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 · 23 July 1996
Northern Mariana Islands Delegate Act - Requires the Northern Mariana Islands to be represented in the Congress by an elected nonvoting Delegate to the House of Representatives. Provides that the Resident Representative of the Islands shall be the Delegate.
United States · United States Congress · 9 July 1996
TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs within the International Trade Administration Title IV: Trade Promotion Coordinating Committee Exports, Jobs, and Growth Act of 1996 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to increase the maximum per capita income levels of less developed countries eligible for Overseas Private Investment Corporation (OPIC) economic investment projects. Increases the ceilings on the maximum contingent liabilities outstanding at any one time for investment insurance and for the financing of investment guarantees issued by OPIC as well as of direct U.S. investment. Extends OPIC's authority to issue such insurance and guarantees through FY 2000. Revises the congressional purpose of OPIC to include increasing U.S. exports to less developed countries and countries in transition from nonmarket to market economies. Revises the composition of the OPIC Board of Directors. Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1997 and 1998. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for the Department of Commerce export promotion programs for FY 1997 and 1998. Title IV: Trade Promotion Coordinating Committee - Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee to develop a Federal trade promotion plan that, among other things, identifies the means for providing more coordinated export promotion services to small and medium-sized businesses.
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 · 26 June 1996
Directs the Commissioner of Social Security to improve the social security card for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act. Amends Federal law to provide criminal penalties for fraud and related activities concerning work authorization documents.
United States · United States Congress · 19 June 1996
Demands that Syria: (1) declare its commitment to completely withdraw its armed forces from Lebanon and to set a firm timetable for such withdrawal to be completed by December 31, 1997; and (2) prevent Hizbollah and other terrorist groups from launching attacks on Israel from Lebanese areas under its occupation. Recognizes the public Israeli commitment to withdraw its armed forces from the "security zone" in southern Lebanon once security conditions permit. Declares that the Congress will not accept Syria's continued hegemony over Lebanon and rejects linking the Syrian presence there to Israeli-Syrian negotiations or to an Israeli-Syrian peace agreement. Urges the President to withhold U.S. assistance to Syria and to direct U.S. executive directors of all international financial institutions to oppose loans or assistance to Syria until Syria withdraws its armed forces from Lebanon. Calls for Syria to cooperate with ongoing international efforts to curb terrorism and holds it responsible for all terrorist acts planned, trained for, financed, or initiated in Syrian or Lebanese territories under its occupation. Calls on Lebanon to: (1) initiate negotiations with Syria for the withdrawal of Syrian armed forces from Lebanon, the disarming of all remaining nongovernment paramilitary groups, and the redeployment of Lebanese armed forces to all Lebanese areas in order to assert the sovereignty of the Lebanese state over all of its territory; (2) enter into bilateral negotiations with Israel in order to agree on mutual security arrangements and realize a full and permanent peace; (3) prosecute all individuals responsible for crimes against U.S. or foreign diplomats and citizens; and (4) hold the parliamentary elections on time and take specified measures to ensure that such elections are conducted in a free and fair manner. Requires the Secretary of State to report to congressional committees on the results of the Lebanese elections and, every six months thereafter, on Syrian efforts to withdraw its forces from Lebanon.
United States · United States Congress · 13 June 1996
California Indian Land Transfer Act - Transfers all right, title, and interest of the U.S. in and to specified lands to certain California Indian tribes to be held in trust by the U.S. for the benefit of such Indian tribes. Terminates grazing privileges on the lands two years after the date of enactment of this Act.
United States · United States Congress · 13 June 1996
Amends the Federal Power Act to direct the Federal Energy Regulatory Commission, upon licensee request, in the case of a dam whose installed capacity does not exceed 10MW, to permit the State wherein the dam is located to regulate its safety, unless the Commission determines that the State does not have an adequate dam safety program.
United States · United States Congress · 12 June 1996
Expresses the sense of the House of Representatives that preferential tariff treatment of Colombian fresh cut flowers is not in the U.S. interest and should be withdrawn.
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 · 4 June 1996
NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to: (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; and (2) work to construct a political and security relationship between an enlarged NATO and the Russian Federation. Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should support military and peacekeeping initiatives between and among such countries, NATO countries, and Russia. Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Requires the President to designate as eligible for such assistance other emerging democracies in Central and Eastern Europe that meet specified criteria. Authorizes appropriations for NATO enlargement assistance. Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries of NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995. Declares that the Congress endorses U.S. efforts to modernize the defense capability of Poland, Hungary, the Czech Republic, and any other countries the President designates under the NATO Participation Act of 1994, by exploring options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure. Amends the NATO Participation Act of 1994 to establish a presidential and congressional procedure for termination of eligibility for assistance for Partnership for Peace countries which: (1) no longer meet certain eligibility criteria; (2) are hostile to the NATO alliance; or (3) pose a national security threat to the United States.
