United States · United States Congress · 26 January 1993
Condemns the systematic and widespread rape of women and girls in Bosnia-Herzegovina (Bosnia). Commends: (1) former Secretary of State Eagleburger for denouncing crimes against humanity in the conflict in Bosnia and for calling for an international crimes tribunal to prosecute such crimes; and (2) the adoption of United Nations (UN) Security Council Resolution 798 and the declaration of the Council of Ministers of the European Community which denounced the systematic rape of Moslem women in such conflict. Urges the President to: (1) publicly condemn systematic rape in such conflict; (2) state that rape and forced pregnancy as tactics of war are crimes against humanity and war crimes; (3) support the establishment by the UN of an international tribunal to prosecute such crimes; (4) declare that the United States will offer no safe haven to war criminals; and (5) urge the UN to provide adequate funding for the UN Commission of Experts and an international tribunal for the full investigation and prosecution of rape. Expresses the sense of the Senate that: (1) all countries and organizations participating in humanitarian relief efforts in the former Yugoslavia should allocate resources for the treatment of rape victims; and (2) all parties to the conflict should take steps to protect rights of women and girls.
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
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
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Lorraine Gillespie, in memory of her late husband John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 January 1993
Fair Treatment of Former Air Traffic Controllers Act of 1993 - Prohibits air traffic controllers who were terminated for striking on or about August 3, 1981, from being considered, as a class, unsuitable for reinstatement in the Federal Aviation Administration. Requires reinstatement on a case-by-case basis by the Office of Personnel Management. Prohibits claims against the United States or any U.S. employee based on a failure to reinstate, except claims based on racial, religious, sex, or ethnic discrimination.
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: 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 Provisions Regarding Title IV of Public Health Service Act Title II: National Institutes of Health in General Title III: General Provisions Respecting National Research Institutes Title IV: National Cancer Institute Title V: National Heart, Lung, and Blood Institute Title VI: National Institute on Diabetes and Digestive and Kidney Diseases Title VII: National Institute on Arthritis and Musculoskeletal and Skin Diseases Title VIII: National Institute of Aging Title IX: National Institute of Allergy and Infectious Diseases Title X: National Institute of Child Health and Human Development Title XI: National Eye Institute Title XII: National Institute of Neurological Disorders and Stroke Title XIII: National Institute of Environmental Health Sciences Title XIV: National Library of Medicine Title XV: Other Agencies of National Institutes of Health Title XVI: Awards and Training Title XVII: National Foundation for Biomedical Research Title XVIII: Research With Respect to Acquired Immune Deficiency Syndrome Title XIX: Studies Title XX: Miscellaneous Provisions Title XXI: Effective Dates National Institutes of Health Revitalization Amendments of 1993 - Title I: General Provisions Regarding Title IV of Public Health Service Act - (Sec. 101) Amends the Public Health Service Act to condition research funding on human subject review and scientific and technical peer review. Prohibits withholding funding on ethical grounds unless an ethics advisory board so recommends. (Sec. 111) Regulates human fetal tissue transplantation research. (Sec. 121) Removes provisions regarding: (1) biomedical ethics; (2) waiver of a risk standard; and (3) the construction of title IV (National Research Institutes). Declares ineffective a Federal regulation relating to ethical advisory boards. (Sec. 131) Requires inclusion of women and minorities as subjects in each clinical research project under such title IV. (Sec. 141) Establishes: (1) the Office of Research on Women's Health; (2) the Coordinating Committee on Research on Women's Health; and (3) the Advisory Committee on Research on Women's Health. Mandates: (1) study of the representation of women among senior physicians and scientists of the national research institutes (NRIs) and among those conducting supported research; and (2) activities to increase that representation. Establishes a data system containing information on research on women's health. (Sec. 151) Establishes the Office of Research on Minority Health. (Sec. 161) Establishes the Office of Scientific Integrity. Requires grant, contract, or cooperative agreement applicants to have a scientific misconduct report review process. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures against financial conflicts of interest. Title II: National Institutes of Health in General - (Sec. 201) Modifies the duties of the National Institute of Health's (NIH's) Associate Director for Prevention. (Sec. 202) Establishes a program to enhance competitiveness in States receiving little funding from the NRIs. (Sec. 203) Mandates activities, consistent with the global Children's Vaccine Initiative, to develop vaccines. Authorizes appropriations. (Sec. 204) Requires a plan regarding the use of animals in research. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. (Sec. 205) Authorizes activities to increase the number of women and members of underrepresented minority groups in biomedical and behavioral research. (Sec. 206) Regulates surveys of human sexual behavior conducted or supported through NIH. (Sec. 207) Establishes a fund for use by the NIH Director to carry out NIH activities. Authorizes appropriations. (Sec. 208) Modifies NRI advisory council terms of office. Requires that at least half of NIH health education materials not exceed functional literacy. Authorizes a day care service for NIH employees. Title III: General Provisions Respecting National Research Institutes - (Sec. 301) Requires that the Secretary of Health and Human services receive directly all funds appropriated for the Institute. Removes provisions authorizing the National Cancer Institute to directly receive such funds. Modifies requirements regarding the establishment of technical and scientific peer review groups. (Sec. 302) Requires expansion of research on osteoporosis, Paget's disease, and related bone disorders. Establishes a clearinghouse. Authorizes appropriations. (Sec. 303) Establishes a program of trauma research and the Trauma Research Interagency Coordinating Committee. Title IV: National Cancer Institute - (Sec. 401) Requires expanding National Cancer Institute (NCI) activities on breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Authorizes appropriations. Removes authorizations of appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title V: National Heart, Lung, and Blood Institute - (Sec. 501) Requires NHLBI to conduct intramural training and education. Authorizes centers on cardiovascular diseases in children. Establishes the National Center on Sleep Disorders. Authorizes appropriations for NHLBI. Title VI: National Institute on Diabetes and Digestive and Kidney Diseases - (Sec. 601) Establishes a program on nutritional disorders. Provides for research and training centers. Title VII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - (Sec. 701) Establishes a children's arthritis and musculoskeletal disease center. Renames the National Arthritis Advisory Board as the National Arthritis and Musculoskeletal and Skin Diseases Advisory Board and modifies its composition. Title VIII: National Institute on Aging - (Sec. 802) Mandates research into the aging processes of women. Authorizes appropriations for the National Institute on Aging. Title IX: National Institute of Allergy and Infectious Diseases - (Sec. 901) Includes tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers for research on chronic fatigue syndrome. Establishes an extramural study section. Title X: National Institute of Child Health and Human Development - (Sec. 1001) Mandates grants or contracts for centers on contraception and infertility. Authorizes appropriations. (Sec. 1002) Establishes programs of: (1) agreements with health professionals to conduct research on contraception or infertility in return for educational loan repayment; and (2) obstetrics and gynecology intramural laboratory and clinical research. (Sec. 1021) Mandates child health research center support. (Sec. 1031) Mandates a longitudinal, large-scale study on the well-being of U.S. adolescents. Allocates funding. Title XI: National Eye Institute - (Sec. 1101) Authorizes grants for diabetic eye care clinical research centers. Title XII: National Institute of Neurological Disorders and Stroke - (Sec. 1201) Mandates research on multiple sclerosis. Title XIII: National Institute of Environmental Health Sciences - (Sec. 1301) Establishes the Applied Toxicological Research and Testing Program. Title XIV: National Library of Medicine - (Sec. 1401) Increases the limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine. Mandates grants for new educational technologies research. Establishes the National Information Center on Health Services Research and Health Care Technology. Title XV: Other Agencies of National Institutes of Health - (Sec. 1502) Authorizes grants to alter or construct research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities. Authorizes appropriations. Reserves funds to construct or improve regional primate research centers. (Sec.1511) Redesignates the National Center for Nursing Research as the National Institute for Nursing Research. (Sec. 1521) Makes the National Center for Human Genome Research an NIH agency. Includes the mapping and sequencing of individual genes in the purposes of the Center. Title XVI: Awards and Training - (Sec.1601) Provides for research recruitment and training for women and members from underrepresented minority groups. (Sec. 1602) Changes service requirements imposed on individuals receiving National Research Service Awards. (Sec. 1611) Modifies existing and authorizes or mandates various new programs of scholarships and loan repayments for health professionals' education in exchange for specified service. (Sec. 1641) Authorizes appropriations related to National Research Service Awards, modifying set-aside requirements. Title XVII: National Foundation for Biomedical Research - (Sec. 1701) Establishes the National Foundation for Biomedical Research. Requires the Foundation to establish a fund: (1) to provide endowments for NIH positions; and (2) consisting of non-Federal donations. Mandates grants to the Foundation