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United States · Official source
899 records where Rep. Fowler, Tillie [R-FL-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 21 January 1997
Constitutional Amendment - Prohibits a person from serving more than four consecutive terms as Representative or two consecutive terms as Senator, not counting any term that began before the adoption of this article of amendment.
United States · United States Congress · 9 January 1997
Marine Resources Revitalization Act of 1997 - Amends the National Sea Grant College Program Act to add or modify various definitions. Modifies the duties of the Program's Director. Sets forth the duties of sea grant institutions (defined as sea grant colleges, sea grant regional consortia, and certain types of entities conducting a sea grant program with amounts under the Act), including merit-reviewing grant and contract applications. Repeals provisions relating to the sea grant international program. Revises requirements for designating sea grant colleges and consortia. Repeals provisions mandating postdoctoral fellowships. Authorizes appropriations for grants, contracts, and fellowships. Removes the separate authorization of appropriations for administration, limiting administration expenditures to a percentage of funds appropriated for grants, contracts, and fellowships. Repeals provisions authorizing appropriations for priority oyster disease research. Modifies the maximum pay for the Program's Director and for voting members of the sea grant review panel.
United States · United States Congress · 9 January 1997
Constitutional Amendment - Requires the election of Representatives in Congress every four years on the same day as the presidential election. Limits Representatives to three terms and Senators to two. Deems Representatives who have served two years of a term and Senators who have served three to have served a full term.
United States · United States Congress · 9 January 1997
Constitutional Amendment - States that no person born in the United States shall be a U.S. citizen unless a parent is a U.S. citizen, is lawfully in the United States, or has lawful immigration status at the time of the birth.
United States · United States Congress · 7 January 1997
Community Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification of such status from State and local laws prohibiting the carrying of a concealed handgun.
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
Prohibits the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in such Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.
United States · United States Congress · 7 January 1997
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.
United States · United States Congress · 7 January 1997
Repeals the National Voter Registration Act of 1993.
United States · United States Congress · 7 January 1997
Small Business Regulatory Assistance Act of 1997 - Amends the Small Business Act to require each participating Federal agency (the Environmental Protection Agency, the Internal Revenue Service, and the Department of Labor), the Office of Small Business Development Centers (Office) of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Requires each participating agency to ensure the nonduplication of compliance assistance efforts. Requires the Office, with the agreement of the association, to develop and publish guidelines for the establishment by SBDCs or by consortia of SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses. Requires annual reports from the Office to the President and the congressional small business committees concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs and consortia, and recommendations for improvements in the regulation of small businesses participating in the system. Requires the Office to provide for an independent third-party evaluation of the system, to be submitted to the President and the small business committees. Provides funding to assist the Office and participating agencies in fostering, promoting, developing, and carrying out the system, including funds for the implementation and administration of worker safety and health compliance assistance plans and regulatory compliance assistance plans for fiscal years 1999 through 2003. Provides funds to each participating SBDC under a population-based funding formula. Exempts such funds from matching requirements. Prohibits the Office from providing any funds to an SBDC or consortia after September 30, 2000, unless such SBDC or consortia has been approved for funding under a certification requirement.
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 · 7 January 1997
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 7 January 1997
Military Retirement Equity Act of 1997 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 7 January 1997
Directs the Secretary of the military department concerned to ensure that any person who first becomes a member of the armed forces on or after the date of enactment of this Act is provided a written statement of all the benefits that will be provided to such person upon retirement from the armed forces. Prohibits any such statement from including a reservation of the right to change any such benefit. Requires any such person who subsequently retires from the armed forces to receive the benefits as described in the original statement.
United States · United States Congress · 7 January 1997
Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.
United States · United States Congress · 7 January 1997
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
United States · United States Congress · 7 January 1997
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 7 January 1997
Employee Educational Assistance Act of 1997 - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) six times to the House ineligible for election to the House. Bars any person who has served as a: (1) Senator for more than three years of a term to which some other person was elected from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than one year from being subsequently eligible for election to the House more than five times. Excludes election or service occurring before this article becomes operative when determining eligibility.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 26 September 1996
Waives for contract periods beginning on July 1, 1996, and ending on June 30, 1998, with respect to facilities of HealthCare USA, Inc. and Ultramedix Health Care Systems Inc. operating in Florida, the requirement under the Social Security Act that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of a participating health maintenance organization. Waives the enrollment composition rule (the requirement under the Social Security Act that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of a participating health maintenance organization) for certain health maintenance organizations for contract periods beginning on July 1, 1996, and ending on June 30, 1998.
