United States · United States Congress · 24 September 1996
Boat Protection Act of 1996 - Sets forth copyright provisions regarding the protection of vessel hull designs. Defines: (1) "plug" as a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; (2) "mold" as a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; and (3) "commercially exploit" for purposes of this Act as the sale or offer for sale of a plug or mold after it is fixed in a vessel hull or otherwise distributed to the public for profit vessel hulls. Extends protection to an original plug or mold fixed in a vessel hull, if: (1) the owner of the plug or mold is a national or domiciliary of the United States or of a foreign nation which is party to a protection treaty to which the United States is also a party on the date on which the plug or mold is first commercially exploited; (2) the plug or mold is first commercially exploited in the United States; or (3) the plug or mold comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign nationals, domiciliaries, or sovereign authorities. Vests exclusive rights in such plugs or molds in the owner who may transfer (in whole or in part) or bequeath such interest. Recognizes the first registered transfer in case of a conflict. Sets the protection term for plugs or molds at ten years from the date of first commercial exploitation. Grants the owner of a plug or mold the exclusive rights to: (1) reproduce the plug or mold; (2) import or distribute a vessel hull in which it is embodied; and (3) cause another to perform such acts. Provides that it is not an infringement of the owner's exclusive rights: (1) to reproduce a plug or mold for purposes of teaching, analyzing, or evaluating concepts, techniques, design, or organization of components in it; or (2) to sell or otherwise dispose of a vessel hull lawfully made under this Act (without the authority of the owner of the plug or mold). Limits the liability of an innocent purchaser of an infringing vessel hull. Permits the owner of a plug or mold to place on it a specified notice of protection, which is not a condition of protection but shall constitute prima facie evidence of notice of protection. Entitles the owner of a plug or mold whose protection has been infringed to institute a civil action. Authorizes the award of attorney's fees to a prevailing party. Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import a vessel hull in which the plug or mold is embodied. Permits the impoundment and seizure of vessel hulls imported in violation of the owner's exclusive rights. Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, the award of an infringer's profits to the owner, impoundment orders, and the award of statutory damages instead of actual damages or profits in an amount not to exceed $250,000, under specified conditions. Authorizes appropriations.
United States · United States Congress · 17 September 1996
Amends the Internal Revenue Code with respect to the retail tax on heavy (in excess of 33,000 pounds) trucks and trailers to: (1) exempt tractors not suitable for such vehicles: (2) treat certain repairs or modifications as non-manufacture; and (3) provide for a specified tire tax credit.
United States · United States Congress · 17 September 1996
Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (most-favored-nation treatment) to Mongolian products.
United States · United States Congress · 4 September 1996
Fair Housing Reform and Freedom of Speech Act of 1996 - Amends the Fair Housing Act to permit a dwelling restriction relating to number of unrelated inhabitants, building proximity, or inhabitant's criminal record if such restriction's purpose is to limit land use to single family dwellings. States that such Act shall not be construed to apply to lawful activity, including a legal action, engaged in solely to: (1) achieve or prevent governmental action; or (2) receive a judicial interpretation of any provision of such Act.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 1 August 1996
HIV Prevention Act of 1996 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State; (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results; (4) subjection to mandatory HIV testing of prospective patients who are to undergo an invasive medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; and (5) notification of individuals who are to undergo an invasive medical procedure by any health professional who is to perform such procedure and knows that he or she has HIV disease. Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease who perform invasive medical procedures on patients, the medical profession should develop guidelines to assist them in complying with the requirements of this Act; (2) the States should have in effect laws providing that, in the case of individuals who know they have HIV disease, it is a felony to engage in any behaviors that the individual knows will place others at risk of infection with the disease, regardless of whether the behaviors actually transmit such infection; and (3) strict confidentiality should be maintained in carrying out the requirements added by this Act.
United States · United States Congress · 31 July 1996
Rescinds specified executive branch memorandums, documents, and directive revisions relating to administrative policy and guidelines concerning homosexual conduct in the armed forces. Directs the Secretaries of Defense and the military departments to reinstate regulations regarding service of homosexuals in the armed forces that were in effect on January 19, 1993. Prohibits the revision of such reinstated regulations except as specifically provided by law enacted after the date of enactment of this Act. Directs the Secretary of Defense to issue instructions for the resumption of questioning of potential new entrants into the armed forces as to homosexuality. Repeals an inconsistent provision of the National Defense Authorization Act for Fiscal Year 1994.
United States · United States Congress · 31 July 1996
Requires a member of the armed forces who is HIV-positive to be separated under specified separation requirements. Defers such separation for members within five years of military retirement eligibility. Considers all such separations involuntary. Requires such separated members to be provided information concerning available medical care to treat such member's condition.