for administrative expenses. Authorizes appropriations and other NIH funds for the grants. Title XVIII: Research with Respect to Acquired Immune Deficiency Syndrome - (Sec. 1801) Modifies the duties of: (1) the AIDS Clinical Research Review Committee; and (2) the acquired immune deficiency syndrome (AIDS) clinical evaluation units at the National Cancer Institute and National Institute of Allergy and Infectious Diseases. Modifies international AIDS efforts support requirements. Authorizes appropriations. Requires that model protocols for clinical AIDS care include treatment and prevention for women. Authorizes appropriations. Requires the AIDS epidemiological data base to include information on the natural history of AIDS infection. Authorizes appropriations. Revises provisions establishing the Office of AIDS Research and setting forth its special authorities (currently, provisions establishing such Office and setting forth special authorities of the NIH Director), including: (1) developing an NIH AIDS budget; (2) developing a comprehensive, long-range NIH AIDS research plan; and (3) establishing AIDS coordinating groups for each research discipline. Establishes the Office of AIDS Research Advisory Council. Mandates availability of a certain amount for an AIDS research discretionary fund. Authorizes appropriations for fellowship and training programs relating to AIDS. Title XIX: Studies - (Sec. 1901) Mandates studies regarding AIDS on: (1) parallel-track drug-release mechanisms; (2) third-party payment incident to participation as subjects in clinical trials; and (3) coordination of AIDS advisory committees. Requires a plan for the inclusion in NIH human immunodeficiency virus (HIV) vaccine studies of women, infants, and children infected with the HIV. Authorizes appropriations. (Sec. 1902) Requires studies on malnutrition and the elderly. Establishes an advisory panel. (Sec. 1903) Mandates reports or studies on NIH: (1) research on chronic fatigue syndrome; (2) assuming responsibility for all Federal research relating to medical countermeasures against biowarfare; (3) support staff retention, recruitment, vacancy, and turnover rates; and (4) procurement. (Sec. 1907) mandates reports on: (1) the leading causes of death in the United States; and (2) whether there is a relationship between legal drug use and the use or abuse of illegal drugs. Title XX: Miscellaneous Provisions - (Sec. 2001) Redesignates the Senior Biomedical Research Service as the Silvio O. Conte Senior Biomedical Research Service and increases the limit on the number of its members. (Sec. 2002) Requires that the Public Health Service (PHS) be administered by the Assistant Secretary of Health (currently, by the Surgeon General). Adds the Agency for Health Care Policy and Research to the list of PHS agencies. (Sec. 2004) Mandates a master plan to replace or refurbish NIH infrastructure. (Sec. 2006) Authorizes appropriations (currently, authorizes the use of funds) to carry out cancer registries provisions. (Sec. 2007) Prohibits conducting or supporting the SHARP survey of adult sexual behavior or the American Teenage Study of Adolescent sexual behavior. (Sec. 2008) Mandates a report on bioengineering and biomaterials sciences. Title XXI: Effective Date - (Sec. 2101) Sets forth the effective date of this Act and its amendments.
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 · 2 October 1992
Amends the Wild and Scenic Rivers Act to designate specified segments of the Manumuskin River and the Muskee Creek in New Jersey as components of the National Wild and Scenic Rivers System (System). Requires the Secretary of the Interior to administer such segments: (1) in association with the political jurisdictions through which the Maurice River and its tributaries pass; and (2) in accordance with the local river management plan prepared by the Cumberland County Department of Planning and Development and the plans and ordinances prepared and adopted by the municipal governments of such political jurisdictions. Requires the Secretary to review such plan to ensure that proper implementation of it will protect the values for which the segments were designated. Authorizes the Secretary, on request, to: (1) provide planning assistance to the State of New Jersey and its political subdivisions; and (2) enter into a memorandum of understanding or a cooperative agreement with another Federal agency or with the State of New Jersey to ensure that Federal and State programs are carried out in a manner that is consistent with the river management plans. Directs the Secretary to review compliance with the locally adopted river management plans biennially and to report to specified congressional committees on any deviation from the plans that causes or may result in any diminution of the values for which the segments were designated. Excludes such designated segments from provisions under the Act that authorize Federal acquisitions of lands within the segments' boundaries. Authorizes appropriations. Encourages the Secretary to: (1) continue to work with local municipalities to negotiate agreement and support for designating additional eligible segments of the Maurice River and its tributaries as components of the System; and (2) report to the Congress on the status of such discussions, negotiations, and recommendations concerning the designation of additional river segments in New Jersey as components of the System.
