United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
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 · 25 July 1996
Drug-Induced Rape Act of 1996 - Amends the Controlled Substances Act (CSA) to prescribe penalties of 20 years' imprisonment and a fine of up to $2 million for an individual or $10 million otherwise for distributing a controlled substance to a person without that person's knowledge with intent to rape such person. Prohibits the court from placing on probation or suspending the sentence of anyone sentenced under such provision. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam; and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs the United States Sentencing Commission to amend the Sentencing Guidelines so that one dosage unit of flunitrazepam shall be equivalent to one gram of marihuana for determining the offense level under the Drug Quantity Table.
United States · United States Congress · 22 July 1996
Citizen's Fair Hearing Act of 1996 - Amends the Endangered Species Act of 1973 to provide that any person who satisfies the requirements of the Constitution and demonstrates having suffered or being threatened with economic or other injury resulting from a violation of such Act or a failure of the Secretary of Commerce to act in accordance with it shall be deemed to be within the zone of protected interests of such Act and shall have standing to commence a civil suit on his or her own behalf.
United States · United States Congress · 27 June 1996
American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has submitted to the Congress a report describing the necessity for such inclusion; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law; (2) State or local government lands unless authorized by State or local law; or (3) privately owned lands without the owner's consent.
United States · United States Congress · 13 June 1996
Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of OASDI cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.
United States · United States Congress · 5 June 1996
Directs the Secretary of the Interior to convey to Wyoming specified property in Crook County for purposes of: (1) fish and wildlife management or education; or (2) maintaining and using the historical interests and significance of facilities on the property consistent with Federal and State law. Requires the State to provide access to the property for institutions of higher education at a level of compensation as mutually agreed.
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 · 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
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 · 18 April 1996
Regulatory Accountability Act of 1996 - Amends the Congressional Budget and Impoundment Control Act of 1974 with regard to Federal mandates to make it out of order in the House of Representatives or the Senate to consider any new or reauthorized measure (controlled private regulatory legislation) imposing costs on the private sector of $100 million or more (controlled Federal private sector mandate) unless it specifies a regulatory cost authorization for each such mandate of the dollar amount of private sector costs authorized to result from implementing or enforcing regulations. Requires the Congressional Budget Office to estimate the costs of mandate compliance for each measure reported by an authorization committee. Prohibits the total amount of private sector compliance costs from exceeding the regulatory cost authorization for a covered law. Prohibits a proposed covered regulation from taking effect unless the Director of the Office of Management and Budget (OMB) has certified in the Federal Register that its implementation will not violate the first prohibition. Exempts from such prohibitions any regulation which the President finds is necessary because of an emergency. Requires such estimates to be publicly available for each covered law.
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 · 29 March 1996
TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.
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
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this 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 · 19 March 1996
Iran Oil Sanctions Act of 1996 - Directs the President to impose certain economic sanctions against persons who with actual knowledge or reason to know: (1) export certain petroleum and natural gas-related goods or technology that would significantly and materially enhance Iran's ability to develop its petroleum resources; or (2) make an investment of $40 million or more in any 12-month period that directly contributes to Iran's development of such resources. Specifies exceptions to trade sanctions, among other things for certain defense-related articles or services essential to U.S. national security. Prohibits with respect to any sanctioned person: (1) extension of Export-Import Bank assistance; (2) licenses or permits for the exportation of goods or technology; (3) importation into the United States of products produced by such person; and (4) loans from U.S. financial institutions. Specifies sanctions against financial institutions. Authorizes the Secretary of State upon request to issue an advisory opinion to any person as to whether a proposed activity would be subject to sanctions. Waives the requirements of this Act if the President certifies to the appropriate congressional committees that Iran has: (1) ceased its efforts to develop or acquire a nuclear explosive device, chemical or biological weapons, or ballistic missiles and missile launch technology; and (2) been removed from the list of countries determined, under the Export Administration Act of 1979, to have repeatedly supported acts of international terrorism. Sets forth additional criteria for such waiver. Directs the President to establish a List of Petroleum and Natural Gas-Related Goods and Technology which shall be subject to the export control restrictions of this Act. Requires the President to report periodically to the appropriate congressional committees on efforts to persuade other countries to: (1) pressure Iran to cease its weapons of mass destruction programs and support of international terrorism; and (2) ask Iran to reduce the presence of Iranian diplomats and other personnel and withdraw any of them who participated in the takeover of the U.S. embassy in Tehran on November 4, 1979. Requires the President to ensure continued reports to the Congress on Iran's: (1) nuclear and other military capabilities; and (2) support for acts of international terrorism. Applies the sanctions required under this Act to persons making investments for the development of petroleum resources in Libya. Declares that determinations to impose sanctions under this Act are not reviewable in any court.