United States · United States Congress · 25 July 1996
Expresses the sense of the Congress that the Secretary of Transportation should: (1) take into account the interests of affected communities and the past safety record at grade crossings (among other criteria) when providing exceptions to certain train whistle requirements; and (2) take specified action whenever he or she determines that supplementary safety measures are necessary to provide an exception to such requirements.
United States · United States Congress · 16 July 1996
Amends the Tariff Act of 1930 to require that interest on claims be accrued from the date of the claim for the reliquidation (refund) of excess duties paid on certain entries of North American Free Trade Agreement (NAFTA) products. (Sec. 2) Amends Federal customs law to repeal the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits. Includes all expenses associated with recovering indebtedness owed to the Government under the customs laws among the amounts the Secretary shall contract with private collection agencies to recover. (Sec. 3) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to require certain customs fees charged against merchandise imported from a foreign trade zone to be applied only to the value of the privileged or nonprivileged part of such merchandise. Declares that the similar application of such customs fees to imported U.S. agricultural products processed and packed in a foreign trade zone shall be effective to entries made on or after certain dates. (Sec. 6) Amends the Tariff Act of 1930 to authorize the United States Customs Service to extend the time for filing a drawback (refund) claim for duties for up to 18 months if a major disaster on or after January 1, 1994, prevented timely filing of such claim. (Sec. 7) Directs the Customs Service to provide for the liquidation or reliquidation (refund) of certain entries made at New York, New York, in accordance with the results of an administrative review, during the period from May 1, 1984, through March 31, 1985, by the International Trade Administration of the Department of Commerce (case number A-580-008). (Sec. 8) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through February 1, 1999, of the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1998 Goodwill Games. (Sec. 11) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to proscribe any fee assessment for certain customs services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports within the customs territory of the United States. Provides that specified fee exemptions do not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the U.S. if there are no intervening stops. Mandates a one-time only assessment of certain customs fees for each passenger in the case of a commercial vessel making a single voyage involving two or more United States ports with respect to which the passengers would otherwise be charged a fee. (Sec. 13) Amends the Tariff Act of 1930 to provide that certain marking requirements with respect to imported articles and containers shall not apply to: (1) certain metal forgings and hand tools made from such forgings; (2) certain coffee and tea products; and (3) spice products. (Sec. 14) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free a certain entry of warp knitting machines. Requires a refund of duties and interest paid with respect to such entry. (Sec. 17) Amends the Tariff Act of 1930 to provide for a personal allowance exemption from duties on merchandise purchased by U.S. residents in a duty-free sales enterprise upon their return to the customs territory of the United States, provided the person meets certain exemption eligibility requirements. (Sec. 18) Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to certain imported silver and gold bars. Provides for staged rate reductions for specified items. (Sec. 19) Directs the Secretary of the Treasury to liquidate or reliquidate as duty-free certain entries of lead fuel test assemblies. Requires a refund of duties paid with respect to such entries. (Sec. 20) Amends the Customs and Trade Act of 1990 to declare that the duty on foreign repairs made to U.S.-flag vessels shall not apply to the cost of equipment or spare parts for repairs made to certain U.S.-flag LASH (Lighter Aboard Ship) barges that entered the United States between January 1, 1993, and December 31, 1994, provided certain conditions are met. (Sec. 21) Amends the Harmonized Tariff Schedule of the United States to declare that importers of civil aircraft that have been entered duty-free shall: (1) maintain such supporting documentation as the Secretary of the Treasury may require; and (2) be deemed to certify that such imported article is a civil aircraft, or has been imported for use in civil aircraft and will so be used. (Currently, importers must file a statement, along with the supporting documentation, with the appropriate customs officer stating that such article is and will be used as a civil aircraft, or that it has been imported for use in civil aircraft, and that it has been approved for such use by the Federal Aviation Administration.) (Sec. 22) Suspends, through December 31, 1998, the duty on methyl 2-(4-(2,4-dichlorophenoxy)phenoxy) propionate (dichlorofop-methyl) in bulk form or in forms or packages for retail sale containing no other pesticide products. (Sec. 23) Imposes duties upon certain fireworks. Increases the column one duty rate regarding specified other types of fireworks. (Sec. 24) Grants duty-free treatment to 3,3-diaminobenzidine (tetraamino biphenyl). (Sec. 25) Reduces, through December 31, 1998, the duty on n-phenyl-n'-(1,2,3-thiadiazol-5'yl urea (thidiazuron) in bulk or in forms or packages for retail sale. (Sec. 26) Grants duty-free treatment to 2-amino-3-chlorobenzoic acid, methyl ester. (Sec. 27) Makes technical and conforming amendments to the Uruguay Round Agreements Act and the North American Free Trade Agreement Implementation Act.
