Limits and Benefits - (Sec. 101) Makes Senate candidates eligible to receive benefits under this title if they meet certain contribution and expenditure limits. Limits Senate primary expenditures for a candidate (or his or her authorized committees) to: (1) 67 percent of the general election expenditure limit; or (2) $2.75 million. Limits runoff expenditures. Sets a threshold contribution amount which triggers application of such primary and runoff limits. Limits the use by a Senate candidate (or authorized committees), during an entire election cycle, of the candidate's personal (or family) funds (including debt). Limits aggregate general election expenditures by an eligible Senate candidate (or authorized committees) to the lesser of: (1) $5.5 million; or (2) the greater of $950,000, or $400,000 plus 30 cents times the voting age population up to 4,000,000 and 25 cents times the voting age population over 4,000,000. Exempts from the general election expenditure limit qualified legal and accounting expenditures from a legal and accounting compliance fund meeting certain requirements. Entitles eligible Senate candidates to certain broadcast media rates, mailing rates, voter communication vouchers (up to a certain amount), and in certain circumstances, payments compensating for independent expenditures and excess expenditures (if any) on behalf of the candidate's opponent. Requires the Federal Election Commission (Commission) to certify an eligible Senate candidate within 48 hours after his or her application to the Secretary of the Senate. Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of ten percent of all Senate candidates, and the campaign accounts of all opponents of such candidates as well. Requires candidates to refund to the Commission any excess payments, expenditures, or voter communication vouchers. Sets civil penalties for excess expenditures and contributions. Provides for judicial review of Commission actions and requires Commission reports to the Senate. Denies any payments to any eligible Senate candidate unless he or she certifies that all his or her television commercials permit closed captioning. (Sec.102) Reduces from $5,000 to $2,500 the maximum aggregate contributions of any multicandidate political committee (PAC) to a Senate candidate (or authorized committees). Makes it unlawful for aggregate PACs to contribute to any Senate candidate (or authorized committees) more than the lesser of: (1) $825,000; or (2) the greater of $375,000, or 20 percent of the sum of the general election spending limit plus the primary election spending limit (without regard to the candidate's eligibility for FECA benefits). Requires annual adjustments of such dollar amounts according to a specified price index. (Sec. 103) Sets forth reporting requirements for Senate candidates not eligible for FECA benefits. Requires reports to the Secretary within 24 hours of any contributions raised and expenditures made in excess of FECA limits. Allows the Commission to make its own determination of whether an ineligible candidate exceeds FECA limits. Requires any candidate for the Senate who, during the election cycle, exceeds limits on the use of personal and immediate family funds, and on personal loans incurred by the candidate and the candidate's immediate family, to report to the Secretary of the Senate within 24 hours after such expenditures have been made or loans incurred. Requires certain expenditure reports from any Senate candidate who held Federal, State, or local office during the same election cycle, and made any expenditures, before becoming a Senate candidate, which would have been treated as Senate candidate expenditures. Requires Senate candidates ineligible for FECA benefits to place on every paid or authorized political commercial or communication the declaration: "This candidate has not agreed to voluntary campaign spending limits." Subtitle B: Expenditure Limitations, Contribution Limitations, and Matching Funds for Eligible House of Representatives Candidates - (Sec. 121) Limits an eligible House of Representatives (House) candidate, in an election cycle, to aggregate expenditures of $600,000, of which not more than $500,000 may be expended in the general election period. Limits run-off election and special election expenditures for such a candidate, with additional allowances for closely contested primaries. Requires annual adjustment of such limits according to a specified price index, using calendar 1992 as the base year. Waives expenditure limitations for an eligible House candidate if any opponent is not eligible for FECA benefits and spends in excess of 80 percent of the general election period limit. Requires any noneligible House candidate who receives contributions exceeding 50 percent of the general election period limit, or makes expenditures exceeding 80 percent of such limit, to report to the Clerk of the House of Representatives within 48 hours. Excludes from the computation of expenditures subject to limits under this title: (1) any payments for legal and accounting compliance and Federal, State, or local taxes with respect to a candidate's authorized committees; and (2) certain fundraising costs, including salaries and overhead. Sets forth graduated civil penalties for low, medium, and large amounts of excess expenditures. Limits the aggregate contributions an eligible House candidate may accept with respect to any election cycle to $600,000. Waives contribution limitations for an eligible House candidate if any opponent is not eligible for FECA benefits and spends in excess of 50 percent of the general election period limit. Limits to $50,000 in any election cycle the personal contributions of an eligible House candidate from his or her own funds. Waives this limitation if any other House candidate in the same election is ineligible for FECA benefits and receives contributions exceeding 50 percent of the general election period limitation. Sets forth graduated civil penalties for low, medium, and large amounts of excess contributions. Excludes from the computation of contributions subject to limits under this title any used for legal and accounting compliance costs and Federal, State, or local taxes with respect to a candidate's authorized committees. Requires annual adjustment of contribution limitations according to a specified price index, using calendar 1992 as the base year. Entitles an eligible House candidate to receive, for a general election, an amount from the Commission matching up to $200,000 of contributions