United States · United States Congress · 12 February 1997
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 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 · 11 February 1997
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for the: (1) National Highway System (NHS); (2) Surface Transportation Program (STP); and (3) Federal Lands Highway Program, including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 4) Defines "highway funds" as funds apportioned and allocations authorized under this Act for the fiscal year and funds allocated to a State for the preceding fiscal year for Federal-aid highways and highway safety construction. Revises the apportionment of NHS funds to allocate 0.4 percent (previously, one percent) to U.S. territories and possessions, and the remaining 99.6 among the States according to a formula based on population density. Includes bridge construction and related activities among eligible NHS projects. (Sec. 5) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 6) Includes bridge construction and related activities as an eligible activity within the streamlined STP. Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, or for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation limitation relating to the type of ambient air quality standard addressed by such project. Revises: (1) State certification procedures; and (2) procedures for payments to States for eligible STP activities. (Sec. 7) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent estimate prepared by the Secretary of Commerce. (Sec. 8) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 10) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program under which the Secretary shall apportion among the States amounts sufficient to ensure that the ratio of the highway funds of a State to highway funds of all States for the fiscal year is not less than the adjustment percentage specified for that State under this Act. Requires each State to receive additional apportionments so that its percentage of highway funds is not less than 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund. Repeals: (1) existing apportionment adjustment programs; and (2) set-asides for interstate discretionary projects. (Sec. 12) Reduces from 3.75 to 2.35 the percentage of program funds authorized to be set aside for administrative costs. (Sec. 13) Sets forth provisions regarding permissible transfers of unobligated balances of funds apportioned to a State for: (1) congestion mitigation and air quality improvement; (2) interstate construction and maintenance; (3) bridge replacement and rehabilitation; and (4) the STP.
United States · United States Congress · 11 February 1997
Designates the United States Post Office building located at 313 East Broadway in Glendale, California, as the Carlos J. Moorhead Post Office Building.
United States · United States Congress · 11 February 1997
TABLE OF CONTENTS: Title I: Creation and Control of Depository Institution Holding Companies Title II: Supervisory Improvements Title III: Effective Date Depository Institution Affiliation Act - Title I: Creation and Control of Depository Institution Holding Companies - Sets forth the terms and conditions under which a depository institution holding company (DIHC) can be established and must be operated. (Sec. 101) Requires any DIHC seeking to acquire control of an insured bank, an insured institution, a bank holding company, a savings and loan holding company, or another DIHC to comply with certain requirements of the Federal Deposit Insurance Act. Establishes penalties and additional procedures for failing to comply with such requirements. Permits the appropriate Federal regulatory agency (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Board of Directors of the Federal Deposit Insurance Corporation, or the Federal Home Loan Bank Board) to adopt rules and regulations to prevent an insured depository institution controlled by a DIHC from engaging in unsafe or unsound practices. Subjects DIHCs to the same restrictions on affiliate transactions that are imposed upon members of a Federal Reserve bank (member banks) under the Federal Reserve Act. Establishes additional restrictions on inter-affiliate transactions, including prohibiting an insured bank or institution that is an affiliate of a DIHC from: (1) extending credit to a securities affiliate or subsidiary; (2) purchasing for its own account the assets of a securities affiliate or subsidiary; or (3) extending credit to an issuer of securities underwritten by a securities affiliate for the purpose of paying the principal of those securities or interest for dividends on those securities. Requires that each DIHC-controlled insured depository institution be well capitalized. Requires any DIHC in control of an undercapitalized insured depository institution to: (1) enter into an agreement with the appropriate Federal regulatory agency to return the institution to being well capitalized; or (2) divest control of such bank or institution. Prohibits Federal regulatory agencies from imposing requirements pertaining to the capital of a DIHC. Subjects interstate acquisitions: (1) of an insured bank by an DIHC to the same restrictions that apply to bank holding companies under the Bank Holding Company Act of 1956; and (2) of savings associations by a DIHC to the same restrictions that apply to savings and loan companies. Prohibits Federal and State governments from enacting laws that discriminate against DIHCs or their affiliates. Preempts any Federal or State provision inconsistent with the purposes of this Act. Prohibits insured banks and institutions associated with an DIHC from: (1) dealing in or underwriting securities; (2) underwriting insurance; or (3) investing in or developing real estate. Provides certain limitations on DIHC entry into the business of insurance agency or real estate brokerage. Subjects DIHCs to the tying provisions of the Bank Holding Company Act Amendments of 1970 and to the insider lending prohibitions of the Federal Reserve Act. Reaffirms that the purpose of this Act is to prevent use of the resources of Federal deposit insurance funds to protect the shareholders or business interests of a DIHC, except through the authorized fulfillment of their obligations to protect the insured deposits of a DIHC-controlled insured depository institution. Sets forth criminal and civil penalties for violations of this Act. (Sec. 102) Makes conforming amendments to the Bank Holding Company Act of 1956. (Sec. 103) Amends the Federal Reserve Act to provide that, for the purpose of restricting loans or extending credit to affiliates, a loan or extension of credit shall not be deemed to be made to an affiliate if: (1) the approval of such loan or extension of credit was in accordance with the same standards and procedures and on substantially the same terms that apply to similar loans or extensions of credit; and (2) such loan or extension of credit was not made for the purpose of evading any requirement of such Act. (Sec. 104) Amends the Banking Act of 1933 to make certain provisions inapplicable to member banks which are controlled by DIHCs. (Sec. 105) Makes conforming amendments to the Federal Deposit Insurance Act. (Sec. 106) Amends the Securities Exchange Act of 1934 to provide for the registration and regulation of broker dealers. (Sec. 107) Makes conforming amendments to the Home Owners' Loan Act and the Community Reinvestment Act of 1977. Title II: Supervisory Improvements - Establishes a National Financial Services Oversight Committee to: (1) establish uniform principles and standards for the examination and supervision of financial institutions and other providers of financial services; and (2) recommend additional measures to the Congress to strengthen the separation of insured banks and institutions controlled by DIHCs from the activities of their affiliates. Title III: Effective Date - Makes this Act effective upon enactment.