United States · United States Congress · 11 July 1996
Declares that the definition of a base period, under the unemployment compensation law of a State, is not an administrative provision subject to a Social Security Act requirement that methods of administration must be found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due. (Provides that, for purposes of this Act, "base period" and "State law" have the same meanings as under the Federal-State Extended Unemployment Compensation Act of 1970.)
United States · United States Congress · 27 June 1996
Federal Prison Industries Competition in Contracting Corrections Act of 1996 - Modifies Federal criminal code provisions regarding the purchase of prison-made products by Federal departments to require each Federal department and agency to offer to purchase prison-made products in accordance with this Act. Specifies that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product that is authorized to be offered for sale by Federal Prison Industries (FPI) and is listed in the FPI catalog of products, the procurement activity shall solicit an offer from FPI; and (2) a contract award shall be made using competitive procedures in accordance with the specifications and evaluation factors specified in the solicitation, and may be made to FPI if the contracting officer for the procurement activity determines that the prison-made product to be furnished will meet the requirements of the procurement activity, timely performance of the contract can be reasonably expected, and the contract price does not exceed a current market price as established by the competition. Establishes provisions regarding: (1) contract performance by FPI; (2) finality of the contracting officer's decision; (3) reporting of purchases by Federal departments or agencies from FPI to the Federal Procurement Data System; and (4) publication and maintenance by FPI of a catalog of products and services that it is authorized to offer for sale. Sets forth provisions regarding proposed revisions to the Government-wide Federal Acquisition Regulation, publication of final regulations, and public participation in the process.
United States · United States Congress · 20 June 1996
Postal Service Core Business Act of 1996 - Prohibits the Postal Service from making available to the public any commercial nonpostal service except to the extent that such service was made available nationwide by the Postal Service to the public (whether under the Domestic Mail Manual or otherwise) as of January 1, 1994.
United States · United States Congress · 16 May 1996
Repeals the minimum wage requirement under the Fair Labor Standards Act of 1938. Prohibits the Federal Government from taking any action to regulate or otherwise impede actions taken by the States or local governments to enact or implement minimum wage laws.
United States · United States Congress · 15 May 1996
TABLE OF CONTENTS: Title I: Eligibility for Services; Distribution of Payments Title II: Locate and Case Tracking Title III: Streamlining and Uniformity of Procedures Title IV: Paternity Establishment Title V: Program Administration and Funding Title VI: Establishment and Modification of Support Orders Title VII: Enforcement of Support Orders Title VIII: Medical Support Title IX: Enhancing Responsibility and Opportunity for Non- Residential Parents Title X: Effective Dates and Conforming Amendments Child Support Improvement Act of 1996 - Title I: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 102) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 103) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification to services applicants or recipients of all proceedings and orders affecting child support obligations. Title II: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 202) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. Permits the unit to be established by linking local disbursement units through an automated information network if the Secretary agrees that it will not cost more or take more time to establish or operate than a centralized system. (Sec. 203) Requires State plans to: (1) provide for a State-operated and automated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 204) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which wages of a person with a support obligation imposed by a child support order issued before October 1, 1996, shall become subject to withholding if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 205) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 206) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) establishing, setting the amount of, modifying, or enforcing child support obligations; and (3) enforcing child custody or visitation orders. Directs the HHS Secretary to establish in the Federal Parent Locator Service an automated Federal Case Registry of Child Support Orders and an automated National Directory of New Hires. Requires the Secretaries of Labor and of HHS to jointly develop cost-effective methods of accessing information in the various State directories of new hires and the National Directory of New Hires, taking into account impact and cost to the States, and the need to insure authorized use of wage record information. (Sec. 207) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) deceased persons (on death records). Title III: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 303) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Title IV: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgment of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 403) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Title V: Program Administration and Funding - Directs the Secretary to develop a new incentive system to replace the current one. Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 502) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 504) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 505) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Title VI: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 602) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 603) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for knowing or negligent violation of such prohibition. Title VII: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 702) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the armed forces. (Sec. 704) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 705) Requires a State plan for child and spousal support to include specified procedures to: (1) ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) report to credit bureaus the name of the parent in arrears for child support; (3) provide for liens against real and personal property for the support arrearages of an absent parent; and (4) implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 710) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 711) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. (Sec. 712) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each absent parent targeted by the State who maintains an account at the institution, and to encumber or surrender such parent's assets at the institution pursuant to a lien or levy. (Sec. 713) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the custodial parents are receiving assistance, are enforceable against the child's paternal or maternal grandparents. (Sec. 714) Amends Federal bankruptcy law and the Social Security Act to declare a debt for child support nondischargeable in bankruptcy. Title VIII: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 802) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Title IX: Enhancing Responsibility and Opportunity for Non-Residential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Title X: Effective Dates and Conforming Amendments - Sets forth effective dates and conforming amendments.