United States · United States Congress · 23 May 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against damaging religious property applicable where: (1) the offense is in or affects interstate or foreign commerce; and (2) the amount of the loss resulting from the damage exceeds $5,000. (Currently such provisions apply where: (1) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) the loss exceeds $10,000.)
United States · United States Congress · 23 May 1996
Requires the Secretary of Commerce to relocate the National Weather Service radar tower located on Sulphur Mountain near Ojai, California, to a new site which shall be selected so that the relocation: (1) will not result in degradation of service; and (2) will minimize the negative impacts of the radar tower and its emissions on residential areas. Mandates a report from the Secretary to the Congress.
United States · United States Congress · 16 May 1996
National Marine Sanctuaries Preservation Act - Amends the National Marine Sanctuaries Act to authorize appropriations to carry out the Act. Mandates a long-range, comprehensive plan for the management, stabilization, preservation, and recovery of artifacts and materials of the U.S. ship Monitor. Modifies national marine sanctuary advisory committee meeting notice requirements. Authorizes adoption of a symbol for the national marine sanctuary program (NMSP) or any individual sanctuary and the related designation of official sponsors, the collection of symbol use fees, and the selling of products to promote the NMSP. Makes it unlawful for a sponsor to try to influence any national marine sanctuary decision. Establishes the National Marine Sanctuaries Program Account and authorizes the use of Account funds, without further appropriations, for the NMSP or specific sanctuaries.
United States · United States Congress · 16 May 1996
Biomaterials Access Assurance Act of 1996 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
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 · 8 May 1996
Authorizes the Secretary of Agriculture to acquire fire fighting goods or services from Federal agencies without regard to certain commercial contracting requirements.
United States · United States Congress · 8 May 1996
Directs the President, until certain conditions are met, to impose additional tariffs on Chinese goods in order to compensate for the losses to the U.S. economy resulting from certain Chinese Government acts, polices, and practices with respect to the enforcement of intellectual property rights and market access to persons who rely on intellectual property protection.
United States · United States Congress · 25 April 1996
Drug-Induced Rape Act of 1996 - Amends the Controlled Substances Act to prescribe penalties of up to 20 years' imprisonment and a fine of up to $2 millon for an individual or $10 million otherwise for distributing a controlled substance with the intent to facilitate a sexual assault. Prohibits the court from placing on probation or suspending the sentence of anyone sentenced under this Act.
United States · United States Congress · 24 April 1996
Regulatory Fair Warning Act - Amends Federal Government operations law to limit the sanctions which may be imposed by courts and agencies for rule violations: (1) involving agency rules which failed to give the defendant fair warning of the conduct that the rule prohibits or requires; (2) where the defendant reasonably and in good faith determined prior to the violation that he or she was in compliance with, exempt from, or otherwise not subject to, the rule requirements based upon his or her understanding of the rule text and published guidances and policies related to the rule; or (3) committed in reasonable reliance upon a written statement by a Federal or State official authorized to implement or ensure compliance with the rule, made after disclosure by the defendant of all material facts, that the defendant was in compliance with, exempt from, or otherwise not subject to the rule requirements. Prohibits the court or agency in an action brought to impose a civil or criminal sanction for an alleged rule violation from giving deference to any interpretation of such rule relied upon by the promulgating agency that was not published in the Federal Register or was not available to the defendant before the alleged violation.
United States · United States Congress · 29 March 1996
National Geologic Mapping Reauthorization Act of 1996 - Amends the National Geologic Mapping Act of 1992 to establish a national cooperative geologic mapping program between the U.S. Geological Survey and State geological surveys. Establishes a geologic mapping advisory committee to advise the Director of the U.S. Geological Survey on planning and implementation of the geological mapping program. Authorizes appropriations.
United States · United States Congress · 29 March 1996
Medical Device Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission. (Sec. 3) Allows device approval applicants to declare a review impasse and mandates use of a dispute resolution process. (Sec. 4) Revises requirements regarding: (1) investigational devise exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing consensus standards recognition); (5) effectiveness determinations (as used in classifying devices); (6) premarket notification; (7) classification panels; and (8) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates procedures for accrediting parties that review premarket approval applications and conduct good manufacturing practice inspections. (Sec. 13) Mandates reclassification of certain devices. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 18) Regulates the effect of the dissemination of medical texts, peer-reviewed scientific publications, displays at trade shows, and other material. (Sec. 19) Removes distributors from record keeping and reporting requirements. Declares that the failure of a device to perform as labeled or in an acceptable manner does not constitute a malfunction when caused by improper servicing. Repeals user reporting requirements. (Sec. 20) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 21) Allows using monetary penalties for violation correction. Entitles violators to reasonable discovery. (Sec. 22) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 23) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental impact statement or assessment. (Sec. 24) Prohibits the Secretary from relying on any statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 25) Mandates training programs for FDA employees regarding FDCA regulations and policies. Allows the FDA to conduct or contract for scientific research only if directly related to FDCA implementation. (Sec. 26) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 14 March 1996
Ward Valley Land Transfer Act - Directs the Secretary of the Interior to convey to the California Department of Health Services specified lands in San Bernardino County, California, known as the Ward Valley Site, upon the tendering to: (1) the Secretary of the Treasury of $500,100 on behalf of California; and (2) the Chairman of the Nuclear Regulatory Commission of a written commitment by California to carry out environmental monitoring and protection measures, based on recommendations of the National Academy of Sciences, subject to Federal oversight by the Commission.