United States · United States Congress · 24 September 1996
Drug-Induced Rape Prevention and Punishment Act of 1996 - Amends the Controlled Substances Act (CSA) to impose penalties of a fine and up to 15 years' imprisonment (20 years' imprisonment if the victim is age 14 or under) for possession of a mixture or substance (mixture) containing a detectable amount of a controlled substance, with intent to administer such mixture to another person to facilitate a crime of violence (including a sexual assault) against that person. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam; and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs: (1) the United States Sentencing Commission to amend the sentencing guidelines for offenses involving flunitrazepam and to ensure that such guidelines reflect the serious nature of such offenses; and (2) the Administrator of the Drug Enforcement Administration to conduct a study on the appropriateness of rescheduling flunitrazepam as a Schedule I controlled substance. Sets forth reporting requirements. Authorizes the Attorney General to create educational materials regarding the use of controlled substances in the furtherance of rapes and sexual assaults for dissemination to police departments throughout the United States.
United States · United States Congress · 24 September 1996
Boat Protection Act of 1996 - Sets forth copyright provisions regarding the protection of vessel hull designs. Defines: (1) "plug" as a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; (2) "mold" as a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information; and (3) "commercially exploit" for purposes of this Act as the sale or offer for sale of a plug or mold after it is fixed in a vessel hull or otherwise distributed to the public for profit vessel hulls. Extends protection to an original plug or mold fixed in a vessel hull, if: (1) the owner of the plug or mold is a national or domiciliary of the United States or of a foreign nation which is party to a protection treaty to which the United States is also a party on the date on which the plug or mold is first commercially exploited; (2) the plug or mold is first commercially exploited in the United States; or (3) the plug or mold comes within the scope of a presidential proclamation extending reciprocal protection to the works of foreign nationals, domiciliaries, or sovereign authorities. Vests exclusive rights in such plugs or molds in the owner who may transfer (in whole or in part) or bequeath such interest. Recognizes the first registered transfer in case of a conflict. Sets the protection term for plugs or molds at ten years from the date of first commercial exploitation. Grants the owner of a plug or mold the exclusive rights to: (1) reproduce the plug or mold; (2) import or distribute a vessel hull in which it is embodied; and (3) cause another to perform such acts. Provides that it is not an infringement of the owner's exclusive rights: (1) to reproduce a plug or mold for purposes of teaching, analyzing, or evaluating concepts, techniques, design, or organization of components in it; or (2) to sell or otherwise dispose of a vessel hull lawfully made under this Act (without the authority of the owner of the plug or mold). Limits the liability of an innocent purchaser of an infringing vessel hull. Permits the owner of a plug or mold to place on it a specified notice of protection, which is not a condition of protection but shall constitute prima facie evidence of notice of protection. Entitles the owner of a plug or mold whose protection has been infringed to institute a civil action. Authorizes the award of attorney's fees to a prevailing party. Directs the Secretary of the Treasury and the U.S. Postal Service to issue regulations for the enforcement of the right to import a vessel hull in which the plug or mold is embodied. Permits the impoundment and seizure of vessel hulls imported in violation of the owner's exclusive rights. Sets forth remedies for infringement, including temporary and permanent injunctive relief, actual damages, the award of an infringer's profits to the owner, impoundment orders, and the award of statutory damages instead of actual damages or profits in an amount not to exceed $250,000, under specified conditions. Authorizes appropriations.
United States · United States Congress · 24 September 1996
Directs the Architect of the Capitol to: (1) restore the Portrait Monument (a statue of Lucretia Mott, Elizabeth Cady Stanton, and Susan B. Anthony) and place it in the Rotunda of the Capitol for one year at which time it, along with an appropriate educational display, shall be moved to a permanent site and an alternative statue shall be placed in the Rotunda; and (2) make all necessary arrangements for a rededication ceremony of the Monument in the Rotunda in conjunction with the Woman Suffrage Statue Campaign. Establishes a commission to: (1) select the permanent site; (2) plan and develop the educational display that described some of the most dramatic events of the suffragettes' lives; and (3) select the alternative statue to commemorate the struggle of women in America for equal rights. Prohibits use of Federal funds to pay any expense of the educational display or of restoring, moving, or relocating the Monument.
United States · United States Congress · 2 August 1996
Congressional Pension Forfeiture Act of 1996 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of a felony committed while a Member during the 105th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employee's Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
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 · 2 August 1996
Provides for mandatory drug testing of Members of the House of Representatives. Makes House accounts available for payment of program expenses. Requires the Clerk of the House to contract with a private, nongovernmental entity for such testing services. Requires random testing of ten percent of the Members each month. Requires test results to be: (1) provided to each Member involved and to the Committee on Standards of Official Conduct for appropriate action; and (2) included in a biennial report of the Clerk and printed as a House document.