United States · United States Congress · 9 May 1996
Working Americans Wage Restoration Act - Amends the Internal Revenue Code to allow a deduction for Old Age, Survivors and Disability Insurance (OASDI) (title II of the Social Security Act) employee taxes. Prohibits the deduction if the individual claimed the earned income credit for the year. Allows a deduction for all (currently, one-half) of OASDI self-employment taxes. Allows only the one-half deduction if the individual claimed the earned income credit for the year.
United States · United States Congress · 8 May 1996
Amends the Internal Revenue Code to suspend, between December 31, 1995, and January 1, 2001, the tax on any ozone-depleting chemical (or any product made using any ozone-depleting chemical) used as a propellant in any metered-dose inhaler.
United States · United States Congress · 7 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 1 May 1996
Declares that it is the sense of the Congress that the Board of Trustees of the Federal Hospital Insurance Trust Fund should submit to the Congress without further delay its annual report due on April 1, 1996.
United States · United States Congress · 24 April 1996
Regulatory Fair Warning Act - Amends Federal Government operations law to limit the sanctions which may be imposed by courts and agencies for rule violations: (1) involving agency rules which failed to give the defendant fair warning of the conduct that the rule prohibits or requires; (2) where the defendant reasonably and in good faith determined prior to the violation that he or she was in compliance with, exempt from, or otherwise not subject to, the rule requirements based upon his or her understanding of the rule text and published guidances and policies related to the rule; or (3) committed in reasonable reliance upon a written statement by a Federal or State official authorized to implement or ensure compliance with the rule, made after disclosure by the defendant of all material facts, that the defendant was in compliance with, exempt from, or otherwise not subject to the rule requirements. Prohibits the court or agency in an action brought to impose a civil or criminal sanction for an alleged rule violation from giving deference to any interpretation of such rule relied upon by the promulgating agency that was not published in the Federal Register or was not available to the defendant before the alleged violation.
United States · United States Congress · 24 April 1996
Constitutional Amendment - Provides that three years after ratification of this amendment: (1) the 16th amendment to the U.S. Constitution is repealed; and (2) the Congress shall have no power to lay and collect taxes on incomes, except in time of war declared by the Congress.
United States · United States Congress · 16 April 1996
Designates the Department of Veterans Affairs medical center in Jackson, Mississippi, as the G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center.
United States · United States Congress · 15 April 1996
Small Business OSHA Relief Act of 1996 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to require each OSHA standard promulgated by the Secretary of Labor to be based upon a cost-benefit assessment and a determination that the standard's benefits justify the costs it imposes. Directs the Secretary, in the case of any employer of 250 or fewer employees cited for a violation of specified requirements, standards, or rules, which is a significant threat to an employee's health or safety, but where the employer has made a good faith correction effort, to waive up to 100 percent of the penalty otherwise proposed for such violation: (1) if the employer corrects the violation within the time set for abatement; or (2), if the employer does not correct the violation within such time, to the extent that the employer uses the amount which would have been paid as the penalty for correction of the violation. Prohibits issuance of a citation for any posting requirement and any requirement to prepare and maintain injury and illness records or written plan or verification, unless: (1) the employer has willfully or repeatedly violated the requirement; or (2) the failure to meet such requirement has resulted in employee exposure to a hazard. Directs the Secretary to enter into cooperative agreements with States for consultation to employers concerning the provision of safe and healthful working conditions. Requires the Secretary to reimburse States that enter into such agreements for 90 percent of costs and 100 percent of State staff training and specified out-of-State travel expenses. Prohibits the Secretary from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 29 March 1996
Medical Device Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission. (Sec. 3) Allows device approval applicants to declare a review impasse and mandates use of a dispute resolution process. (Sec. 4) Revises requirements regarding: (1) investigational devise exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing consensus standards recognition); (5) effectiveness determinations (as used in classifying devices); (6) premarket notification; (7) classification panels; and (8) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates procedures for accrediting parties that review premarket approval applications and conduct good manufacturing practice inspections. (Sec. 13) Mandates reclassification of certain devices. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 18) Regulates the effect of the dissemination of medical texts, peer-reviewed scientific publications, displays at trade shows, and other material. (Sec. 19) Removes distributors from record keeping and reporting requirements. Declares that the failure of a device to perform as labeled or in an acceptable manner does not constitute a malfunction when caused by improper servicing. Repeals user reporting requirements. (Sec. 20) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 21) Allows using monetary penalties for violation correction. Entitles violators to reasonable discovery. (Sec. 22) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 23) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental impact statement or assessment. (Sec. 24) Prohibits the Secretary from relying on any statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 25) Mandates training programs for FDA employees regarding FDCA regulations and policies. Allows the FDA to conduct or contract for scientific research only if directly related to FDCA implementation. (Sec. 26) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 26 March 1996
Authorizes the President to: (1) determine that title IV of the Trade Act of 1974, including certain emigration requirements, shall no longer apply to Romania; and (2) extend nondiscriminatory treatment (most-favored-nation status) to the products of Romania.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 14 March 1996
Fast and Efficient Tax Filing Act - Amends the Internal Revenue Code to permit the use of any private designated delivery service under the timely-mailing-as-timely-filing rule.