from individuals (but not to the extent that contributions from any individual during the election cycle exceed $250 in the aggregate). Entitles an eligible candidate to additional matching payments if independent expenditures totaling a certain amount are made against him or her or in favor of another candidate. Prohibits conversion of any matching funds to personal use other than for reimbursement of verifiable prior campaign expenditures. Requires the Commission to examine and audit, for FECA compliance, the campaign accounts of ten percent of the eligible House candidates, and the campaign accounts of all opponents of such candidates as well. Requires candidates to refund to the Commission any excess payments. Provides for judicial review of Commission actions and requires Commission reports to the House of Representatives. Denies any payments to any eligible House candidate unless he or she certifies that all his or her television commercials permit closed captioning. (Sec. 122) Limits to $200,000 the maximum aggregate contributions of political committees to a House candidate, and to the same amount the maximum aggregate contributions of persons other than political committees whose contributions run over $250 (large donors). Subtitle C: General Provisions - (Sec. 131) Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Allows Senate candidates to purchase broadcast time at 50 percent of the lowest unit rate for the 45 days before a general election. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. (Sec. 132) Amends Federal law to permit eligible House and Senate candidates to mail up to one piece per eligible voter (voting age population) at the lowest third-class non-profit postage rate, during a general election period only. (Sec. 134) Requires a clear statement of responsibility in advertisements with: (1) a clearly readable type and color contrasts for print advertisements; (2) clearly readable type, color contrasts, the candidate's image, and for a duration of at least four seconds, for television advertisements; and (3) a clearly spoken message by the candidate for both television and radio advertisements. (Sec. 136) Amends Federal law to prohibit a Senator who is a candidate for election to any public office from making a mass mailing under the frank during the calendar year of any primary or general election for such office. Restricts mass mailings of a Member of the House to the Member's district. Title II: Independent Expenditures - (Sec. 201) Amends FECA to define "independent expenditure" as an expenditure for an advertisement or other communication that: (1) contains express advocacy; and (2) is made without the participation or cooperation of a candidate or a candidate's representative. Excludes from the meaning of "independent expenditure" any expenditure by: (1) a political committee of a political party; (2) persons who communicate or receive information about activities that have a purpose of influencing a candidate's election; and (3) persons with other specified relationships with a candidate or candidate's agents in the same election cycle. Defines "express advocacy" as any communication that when taken as a whole: (1) expresses support for or opposition to a specific candidate, a specific group of candidates, or candidates of a particular political party; or (2) suggests taking action with respect to an election, such as voting for or against, contributing to, or participating in campaign activity. Title III: Expenditures - Subtitle A: Personal Loans; Credit - (Sec. 301) Amends FECA to prohibit the use of contributions after the date of a general election to repay loans to a candidate (or authorized committee) by the candidate himself or herself or by members of the candidate's family. (Sec. 302) Treats as a contribution any extension of credit of more than $1,000 for more than 60 days to Senate and House candidates (or authorized committees) by vendors of advertising and mass mailing services. Subtitle B: Provisions Relating to Soft Money of Political Parties - (Sec. 311) Amends FECA to limit to an aggregate $10,000 in any calendar year: (1) an individual's contributions to political committees established by a State committee of a political party; and (2) a PAC's contributions to State party committees. Increases the $25,000 per year limit on an individual's contributions to a candidate by the amount of contributions (up to $5,000) made to State party committees. (Sec. 312) Prohibits a State party committee (including any subordinate committees) from making expenditures in connection with the general election presidential campaign of the party nominee which, in the aggregate, exceed a certain indexed amount. Subjects to certain limitations, prohibitions and reporting requirements any amount ("soft money") solicited, received, or expended directly or indirectly by a national, State, district, or local committee of a political party (including any subordinate committee) with respect to an activity (such as voter registration and get-out-the vote activities, among others) which, in whole or in part, is in connection with an election to Federal office. Prohibits a national political party committee from soliciting or accepting contributions not subject to FECA limitations, prohibitions, and reporting requirements. Cites conditions under which any amount received by the national, State, district, or local committee of a political party (including any subordinate committee) from a State or local candidate committee shall be treated as meeting the soft money requirements of this title. (Sec. 313) Places limitations on fundraising by Federal candidates and officeholders and certain political committees for State and local elections. Prohibits Federal candidates or officeholders from soliciting contributions to, or on behalf of, any tax-exempt organization if a significant portion of the organization's activities include voter registration or get-out-the-vote campaigns. (Sec. 314) Requires the national committee of a political party and any congressional campaign committee (and any subordinate committee) to report all receipts and disbursements during the reporting period, regardless of whether or not in connection with a Federal election. Title IV: Contributions - (Sec. 401) Specifies circumstances in which contributions made or arranged to be made directly or indirectly by a person to or on behalf of a particular candidate through an intermediary or conduit shall be treated as contributions from such intermediary or conduit to