United States · United States Congress · 6 February 1997
Amends the Clean Air Act to allow reformulated gasoline rules of States for which a certain waiver is in effect (permitting them to enforce State motor vehicle emissions standards) to apply in an ozone nonattainment area in lieu of Environmental Protection Agency-promulgated requirements if the State rules will achieve reductions in the aggregate mass of emissions of toxic air pollutants and the aggregate mass of emissions of ozone-forming compounds at least as great as would result from application of the Federal requirements.
United States · United States Congress · 5 February 1997
Fair Housing Reform and Freedom of Speech Act of 1997 - 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 · 5 February 1997
Requires the House of Representatives to participate in State and local government transit programs to encourage House employees to use public transportation. Directs the Committee on House Oversight to issue appropriate regulations.
United States · United States Congress · 4 February 1997
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 · 9 January 1997
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 · 7 January 1997
Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Francis Albert "Frank" Sinatra. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 7 January 1997
TABLE OF CONTENTS: Title I: Natural Disaster Insurance Title II: Multihazard Mitigation Program Natural Disaster Protection and Insurance Act of 1997 - Title I: Natural Disaster Insurance - Directs the Secretary of the Treasury (the Secretary) to establish within the Department of the Treasury a National Commission on Catastrophe Risk and Insurance Loss Costs to estimate loss costs from catastrophic natural disasters. Instructs the Commission to: (1) make an initial estimate of catastrophe loss costs (updated at least every three years); (2) file catastrophe loss costs estimates at least every three years; (3) conduct special studies of catastrophe insurance issues in order to develop estimates of catastrophe loss costs, including the investigation of specified issues according to certain procedural guidelines. (Sec. 101) Permits a private insurer to elect to cite the Commission's final catastrophe loss cost estimates in its rate filings to a State department of insurance. Instructs the Secretary to consider catastrophe loss cost estimates when developing reserve prices for Federal excess-of-loss reinsurance contracts. Requires State insurance pools that provide direct insurance, in order to be eligible to purchase Federal excess-of-loss reinsurance contracts, to consider, when developing property coverage rates, such estimates as the minimum loss costs to be filed with State department of insurance. Prescribes guidelines under which the Commission may review and certify private commercial natural disaster hazard models intended to be used to make estimates of catastrophe loss costs. Authorizes appropriations. Expresses the intent of the Congress that: (1) this Act relates specifically to the business of insurance; and (2) specified activities prescribed by this Act and applicable to such business shall be regulated by State law. (Sec. 102) Directs the Secretary to implement a program to auction Federal excess-of-loss reinsurance contracts to eligible purchasers in order to increase the capacity of insurance coverage against specified catastrophic natural disasters. Establishes the Federal Excess-of-Loss Reinsurance Fund within the Treasury to make payments on claims and for: (1) the operation of the National Commission on Catastrophe Risk and Insurance Loss Costs; (2) the anticipated Federal contribution to the Natural Disaster Hazard Mitigation Fund (established by this Act); and (3) administrative expenses. (Sec. 103) Prescribes eligibility qualifications for a licensed private corporation providing excess reinsurance for catastrophic natural disasters, which shall not be subject to antitrust liability. (Sec. 104) Directs the Comptroller General to conduct a joint study with the Secretary of the Treasury and the Secretary of Commerce evaluating specified public policy issues associated with conferring favorable Federal tax treatment to insurance reserves set aside by private insurers for future catastrophic natural disasters. (Sec. 105) Requires the Director of the Federal Emergency Management Agency (FEMA) to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the national flood insurance program operated under the National Flood Insurance Act of 1968. (Sec. 106) Requires each State department of insurance to take into account natural disaster hazard mitigation measures in setting rates and deductibles for property insurance. (Sec. 107) Requires the FEMA Director and the Secretaries of Treasury and of Commerce to study jointly, evaluate, and report to the Congress on the availability and affordability of catastrophe insurance for natural hazards to private enterprises and State and local governments. Title II: Multihazard Mitigation Program - Prescribes guidelines and a deadline for the development of State-wide strategic mitigation plans to reduce the hazards of future natural disasters. Denies non-compliant States eligibility to receive funds from the Natural Disaster Hazard Mitigation Fund. (Sec. 202) Establishes the Natural Disaster Hazard Mitigation Fund. (Sec. 203) Directs the Comptroller General to identify all Federal programs providing assistance for public facilities and lifelines, and determine those which include or could include as an eligible use of Federal assistance the retrofitting or strengthening of public facilities and lifelines to minimize damage from future natural disasters. (Sec. 204) Directs the Secretaries of Agriculture and of the Interior to enter into an agreement with the interagency National Wildfire Coordinating Group to study and report to the Congress on the threat posed by wildfires. (Sec. 205) Authorizes appropriations.