United States · United States Congress · 7 March 1996
Condemns: (1) the visit of Louis Farrakhan to Libya, Iran, and Iraq; and (2) his statements made during those visits which support the governments of these countries (all of which have been designated by the Secretary of State as state sponsors of terrorism). Calls upon the President to direct appropriate Government agencies to determine if Farrakhan violated any Federal laws by such visits or by actions resulting from agreements or understandings reached during these visits and to vigorously prosecute any such violations.
United States · United States Congress · 5 March 1996
Helium Privatization Act of 1996 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field. Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities. Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services. Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. Requires the Secretary to make crude helium sales in amounts that will cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury. (Sec. 5) Instructs the Secretary to eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. (Sec. 7) Directs the Secretary of the Interior to convey to the Texas Plains Girl Scout Council for consideration of one dollar specified lands in Potter County, Texas, reserving easements to the United States for pipeline rights-of-way.
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
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 · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 25 January 1996
Travelgate Victims Restitution Act - Provides for payment of the legal defense expenses incurred by the seven individuals who were terminated from employment with the White House Travel Office on May 19, 1993, in connection with any investigation of the operations of the Office out of funds appropriated before this Act's enactment for use by the Executive Office of the President.
United States · United States Congress · 7 December 1995
Fan Freedom and Community Protection Act of 1995 - Provides that where a professional sports league approves the relocation of a team from a community in which the team has been located for at least ten years: (1) the registered mark that is used to identify the team becomes the property of the league; (2) the league shall reserve the mark for use only by the community from which the team is relocating until the earlier of the mark's expiration or the date on which the community informs the league that a team will not be using the mark; and (3) the mark may not be used by another team in the same league. (Sec. 4) Requires a team owner seeking to relocate the team to provide notice to the local government for the community in which the team's stadium or arena is located, the owner or operator of such stadium or arena, and each team that is a member of the professional sports league not later than 180 days before the commencement of the season in which the team is to play in the new community. (Sec. 5) Directs the league, within a year after the submission of the name of an investor to a league, to grant to the investor a new expansion professional sports team franchise at a fee no greater than 85 percent of the franchise fee charged for the last expansion team franchise granted. Makes such requirement applicable to a league in any case in which: (1) the league approves, on or after January 1, 1993, the relocation of a team from one community to another; (2) not later than three years after such relocation, the community in which the team was previously located submits the name of an investor to be granted a new team franchise in such community; and (3) the investor demonstrates that he is financially able to purchase and support a team by placing the prescribed amount, plus the sale price of the last team sale approved by the league, in an escrow account. Authorizes the league, for ten years after granting an expansion team franchise, to approve a resale of the team but not the team's relocation. Makes this section inapplicable to a team that relocates within 60 miles of the community. (Sec. 6) Permits under the antitrust laws a league to enforce rules or agreements authorizing its membership to decide whether a member team may relocate from one community to another. Requires a league, in determining whether to approve such a relocation, to make specific findings, including regarding fan loyalty, the extent to which the team received public financial support, and whether there is a bona fide investor offering fair market value that will retain the team in the current community. (Sec. 7) Sets forth penalties for failure to comply with this Act. Provides for enforcement by the Federal Trade Commission.