United States · United States Congress · 25 September 1992
Anti-Auto Theft Act - Title I: Motor Vehicle Theft Resistance - Motor Vehicle Theft Resistance Act - Prohibits any person from knowingly manufacturing for sale, selling, leasing, offering for sale or lease, delivering for introduction in interstate commerce, or importing into the United States for sale any new motor vehicle which incorporates: (1) any steering column that is not shielded in a manner that adequately prevents theft, in accordance with regulations promulgated under this title; or (2) any other component or design feature specifically identified in such regulations that, if included as a part of a motor vehicle, would physically facilitate the vehicle's theft and create an unreasonable risk of such theft. Authorizes the Secretary of Transportation to waive such requirements for any lines of motor vehicles which are equipped as standard equipment with an antitheft device which the Secretary determines is likely to be equally effective in reducing and deterring motor vehicle theft, subject to specified limitations. Prohibits the import of any motor vehicle not in compliance with such provisions, with exceptions. Establishes civil penalties for violations. Sets forth provisions regarding the assessment, collection, and compromise of penalties, deductions from sums owed by the United States to the person charged, and separate violations for each vehicle unlawfully sold, leased, offered for sale or lease, delivered, or imported. Directs the National Highway Traffic Safety Administration to promulgate regulations to implement this title, including the establishment of effective dates that provide affected persons with sufficient time to comply. Makes such regulations inapplicable to any vehicle which is intended solely for export and which is exported. Title II: Tougher Law Enforcement Against Automobile Theft - Amends the Federal criminal code to impose (carjacking) penalties upon whoever: (1) by force and violence, or by intimidation, takes or attempts to take from the person or presence of another a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce; and (2) in committing such an offense, assaults or jeopardizes the life of any person by the use of a dangerous weapon or device. Increases penalties for: (1) the importation or exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft; and (2) trafficking in stolen vehicles. Title III: Export of Stolen Motor Vehicles - Amends the Tariff Act of 1930 to require the Commissioner of Customs to direct customs officers to conduct random inspections of motor vehicles and shipping containers that may contain motor vehicles that are being exported, to determine whether such vehicles were stolen. Directs the Commissioner to: (1) require all persons or entities exporting used motor vehicles by air or ship, including motor vehicles exported for personal use, to provide to the Customs Service, at least 72 hours before the export, the vehicle identification number (VIN) of each such motor vehicle and proof of ownership; (2) check all such VINs against the information in the National Crime Information Center to determine whether any motor vehicle intended for export has been reported stolen; and (3) make available to the Director of the Federal Bureau of Investigation, at the Director's request, all such VINs. Title IV: Auto Theft Task Force Grants - Requires the Director of the Bureau of Justice Assistance to make grants to Auto Theft Task Forces submitting applications in compliance with this title. Sets forth application requirements. Requires the Director to select grantees on a competitive basis, based on the quality of the applicant's plan for addressing motor vehicle theft and the severity of the problem in the geographical areas to be covered in the plan. Provides for grant renewal. Authorizes appropriations. Title V: Reducing Juvenile Auto Theft Through Mentoring Programs - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to add a new title, the Juvenile Mentoring Program (JUMP) Act of 1992, to require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to local educational agencies and nonprofit organizations to implement mentoring programs. Specifies that a mentoring program funded under such title shall be a program providing to eligible children assistance: (1) designed to link children in high crime areas with adult law enforcement officers and other responsible adults; and (2) intended to achieve specified goals, such as to provide general guidance to eligible children, promote personal and social responsibility among such children, discourage criminal activity, and encourage eligible children's participation in community service. Directs the Administrator to develop and distribute to program participants specific model guidelines for the screening of prospective program mentors. Sets forth: (1) application requirements and selection criteria; (2) eligible and prohibited uses of grant funds; and (3) reporting, auditing, and monitoring requirements. Authorizes appropriations. Title VI: Motor Vehicle Theft Prevention - Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is not normally operated under specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; and (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner. Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully. Sets forth requirements with respect to the voluntary consent form. Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner. Prohibits such conditions from being based on race, creed, color, national origin, gender, or age. Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped. Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets penalties for failure to comply with such notice provisions. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program. Authorizes appropriations. Includes within the scope of a provision setting penalties for removing or tampering with an identification number for a motor vehicle, a motor vehicle part, or a decal or device affixed pursuant to this Act, with exceptions. Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof.
United States · United States Congress · 17 September 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 9 September 1992
Denies nondiscriminatory treatment (most-favored-nation treatment) of the products of Serbia or Montenegro unless the President certifies to the Congress that such nation: (1) has made significant progress toward complying with the Final Act of the Conference on Security and Cooperation in Europe (also known as the "Helsinki Final Act"), particularly with regard to human rights and humanitarian affairs as well as respect for minority rights in Kosovo and Vojvodina; (2) has ceased its armed conflict with other ethnic peoples of the region formerly comprising the Socialist Federal Republic of Yugoslavia; (3) has ceased support of Serbian forces inside Bosnia-Hercegovina; and (4) has agreed to respect the borders of the six former Yugoslavian republics.