the candidate (thus subjecting them to the FECA limitations otherwise applicable to that intermediary or conduit). (Sec. 402) Treats contributions by a dependent not of voting age as having been made by the individual on whom that dependent is a dependent. (Sec. 403) Prohibits a candidate for Federal office from accepting, with respect to any election, any contribution from a State or local political party committee (or subordinate committee) if such contribution, when added to the total of contributions previously accepted from all such committees of that political party, exceeds the relevant contribution limitation. (Sec. 404) Excludes from the meaning of "contribution" any campaign expense voluntarily paid for by a campaign worker as an advance to the campaign, provided the amount does not exceed $500 and is reimbursed by the committee within ten days. Title V: Reporting Requirements - (Sec. 501) Requires all Federal candidates and authorized committees to aggregate information on their financial activity reports on an election cycle basis (instead of a calendar year basis, as at present). (Sec. 502) Requires candidates to report any expenditure in excess of the reporting threshold made to a person who provides services or materials for the candidate, whether the payment was made directly or indirectly under subcontract to another person providing personal or consulting services. (Sec. 503) Reduces from $200 to $50 the threshold for reporting certain information by persons other than political committees. (Sec. 504) Requires the Commission to maintain computerized indices of all contributions of at least $50 (currently $200). Title VI: Federal Election Commission - (Sec. 601) Prohibits a political committee that is not an authorized committee from using a candidate's name in a way to suggest that the candidate has authorized such committee. (Sec. 603) Provides for filling any vacancy in the office of general counsel, and revises the general counsel's rate of pay. (Sec. 604) Revises the basis for an enforcement proceeding from "reason to believe that a person has committed or is about to commit a violation of FECA" to "facts have been alleged or ascertained that, if true, give reason to believe that a person may have committed, or may be about to commit" such a violation. Authorizes the Commission to initiate a civil action for a temporary restraining order or a temporary injunction at any time during an enforcement proceeding that it believes there is substantial likelihood a FECA violation is occurring or about to occur, and the need for expeditious action meets certain criteria. (Sec. 606) Authorizes the Commission to conduct random audits of political committees. (Sec. 607) Prohibits contribution solicitation by false representation as a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 608) Directs the Commission to promulgate rules to prohibit devices or arrangements which have the purpose or effect of undermining or evading provisions of FECA restricting the use of non-Federal money to affect Federal elections. Title VII: Ballot Initiative Committees - (Sec. 701) Defines a ballot initiative political committee as any committee, club, association or other group of persons which makes ballot initiative expenditures or receives ballot initiative contributions exceeding $1,000 during a calendar year in order to influence the outcome of any ballot initiative involving specified Federal issues voted on at the State, commonwealth, territory, or District of Columbia level. (Secs. 702 and 703) Excludes ballot initiative contributions and expenditures from the usual meaning of contributions and expenditures under FECA. (Secs. 704, 705, and 706) Makes the political committee organizational and reporting requirements (and attendant civil penalties) under FECA applicable to ballot initiative committees. (Sec. 707) Applies to ballot initiative contributions the current prohibition against: (1) making a contribution in the name of another person or knowingly permitting one's name to be used to effect such a contribution; and (2) knowingly accepting a contribution made by one person in the name of another person. (Sec. 708) Limits ballot initiative contributions of currency to an aggregate of $100 per person. Title VIII: Miscellaneous - (Sec. 801) Prohibits Federal candidates and officeholders from establishing, maintaining, or controlling any political committee (such as a "leadership committee") other than a principal campaign committee of the candidate, authorized committee, party committee, or other political committee designated as an authorized committee. (Sec. 802) Requires that contributions of polling data to Federal candidates be valued at fair market value on the date of the poll's completion, depreciated at a specified rate. (Sec. 803) Denies FECA payments to any general election candidates of a political party for President or Vice President unless both candidates for such office agree in writing to at least four debates for the office of President, or at least one debate for the office of Vice President, sponsored by a nonpartisan or bipartisan organization, with all other candidates for the office eligible for FECA benefits. (Sec. 804) Prohibits foreign nationals from directly or indirectly directing, controlling, influencing or participating in any person's election-related activities, with respect to any local, State, or Federal office. (Sec. 805) Permits union and corporate expenditures for candidates appearances, debates and voter guides in Federal elections if certain conditions are met. (Sec. 806) Directs the Commission to study and report to the Congress on the feasibility of developing telephonic voting for persons with disabilities. (Sec. 807) Prohibits the use of any aircraft owned or operated by the Federal Government in connection with a Federal election, except for travel of the President or Vice President as long as the portion of the cost of any such travel allocable to election activities is paid by the President's authorized committee. (Sec. 808) Declares that it is the sense of Congress that the Congress should consider legislation providing a Constitutional amendment to set reasonable limits on campaign expenditures in Federal elections. Title IX: Effective Dates; Authorizations - Sets forth the general effective date of this Act. Provides for: (1) budget neutrality of this Act; and (2) direct, expedited appeal to the U.S. Supreme Court from any court rulings on the constitutionality of any provision of this Act or amendment made by it.