United States · United States Congress · 7 December 1995
Child Protection and Ethics I Education Act of 1995 - Directs the Comptroller General to conduct a study to determine whether programs, lectures, texts, or other pedagogical materials involving sexuality used by agencies, universities, or elementary and secondary schools (institutions) that receive Federal funds for educational purposes significantly or particularly rely on the scholarship of, directly or indirectly consisting of, or based on the studies entitled "Sexual Behavior in the Human Male" and "Sexual Behavior in the Human Female" authored by Alfred Kinsey and his team of researchers, published in 1948 and 1953 (Kinsey reports). Authorizes the General Accounting Office to evaluate whether the contents of the Kinsey reports are erroneous, wrongfully obtained by reason of fraud or criminal wrongdoing (i.e., systematic sexual abuse of children), or both. Directs: (1) the Comptroller General to complete such study and report to the Congress by May 1, 1996; and (2) the Secretary of Education, if the Comptroller General's determination is in the affirmative, to ensure that for FY 1997 and subsequent fiscal years no Federal funds are provided to any persons or institutions for any educational purpose which instruct in Kinsey's work, derivative Kinseyan scholars, or scholarship without indicating the unethical and tainted nature of the Kinsey report. Directs the chief executive officer of the State involved to certify to the Secretary which such agencies or school programs cite such materials.
United States · United States Congress · 6 December 1995
Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 28 November 1995
Expresses the sense of the House of Representatives that: (1) the President should immediately ask for, and accept, the resignation of the Secretary of Energy; and (2) Secretary O'Leary should reimburse the Federal Government from her personal funds for specified expenditures.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 9 November 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless funds for such deployment have been specifically appropriated by a law enacted after the date of enactment of this Act.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 26 October 1995
Prohibits any member of the armed forces from being required to wear any uniform item or insignia which indicates an allegiance to or affiliation with the United Nations.
United States · United States Congress · 26 October 1995
Prohibits the obligation or expenditure of funds appropriated or otherwise made available to the Department of Defense for the ground deployment of U.S. forces in Bosnia and Herzegovina as part of any peacekeeping operation or implementation force, unless the deployment is specifically authorized by a law enacted after the date of enactment of this Act.
United States · United States Congress · 19 October 1995
Animal Drug Availability Act of 1995 - Amends Federal Food, Drug, and Cosmetic Act provisions relating to new animal drugs to redefine "substantial evidence" to mean evidence from one or more scientifically sound studies including, as appropriate, in vitro studies, studies in laboratory animals, bioequivalence studies, and any studies voluntarily undertaken by or for the applicant that provide some assurance that the drug will have the intended effect. Excludes a claim for the use of a drug in a minor species or a minor use of a drug from disapproval, if there is an application filed for the drug which is approved prior to the submission of the claim. Allows consideration, when a new animal drug contains more than one active ingredient or its labeling suggests use of the drug in combination with another animal drug, only of whether any of the active ingredients or any of the drugs in the combination, at the longest withdrawal time of any of the active ingredients or drugs in the combination, exceeds its established tolerance or interferes with the methods of analysis for another of the active ingredients or drugs in the combination. Requires the Secretary to issue proposed regulations implementing the provisions of this section which: (1) further define "substantial evidence;" (2) take into account the proposals contained in the citizen petition submitted by the American Veterinary Association and the Animal Health Institute; and (3) provide for the opportunity for a conference to make a decision establishing a submission or an investigational requirement. (Sec. 4) Requires the Secretary to approve or disapprove the application within 90 (currently 180) days of receipt of the application. (Sec. 5) Requires: (1) the Secretary to refer disputed issues received in writing from an applicant to an advisory committee or to a special Government employee; and (2) the committee or employee to submit a report containing recommendations regarding the matter. (Sec. 6) Requires the Secretary to refuse approval of an application if information submitted with respect to the drug indicates that any use suggested in labeling proposed for that drug will result in a unsafe amount of residue. (Sec. 7) Permits the export of an unsafe (as defined in the Act) new animal drug, if it is not in conflict with the laws of the country to which it is exported. (Currently, such export is prohibited.)