United States · United States Congress · 1 August 1996
HIV Prevention Act of 1996 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State; (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results; (4) subjection to mandatory HIV testing of prospective patients who are to undergo an invasive medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; and (5) notification of individuals who are to undergo an invasive medical procedure by any health professional who is to perform such procedure and knows that he or she has HIV disease. Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease who perform invasive medical procedures on patients, the medical profession should develop guidelines to assist them in complying with the requirements of this Act; (2) the States should have in effect laws providing that, in the case of individuals who know they have HIV disease, it is a felony to engage in any behaviors that the individual knows will place others at risk of infection with the disease, regardless of whether the behaviors actually transmit such infection; and (3) strict confidentiality should be maintained in carrying out the requirements added by this Act.
United States · United States Congress · 25 July 1996
Drug-Induced Rape Act of 1996 - Amends the Controlled Substances Act (CSA) to prescribe penalties of 20 years' imprisonment and a fine of up to $2 million for an individual or $10 million otherwise for distributing a controlled substance to a person without that person's knowledge with intent to rape such person. Prohibits the court from placing on probation or suspending the sentence of anyone sentenced under such provision. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam; and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs the United States Sentencing Commission to amend the Sentencing Guidelines so that one dosage unit of flunitrazepam shall be equivalent to one gram of marihuana for determining the offense level under the Drug Quantity Table.
United States · United States Congress · 18 July 1996
Urges the national broadcast television networks to renew their commitment to voluntarily reserving the first hour of prime-time broadcasting for programming suitable for American family members of all ages.
United States · United States Congress · 10 July 1996
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1998 through 2002 for: (1) the National Highway System (NHS); (2) the Surface Transportation Program (STP); and (3) the Federal Lands Highway Program (FLHP), including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 6) Modifies the definition of: (1) "Federal-aid system" to mean the NHS; and (2) NHS to mean the Federal-aid highway system established pursuant to Federal highway provisions. Defines: (1) "highest priority corridor" to mean (with exceptions) any NHS corridor that the Secretary determines has national and international significance, that directly accounts for at least 35 percent of the truck-borne traffic for Canadian and Mexican imports and exports, that has at least 20 percent truck traffic, that directly benefits impoverished areas, that provides multiple intermodal connections, and that connects to military bases; and (2) "highway funds" to mean the funds apportioned to a State for a fiscal year and the funds allocated to a State for the preceding fiscal year for Federal-aid highway and highway safety construction (other than funds made available for the FLHP and for emergency relief). Modifies provisions regarding Federal-aid systems and the formula for apportionments of NHS funds. (Sec. 7) 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. 8) Modifies STP provisions regarding the location of projects and allocations of apportioned funds. Authorizes a State, in nonattainment areas for ozone or carbon monoxide, or for PM-10 resulting from transportation activities, or any combination thereof, to obligate STP funds for any congestion mitigation and air quality improvement project or program without regard to any Department of Transportation limitation relating to the type of ambient air quality standard such project or program addresses. (Sec. 9) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent decennial census for which data are available. (Sec. 10) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 12) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program to provide that the Secretary shall allocate among the States amounts sufficient to ensure that the ratio of the highway funds of the State to those of all States for the fiscal year is not less than certain listed percentages for the State. Repeals existing apportionment adjustment programs.
United States · United States Congress · 25 June 1996
Designates the United States courthouse located at 611 North Florida Avenue in Tampa, Florida, as the Sam M. Gibbons United States Courthouse.
United States · United States Congress · 19 June 1996
War Crimes Act of 1996 - Amends the Federal criminal code to provide that anyone, whether inside or outside the United States, who commits a grave breach of the Geneva conventions, where the person who commits such breach or the victim of such breach is a member of the U.S. armed forces or a U.S. national, shall be fined or imprisoned for life or any term of years, or both, or, if death results to the victim, be subject to the death penalty.
United States · United States Congress · 6 June 1996
TABLE OF CONTENTS: Title I: Repeal of the Public Utility Holding Company Act of 1935 Title II: Enactment of the Public Utility Holding Company Act of 1996 Title III: Conforming Changes to Other Statutes Public Utility Holding Company Act of 1996 - Title I: Repeal of the Public Utility Holding Act of 1935 - Repeals the Public Utility Holding Company Act of 1935 (PUHCA). Title II: Enactment of the Public Utility Holding Company Act of 1996 - Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers. Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company. Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates). Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act. Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC. Title III: Conforming Changes to Other Statutes - Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 5 June 1996
Worker Right to Know Act - Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes. Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction. Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. Directs the National Labor Relations Board to prescribe the size and form of such notice. Provides, under NLRA, that employees subject to union security agreements who pay dues and fees for the required limited purposes shall have the same right as any union member to participate in union affairs related to such purposes (collective bargaining, contract administration, or grievance adjustment). Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to prescribe related regulations.