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: General Provisions Title II: Manufacturing Subtitle A: Manufacturing Technology and Extension Subtitle B: National Science Foundation Manfuacturing Program Title III: Critical Technologies Subtitle A: Advanced Technology Program and Related Subtitle B: Technology Financing Pilot Programs Title IV: Additional Commerce Department Provisions Title V: Authorization of Appropriations Title VI: Information Infrastructure and Technology Title I: General Provisions - National Competitiveness Act of 1993 - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1993. Subtitle A: Manufacturing Technology and Extension - (Sec. 212) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish a Twenty-First Century Manufacturing Infrastructure Program, which shall include (as established by this Act): (1) an Advanced Manufacturing Technology Development Program; and (2) a National Manufacturing Outreach Program, which shall include outreach centers and a technology extension communications network. Establishes a Manufacturing Advisory Committee within the Office of Science and Technology Policy. (Sec. 215) Amends the National Institute of Standards and Technology Act to establish within the National Institute of Standards and Technology (Institute) a State Technology Extension Program. Directs the Program to make awards to States for planning and coordination of technology extension activities. (Sec. 216) Authorizes the Secretary of Commerce (Secretary) to make awards to establish workforce training consortia between industry and institutions of higher education. Subtitle B: National Science Foundation Manufacturing Programs - (Sec. 223) Requires the Director of the National Science Foundation to expand the number of Engineering Research Centers and strengthen the Industry/University Cooperative Research Centers Program. Authorizes the Director to establish: (1) graduate traineeships; (2) a manufacturing managers in the classroom program; and (3) a quality management program. Title III: Critical Technologies - Subtitle A: Advanced Technology Program and Related (sic) - (Sec. 311) Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology Program. Authorizes Program support of large-scale joint ventures. (Secs. 314, 315) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish: (1) within the Technology Administration an Office of Technology Monitoring and Competitive Assessment; and (2) a Commerce Technology Advisory Board. (Sec. 316) Directs the Critical Technologies Institute to study semiconductor lithography technologies. Subtitle B: Technology Financing Pilot Programs - (Secs. 322 through 324) Authorizes the Secretary to provide assistance for: (1) civilian technology loans; (2) critical technology investment companies; and (3) State technology development programs. Title IV: Additional Commerce Department Provisions - Amends the American Technology Preeminence Act of 1991 to expand the Institute's standard pilot program to permit contracts with non-Federal organizations to promote U.S. technical standards dissemination activities abroad. Requires the Secretary to report to the Congress on the appropriate Federal role in developing and promulgating domestic and global product and quality standards. (Sec. 402) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to prohibit the making of a Malcolm Baldrige National Quality Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Makes educational institutions an Award category. (Sec.405) Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. (Sec. 407) Wind Engineering Program Act of 1992 - Establishes within the National Institute of Standards and Technology a Wind Engineering Program which shall: (1) provide for wind engineering research; (2) serve as an information clearinghouse; and (3) improve interagency coordination on wind engineering research. Title V: Authorization of Appropriations - (Secs. 501 through 504) Authorizes appropriations for: (1) the Under Secretary of Commerce for Technology; (2) the Assistant Secretary of Commerce for Technology Policy; (3) Japanese Technical Literature; (4) the Office of Technology Monitoring and Competitive Assessment; (5) the Institute, including intramural scientific and technical research, facilities, and extramural industrial technology services; (6) wind engineering; (7) the Civilian Technology Loan Program; (8) the Civilian Technologies Venture Capital Program; (9) State Technology Assistance programs; (10) the American workforce quality partnership program; and (11) the National Science Foundation. Title VI: Information Infrastructure and Technology - Information Infrastructure and Technology Act of 1992 - (Secs. 603 through 608) Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to require the Director of the Office of Science and Technology Policy, through the Federal Coordinating Council for Science, Engineering, and Technology, to establish an Information Infrastructure Program and five-year implementation plan that shall provide a coordinated interagency effort to develop technologies needed to apply high-performance computing and high-speed networking in education, libraries, health care, manufacturing, and other appropriate fields. Authorizes appropriations.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Safe Streets for Women Subtitle A: Federal Penalties for Sex Crimes Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women Subtitle C: Safety for Women in Public Transit and Public Parks Subtitle D: National Commission on Violence Against Women Subtitle E: New Evidentiary Rules Subtitle F: Assistance to Victims of Sexual Assault Title II: Safe Homes for Women Subtitle A: Family Violence Prevention and Services Act Amendments Subtitle B: Interstate Enforcement Subtitle C: Arrest in Spousal Abuse Cases Subtitle D: Funding for Shelters Subtitle E: Family Violence Prevention and Services Act Amendments Subtitle F: Youth Education and Domestic Violence Subtitle G: Confidentiality for Abused Persons Subtitle H: Technical Amendments Subtitle I: Data and Research Title III: Civil Rights Title IV: Safe Campuses for Women Title V: Equal Justice for Women in the Courts Act Subtitle A: Education and Training for Judges and Court Personnel in State Courts Subtitle B: 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: Federal Penalties for Sex Crimes - Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. Sentencing Commission to amend sentencing guidelines to increase the base offense level applicable to criminal sexual abuse. (Sec. 113) Requires that a court order restitution for violations of Federal sexual abuse laws. (Sec. 114) Authorizes appropriations to U.S. Attorneys to appoint victim/witness counselors for the prosecution of sex crimes and domestic violence crimes. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crimes Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Subtitle C: Safety for Women in Public Transit and Public Parks - Amends the Urban Mass Transportation Act of 1964 to direct the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. (Sec. 132) Amends: (1) the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System; and (2) the Land and Water Conservation Fund Act of 1965 to direct such Secretary to provide grants for capital improvements and other measures to increase safety in urban parks and recreation areas. Subtitle D: National Commission on Violence Against Women - Establishes the National Commission on Violence Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, in criminal cases other than sex offense cases, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. 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. 152) Makes reputation or opinion evidence of the plaintiff's past sexual behavior inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. (Sec. 154) 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 F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. (Sec. 162) Requires grant recipients under this title to incur the full cost of forensic medical exams for victims of sexual assault. (Sec. 163) Amends the Runaway and Homeless Youth Act to direct the Secretary of Health and Human Services (HHS) to make grants to private, nonprofit agencies for street-based outreach and education for female runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse. (Sec. 164) Amends the Federal Rules of Criminal Procedure to provide for a victim's right to make a statement at the sentencing of a criminal defendant in cases involving a crime of violence or sexual abuse. Title II: Safe Homes for Women - Safe Homes for Women Act of 1993 - Subtitle A: Family Violence Prevention and Services Act Amendments - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary of HHS to award grants to one or more private, nonprofit entities to provide for the operation of a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Subtitle B: Interstate Enforcement - Amends the Federal criminal code to provide for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who: (1) in the course of or as a result of travelling across State lines injures his or her spouse or intimate partner (partner); (2) crosses State lines for the purpose of harassing, intimidating, or injuring a partner and who injures such partner; (3) causes a partner to cross State lines by force, coercion, duress, or fraud and who injures such partner; or (4) commits such acts in violation of a valid protection order issued by a State. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided 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 C: Arrest in Spousal Abuse Cases - Amends the FVPSA to authorize the Secretary of HHS to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; (3) coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts; and (4) educate judges to improve judicial handling of cases. Subtitle D: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act. Subtitle E: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require that: (1) applications for State demonstration grants include a plan to address the needs of underserved populations; and (2) upon completion of activities funded, the State grantee file a performance report explaining the activities carried out together with an assessment of the effectiveness of such activities. Subtitle F: Youth Education and Domestic Violence - Amends the FVPSA to direct the Secretary of Education to select, implement, and evaluate four model programs for education of young people about domestic violence and violence among intimate partners, with one program for each of primary, middle, and secondary schools, and institutions of higher education. Subtitle G: Confidentiality for Abused Persons - Requires the U.S. Postal Service to promulgate regulations to secure the confidentiality of abused persons' addresses. Subtitle H: Technical Amendments - Amends the FVPSA to: (1) include among the duties of State domestic violence coalitions to work with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State; and (2) make technical amendments to such Act. Subtitle I: Data and Research - Requires: (1) the Director of the National Institute of Justice (NIJ) to request the National Academy of Sciences to enter into a contract to develop a research agenda to increase the understanding and control of violence against women; (2) the NIJ to study and report to the States and the Congress on how the States may collect centralized databases on the incidence of domestic violence offenses within a State; and (3) the Secretary of HHS to conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. Title III: Civil Rights - Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by the victim's gender. Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of such right, liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, and such other relief as the court deems appropriate. (Sec. 303) Allows the awarding of attorney's fees in actions to enforce this title. (Sec. 304) Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint, and respect a rape victim's privacy, by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Title IV: Safe Campuses for Women - Amends the Higher Education Amendments of 1992 to authorize appropriations for grants for campus sexual offenses education and prevention programs. Title V: Equal Justice for Women in the Courts Act of 1993 - Equal Justice for Women in the Courts Act of 1993 - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Encourages the circuit judicial councils to conduct studies of any instances of gender bias in legal proceedings in their respective circuits. Authorizes the Federal Judicial Center to include in its educational and training programs information on issues related to gender bias in the courts. (Sec. 522) Directs the Judicial Conference to allocate funds (as specified) to Federal circuit courts that: (1) undertake studies under this subtitle in their circuits; or (2) implement reforms recommended as a result of such studies in their own or other circuits, including education and training.