United States · United States Congress · 18 October 1995
Livestock Concentration Report Act of 1995 - Directs the President to appoint a Commission on Concentration in the Livestock Industry to review and report on specified meat packing industry matters, including certain studies, effects of antitrust laws, and prices.
United States · United States Congress · 13 October 1995
Designates the Federal Triangle Project under construction at 14th Street and Pennsylvania Avenue, Northwest, in the District of Columbia, as the Ronald Reagan Building and International Trade Center.
United States · United States Congress · 11 October 1995
Prisoner Lawsuit Efficiency Act of 1995 - Amends the Federal criminal code to prohibit any action from being brought by a prisoner in the custody of the Federal Bureau of Prisons concerning any aspect of such prisoner's incarceration until any administrative remedy procedures available are exhausted, regardless of the nominal party defendant. Specifies that the fact that the administrative remedies do not include all the possible procedures and forms of recovery that are available in the civil action does not render such remedies inadequate or excuse the failure to exhaust them.
United States · United States Congress · 11 October 1995
Second Amendment Reaffirmation Act of 1995 - Repeals: (1) the Brady Handgun Violence Prevention Act; and (2) the Assault Weapon Manufacturing Strict Liability Act of 1990 (D.C. Act 8-289). Amends the Firearms Owners' Protection Act (the Act) to: (1) provide that, where discontinuance of a firearms or ammunition business is to be absolute, the records required to be kept shall be delivered within 30 days after such discontinuance to another Federal firearms licensee; and (2) make provisions regarding the award of attorney's fees to the prevailing party, including when the court finds that the action was without foundation or initiated in bad faith, applicable to certain actions and proceedings under Internal Revenue Code (IRC) provisions concerning excise taxes for machine guns, destructive devices, and certain other firearms, including a proceeding before an administrative law judge. Authorizes: (1) any person aggrieved by the violation of a civil or constitutional right in connection with the lawful possession or use of a firearm by the U.S. Government, any official or employee thereof, or the government of any State or subdivision or official or employee thereof to bring an action for actual and punitive damages in the Federal district court in which such person resides or transacts business; and (2) the court to award a prevailing plaintiff, other than the Government, reasonable attorneys' fees and costs. Bars: (1) the application of any legal provision or any State or local statute enacted to regulate the level of any pollutant from being applied to the sale, transportation, possession, importation, or use of any firearm or ammunition; and (2) any officer or employee of the Bureau of Alcohol, Tobacco, and Firearms (BATF) from undertaking any investigation of a single individual, organization, or business which will reasonably require expenditures in excess of $4,000, or any investigation in consultation or cooperation with the Internal Revenue Service, without prior written approval by the Deputy Secretary of the Treasury. Sets penalties for violations. Prohibits any U.S. officer, agent, or employee from listing, recording, copying, or computerizing the names of firearm owners (other than those required to be maintained under the IRC), transferring information concerning the identities of firearms owners to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, or participating in the establishment of any system of registration of firearms, firearms owners, or firearms transactions or dispositions. Requires that any such list, record, copy, computerization, facility, or system that would have violated this Act had it been created or expanded following the effective date of this Act be destroyed. Creates a cause of action for persons aggrieved by the violation of any civil or constitutional right in connection with a violation of the Act by the Government for actual and punitive damages, including the award of reasonable attorney's fees and costs to a prevailing plaintiff other than the Federal, a State, or local government.
United States · United States Congress · 25 September 1995
Congressional Award Act Amendments of 1995 - Amends the Congressional Award Act to extend through 1997 the requirement that the Comptroller General determine that the Director of the Congressional Award Program has ensured that appropriate procedures for fiscal control and fund accounting are established for the financial operations of the Program and that such operations are administered by personnel with expertise in accounting and financial management. Extends the Congressional Award Board until October 1, 1998.