United States · United States Congress · 8 September 1992
Amends the Wild and Scenic Rivers Act to designate certain segments of the Great Egg Harbor River and its tributaries in New Jersey as components of the National Wild and Scenic Rivers System. Requires the Secretary of the Interior to administer the designated segments in association with the political jurisdiction through which the river and its tributaries pass and in accordance with local river management plans, except that publicly-owned lands shall continue to be managed by the agency charged with the management of the lands. Provides for the preparation and adoption of the local river management plans by the political subdivisions of the State through which the river and its tributaries pass. Requires: (1) the Secretary to review the local river management plans; and (2) an informal advisory group, comprised of representatives of political subdivisions of the State in the area of the Great Egg Harbor River and its tributaries and representatives of the State, to ensure that the proper implementation of the local river management plans will protect the values for which the river and its tributaries were designated. Authorizes the Secretary to provide, on request, planning assistance to political subdivisions of the State and to enter into a memorandum of understanding or a cooperative agreement with another Federal agency or with the State to ensure that Federal and State programs are carried out in a manner that is consistent with the local river management plans. Directs the Secretary to biennially review compliance with the local river management plans and to report to specified congressional committees on any deviation from those plans which causes or may result in any diminution of the values for which the segment concerned was designated. Requires the Secretary to report to such committees on alternatives to address issues to ensure protection of the segment concerned if issues related to river protection are not resolved by existing State and local or other Federal mechanisms. Excludes such designated segments from provisions of the Act that: (1) require Federal establishment of boundaries and classification for such segments (including maps made available for public inspection of such boundaries); and (2) authorize Federal acquisition of lands within the boundaries of the designated segments. Authorizes appropriations.
United States · United States Congress · 12 August 1992
World War II 50th Anniversary Commemorative Coins Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins for the anniversaries of: (1) World War II; (2) the Battle of Normandy; and (3) "D-Day." Directs the Secretary of the Treasury to: (1) issue and mint such coins in five-dollar gold, one-dollar silver, and half-dollar clad denominations; and (2) determine the role that the American Battle Monuments Commission and the Battle of Normandy Foundation shall have in coin promotion and marketing. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial and to the Battle of Normandy Foundation to dedicate, on the 50th anniversary of D-Day and Battle of Normandy Memorial in Normandy, France. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 11 August 1992
Preventing Our Kids From Inhaling Deadly Smoke (PRO-KIDS) Act of 1992 - Prohibits, notwithstanding any other provision of law, any Federal funds or financial assistance from being provided to or used by any person for services for children under five without an enforced policy prohibiting smoking in each portion of an indoor facility used for the services, with exceptions only for portions in which the services are not normally provided to children and that are ventilated separately. Allows waivers in certain circumstances.
United States · United States Congress · 5 August 1992
Congratulates the citizens of Israel on concluding fair and open democratic elections. Welcomes Prime Minister Rabin to the United States. Applauds his statements and actions encouraging active participation in the search for peace. Calls upon all parties in the region to actively and seriously engage in the peace process.
United States · United States Congress · 30 July 1992
Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export; limiting the use; and terminating the production, possession, or deployment of antipersonnel landmines. Expresses the sense of the Congress that the President should seek to negotiate an international agreement or a modification of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or To Have Indiscriminate Effects to prohibit the sale, transfer, or export of antipersonnel landmines. Prohibits for a period of one year from this Act's enactment date: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines.
United States · United States Congress · 28 July 1992
Juvenile Mentoring Program (JUMP) Act of 1992 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to local educational agencies and nonprofit organizations to implement mentoring programs. Specifies that a mentoring program funded under such title shall be a program providing to eligible children assistance: (1) designed to link children in high crime areas with adult law enforcement officers and other responsible adults; and (2) intended to achieve specified goals, such as to provide general guidance to eligible children, promote personal and social responsibility among such children, discourage criminal activity, and encourage eligible children's participation in community service. Directs the Administrator to develop and distribute to program participants specific model guidelines for the screening of prospective program mentors. Sets forth: (1) application requirements and selection criteria; (2) eligible and prohibited uses of grant funds; and (3) reporting, auditing, and monitoring requirements. Authorizes appropriations.
United States · United States Congress · 23 July 1992
Amends the Harmonized Tariff Schedule of the United States to suspend the duty on 1H-pyrrole-2,5-dione,1,1 (methylenedi-4,1-phenylene) bis-polymer with 4,4-methylenebis (benzenamine) (thermosetting polyimide resins) through December 31, 1994.