United States · United States Congress · 21 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 requirements for unpaid 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) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes: (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. Provides that such unpaid leave shall not affect an employee's exempt status for purpose of certain wage and hour requirements under the Fair Standards Act of 1938. 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, injunctions, other equitable relief, and the Solicitor of Labor's role in such litigation. (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. 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. Makes the remedies and procedures under the Fair Employment Practices Resolution applicable in administering such coverage.
United States · United States Congress · 21 January 1993
Equal Remedies Act of 1993 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 8 October 1992
Small Business Technology Transfer Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require: (1) any non-Federal entity that operated a laboratory pursuant to a contract with a Federal agency to submit to the agency any cooperative research and development agreement that the entity proposes to enter into with a small business firm and the joint work statement (JWS) required with respect to that agreement; (2) a Federal agency that receives such a proposed agreement and JWS to review and approve, request specific modifications to, or disapprove the proposed agreement and JWS within 30 days after submission (and prohibits an agreement from being entered into by a Government-owned, contractor-operated laboratory before both approval of the agreement and JWS); and (3) an agency which has contracted with such an entity that disapproves or requests the modification of an agreement or JWS to transmit a written explanation of such disapproval or modification to the head of the laboratory concerned. Directs the Secretary of Energy to establish a program to facilitate and encourage the transfer of technology to small businesses and issue guidelines relating to the program by May 1, 1993. Makes funds authorized to be appropriated to the Department of Energy and made available for laboratory directed research and development available for agreements or other arrangements for technology transfer.
United States · United States Congress · 2 October 1992
Amends the Public Health Service Act to authorize grants or contracts to operate population-based, statewide cancer registries in order to collect certain data for each form of in-situ and invasive cancer except basal cell and squamous cell carcinoma of the skin. Authorizes grants for planning the registries. Authorizes the Secretary of Health and Human Services, directly or through grants and contracts, or both, to provide technical assistance to the States in the establishment and operation of statewide registries. Mandates a study on factors contributing to elevated rates of breast cancer mortality in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
United States · United States Congress · 1 October 1992
21st Century Health Care Act - Title I: Eligibility and Enrollment - Entitles every U.S. resident who is a citizen, national, or lawful resident alien to health care coverage purchased through a health insurance purchasing cooperative (HIPC) created under this Act in their State of primary residence. Authorizes the National Health Care Board created in this Act to also make eligible for health care services such nonimmigrant aliens and other individuals as the Board considers appropriate. Requires such State to provide a mechanism for the enrollment of individuals entitled to health benefits purchased through a HIPC, as well as the issuance of a State health insurance card for use in identification and claims processing. States that each State HIPC program: (1) shall not impose a minimum residency requirement for entitlement in excess of three months; (2) shall provide continuation of services for individuals moving to another State until a minimum period of residency is established in the latter State; and (3) shall provide for the payment of health care services to individuals temporarily absent from the State. Requires the Board to issue regulations to provide for the transition of the Federal Employees Health Benefits Program to the health benefits program established under this Act. Title II: Managed Competition in Health Plans - Subtitle A: National Health Care Board - Establishes a National Health Care Board to: (1) establish and oversee the various responsibilities for the Health Outcomes Management Standards Board, the Health Benefits Standards Board, the Health Insurance Standards Board, the Medicare Transition Board, and the National Health Data System (all created under this Act); (2) establish a uniform data system to designate qualified HIPCs and carriers; (3) determine and implement a system for the collection of relevant health outcomes data; (4) determine and revise minimum benefit requirements of a qualified health benefits plan; (5) establish a program for low-income assistance, including premium and cost-sharing assistance; (6) establish an assistance program for individuals employed by small businesses; and (7) make written recommendations at least annually to the Secretary of Health and Human Services and the States with respect to the planning, development, and implementation of all components of the National Health Insurance Data System established under this Act. Requires the Board to provide for the initial organization of a Health Outcomes Management Standards Board (Outcomes Board) to make recommendations to the Board concerning: (1) the establishment of a national data system for patient outcomes and other quality measures; (2) the standards for information collection and reporting from Accountable Health Plans (AHPs); and (3) oversight of data centers and data