United States · United States Congress · 14 March 1996
Open Competition Act of 1996 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 13 March 1996
Amends the United States-Israel Free Trade Area Implementation Act of 1985 to authorize the President to proclaim the elimination or modification of any existing duty in order to exempt any article from duty if: (1) the article is wholly the growth, product, or manufacture of the West Bank, the Gaza Strip, or a qualifying industrial zone (defined under this Act); (2) the article is imported directly from such area or zone; and (3) the sum of the materials and processing costs of such article is not less than 35 percent of the appraised value of such product at the time it enters into the United States. Makes an article eligible for such exemption only if: (1) its importer certifies that the article meets the exemption conditions; and (2) when requested by the Customs Service, the importer, manufacturer, or exporter submits a declaration setting forth all pertinent information with respect to such article and the requirements of this Act. Authorizes the President to: (1) treat such articles as items of Israel for purposes of the free trade agreement entered into between the United States and Israel in 1985, as long as such articles otherwise meet agreement requirements; and (2) include the value of materials and processing costs of such articles as values and costs under such agreement.
United States · United States Congress · 5 March 1996
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 4 March 1996
Amends the Higher Education Act of 1965 to exempt from certain annual compliance audit requirements of the guaranteed student loan program those lenders with guaranteed student loan portfolios that do not exceed $10 million.
United States · United States Congress · 29 February 1996
TABLE OF CONTENTS: Title I: Victim Restitution Act of 1996 Title II: Violent Criminal Incarceration Act of 1996 Subtitle A: Truth in Sentencing Subtitle B: Stopping Abusive Prisoner Lawsuits Subtitle C: Stop Turning Out Prisoners Subtitle D: Enhancing Protection Against Incarcerated Criminals Subtitle E: Prison Conditions Subtitle F: Community Service Projects Subtitle G: Prison Commissary Administration Title III: Criminal Alien Deportation Improvements Act of 1996 Title IV: Local Government Law Enforcement Block Grants Act of 1996 Title V: Effective Death Penalty Act of 1996 Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Crime Prevention and Family Protection Act of 1996 - Title I: Victim Restitution Act of 1996 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Provides that such requirement does not affect the power of the court to impose any other penalty authorized by law. Permits the court, in the case of a misdemeanor, to impose restitution in lieu of any other penalty authorized by law. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Mandates that a restitution order require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources, other assets, projected earnings, other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to multiple victims or other persons who may receive restitution where the identity of such victims and other persons can be reasonably determined; and (2) such in-kind payments may be in the form of the return or replacement of property or the provision of services. Provides that when the court finds that: (1) more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title II: Violent Criminal Incarceration Act of 1996 - Subtitle A: Truth in Sentencing - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States (and to eligible States organized as a regional compact) to build, expand, and operate: (1) space in correctional facilities in order to increase prison bed capacity for persons convicted of a serious violent felony; and (2) temporary to permanent correctional facilities, including facilities on military bases and boot camp facilities, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Permits such grants to be used to build, expand, and operate secure youth correctional facilities. Limits eligible States to receiving either a general grant or a truth-in-sentencing incentive grant. Requires a State, to be eligible to receive general grant funds, to submit to the Attorney General an application that provides assurances (general grant requirements) that since 1993 such State has increased: (1) the percentage of convicted violent offenders sentenced to prison; (2) the average prison time actually to be served by such offenders; and (3) the percentage of sentence actually to be served in prison by violent offenders. Requires a State, to be eligible to receive truth-in-sentencing incentive grants, to submit to the Attorney General an application that provides assurances that the State has enacted laws and regulations which include: (1) truth-in-sentencing laws which either currently require or, within three years, will require that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing; (2) laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release; and (3) laws requiring that the releasing authority notify the victims of serious violent felons or the family of such victims and the convicting court regarding the release of a defendant. Requires a State, to be eligible to receive general grants or truth-in-sentencing grants under this Act, to provide an assurance to the Attorney General that: (1) inmate labor will be used to build and expand correctional facilities; (2) each State will involve counties and other local governments in the construction, development, expansion, modification, operation, or improvement of correctional facilities designed to ensure the incarceration of offenders and will share funds received under this subtitle with any county or other local government that is housing State prisoners, taking into account the burden placed on such local government in confining prisoners due to overcrowding in State prison facilities in furtherance of the purposes of VCCLEA; (3) the State has implemented or will implement (within 18 months) policies to determine the veteran status of inmates and to ensure that incarcerated veterans receive the veterans benefits to which they are entitled; and (4) the State has adopted procedures for the collection of reliable statistical data which compiles the rates of serious violent felonies before and after the receipt of general grant or truth-in-sentencing grant funds and will report such statistical data to the Attorney General if not already provided. Specifies that beginning in FY 1998, 15 percent of the funds that would otherwise be available to a State as general grants or truth-in-sentencing grants shall be withheld from any State which does not have an eligible system of consequential sanctions for juvenile offenders. Makes a State eligible for grants under this title notwithstanding the general grant requirements if the State practices indeterminant sentencing and the average times served in such State for murder, rape, robbery, and assault