United States · United States Congress · 15 May 1996
TABLE OF CONTENTS: Title I: Eligibility for Services; Distribution of Payments Title II: Locate and Case Tracking Title III: Streamlining and Uniformity of Procedures Title IV: Paternity Establishment Title V: Program Administration and Funding Title VI: Establishment and Modification of Support Orders Title VII: Enforcement of Support Orders Title VIII: Medical Support Title IX: Enhancing Responsibility and Opportunity for Non- Residential Parents Title X: Effective Dates and Conforming Amendments Child Support Improvement Act of 1996 - Title I: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 102) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 103) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification to services applicants or recipients of all proceedings and orders affecting child support obligations. Title II: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 202) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. Permits the unit to be established by linking local disbursement units through an automated information network if the Secretary agrees that it will not cost more or take more time to establish or operate than a centralized system. (Sec. 203) Requires State plans to: (1) provide for a State-operated and automated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 204) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which wages of a person with a support obligation imposed by a child support order issued before October 1, 1996, shall become subject to withholding if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 205) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 206) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) establishing, setting the amount of, modifying, or enforcing child support obligations; and (3) enforcing child custody or visitation orders. Directs the HHS Secretary to establish in the Federal Parent Locator Service an automated Federal Case Registry of Child Support Orders and an automated National Directory of New Hires. Requires the Secretaries of Labor and of HHS to jointly develop cost-effective methods of accessing information in the various State directories of new hires and the National Directory of New Hires, taking into account impact and cost to the States, and the need to insure authorized use of wage record information. (Sec. 207) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) deceased persons (on death records). Title III: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 303) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Title IV: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgment of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 403) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Title V: Program Administration and Funding - Directs the Secretary to develop a new incentive system to replace the current one. Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 502) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 504) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 505) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Title VI: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 602) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 603) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for knowing or negligent violation of such prohibition. Title VII: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 702) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the armed forces. (Sec. 704) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 705) Requires a State plan for child and spousal support to include specified procedures to: (1) ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) report to credit bureaus the name of the parent in arrears for child support; (3) provide for liens against real and personal property for the support arrearages of an absent parent; and (4) implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 710) Requires the Secretary of State to deny, revoke, or limit a passport upon certification of nonpayment of child support. (Sec. 711) Authorizes the Secretary of State to negotiate reciprocal agreements with foreign nations: (1) regarding international enforcement of child support obligations; and (2) designating the Department of Health and Human Services as the central authority for such enforcement. (Sec. 712) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each absent parent targeted by the State who maintains an account at the institution, and to encumber or surrender such parent's assets at the institution pursuant to a lien or levy. (Sec. 713) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the custodial parents are receiving assistance, are enforceable against the child's paternal or maternal grandparents. (Sec. 714) Amends Federal bankruptcy law and the Social Security Act to declare a debt for child support nondischargeable in bankruptcy. Title VIII: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 802) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Title IX: Enhancing Responsibility and Opportunity for Non-Residential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate absent parents' access to their children. Title X: Effective Dates and Conforming Amendments - Sets forth effective dates and conforming amendments.
United States · United States Congress · 14 May 1996
Presidential and Executive Office Accountability Act - Amends Federal law to provide for application of the following Federal laws to each component of the Executive Office of the President, the Executive Residence at the White House, and the official residence of the Vice President (the employing offices): (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) Federal law relating to Federal service labor-management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Rehabilitation Act of 1973; and (11) Federal law relating to veterans' employment and reemployment. Outlines various specified remedies for violations under such laws as well as administrative and judicial dispute-resolution procedures for considering alleged violations. Amends Federal money and finance law to provide within the Executive Office of the President for a Chief Financial Officer and a Deputy Chief Financial Officer with the same authority and functions as their agency counterparts under such law. Amends the Federal criminal code's definition of "special Government employee" with respect to specified conflict-of-interest and post-employment restrictions on certain officers and employees of the Federal Government or the District of Columbia government. Outlines the criteria for an individual to be considered "retained, designated, appointed, or employed" by the Executive Office of the President. Provides that each Federal law governing employment in the private sector that is enacted later than 12 months after this Act is enacted shall be deemed to apply to the employing offices unless such law specifically provides otherwise and expressly cites this Act. Amends the Congressional Accountability Act of 1995 to: (1) make punitive damages available as part of the remedy for a violation of its prohibition against racial and disability discrimination; and (2) allow the award of civil penalty and punitive damages as expressly provided in such Act. Amends the Government Employee Rights Act of 1991 to repeal its rights, protections, and remedies with respect to employment of presidential appointees.