United States · United States Congress · 21 September 1995
Surface Mining Control and Reclamation Amendments Act of 1995 - Amends the Surface Mining Control and Reclamation Act of 1977 to: (1) repeal certain oversight functions of the Office of Surface Mining Reclamation and Enforcement; (2) provide for an approved State program for surface coal mining and reclamation operations which shall apply in that State in lieu of the Act; (3) declare the Act inapplicable to surface coal mining and reclamation operations within a State with an approved State program until such program has been amended, and the permittee has been provided reasonable time to conform operations to the amended program; and (4) declare that operations in compliance with a permit issued under the Act shall be deemed to be in compliance with its environmental protection standards and those of an approved State or Federal program pursuant to the Act. Amends enforcement guidelines to grant a State regulatory authority sole enforcement responsibility for the Act and relevant State law, subject only to State administrative and judicial review. Confers enforcement responsibility for Federal water quality laws (including State law enacted pursuant thereto) upon the regulatory authority approved by the Federal Environmental Protection Agency. Revises judicial review guidelines to: (1) repeal the provision that availability of judicial review of a State regulatory authority does not limit the operation of rights with respect to citizens' suits to compel compliance with Federal law; and (2) declare that an action by the Secretary of the Interior regarding inadequate State enforcement is subject to judicial review by the U.S. district court for the district which includes the capital of the State whose program is at issue. Establishes a three-year statute of limitations for an enforcement proceeding under this Act. Excludes public roads from the regulatory purview of the Act.
United States · United States Congress · 19 September 1995
Endangered Species Recovery and Conservation Incentive Act of 1995 - Requires the Secretary of the Interior, within two years after the listing of an animal or plant as endangered under this Act, to develop a plan for the conservation or recovery of the endangered species, or upon finding that such a plan will not promote the conservation or recovery of such species, to develop a conservation or recovery statement. Requires the Secretary: (1) in developing and implementing the plans, to give priority to those endangered species that are most likely to benefit; and to those endangered species that are more genetically complex, taxonomically unique or ecologically, medicinally, or economically valuable; and (2) to give priority to the latter with respect to developing statements. Requires each such plan or statement to include: (1) site-specific conservation or recovery actions; (2) criteria for removal from the endangered species list; (3) time estimates for carrying out measures; (4) species population goals and current population estimates; (5) social and economic benefits of species conservation; and (6) a description and the status of animals of the same species or sub-genus. Sets forth provisions regarding: (1) procedures for making the draft of a plan or statement available for public comment; (2) approval of the plan or statement; (3) public notification of such approval; (4) amendment of the plan; (5) outside assistance for the development of a plan or statement; and (6) applicability of the Federal Advisory Committee Act to recovery teams. Allows the Secretary, upon determining that it will contribute to the conservation or recovery of an endangered species, to provide scientific, technical, administrative, or financial assistance to private, State, or lesser government entities to: (1) establish voluntary agreements with non-Federal land owners for up to 25 years to improve, maintain, or create habitat for endangered species; (2) promote conservation through commerce by providing assistance to, entering into agreements with, or otherwise encouraging for-profit and not-for-profit companies, organizations, and individuals involved in such activities; (3) acquire property from willing sellers; and (4) take other nonregulatory conservation or recovery measures. Directs the Secretary to: (1) establish a system of awards and rewards for participation in voluntary and cooperative programs that further the conservation or recovery of endangered species; and (2) maintain a public database of information valuable to the conservation of endangered species. Authorizes the Secretary to enter into a cooperative agreement with any State that is designed to directly further the management of endangered species or their habitat and thereby promote the conservation or recovery of such endangered species through the provision of scientific, technical, or managerial assistance or through the provision of contracts. Allows the Secretary to provide scientific, technical, or administrative assistance to other Federal agencies to promote the conservation or recovery of endangered species. Requires the Secretary to: (1) assess whether major Federal projects will directly and significantly reduce the likelihood that