exceed the national average of times served for such offenses by ten percent or more. Allows a State to use up to 15 percent of the funds provided under this title for jail construction if the Attorney General determines that the State has enacted legislation that provides for pretrial release requirements at least as restrictive as those found in the Federal criminal code or legislation that prohibits an individual charged with an offense for which a sentence of more than one year may be imposed or involving violence against another person from being released before trial without a financial guarantee to ensure appearance before trial. Provides that the Governor of the State may allow for earlier release of a geriatric prisoner or a prisoner whose medical condition precludes the prisoner from posing a threat to the public after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard. Permits a State that otherwise meets the requirements of this title and that certifies to the Attorney General that exigent circumstances require that it expend funds to confine juvenile offenders, to use funds received under this title to build, expand, and operate juvenile correctional facilities or pretrial detention facilities for such offenders. Sets forth provisions regarding: (1) the formula for determining the amount of funds that each State may receive; (2) accounting, audit, and reporting requirements (including a requirement that States receiving funds under this title require that the appropriate public authorities report to the Attorney General the death of each individual while in a municipal or county jail, State prison, or other similar place of confinement and that the Attorney General annually publish a report on such deaths); and (3) limitations on funds. Authorizes appropriations. Sets forth provisions regarding: (1) the transfer and use of unallocated funds; and (2) the reservation of funds for payments to States for the incarceration of criminal aliens. Directs the Attorney General to give preference for specified payments under the Immigration and Nationality Act (INA) to States and political subdivisions which are ineligible for payments for incarceration of criminal aliens under this Act. Subtitle B: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime and confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. (Sec. 212) Requires the court to dismiss any such action if satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. (Sec. 213) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 214) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel at any time. Requires (current law authorizes) the court to dismiss a proceeding in forma pauperis if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle C: Stop Turning Out Prisoners - Revises provisions of VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees. Subtitle D: Enhancing Protection Against Incarcerated Criminals - Amends the Federal criminal code to require the Bureau of Prisons to ensure that: (1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their fighting ability; and (2) all equipment designed for increasing the strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau (Director). Subtitle E: Prison Conditions - Directs the Attorney General to establish standards regarding conditions in the Federal prison system that provide prisoners the least amount of amenities and personal comforts consistent with constitutional requirements and good order and discipline in the Federal prison system. (Sec. 242) Requires the Director to report annually to the Congress on the amount spent at each Federal correctional facility under the Bureau's jurisdiction for: (1) the minimal requirements necessary to maintain custody and security of prisoners; (2) basic nutritional needs; (3) essential medical services; and (4) amenities and programs beyond the scope of such items. Subtitle F: Community Service Projects - Amends the Federal criminal code to authorize the Chief Executive Officer of a Federal penal or correctional facility, as part of an inmate work program, to provide services to private, nonprofit organizations or to a component of any State government or political subdivision thereof which shall: (1) be used only for the benefit of the recipient entity; and (2) not displace an employee of the recipient or result in a reduction in hours, wages, or employment benefits of any employee of the recipient. Subtitle G: Prison Commissary Administration - Amends the Federal criminal code to authorize the Director to establish, operate, and maintain commissaries in Federal penal or correctional facilities to provide or make available to inmates articles and services authorized by the Director. Establishes in the Treasury the Prison Commissary Fund. Requires revenues from commissary articles and services to be deposited in the Fund which shall be available for the payment of any expenses incurred by the Bureau in establishing, operating, and maintaining prison commissaries and the Fund. Authorizes the Director to use monies from the Fund for the general welfare of inmates. Title III: Criminal Alien Deportation Improvements Act of 1996 - Amends INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony" to include various offenses including: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five or more years' imprisonment may be imposed; (2) perjury or subornation of perjury for which a sentence of five or more years' imprisonment may be imposed; and (3) failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two or more years' imprisonment may be imposed. (Sec. 302) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 303) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 304) Limits collateral attacks on deportation orders. (Sec. 305) Amends VCCLEA to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 306) Amends Federal criminal law to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations provisions; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 308) Revises criteria under INA for deportation for crimes of moral turpitude to cover certain aliens convicted of a crime for which a sentence of one year or longer may be imposed. (Sec. 309) Makes local governments eligible for specified alien incarceration reimbursement assistance under VCCLEA. (Sec. 310) Amends INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 312) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 313) Directs the Attorney General to designate a Department of Justice office which shall provide States and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 314) Advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 315) Directs the Attorney General and the Commissioner to develop an interior (home country) repatriation program. (Sec. 316) Amends INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title IV: Local Government Law Enforcement Block Grants Act of 1996 - Amends VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a local law enforcement block grant program. Requires the Director of the Bureau of