United States · United States Congress · 7 January 1997
Social Security Earnings Limitation Repeal Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.
United States · United States Congress · 7 January 1997
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 7 January 1997
Border Smog Reduction Act of 1997 - Amends the Clean Air Act to direct Federal departments and agencies to cooperate in State and local enforcement of State auto emission standards and vehicle registration laws concerning noncommercial vehicles entering the United States. Requires the President to deny entry (with exceptions for State-certified vehicles meeting vehicle emissions standards and for entry to obtain such certification) to any such vehicle transporting from a bordering country into a State containing a nonattainment area any individual who is a U.S. citizen, a permanent resident, or who is entering for employment or study purposes and holds a valid visa. Provides for fines and impoundment in cases of violations.
United States · United States Congress · 7 January 1997
Capital Gains Tax Reduction Act of 1997 - Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for both individuals and corporations. Provides for the indexing of assets for determining gain or loss.
United States · United States Congress · 7 January 1997
Working Families Flexibility Act of 1997 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to a collective bargaining agreement with employee representatives, or, where there is no recognized labor organization, pursuant to an agreement with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue. Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.
United States · United States Congress · 7 January 1997
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
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 · 27 September 1996
Amends rule XXVIII of the Rules of the House of Representatives to require the explanatory statement that accompanies each report made by a committee of conference that repeals or amends any statute or part thereof to include: (1) the text of such statute or part; and (2) a comparative print showing, by appropriate typographical devices, the omissions and insertions proposed to be made.
United States · United States Congress · 25 September 1996
TABLE OF CONTENTS: Title I: Financial Services Holding Company Act Subtitle A: General Provisions Subtitle B: Securities Activities of Financial Services Holding Companies Subtitle C: Insurance and Real Estate Development Activities of Financial Services Holding Companies Title II: Conforming Amendments to other Laws for Financial Services Holding Companies Title III: Functional Regulation Amendments to Securities Laws for Financial Services Holding Companies Subtitle A: Broker Dealer Provisions Subtitle B: Investment Company Provisions Title IV: Wholesale Financial Institutions Owned by Financial Services Holding Companies Title V: Merger of Bank and Thrift Charters, Regulators, and Insurance Funds Subtitle A: Conversion of Thrift Charters Subtitle B: Elimination of Office of Thrift Supervision Subtitle C: Merger of BIF and SAIF Title VI: National Market Funded Lending Institutions Title VII: Effective Date Depository Institution Affiliation and Thrift Charter Conversion Act - Includes among the purposes of this Act: (1) establishment of an alternative legislative framework for the creation and regulation of financial services holding companies; (2) elimination of prohibitions on common ownership and affiliation within a financial services holding company; (3) elimination of the thrift charter, and mandatory conversion of thrifts into banks; (4) merger of the bank and thrift insurance funds; and (5) creation of new State and Federal charters for uninsured wholesale financial institutions. Title I: Financial Services Holding Company Act - Financial Services Holding Company Act - Subtitle A: General Provisions - Requires any financial services holding company (FSHC) seeking to acquire control of an insured bank, an insured institution, a bank holding company, or another financial services holding company to comply with certain requirements of the Federal Deposit Insurance Act (FDIA). (Sec. 104) Subjects FSHCs and certain foreign bank operations to the same restrictions on affiliate transactions that are imposed upon Federal Reserve member banks. Authorizes the appropriate Federal regulatory agency (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System Federal Reserve Board, the Board of Directors of the Federal Deposit Insurance Corporation (FDIC), or the Federal Home Loan Bank Board) to adopt rules and regulations to prevent an insured depository institution that is controlled by an FSHC from engaging in unsafe or unsound practices. Authorizes the appropriate Federal banking agency, with the concurrence of the national Financial Services Committee, to exempt any FSHC-controlled depository institution from any Federal Reserve Act requirement. Requires an FSHC-controlled depository institution (except certain foreign-controlled banks) to obtain the authorization of the National Financial Services Committee before entering into certain credit, indemnity, guarantee, or insurance activities on behalf of any affiliate that is neither a financial services institution nor primarily engaged in financial activities. (Sec. 105) Requires that each insured depository institution that is controlled by an FSHC be well capitalized. Requires any FSHC controlling an undercapitalized insured depository institution to: (1) enter into an agreement with the appropriate Federal regulatory agency to return the institution to being well capitalized; or (2) divest control of such bank or institution. Prohibits the appropriate Federal banking agency from imposing any requirements pertaining to the capitalization of an FSHC. (Sec. 106) Subjects interstate acquisitions of an insured bank by an FSHC to the same restrictions as are applicable to bank holding companies under the Bank Holding Company Act of 1956. (Sec. 107) Prohibits Federal and State regulatory agencies from enacting laws that discriminate against FSHCs or their affiliates. Preempts any Federal or State provision inconsistent with the purposes of this Act. (Sec. 108) Subjects FSHCs to the tying provisions of the Bank Holding Company Act Amendments of 1970 and to the insider lending prohibitions of the Federal Reserve Act. Subjects an FSHC and its nonbanking subsidiaries to certain limitations on tie-in arrangements imposed by the Board of Governors of the Federal Reserve Board upon bank holding companies and their nonbanking subsidiaries with respect to extending credit, leasing or selling property, providing any service, or fixing or varying the consideration for any such transaction. (Sec. 109) Sets forth reporting, examination and enforcement guidelines, including guidelines for divestiture and criminal penalties in the event the appropriate Federal banking agency determines that a depository institution has engaged in a continuing course of conduct involving its FSHC which may affect the safety and soundness