United States · United States Congress · 1 May 1996
Declares that it is the sense of the Congress that the Board of Trustees of the Federal Hospital Insurance Trust Fund should submit to the Congress without further delay its annual report due on April 1, 1996.
United States · United States Congress · 15 April 1996
Small Business OSHA Relief Act of 1996 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to require each OSHA standard promulgated by the Secretary of Labor to be based upon a cost-benefit assessment and a determination that the standard's benefits justify the costs it imposes. Directs the Secretary, in the case of any employer of 250 or fewer employees cited for a violation of specified requirements, standards, or rules, which is a significant threat to an employee's health or safety, but where the employer has made a good faith correction effort, to waive up to 100 percent of the penalty otherwise proposed for such violation: (1) if the employer corrects the violation within the time set for abatement; or (2), if the employer does not correct the violation within such time, to the extent that the employer uses the amount which would have been paid as the penalty for correction of the violation. Prohibits issuance of a citation for any posting requirement and any requirement to prepare and maintain injury and illness records or written plan or verification, unless: (1) the employer has willfully or repeatedly violated the requirement; or (2) the failure to meet such requirement has resulted in employee exposure to a hazard. Directs the Secretary to enter into cooperative agreements with States for consultation to employers concerning the provision of safe and healthful working conditions. Requires the Secretary to reimburse States that enter into such agreements for 90 percent of costs and 100 percent of State staff training and specified out-of-State travel expenses. Prohibits the Secretary from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 18 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Law Subtitle F: Administrative Simplification Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to impose an eligibility period. (Sec. 103) Prohibits coverage exclusion on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this Act to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring treatment of State Medicaid (unless a State elects otherwise) and Medicare plans as a group health plan for individual coverage certification purposes. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to require the Secretary of Health and Human Services (HHS), acting through the Department of HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of title XI and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established below. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of HHS Office of the IG with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of Medicare service providers and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities under Medicare to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare or other Federal or State health care programs; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any such reports; or (2) any savings resulting from any such suggestions which are adopted. (Sec. 204) Amends SSA title XI to require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal care health programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional specified exception to anti- kickback penalties for discounting and managed care arrangements. (Sec. 217) Creates a criminal penalty under SSA title XI for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for reporting final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health plan to report to the Secretary any final adverse action taken against such provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and cover within its general purview, and provide sanctions for, the commission of health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of Federal health care offenses, and other specified matters related to health care, such as the laundering of monetary instruments in connection with a Federal health care offense. (Sec. 247) Provides for injunctive relief relating to covered Federal health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the newly established Health Information Advisory Committee. (Sec. 251) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 261) Directs the HHS Secretary to adopt uniform coverage, administration, and payment policies for clinical diagnostic laboratory tests under Medicare part B (Supplementary Medical Insurance) in accordance with a specified process. Provides that, effective for claims submitted after the expiration of a specified 90-day period, an independent laboratory may select a single carrier for the processing of all of its claims for payment under Medicare part B without regard to the location where the laboratory or the patient or provider involved resides or conducts business. Requires such election of a single carrier to be made by the clinical laboratory, and an agreement between the carrier and laboratory to be forwarded to the HHS Secretary. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. (Sec. 325) Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long- term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State- established membership organization providing nonprofit medical care coverage to high risk individuals. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. (Sec. 412) Increases preparer penalties for certain failures or actions.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Charitable Medical Care Act of 1996 - Exempts health care professionals from liability for negligence in the provision of health care services without charge in (or on referral from) a free medical clinic, except in cases of gross negligence or willful misconduct. Makes this Act applicable only if such professional, before furnishing the service: (1) agrees to furnish such service voluntarily and without charge to the recipient or to any health insurance plan or program under which the recipient is covered; and (2) provides the recipient with adequate notice, as determined by the Secretary of Health and Human Services, of the professional's limited liability for that service. Preempts any inconsistent State law. Specifies that this Act shall not preempt any State law that provides greater incentives or protections to a health care professional rendering such service.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 31 January 1996
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to subject imported tomatoes to certain domestic packing requirements.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.