an endangered species may be conserved or recovered; and (2) transmit such findings to the Federal agencies conducting the projects and to the Congress. Defines, for purposes of this Act, "major Federal project" to mean any individual Federal undertaking, permit, or license directly resulting in a Federal expenditure of more than $2 million. Authorizes the Secretary to bring an action to enjoin any activity which the Secretary can reasonably demonstrate to destroy an endangered species or its habitat and to bring one additional action to enjoin such activity if attempts, during the injunction, to negotiate a voluntary conservation agreement with the property owner are unsuccessful. Sets forth provisions governing: (1) limitations on such injunctions; (2) orders to enter a property to capture or collect and remove endangered species that otherwise face imminent damage or destruction; (3) U.S. liability for all damages and losses incurred by a property owner resulting from such entry; (4) acquisition of property pursuant to this Act; and (5) a requirement for the Secretary to monitor the success of voluntary agreements and other voluntary efforts under this Act in conserving and recovering endangered species. (Sec. 5) Requires the Secretary to determine whether any animal or plant is endangered based on: (1) the present or imminent destruction, adverse modification, or curtailment of a significant portion of its habitat or range; (2) disease or predation; (3) an extremely limited range or population; (4) other adequate and verifiable scientifically valid data indicating natural or manmade factors adversely affecting the species' continued existence. Allows the Secretary of Commerce to recommend to the Secretary of the Interior that an animal or plant is endangered and that it should be enumerated in, or removed from, the list of endangered species published under this Act. Requires such action to be implemented if the Secretary of the Interior concurs. Prohibits inclusion of an animal or plant in such list or its removal from the list without a prior favorable determination made by the Secretary of Commerce. Sets forth provisions regarding: (1) the procedures and requirements for determining whether an animal or plant should be included in, or removed from, the list; (2) an emergency listing of animals or plants determined to be in danger of imminent extinction; (3) the effectiveness of such determination for up to one year; (4) a one time renewal of such emergency listing; (5) termination of the effectiveness of such emergency determination after the date of its publication in the Federal Register; and (6) the establishment of an emergency listing. Requires the Secretary of the Interior, within one year of determining that an animal or plant is endangered, to determine whether recovery is a feasible goal for the endangered species and to publish such determination and the basis for it in the Federal Register. Requires the Secretary to publish in the Federal Register and make available to the public through electronic means a list of every animal and plant for which there is in effect a determination by the Secretary or the Secretary of Commerce that the animal or plant is endangered. Sets forth provisions regarding: (1) petitions for judicial review by persons who may be directly and substantially affected by actions taken or determination or finding pursuant to this Act; (2) court standards in reviewing such petitions; and (3) the definition of "substantial evidence" when applicable to any act or determination under this Act which is reviewable under the Administrative Procedure Act. Requires the Secretary to implement a system, in cooperation with the States, to monitor effectively for at least five years the status of all animals and plants which: (1) have recovered to the point at which the measures provided pursuant to this Act are no longer necessary; and (2) have been removed from the list. Requires the Secretary to report biennially to the President and to the Congress on efforts to conserve and recover endangered species. (Sec. 6) Sets forth civil or criminal penalties for: (1) directly and intentionally killing or physically injuring a member of any vertebrate species which is properly included in the list, except that uses of endangered species such as hunting, fishing, captive propagation, and harvesting that contribute to the endangered animal's survival or conservation shall be allowed; (2) knowingly and intentionally violating an injunction or order issued pursuant to this Act; (3) in knowing violation of this Act, maliciously and in the pursuit of personal gain as a direct result thereof, intentionally killing or directly and intentionally physically injuring a member of a vertebrate species which is properly included in the published list or a member of an endangered species while trespassing on private property or while in a National Park or National Wildlife Refuge. Sets forth civil penalties for intentionally capturing, collecting, or trapping, and for directly and intentionally killing or directly and intentionally physically insuring, any listed vertebrate animal or plant on any property subject to the jurisdiction of the United States, while trespassing on