United States · United States Congress · 23 July 1992
Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1994, the suspension of duty on corned beef in airtight containers.
United States · United States Congress · 23 July 1992
Amends the Harmonized Tariff Schedule of the United States to authorize the extension of time (not to exceed five years) for the exportation of articles to be repaired, altered, or processed, including processes which result in articles manufactured or produced in the United States, that are imported duty-free under bond, provided that any extension beyond the third year must be accompanied by the importer's certification that such articles are to be incorporated into a communications satellite. Subjects to liquidated damages any such articles imported after January 1, 1983, and before the effective date of this Act, that are certified by the importer as having been dedicated for incorporation into a communications satellite, and as not having been exported within the time required because of launch schedule delays. Limits such liquidated damages to a maximum one percent of the liquidated damages established under the bond.
United States · United States Congress · 23 July 1992
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on: (1) 5 -(N,N-dibenzylglycyl)-salicylamide (LBH-B/C); (2) 2-(N-benzyl-N-tert-butylamino)-4-hydroxy-3- hydromethylacetophenone hydrochloride (Glycyl hydrochloride); (3) flutamide; and (4) loratadine.
United States · United States Congress · 2 July 1992
Small Business Innovation Development Amendment Act of 1992 - Amends the Small Business Innovation Development Act of 1982 to extend the Small Business Innovation Research (SBIR) Program from October 1, 1993, to October 1, 2000. Amends the Small Business Act regarding small business eligibility for Federal agency research and development awards to include in the three-phase evaluation process determining the technological feasibility of ideas those ideas which appear to have commercial potential. Prescribes minimum SBIR expenditure amounts for FY 1992 through 1997 and after. Requires each Federal agency that is required to establish an SBIR program to: (1) determine unilaterally research topics within its SBIR solicitations, giving special consideration to topics which permit substantial applicant participation in research project formulation; and (2) make payments in full to SBIR funding agreement recipients, subject to specified audit deadlines. Directs the Administrator of the Small Business Administration (the Administrator) to modify directives for the conduct of general SBIR policy to provide for: (1) rights to data; (2) continued use of agency property; (3) follow-on contracts; and (4) increased amounts of Phase 1 awards. Repeals the requirement for an annual report by the Office of Science and Technology Policy. Provides that if a Federal agency required to establish an SBIR program makes an SBIR solicitation award for which it shall provide written justification of such award in its next annual report. Requires the Comptroller General to report to the Congress on specified aspects of SBIR program implementation. Includes Department of Defense (DOD) activities in the extension of programs under this Act and requires the evaluation process for research and development awards to consider the commercial potential of ideas. Revises the definition of "extramural budget" to remove an exclusion that provides that such definition shall not include amounts of DOD obligated solely for operational systems development. Increases the amount required to be expended by DOD for SBIR. Establishes a maximum amount for SBIR contracts awarded by DOD in the first phase.
United States · United States Congress · 2 July 1992
Grants the consent of the Congress to an amendment to the Delaware River Joint Commission compact between the Commonwealth of Pennsylvania and the State of New Jersey continuing such commission under the name of the Delaware River Port Authority.
United States · United States Congress · 2 July 1992
Religious Freedom Restoration Act of 1992 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 2 July 1992
Aircraft Noise Reduction Research Act of 1992 - Directs the Administrators of the Federal Aviation Administration and of the National Aeronautics and Space Administration to establish and jointly conduct a research program to develop by the year 2000 new technologies, operational procedures, or other means for quieter subsonic jet aircraft engines and airframes. Authorizes appropriations. Requires an annual progress report to the Congress.
United States · United States Congress · 2 July 1992
Amends the National Defense Authorization Act, 1985 to reduce to 100,000 by the end of FY 1995 the number of U.S. military personnel assigned to permanent duty ashore in North Atlantic Treaty Organization countries of Europe.
United States · United States Congress · 2 July 1992
Expresses the sense of the Senate that the President should expeditiously issue an executive order requiring all executive departments and agencies to declassify and release to the public (without compromising U.S. national security) all documents, files, and other materials pertaining to prisoners of war and missing in action.