of such institution. (Sec. 110) Provides for administrative (including divestiture), criminal, and civil penalties for specified violations of this Act, as well as judicial review of adverse administrative orders. (Sec. 114) Establishes a National Financial Services Committee to: (1) establish uniform principles and standards for the examination and supervision of financial services institutions and FSHCs; and (2) to recommend to the Congress uniformity in other supervisory matters, as well as additional measures to strengthen the separation of insured banks and institutions controlled by FSHCs from the activities of their affiliates. Prescribes notice procedure guidelines for determining new financial services institutions and new financial activities. Subtitle B: Securities Activities of Financial Services Holding Companies - Prescribes guidelines under which an FSHC with a securities affiliate may not permit a depository institution under its control to engage in underwriting securities (except those expressly authorized by Federal law as permissible for a national bank). (Sec. 122) Prohibits a depository institution with a securities affiliate, except in certain circumstances, from extending credit to the affiliate (or purchasing its financial assets), to enhance the marketability of securities underwritten by the securities affiliate. Prohibits an FSHC, with certain exceptions, from extending or arranging for the extension of credit secured by or for the purpose of purchasing a security (or making payments on principal) that is the subject of a distribution in which an affiliate of the FSHC participates as underwriter or member of a selling group. Prohibits an FSHC with a securities affiliate, with certain exceptions, from extending credit to an issuer of securities underwritten by such securities affiliate for the purpose of making payments on those securities. Requires the appropriate Federal banking agency to prescribe circumstances under which directors and senior executive officers of a securities affiliate may serve simultaneously as directors or senior executive officers of an affiliated depository institution. Exempts small FSHCs (with total assets under $500 million) and certain foreign affiliates from such regulations. Prescribes public disclosure requirements for securities affiliates and insured depository institutions. Prohibits a securities affiliate from underwriting securities secured by or representing an interest in mortgages or other obligations originated or purchased by an affiliated depository institution, unless one of four specified requirements is met. Proscribes certain reciprocal arrangements between FSHCs. Allocates Federal oversight responsibilities among the Securities and Exchange Commission (SEC) and the appropriate Federal banking agencies. Prescribes circumstances in which a branch, agency, or commercial lending company that is operated by a foreign bank that is a financial services holding company is not subject to specified limitations placed upon securities activities of depository institutions with securities affiliates. Exempts a wholesale financial institution and transactions between it and its securities affiliates, from the requirements of this section, except those providing for additional safeguards and certain compliance programs. Applies this same exemption to a national market lending institution controlled by an FSHC. States that Federal prescriptions governing the FSHCs are subject to the approval of the National Financial Services Committee (NFSC). (Sec. 123) States that the NFSC shall prescribe standards applicable to any FSHC affiliated-depository institution that is not an SEC-registered broker, but effects retail securities transactions. Outlines the scope of such standards. Subtitle C: Insurance and Real Estate Development Activities of Financial Services Holding Companies - Prohibits FSHC-affiliated depository institutions from directly engaging in insurance underwriting, or real estate investment or development. (Sec. 132) Prohibits FSHC entry into new insurance agency activities, unless they are conducted through an existing insurance agency acquired by the FSHC (or through any successor agency) which was actively engaged in insurance activities during the two years before acquisition. Title II: Conforming Amendments to Other Laws for Financial Services Holding Companies - Makes conforming amendments to affected banking laws to exclude FSHCs from their purview, including: (1) the Bank Holding Company Act of 1956; (2) the Banking Act of 1933; (3) the Federal Deposit Insurance Act; (4) the Federal Power Act; and (5) the International Banking Act. Title III: Functional Regulation Amendments to Securities Laws for Financial Services Holding Companies - Subtitle A: Broker Dealer Provisions - Amends the Securities Exchange Act of 1934 to define specified banks as "brokers" and "dealers" (current law excludes banks from such definition). (Sec. 303) Authorizes the SEC to exempt any person from the definition of "broker" or "dealer" consistent with the public interest and the purposes of this Act. (Sec. 304) Exempts loans made by a member bank (or any other person that has entered into a certain kind of agreement with the Federal Reserve Board) to a broker or dealer from Board-prescribed margin requirements if the loan proceeds are to be used in the ordinary course of business (other than for the purpose of funding securities purchases for the account of such broker or dealer). Subtitle B: Investment Company Provisions - Amends the Investment Company Act of 1940 to permit: (1) custody of investment company assets by an affiliated bank (or an affiliated person of such bank); and (2) a unit investment trust to designate an affiliated bank as trustee (currently a prohibited practice). (Sec. 311) Permits the SEC to bring a civil action for breach of fiduciary duty involving personal misconduct against an FSHC- affiliated custodian of a registered investment company. (Sec. 312) States that an affiliate of an investment company for a bank must comply with SEC rules when lending money to an investment company. (Sec. 313) Modifies the definition of "interested person" with respect to an investment company to include any FSHC-affiliated person that, during the preceding six months, has executed one or more transactions of a specified kind. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of any one FSHC-affiliated bank, or of any single FSHC (and its affiliates and subsidiaries). (Sec. 314) Modifies the guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 315) Modifies the definition of "broker" to state that it does not include any person solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 316) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 317) Amends the Investment Advisers Act of 1940 to modify the definitions of investment adviser to remove the exclusion from such definition of an investment adviser for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 320) Mandates interagency consultation between the appropriate Federal banking agency and the SEC regarding examination results and other information pertaining to the investment advisory activities of any registered bank holding company and its departments or divisions. (Sec. 321) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. (Sec. 322) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another fiduciary who is not an affiliate of such adviser. Title IV: Wholesale Financial Institutions Owned by Financial Services Holding Companies - Amends: (1) the Revised Statutes of the United States to prescribe procedural guidelines on obtaining a Federal charter from the Comptroller of the Currency to organize as a national wholesale financial institution; and (2) the Federal Reserve Act to prescribe procedural guidelines for membership in the Federal Reserve System as a national wholesale financial institution. (Sec. 403) Amends the FDIA to prescribe a procedure by which an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a wholesale financial institution in order to accept any deposits. Title V: Merger of Bank and Thrift Charters, Regulators, and Insurance Funds - Subtitle A: Conversion of Thrift Charters - Thrift Charter Conversion Act of 1996 - Prescribes procedural guidelines for the termination of Federal savings association charters and their conversion into national bank charters or State depository institution charters. Prohibits the Director of the Office of Thrift Supervision from granting any charter for a Federal savings association. Amends the Federal Deposit Insurance Act (FDIA) to treat State Savings Associations as banks for purposes of Federal banking law. Includes as State banks any cooperative bank or other unincorporated bank whose deposits were insured by the FDIC on the day before enactment of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 but excludes from State bank treatment any such banks whose deposits were not FDIC-insured before such date. (Sec. 502) Requires the FDIC to review State supervision of depository institutions in order to ensure that State savings associations are regulated as rigorously as State banks. (Sec. 503) Amends the Bank Holding Company Act of 1956 (BHCA) to permit continuation of grandfathered bank holding company activities and affiliations. Prohibits certain insured depository institutions from identifying themselves as national banks, but shields them from any liability for fraudulent misrepresentation for not representing themselves as a national bank. (Sec. 504) Sets forth transition provisions for: (1) activities of savings associations and mutual savings associations which have converted into or become treated as banks; and (2) registration of bank holding companies resulting from conversions of savings associations to banks, or treatment of savings associations as banks. Places qualified bank holding companies under the regulatory jurisdiction of the Board of Governors of the Federal Reserve System (the Board). (Sec. 506) Amends the National Bank Act to prescribe procedural guidelines under which the Comptroller of the Currency is authorized to charter national mutual or State mutual banks. Amends the BHCA to prescribe procedural guidelines under which a national mutual bank may reorganize to become a holding company. Cites permissible activities. Provides for the conversion of mutual savings associations to mutual national banks by operation of law. Transfers regulatory jurisdiction over a mutual holding company to the Board. Subjects a Federal mutual holding company in existence on the date of enactment of this Act to certain BHCA provisions. (Sec. 509) Repeals the Home Owners' Loan Act. Subtitle B: Elimination of Office of the Thrift Supervision - Abolishes the Office of Thrift Supervision and the position of Director of such Office. Transfers its functions, personnel, and property to the Office of the Comptroller of the Currency, the FDIC, or the Board. Sets forth the rights of such transferred personnel. (Sec. 514) Requires that any cost of funds index based upon certain characteristics of Federal home loan banks be calculated using data only from insured depository institutions which were bank members and whose data was previously included in such index. Subtitle C: Merger of BIF and SAIF - Amends the Economic Growth and Regulatory Paperwork Reduction Act of 1996 to advance the effective date for the merger of the Bank Insurance Fund and the Savings Association Insurance Fund from January 1, 1999, to January 1, 1997. Title VI: National Market Funding Lending Institutions - Amends the Revised Statutes to prescribe guidelines under which a company (or five or more natural persons) may petition the Comptroller of the Currency for permission to organize a federally chartered national market funded lending institution. (Sec. 601) Prescribes requirements for such institution. Vests exclusive oversight authority for it in the Comptroller (including examination, enforcement, charter revocation and appointment of a conservator). Provides for conversions of depository institutions into national market funded lending institutions upon approval of the Comptroller. Title VII: Effective Date - Declares the effective date for this Act is January 1, 1997.
United States · United States Congress · 19 September 1996
California Bay-Delta Environmental Enhancement and Water Security Act - Authorizes appropriations for FY 1998 through 2000 for the initial Federal share of the cost of developing and implementing: (1) a specified portion of an ecosystem protection plan for the San Francisco Bay Sacramento-San Joaquin Delta Watershed (Bay-Delta) in California; and (2) the ecosystem restoration elements of the long-term California-Federal Bay-Delta Program. Requires such appropriated funds to be administered in accordance with procedures established by such Program until the Congress authorizes an entity recommended by the Program to carry out this Act. Requires funds authorized to be appropriated to agencies that are currently or that subsequently become Program participants to be in addition to the baseline funding levels established in this Act for currently authorized projects and programs under the Central Valley Project Improvement Act and other currently authorized Federal programs for the purpose of Bay-Delta ecosystem protection and restoration. Authorizes agencies and departments that are or that become participants in the Program to undertake the activities and programs for which Federal cost sharing is provided by this Act. Requires the United States to immediately initiate coordinated consultations and negotiations with California to expeditiously execute a specified cost-sharing agreement signed by its Governor on July 11, 1996. Directs the Office of Management and Budget to submit to the House and Senate Committees on Appropriations, as part of the President's FY 1998 Budget, an interagency budget crosscut that displays Federal spending for FY 1993 through 1998 on ecosystem restoration and other purposes in the Bay-Delta Region, separately showing funding provided previously or requested under pre-existing authorities and new authorities granted by this Act.