Justice Assistance (BJA) to pay to qualifying local governments specified sums for reducing crime and improving public safety, including sums for: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and support personnel; (2) paying overtime to increase the number of hours worked by presently employed officers and support personnel; (3) procuring equipment, technology, and other material directly related to basic law enforcement functions; (4) enhancing security measures in and around schools and any other facility or location which is considered by the unit of local government to have a special risk for incidents of crime; (5) establishing crime prevention programs that may involve, though not exclusively, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (6) establishing or supporting drug courts; (7) establishing early intervention and prevention programs for juveniles to reduce or eliminate crime; (8) enhancing the adjudication process of cases involving violent offenders, including the adjudication process of cases involving violent juvenile offenders; (9) enhancing programs under the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) drug control and system improvement grant program; (10) establishing cooperative task forces between adjoining local governments to work cooperatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; and (11) establishing a multijurisdictional task force, particularly in rural areas, composed of local law enforcement officials, that works with Federal law enforcement officials to prevent and control crime. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of funds for such purposes essential to the maintenance of public safety and good order. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) reservation of sums for adjustments; (4) repayment of unexpended amounts; (5) requirements that such funds not be used to supplant State or local funds; (6) matching funds; (7) oversight accountability and administration; and (8) technology assistance. Authorizes appropriations. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances make the use of funds for such purposes essential to the maintenance of public safety and good order. Requires the Director to: (1) establish procedures under which a local government is required to provide notice to the Director regarding the proposed use of funds made available under this title; and (2) establish a process for the ongoing evaluation of projects developed with such funds. Sets forth provisions regarding: (1) general qualification requirements; (2) sanctions for noncompliance; (3) maintenance of effort requirements; (4) the allocation and distribution of funds, including resolution of disparate allocations and unavailability and inaccuracy of information; (5) the use of funds to contract with private, nonprofit entities or community-based organizations; and (6) public participation. (Sec. 402) Repeals VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive block grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police retirement; (7) the Local Partnership Act; (8) the National Community Economic Partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; and (12) gang resistance and education training. Title V: Effective Death Penalty Act of 1996 - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners, running from the latest of the time at which: (1) the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (2) the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed where the applicant was prevented from filing by such State action; (3) the Federal right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence. Specifies that time that passes during the pendency of a properly filed application for State review with respect to the pertinent judgment or claim shall not be counted toward any period of limitation. (Sec. 502) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits a certificate of probable cause to issue only if the petitioner has made a substantial showing of the denial of a Federal right. Specifies that such certificate must indicate which specific issue or issues satisfy this standard. (Sec. 504) Permits the denial of a habeas corpus petition on the merits, notwithstanding the failure of the applicant to exhaust State court remedies. Specifies that a State shall not be deemed to have waived the exhaustion requirement or estopped from reliance upon the requirement, unless, through its counsel, it expressly waives the requirement. Prohibits an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court from being granted with respect to any claim that was decided on the merits in State proceedings, unless the adjudication of the claim resulted in a decision that was based on an arbitrary or unreasonable: (1) interpretation of clearly established Federal law as articulated in U.S. Supreme Court decisions; (2) application to the facts of clearly established Federal law as articulated in such decisions; or (3) determination of the facts in light of the evidence presented in the State proceeding. (Sec. 505) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners, running from the latest of the time at which: (1) the judgment of conviction becomes final; (2) the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed where the movant was prevented from making a motion by such governmental action; (3) the right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim presented could have been discovered through the exercise of reasonable diligence. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel; (2) stays of execution, limits on stays, and successive petitions; and (3) time requirements and tolling rules. Directs the district court, whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this subtitle applies, to consider only claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is: (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review. Prohibits an appeal from being taken to the court of appeals from the final order of a district court denying relief in a habeas corpus proceeding that is subject to this subtitle unless a circuit justice or judge issues a certificate of probable cause. Specifies that such a certificate may only be issued if the petitioner has made a substantial showing of the denial of a Federal right and must indicate which specific issue or issues satisfy this standard. Sets forth provisions regarding limitation periods for determining petitions. Requires the Administrative Office of the United States Courts to report annually to the Congress on court compliance with the time limits established by this title. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Revises VCCLEA provisions regarding the conduct of a special hearing to determine whether a death sentence is justified, to require the jury (or if there is no jury, the court) to consider whether the aggravating factors found to exist outweigh any mitigating factors and to recommend such sentence if it unanimously finds at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment.