United States · United States Congress · 1 July 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
United States · United States Congress · 18 June 1992
Legal Services Reauthorization Act of 1992 - Amends the Legal Services Corporation Act to authorize appropriations for the Legal Services Corporation for FY 1993 through 1997. Amends the Federal criminal code to: (1) apply Federal criminal laws against theft, fraud, and embezzlement to Corporation funds; and (2) make the Federal criminal statute against obstructing a Federal audit applicable with regard to auditors employed or retained by the Corporation. Specifies that certain provisions of the False Claims Act apply to the Corporation, any financial assistance recipient and other grantee or contractor of the Corporation (awardee), subgrantee or subcontractor of any such entity, or employee thereof (thus, giving the Attorney General the authority to bring a civil action against any person employed by or contracting with a recipient, subrecipient, grantee, or contractor who perpetuates a fraud with Corporation funds, but excluding from application to the Corporation and its recipients provisions which permit a private person to initiate a false claims action). Revises prohibitions on the use of Corporation funds for lobbying purposes to prohibit such use by an awardee: (1) to pay for publicity or propaganda intended or designed to support or defeat legislation pending before the Congress or State or local legislative bodies, or to influence any decision by a Federal, State, or local agency; (2) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed matter, or other device intended or designed to influence: any decision by a Federal, State, or local agency, except when legal assistance is provided by an employee of an awardee of the Corporation to an eligible client on a particular matter which directly involves the client's legal rights or responsibilities; any Member of Congress or other Federal, State, or local elected official to favor or oppose any referendum, initiative, constitutional amendment, or similar procedure of the Congress, State legislature, local council, or similar governing body; or any such Member or official to favor or oppose legislation (with exceptions); or (3) for adminstrative or related costs associated with such prohibited activities. Permits the use of such funds in connection with any communication: (1) made in response to a Federal, State, or local agency or elected official; or (2) to a Federal, State, or local elected official pertaining to the authorization or appropriation of funds or any other measure affecting the authority, functions, or funding of, or pertaining to oversight measures directly affecting, the awardee or the Corporation, if the project director or designee of the awardee has expressly determined that the legislative body involved is considering such authorization, appropriation, or other measure, or is conducting oversight of the awardee or the Corporation. Requires the Corporation to: (1) arrange for evaluations to determine whether awardees are providing comprehensive, economical, and effective legal assistance to eligible clients; and (2) conduct monitoring and investigations into allegations that an awardee has violated applicable requirements. Sets forth provisions concerning investigation procedures. Directs the Board of Directors of the Corporation to provide for the enforcement of requirements with respect to such awardees. Permits the Corporation to suspend, reduce, or terminate financial assistance (with such termination only after consideration of other remedial measures and only after the employee has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, to be conducted by an independent hearing examiner when requested), or deny an application for refunding (after affording the awardee an opportunity to correct the failure) when: (1) there has been a substantial failure to comply with applicable requirements; or (2) evaluations demonstrate that an awardee has consistently failed to provide economical and effective legal assistance. Authorizes the Corporation to deny an application for refunding when the Corporation has identified an applicant for financial assistance that is better able to provide comprehensive, economical, and effective legal assistance for the geographic area served by such awardee. Revises provisions concerning notice to awardees prior to the suspension or termination of assistance or the denial of a refunding application. Prohibits the annual level of assistance from being reduced by more than five percent or $20,000, whichever is less, unless the awardee has been afforded notice and, at the awardee's request, a timely and fair hearing. Sets forth Corporation monitoring requirements. Directs that standards and procedures adopted pursuant to such provision take into account: (1) the responsibility of the Corporation to provide for independent evaluations; (2) that each awardee has the responsibility to manage its day-to-day operations and to assure that its employees comply with all applicable law and deliver high quality legal assistance in an effective and economical manner; (3) that the personal privacy of eligible clients could be adversely affected by the public disclosure of records or documents obtained in connection with monitoring or investigation (and bars the Corporation from requiring disclosure of such records to the extent that they can be expected to contain information directly pertinent and necessary to an audit, or to an investigation of a likely pattern of discrimination, lack of compliance with the law, or poor performance by an awardee which is indicated by other external evidence); (4) the requirements of the Privacy Act of 1974, the privacy protections of State law, and the principle that matters and records that are personal or private and that relate to an individual employee should be protected from examination by the Corporation; and (5) the rules of ethics and professional responsibility that are applicable in the jurisdiction where an awardee delivers legal assistance. Requires the Corporation to develop criteria for evaluating the capability and performance of awardees. Specifies that the Inspector General of the Corporation shall not, in carrying out his or her functions, be subject to any restriction that: (1) is contained in the standards and procedures adopted by the Corporation under this provision; and (2) limits access by the Corporation to documents or other