United States · United States Congress · 18 September 1996
Wildfire Suppression Aircraft Transfer Act of 1996 - Authorizes the Secretary of Defense to sell excess Department of Defense aircraft and aircraft parts, which are acceptable for commercial sale, to persons or entities that contract with the Government for the delivery of fire retardant by air in order to suppress wildfire, as long as the aircraft and parts are used only for airtanker services for wildfire suppression. Authorizes the Secretary to sell such equipment only if the Secretary of Agriculture certifies that the purchasing person or entity is capable of meeting the terms and conditions of a contract to deliver fire retardant by air.
United States · United States Congress · 12 September 1996
Illegal Alien Education Impact Aid Act of 1996 - Directs the Secretary of Education to reimburse States for costs of educating certain illegal alien students. Authorizes appropriations.
United States · United States Congress · 11 September 1996
California Environmental Enhancement and Water Security Act - Authorizes appropriations for FY 1998 through 2000 for the Federal share of the cost of implementing the program described in the document entitled "Principle for Agreement on Bay-Delta Standards Between the State of California and the Federal Government," dated December 15, 1994. Makes this Act effective on the date of passage of 1996 California State proposition 204.
United States · United States Congress · 5 September 1996
Preempts any State or local law, ordinance, regulation, or order precluding a tip credit or requiring a tip credit less than the tip credit that is permitted under the Fair Labor Standards Act of 1938 relating to the accounting of tips in determining the wage of tipped employees.
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 · 17 July 1996
Transportation Empowerment Act - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations out of the Highway Trust Fund (HTF) for the interstate maintenance program, the bridge program, the Federal lands highways program, public lands highways, and parkways and park roads through FY 2001. Repeals all funding for the surface transportation program, the congestion mitigation and air quality improvement program, and Federal Highway Administration highway safety (including research and development) programs. Amends the Internal Revenue Code (IRC) to: (1) extend until October 1, 2001, the availability of HTF funds for authorized expenditures; (2) set a core programs financing rate for gasoline, special motor fuels, and diesel fuel; (3) establish in HTF an Infrastructure Special Assistance Fund; and (4) provide for the return of excess tax receipts to States for transportation purposes. Terminates transfers to the HTF's Mass Transit Account on and after October 1, 1997. (Sec. 6) Grants congressional consent to States to enter into interstate compacts to: (1) promote the continuity, quality, and safety of the Interstate System; (2) develop programs to promote and fund safety initiatives and establish safety standards; (3) conduct long-term planning for transportation infrastructure in, and develop transportation infrastructure design and construction standards to be used by, participating States; and (4) establish transportation infrastructure banks. Sets forth provisions regarding financing and establishment of infrastructure banks. (Sec. 7) Requires the head of each executive agency to: (1) assist State and local governments in efforts to privatize the transportation infrastructure assets of the State and local governments; and (2) approve requests from State and local governments to privatize transportation infrastructure assets and waive or modify any grant condition, subject to specified requirements. Sets forth provisions regarding criteria for approval of requests, lack of obligation to repay Federal grant funds, use of proceeds from the privatization of a transportation infrastructure asset, and cost recovery. (Sec. 8) Amends the IRC to reduce taxes on gasoline, diesel fuel, and special fuels funding HTF. (Sec. 9) Directs the Secretary to report to the Congress describing technical and conforming amendments and other laws that are appropriate in light of this Act.
United States · United States Congress · 16 July 1996
Amends rule XI of the Rules of the House of Representatives to require the following information to be made available electronically on the Internet: (1) reports filed by committees, including the Committee on Rules; (2) committee approved measures; (3) committee rules; (4) committee roll call votes otherwise made available for public inspection; (5) copies of a committee authorizations for payment or reimbursement of travel expenses to be incurred by its members or staff; (6) committee amendments offered by committee members to measures under consideration; (7) any committee print or chairman's mark that is generally made available to members of the committee; (8) committee oversight plans submitted to the Committee on Government Reform and Oversight and to the Committee on House Oversight; and (9) up-to-date directories of committee membership and staff, schedules and notices of committee activities, and any advance written statements submitted to a committee of proposed testimony unless it is to be presented in executive session, and transcripts of committee meetings or hearings within five calendar days. Provides an exception for the Committee on Standards of Official Conduct and the Permanent Select Committee on Intelligence. Requires the Clerk of the House of Representatives to: (1) establish a central electronic data base of official documents to which committees may have access; (2) establish universal data elements respecting such official documents; and (3) implement standards established by the Committee on House Oversight with respect to the content of such data bases. Directs the Committee to establish standards to provide guidance to the Clerk and committees respecting electronic data bases which may be accessed by committees to effectuate the electronic document reform necessary to enable committees to carry out amendments to the Rules of the House pursuant to this Act. Encourages the Committee to develop such standards in consultation with the Senate so that identical standards can be implemented in both Chambers.