evaluation. Provides funding to the Outcomes Board through establishment of an annual registration fee for AHPs. Requires the Board to provide for the initial organization of a Health Benefits Standards Board (Benefits Board) to make recommendations to the Board concerning: (1) the uniform set of effective benefits; (2) effective services for such benefits; and (3) auditing standards to ensure the accuracy of information collected from AHPs. Provides funding to the Benefits Board through an annual AHP registration fee. Requires the Board to provide for the initial organization of a Health Insurance Standards Board (Insurance Board) to make recommendations to the Board concerning the standards for AHPs and HIPCs, and the treatment of uniform effective health benefits and expenses in excess of accountable health plan costs. Requires the Insurance Board to also ensure the financial viability of AHPs and resolve conflicts between AHPs and consumers in the delivery of the uniform set of effective benefits. Provides funding to the Insurance Board through an annual AHP registration fee. Requires the Board to provide for the initial organization of a Medicare Transition Board (Transition Board) to make recommendations to the Congress concerning the integration of the Medicare health program with the health program established under this Act. Provides funding to the Transition Board through an annual AHP registration fee. Directs the Board to: (1) register AHPs that meet standards provided under this Act; (2) establish rules for the process of risk-adjustment of premiums among AHPs by HIPCs; (3) establish standards for the periodic reporting by AHPs of information on clinical health outcomes, status, well-being, plan satisfaction of enrolled individuals, health care expenditures, and volumes and prices of procedures; (4) analyze all information so reported; (5) provide for the distribution of its analysis on individual AHPs; (6) publish annual reports on collected information; and (7) distribute related information as appropriate. Provides procedural rules governing congressional consideration of Board actions, requiring specific disapproval by joint resolution in order to overturn such actions. Subtitle B: Health Insurance Purchasing Cooperatives - Requires each State to provide for the establishment as a not-for-profit corporation of a health insurance purchasing cooperative (HIPC) to implement a State coordinated buying program under specified procedures. Outlines HIPC requirements. Requires each HIPC to be governed by a Board of Directors to oversee the functioning of all HIPCs within such State, provide expertise, coordinate HIPC activities among districts, and resolve disputes arising in the implementation of this Act. Requires each HIPC to: (1) enter into agreements with AHPs and employers; (2) enroll individuals under AHPs; (3) receive and forward adjusted premiums for plan enrollment; (4) coordinate with other HIPCs; (5) engage in education and outreach efforts to inform the public about the HIPC coordinated buying program; (6) solicit bids and negotiate with AHPs to make available health benefit plans through the coordinated buying program and one or more HIPCs; and (7) prepare and disseminate the documentation required by Federal agencies to certify participation in the coordinated program. Provides similar local district activities of HIPCs. Outlines provisions concerning the agreement entered into between each HIPC and AHP, including agreement termination, offer of enrollment to individuals at applicable premium rates, and payment and receipt of premiums. States that each AHP retains the risk of nonpayment by enrolled individuals. Requires each HIPC to offer eligible individuals the opportunity to enroll in an AHP for the HIPC area in which such individual resides. Outlines provisions concerning the enrollment process, as well as the periods of coverage for the initial, general, and special enrollment periods. Provides for the receipt of premiums by a HIPC and the forwarding of such premiums to the AHP providing the health services, after the taking by the HIPC of a specified percentage to cover overhead expenses. Requires the Board to establish rules for coordination among HIPCs in cases where under an agreement with a HIPC eligible individuals are enrolled by an employer located in one State and the employees reside in a different State. Subtitle C: Accountable Health Plans - Part 1: Requirements for Accountable Health Plans - Requires the Board to provide a process whereby a health plan may be registered with the Board by its sponsor as an accountable health plan (AHP). Requires an AHP, in order to be eligible for registering, to: (1) provide for coverage of the uniform set of effective benefits specified by the Board; (2) provide for the collection and reporting to the Board of information concerning enrollees and the provision of services; (3) not discriminate in enrollment or benefits; (4) establish standard premiums for the uniform set of effective benefits; (5) meet financial solvency requirements; and (6) provide for effective grievance procedures and restrict certain physician incentive plans. Requires each AHP to also provide for the imposition of uniform cost-sharing (deductibles and coinsurance). Requires each AHP to provide at least annually to its HIPC necessary information to evaluate AHP cost and performance in meeting the needs of its enrollees. Prohibits an AHP from denying, limiting, or conditioning the coverage under its plan based on the health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual. Allows an AHP to exclude coverage for a previous condition, but limits such exclusion to six months. Requires each AHP to establish standard premiums, for individual and family coverage, for the uniform set of effective benefits within each HIPC area in which the plan is offered. Provides with respect to each AHP: (1) financial solvency requirements; (2) grievance procedures; and (3) the