United States · United States Congress · 29 February 1996
Highway Rail Grade Crossing Safety Formula Enhancement Act of 1996 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to direct the Secretary of Transportation, for FY 1997, to set aside five percent of the funds authorized for the surface transportation program to be apportioned among the States for railway-highway crossings based on a formula which takes into account the number of accidents and fatalities at public railway-highway crossings over a three-year period, the number of such crossings, and the number of such crossings with passive warning devices in each State relative to all States. Provides for exclusive availability of specified apportioned funds for railway-highway crossings and for hazard elimination programs in FY 1997.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Amends the Fair Housing Act to state that nothing in title VIII of such Act shall be construed to invalidate or limit any reasonable State or local law or regulation governing residential care facilities for disabled persons.
United States · United States Congress · 1 February 1996
Declares that: (1) Congress intends to pass an increase in the public debt limit before March 1, 1996; and (2) social security beneficiaries should be assured, in the interim, that social security benefits will be paid on a timely basis in March 1996. Authorizes the Secretary of the Treasury to issue U.S. obligations before March 1, 1996, in an amount equal to the monthly insurance benefits payable under title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act in March 1996. Exempts such obligations from the public debt limit until the earlier of March 15, 1996, or the date of enactment of the first increase in such limit after enactment of this Act.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 31 January 1996
Amends the Internal Revenue Code, with respect to the tax-exempt status of churches (and certain auxiliaries or associations of churches and members of an affiliated group whose membership includes such an organization) to state that: (1) in the case of a church organization whose activities consist substantially of attempting to influence legislation, such status shall be denied only if the organization normally makes lobbying expenditures for each taxable year in an amount in excess of 20 percent of its gross revenues for the year; and (2) in the case of a church organization that participates or intervenes in any political campaign on behalf of or in opposition to a candidate for public office, such status shall be denied only if the organization normally makes such expenditures for each taxable year in excess of five percent of its gross revenues. (Under current law, church organizations are considered "disqualified" and excluded from operation of provisions governing expenditures by public charities to influence legislation.) Combines these limits for an aggregate limit of 20 percent where expenditures of both types are made.
United States · United States Congress · 31 January 1996
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for S corporations. Describes such income as taxable income of the taxpayer from the active conduct of an eligible trade or small business. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of small business income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 25 January 1996
Condemns the court-martial of Specialist Michael New of the United States Army in response to his refusal to accept United Nations (UN) commanders and wear the UN insignia on his military uniform. Calls on the President, as Commander in Chief of the Armed Forces, to override New's conviction and restore his status with a place of honor in the Army.
United States · United States Congress · 23 January 1996
Nonprofit Organizations Tax-Exempt Bond Reform Act of 1996 - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.
United States · United States Congress · 5 January 1996
Notes that the U.S. Trade Representative intends to negotiate with Bulgaria in order to preserve the commitments of that country under the bilateral commercial agreement in effect between that country and the United States that are consistent with the General Agreement on Tariffs and Trade and the World Trade Organization. Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Bulgaria; and (2) based upon such determination, extend nondiscriminatory treatment (most-favored-nation treatment) to Bulgaria's products.
United States · United States Congress · 21 December 1995
Temporary Duty Suspension Act - Amends the Tariff Act of 1930 to authorize the administering authority to suspend for up to one year the imposition of antidumping or countervailing duties with respect to a product if such authority determines that prevailing market conditions relating to the availability of such product in the United States make the imposition of such duties inappropriate. Requires potentially affected parties to be given an opportunity to comment before a suspension takes effect. Authorizes the extension of such suspensions for additional periods of up to one year each. Allows the reinstatement of such duties upon a finding of an insufficient basis for continuance of their suspension.
![Official portrait of Rep. Crane, Philip M. [R-IL-8]](https://www.congress.gov/img/member/c000873_200.jpg)