United States · United States Congress · 16 July 1996
Amends the Rules of the House of Representatives to require each standing committee (other than the Appropriations and Budget Committees) to either establish oversight committees or designate at least three staff members to be solely responsible for oversight. Directs the Committee on House Oversight to: (1) modify its committee funding policies to allow committees to use General Accounting Office and executive branch detailees; and (2) develop an electronic program such that Members may track and categorize their casework requests and report their findings to a central House unit. Expresses the sense of the House that: (1) the Oversight Committee should provide committees with sufficient investigative resources; (2) the General Counsel should provide more timely, proactive, and strategic advice to committees respecting the issuance of subpoenas and the lack of compliance by officials; and (3) committees should better utilize the Corrections Day process. (Sec. 2) Directs the Committee to make resources available to the Chief Administrative Officer to perform management and technology audits of committees. (Sec. 3) Directs the Parliamentarian to: (1) establish a comprehensive program to train selected committee staff to serve as parliamentary advisors; and (2) commence to recodify the Rules at the beginning of the 105th Congress. (Sec. 5) Allows Members to participate in committee hearings through audiovisual contact under specified circumstances. Authorizes each committee to not apply the five-minute rule in the interrogation of witnesses in a hearing to the extent that the rules of that committee so permit. Expresses the sense of the House encouraging committees to utilize alternative hearing formats. (Sec. 6) Provides that no point of order shall lie against any committee report for failing to comply with certain voting requirements on reporting measures if the report is in substantial compliance. Repeals a requirement regarding inflationary impact statements. Directs that specified reports contain a statement of performance goals. Provides that if two or more committees jointly study or investigate any matter, such committees may file a joint report. (Sec. 7) Limits the Committee on Government Reform and Oversight to six, and the Committee on Transportation and Infrastructure to five, subcommittees. Repeals: (1) an exception for the Appropriations Committee from the requirement that whenever any entity is to be granted authorization for the payment of its expenses, such authorization initially shall be procured by one primary expense resolution reported by the Oversight Committee; and (2) a limitation on committees' sittings during the five-minute rule. Expresses the sense of the House that the respective party caucus and conference should enforce subcommittee assignment limits. (Sec. 8) Requires the Committee on Standards of Official Conduct to determine whether any complaint against a Member, officer, or employee of the House is properly filed and, if so, whether a preliminary investigation is warranted. Sets forth: (1) further requirements regarding preliminary investigations and limits on participation on the Committee or an investigative panel; and (2) provisions regarding the handling of frivolous complaints.
United States · United States Congress · 11 July 1996
National Small Business Regulatory Relief Act of 1996 - Amends the Small Business Act to establish a Small Business Regulatory Relief Council. Directs the Environmental Protection Agency, Internal Revenue Service, and Occupational Safety and Health Administration (participating agencies) to submit to the Council a five-year plan for the establishment and maintenance of a partnership with small business development centers (SBDCs) for a system of voluntary regulatory compliance (compliance). Outlines plan contents and requires such participating agencies to ensure the nonduplication of efforts in such regard. Requires the Council: (1) within 30 days after a participating agency submits a plan, to approve or modify such plan; (2) to establish guidelines for the implementation of each plan; and (3) to report annually to the President and the congressional small business committees on the types of assistance provided by SBDCs to small businesses participating in the system of compliance, as well as outreach efforts to inform small businesses of such opportunity. Requires each SBDC to: (1) submit annually to the Council a work plan for SBDCs to carry out the system of compliance; (2) report semiannually to the Council on assistance provided to small businesses by SBDCs under this Act; and (3) report annually to the Council on recommendations for improving the regulation of small businesses. Directs the Council to: (1) evaluate annually the system of compliance; (2) determine whether SBDCs are performing in accordance with their compliance work plans; and (3) provide for an independent evaluation of such system after three years of operation. Requires the participating agencies to set aside specified percentages of their annual funding for FY 1997 through 2001 for compliance assistance under this Act. Provides for the deposit of such funds into the National Regulatory Relief Fund, and for appropriate Fund distributions.
United States · United States Congress · 27 June 1996
Crime Does Not Pay Act - Amends the Housing and Community Development Act of 1974 to prohibit community development block grants to a State or locality that permits recovery of damages for an injury suffered by a person committing a felony.
United States · United States Congress · 10 June 1996
Amends the Internal Revenue Code to exempt from tax certain State organizations or funds providing coverage for losses on property arising from earthquakes.
United States · United States Congress · 23 May 1996
NAFTA Infrastructure Responsibility Act of 1996 - Authorizes the Secretary of Transportation to make grants to Mexican border States and local governments for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); and (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Authorizes appropriations. Amends the National Highway System Designation Act of 1995 to authorize appropriations to be used to enter agreements with Mexican border States that have established infrastructure banks to make available to them lines of credit for projects to construct Federal-aid highways which will support traffic resulting from NAFTA.