information. Directs the Corporation to require each grantee, contractor, or person or entity receiving financial assistance to provide for an independent annual financial audit and to submit the report of the audit to the Corporation. Bars the Corporation from selecting the auditor employed by such entity. Permits the Corporation to conduct its own audit or hire an independent auditor when necessary, with the costs to be borne by the Corporation. (Current law directs the Corporation to conduct, or require each such grantee, contractor, or person or entity to provide for, an annual financial audit.) Places restrictions on the bringing of a class action suit by an awardee with funds provided by the Corporation against the Federal Government or any State or local government. Requires awardees to adopt policies to attempt to negotiate settlements and to use alternative dispute resolution mechanisms, where appropriate, before filing suit. Prohibits the use of Corporation funds to alter, revise, or reapportion a legislative, judicial, or elective district at any level of government. Places restrictions on the use of Corporation funds for legal assistance for aliens. Revises requirements for governing bodies of grant or contract recipients to require a recipient's governing body to be comprised of (in the majority) attorneys who are appointed by State, county, or local bar associations the memberships of which represent a majority of the attorneys practicing law in the locality in which the recipient is to provide legal assistance. Sets forth requirements for governing or policy bodies of recipients and other awardees. Allows the governing body of a bar association to appoint members of the governing or policy bodies of more than one awardee of the Corporation. Makes technical and conforming changes with respect to the professional responsibilities of the Corporation and attorney employees of the Corporation. Specifies that neither the Corporation nor the Comptroller General shall have access to any reports or records protected from disclosure by the laws or rules of ethics or professional responsibility that apply in the jurisdiction where such reports or records are maintained. Requires the Corporation (with specified exceptions) to ensure that attorneys employed full-time in providing legal assistance supported in major part by the Corporation refrain from any: (1) outside practice of law in which the attorneys seek or receive compensation; and (2) uncompensated outside practice of law. (Current law bars attorneys employed full-time in legal assistance activities supported in major part by the Corporation from any compensated outside practice, and any uncompensated outside practice except as authorized in guidelines promulgated by the Corporation.) Prohibits the use of Corporation funds for initiating the defense of a person in a proceeding to evict such person from a public housing project if the person has been convicted of the illegal sale or distribution of a controlled substance and the proceeding has been brought by a public housing project agency because such person threatens the health or safety of other tenants or employees of such agency. Prohibits awardees (or employees) from engaging in precomplaint settlement negotiations, filing a complaint, or pursuing litigation against a defendant unless a written retainer agreement which enumerates the facts on which the claim is based has been signed by the plaintiffs. Specifies that, unless authorized by a court of competent jurisdiction, no awardee (or employee) may file a complaint or petition in a court until all plaintiffs known to plaintiff's counsel at the time have been specifically identified in the complaint or petition. Requires the Corporation to study, through the use of demonstration projects and other appropriate methods, the feasibility of utilizing a system of competition to improve the delivery of legal assistance and related activities. Sets forth reporting requirements. Specifies that a general restriction on training activities of the Corporation should not be construed to prohibit training of attorneys or paralegals as necessary to prepare them to advise any eligible client as to the nature of the legislative process, or to inform any such client of his or her rights under any statute, order, or regulation. Repeals a limitation on the use of non-Federal funds received by the Corporation. Directs the Corporation to require each awardee to maintain a system of time and recordkeeping that discloses the types of activities supported by Corporation and non-Corporation funds and allocates appropriate costs, including overhead, to activities funded by non-Corporation funds. Sets forth additional requirements regarding the specific type of system to be employed. Prohibits the use of alternative corporations to evade the provisions of this Act. Defines an "alternative corporation" as a group which has a single identity of interest with an awardee. Requires any awardee which shares employees with any other entity to specify with particularity the use of any funds by such employees. Directs the Corporation to ensure that all attorneys engaged in legal assistance activities supported by the Corporation refrain, while so engaged, from any political activity (current law) associated with a political party or the campaign of any candidate for public or party office. Requires grants and contracts made for calendar years 1993 through 1997 to be made for at least 12 months, except for any grant to a new program commencing operations after the beginning of the applicable calendar year. Sets forth provisions with respect to the establishment of local priorities and periodic analysis of the legal needs of clients in the area served by each such awardee. Revises the defintion of "staff attorney" to mean an attorney who: (1) is employed by a recipient organized in whole or in part for the provision of legal assistance to eligible clients under the Act; and (2) receives more than half of his or her annual professional salary from the proceeds of a grant or contract from the Corporation to such recipient. (Current law specifies an attorney who receives more than half of his annual professional income from a recipient organized solely for the provisions of legal assistance to eligible clients.) Directs the Corporation to conduct a study on legal assistance to older Americans.
![Official portrait of Sen. Lautenberg, Frank R. [D-NJ]](https://www.congress.gov/img/member/l000123_200.jpg)