acceptance of information electronically from the Board on the eligibility of individuals for low-income and small business assistance. Part 2: Preemption from State Laws for Accountable Health Plans - Preempts any State law which is different from the uniform set of effective benefits established by the Board under this Act, as well as any State law restricting network plans or utilization review programs. Subtitle D: Treatment of Areas of Ineffective Competition - Requires the Board, if it determines that there is ineffective price competition in the provision of health services within the uniform set of effective benefits in an area of a State, to authorize the State HIPC to establish reimbursement benchmarks to be used in the determination of rates to be charged by providers of services in such area until the Board finds that effective price competition exists. Subtitle E: Definitions - Provides definitions. Title III: Uniform Effective Health Benefits - Requires the Board to annually specify the uniform set of effective benefits for the next fiscal year to apply in all States. Requires such benefits to include the full range of legally authorized treatments for conditions, but allows for the exclusion of benefits for services and items that the Board determines have not been shown to reasonably improve or significantly ameliorate a health condition. Requires specific treatments, procedures, and care to be left up to the individual AHP. Provides for the inclusion and exclusion of specified services within the uniform set of effective benefits. Requires the Board to entitle every eligible individual under an AHP to payment for such covered services. Title IV: Application of Antitrust Laws - Exempts from the antitrust laws the action of two or more hospitals negotiating a proposed agreement to share expensive medical services or high technology equipment. Requires, for such exemption, such hospitals to submit an application to the Board describing the particulars of such agreement, Board approval, and Board issuance of a waiver from the antitrust laws for such agreement. Allows the revocation of such waiver in specified circumstances. Title V: Cost Control and Financing - Subtitle A: Health Budgets - Requires the Board to: (1) establish an annual fiscal year budget of expenditures; (2) compute the national average per capita cost for each of the health care services included in the expenditures; (3) designate a series of risk groups, by age, sex, and other factors, for health care services and costs; (4) develop for each State HIPC a factor to adjust the national average per capita costs for each risk group; (5) determine total projected expenditures for each State HIPC for each covered health service; (6) determine the appropriate Federal contribution for each State for total projected expenditures; and (7) make appropriate subsequent calculations to adjust the budgets, estimates, and contributions. Requires each State to raise the revenues necessary to cover its share specified in the national health budget established by the Board. Subtitle B: Funding - Directs the Board to develop a mechanism for determining and collecting revenues to fund Federal contributions, which shall be approved or disapproved under congressional joint resolution procedures. Amends the Public Health Service Act to impose on any employer a civil penalty equal to 34 percent of the excess health plan expenses of such employer. Defines the excess health plan expenses as those not covered under an AHP or paid to a HIPC for coverage under an AHP. Prohibits the amount of employer contribution from varying based on the AHP selected. Outlines employer obligations with respect to the enrollment of eligible individuals in an AHP through a State HIPC. Provides civil penalties for failing to meet such obligations. Establishes the National Health Care Trust Fund and appropriates to the Fund all of the premiums received by the Board for coverage under an AHP, along with any penalties collected. Requires each State to establish a funding program for the implementation of the State HIPC program in that State, requiring each program to include the enrollment and standard premium financing required under this Act. Entitles each State with an HIPC program approved by the Board to its appropriate per capita funding from the Board for implementation of the AHP.
United States · United States Congress · 22 September 1992
Environmental Aid and Trade Act of 1992 - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, the Foreign Assistance Act of 1961, the Export Enhancement Act of 1988, and the Export-Import Bank Act of 1945 to: (1) declare U.S. policy to foster the export of U.S. goods and services to control or reduce pollution and to clean up existing pollution problems; and (2) direct the Secretary of State, the Agency for International Development, the Overseas Private Investment Corporation, the Department of Commerce, and the Export-Import Bank of the United States to implement specified measures to foster such policies, including establishment of Environmental Business Centers and an Environmental Competitor Program Officer in U.S. embassies in countries that are important competitors for U.S. exports of environmental goods and services. Requires the President to establish the Environmental Trade Promotion Working Group as a subcommittee of the Trade Promotion Coordination Committee.
United States · United States Congress · 17 September 1992
Industry Programs for Critical Technologies Act - Authorizes the Secretary of Commerce to establish an Industry Programs for Critical Technologies Committee to evaluate proposed critical technologies agreements with qualified nonprofit U.S. entities. Sets forth approval criteria. Provides for five-year Federal program contributions of 50 percent in the first year, reduced by ten percent in each of the following four years. Authorizes appropriations.
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