United States · United States Congress · 15 May 1996
TABLE OF CONTENTS: Title I: Patent and Trademark Office Government Corporation Subtitle A: United States Patent and Trademark Office Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Early Publication of Patent Applications Title III: Prior Domestic Commercial Use Title IV: Inventor Protection Title V: Patent Reexamination Reform Title VI: Miscellaneous Patent Provisions Inventor Rights Protection and Patent Reform Act of 1996 - Title I: Patent and Trademark Office Government Corporation - Patent and Trademark Office Government Corporation Act of 1996 - Subtitle A: United States Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation under the policy guidance of the Secretary of Commerce, except as otherwise provided in this title. Requires the Office to maintain an office in the District of Columbia metropolitan area. Makes the Office responsible, with the concurrence of the Secretary of State, for authorizing the transfer of not to exceed $100,000 in any year to the State Department to make special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters. Authorizes the Office to retain and use all of its revenues and receipts, subject to the Omnibus Budget and Reconciliation Act of 1980. (Sec. 113) Vests management of the Office in the Commissioner of Patents and Trademarks who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, except for provisions governing: (1) employment of relatives (restrictions); (2) withholding pay; (3) employment limitations; and (4) labor-management relations (under specified conditions). (Sec. 114) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 115) Repeals provisions subjecting the Commissioner's performance (including regulations governing agents and Attorneys representing the Office) to the direction or approval of the Secretary of Commerce. (Sec. 116) Revises the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 117) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate attorneys who are officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit and congressional reporting requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this title. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. (Sec. 132) Makes technical and conforming amendments. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for their duration for necessary expenses in connection with such actions. Title II: Early Publication of Patent Applications - Patent Application Publication Act of 1996 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner. Prohibits, upon request by certain independent inventors at the time of filing, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance or pre-grant opposition that did not exist before its adoption. (Sec. 203) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 204) Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application or, in the case of an international application designating the United States, the date of its international publication until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice of the published patent application and, where the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, a translation of such application into the English language. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is substantially identical to that claimed in the published application. Makes the right to obtain a reasonable royalty available only in an action brought within six years after the patent is issued. Specifies the commencement date of the period for obtaining a royalty based upon the publication under the treaty of an international application designating the United States. (Sec. 205) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Prohibits the issuance of a patent if an international application designating the United States was published under the Patent Cooperation Treaty of 1970 in the English language by another before the invention by the patent applicant. (Sec. 206) Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. (Sec. 208) Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits to ten years the total duration of extensions which result from administrative or judicial review, an unusual administrative delay by PTO, or from both instances. Reduces the extension period equal to the time in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer. (Sec. 209) Requires the Commissioner to prescribe regulations to provide for the further limited reexamination of a patent application. Allows the Commissioner to establish appropriate fees for such activity and to provide a 50 percent reduction on the fees for small qualified entities. Title III: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1996 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially use the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications, including that the defense asserted is not a general license under all claims of the patent at issue, but extends only to the subject matter claimed in the patent, and that a person may not assert such a defense unless the subject matter on which the defense is based had been commercially used or reduced to practice more than one year prior to the effective date of the filing of the patent by the person asserting the defense. Specifies other limitations regarding: (1) the burden of proof (on the person asserting the defense); (2) abandonment of use; (3) who may assert the defense (it is a personal defense); (4) unsuccessful assertion of the defense (directs the court to find the case exceptional for purposes of awarding attorney's fees); and (5) invalidity of a patent (a patent shall not be deemed invalid solely because a defense is established under this title). Title IV: Inventor Protection - Inventor Protection Act of 1996 - Requires that every contract for invention development services be in writing and that a copy of the signed written contract be given to the customer at the time the customer enters into the contract. Directs the invention developer to: (1) state in the contract whether the usual business practice is either to seek more than one contract in connection with an invention or to seek to perform services in one or more phases; and (2) supply to the customer a copy of the written document including the usual business terms of contracts and the approximate amount of the usual fees for services provided. Allows a customer to terminate the contract by sending a written letter to the invention developer stating the individual's intent to cancel. (Requires the letter to be deposited with the U.S. Postal Service on or before five business days after the execution date of the contract, whichever is later.) Calls for the invention developer or a third party representing the invention developer to deem delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind as payment on the date received. Prescribes language and information that must be included in a cover notice on every such contract. Requires the developer to deliver at quarterly intervals a written report for every contract which shall include: (1) a description of the services performed and those yet to be performed; and (2) the name and address of each entity to whom the subject matter has been disclosed. Mandates that each contract include: (1) the terms and conditions of payment and contract termination rights; (2) a statement that the customer may avoid entering into the contract by not making a payment to the developer; (3) a concise description of the specific acts or services the developer undertakes; (4) a statement as to whether the developer undertakes to construct, sell, or distribute one or more prototypes, models, or devices embodying the invention; (5) the name and place of business of the developer and any entity that may perform any of the services; (6) a statement of the developer's representation of estimated or projected customer earnings and the data upon which such representation is based; (7) the name and address of the custodian of all records and correspondence relating to the contract; and (8) a statement setting forth a schedule for performance of services. Renders any such contract voidable if it: (1) does not comply with applicable provisions; (2) is entered into in reliance upon any material false, fraudulent, or misleading information, representation, notice, or advertisement; (3) is made by an unenrolled invention developer; or (4) provides for any act involved in filing for and obtaining utility, design, or plant patent protection unless the developer offers to perform or performs such act through a registered patent attorney or agent. Deems any waiver by the customer of any provision of this chapter contrary to public policy, void, and unenforceable. Permits any customer who is injured by a developer's violation of this chapter or by any false or fraudulent statement, representation, or omission of material fact by a developer to recover in a civil action against the developer, in addition to reasonable costs and attorney's fees, the greater of $5,000 or the amount of actual damages sustained to the customer. Makes an act by invention developers who knowingly provide any false or misleading statement, representation, or omission of material fact to a customer or who fail to make all the disclosures required under this chapter a misdemeanor subject to a $10,000 fine for each offense. Title V: Patent Reexamination Reform - Patent Reexamination Reform Act of 1996 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any PTO action on the merits of reexamination. Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published. Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. (Sec. 602) Grants, under specified conditions, benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country. Grants applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall have the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States.
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 · 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.
![Official portrait of Rep. Dreier, David [R-CA-26]](https://www.congress.gov/img/member/d000492_200.jpg)