private property, or while on federally owned lands within a National Park and National Wildlife Refuge. Sets forth provisions: (1) prohibiting penalties from being imposed upon a defendant, under certain conditions, who was acting to protect himself or herself or other individuals from bodily harm or to protect private property from significant damage; and (2) specifying as a defense against charges brought under this Act that the defendant had the owner's consent and the animal or plant was owned before the date of inclusion of its taxonomic unit on the list or that it was the progeny of such animal or plant or was otherwise lawfully acquired. Allows the Secretary to waive the violations in this Act to protect public health and safety or for national security or a national, regional, or local emergency. Directs the Secretary, under certain conditions, to permit persons or States to commit actions to contribute to furthering the conservation of an endangered species. (Sec. 7) Directs Federal departments and agencies to conserve or recover endangered species on Federal lands and, with the owner's consent, on State and private lands and to utilize their authorities in furtherance of the purposes of this Act. Requires Federal agencies to cooperate with State and local agencies to resolve water resource issues in concert with conservation or recovery of endangered animals and plants in a manner consistent with, and governed by, State water law. Prohibits water rights protected under State law from being injured or adversely affected in carrying out this Act without just compensation. Provides that this Act shall not be construed so as to modify the allocation of water among or between States pursuant to either interstate compacts or decisions of the United States Supreme Court. Requires the Secretary to make the following information available by electronic means such as Internet and to seek to make access to such information available at minimal cost and inconvenience to those seeking the information: (1) notices issued by the Secretary under this Act that would appear in the Federal Register or other forums of public notice; (2) recovery or conservation plans and statements; (3) the list; (4) the biennial report to the President and to the Congress; and (5) other materials received regarding or produced in implementing this Act. (Sec. 8) Establishes the Endangered Species Recovery Fund in the Treasury to be made available to the Secretary to carry out this Act. Provides that nothing in this Act authorizes the Secretary, except with respect to federally designated wilderness areas, to: (1) establish or impose any user or admission fees for lands for which such a fee is not in effect on this Act's enactment; (2) increase that portion of any user or admission fee which shall be directed to the Fund by more than one dollar; or (3) direct any more than that amount from such fee to the Fund. Requires the Secretary to establish and issue to individuals a Lifetime User Pass for a fee not to exceed $500 which shall permit such individual to enter National Parks, National Wildlife Refuges, National Recreation Areas, National Seashores, National Lakeshores, or National Monuments. Allows the Secretary to accept donations from the public to carry out this Act, with the exception of donations from persons having business with, or matters pending before, the Secretary's department. (Sec. 9) Sets forth provisions regarding: (1) a 100 percent property tax credit for private property or a portion thereof that is managed to promote the conservation or recovery of an endangered species by providing habitat which is used or occupied by an endangered species; and (2) a credit of up to 100 percent for expenditures for furthering the conservation or recovery of an endangered species pursuant to an agreement entered into with the Secretary under this Act. (Sec. 10) Authorizes the Secretary to undertake activities to further the conservation or recovery of endangered species by the collection, storing, and use of: (1) genetic materials, eggs, sperm, or tissue of endangered animals; and (2) genetic material, seeds, or tissue of endangered plants. (Sec. 11) Amends the Endangered Species Act (the Act) to define "harm" for purposes of such Act to mean an intentional and direct action that injures or kills any member of an endangered or threatened species of fish or wildlife other than as an unintended consequence of otherwise lawful activity. Prohibits an action permitting activity on private property from being subject to the requirements or procedures outlined in such Act. Prohibits the Secretary from taking actions under the Act to determine endangered and threatened species and to designate critical habitat. Sets forth provisions regarding: (1) inclusion of, or removal from, the list of species determined to be endangered or threatened pursuant to the Act; and (2) compensation to a owner of property whose use of any portion of that property has been limited by an action taken after this Act's enactment that diminishes the fair market value of such portion by 20 percent or more. Authorizes appropriations.
![Official portrait of Rep. Cubin, Barbara [R-WY-At Large]](https://www.congress.gov/img/member/c000962_200.jpg)