United States · United States Congress · 14 March 1996
National Marine Sanctuaries Renewal Act of 1996 - Amends the National Marine Sanctuaries Act to authorize the Secretary of Commerce to: (1) create, or participate in the creation of, nonprofit organizations to solicit donations to carry out the Act; and (2) recruit, train, and accept volunteer services and provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of the volunteers. Authorizes appropriations to carry out the Marine Protection, Research, and Sanctuaries Act of 1972. Modifies national marine sanctuary advisory committee procedural requirements. Authorizes: (1) the development, marketing, and sale of symbols, including a symbol for the national marine sanctuary program (NMSP); (2) the designation of persons as official sponsors of the NMSP or individual sanctuaries; (3) the creation, marketing, and sale of products to promote the NMSP; (4) establishment of a revolving fund containing sponsor payments and product sale proceeds; (5) the use of in-kind sponsor proceeds; and (6) the expenditure of fund amounts, without appropriation, to designate and manage sanctuaries.
United States · United States Congress · 6 March 1996
United States-Puerto Rico Political Status Act - Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-government either through U.S. statehood or through sovereign independence or free association. Requires the President to submit to the Congress for approval legislation for: (1) a transition plan of at least ten years which leads to full self-government for Puerto Rico; and (2) a recommendation for the implementation of such self-government consistent with Puerto Rico's approval. Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation. Makes funds available for the referendum.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 25 January 1996
Use of Assisted Housing by Aliens Act of 1995 - Amends the Housing and Community Development Act of 1980 with respect to certain housing assistance to aliens to: (1) make specified assistance termination procedures mandatory; (2) prorate continued assistance on the basis of individual eligibility; and (3) reduce the assistance termination deferment to a single three-month period. Sets forth verification of immigration status and financial assistance eligibility requirements, including penalties for permitting an ineligible person to use such assistance. Suspends the implementation of certain noncitizen housing assistance regulations and prohibits implementation of any related regulations that are inconsistent with the provisions of this Act.
United States · United States Congress · 23 January 1996
Prohibition on United Nations Taxation Act of 1996 - Prohibits the U.S. from paying any voluntary or assessed contributions to the United Nations (U.N.) or any of its agencies if the U.N.: (1) attempts to impose a tax on any U.S. person; or (2) borrow funds from the International Bank for Reconstruction and Development (World Bank), International Monetary Fund, or any other similar or regional international financial institution. Prohibits the U.S. from paying any voluntary or assessed contributions to the U.N. or any of its agencies, including the U.N. Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the U.N. or such agency is not engaged in any effort to develop or promote any taxation proposals in order to raise revenue for the U.N. or any such agency.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 6 December 1995
Makes technical amendments to the following Acts: (1) an Act restoring Federal services to the Pokagon Band of Potawatomi Indians; (2) the Little Traverse Bay Bands of Odawa and the Little River Band of Ottawa Indians Act; (3) the Indian Dams Safety Act of 1994; (4) an Act extending Federal benefits to the Pascua Yaqui Indians of Arizona; (5) the Indian Lands Open Dump Cleanup Act of 1994; (6) the American Indian Trust Fund Management Reform Act of 1994; (7) the Indian Self- Determination Contract Reform Act of 1994; (8) the Auburn Indian Restoration Act; (9) the Crow Boundary Settlement Act of 1994; (10) the Tlingit and Haida Status Clarification Act; and (11) the Native American Languages Act. (Sec. 12) Amends: (1) the Ponca Restoration Act to include within the tribal service area Sarpy, Burt, Platte, Stanton, Holt, Hall, and Wayne counties in Nebraska and Woodbury and Pottawattomie counties in Iowa; and (2) the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994 to extend the agreement and publication deadline. (Sec. 14) Provides for revocation of the incorporation charter of the Minnesota Chippewa Tribe under the Indian Reorganization Act. (Sec. 15) Amends: (1) the Advisory Council on California Indian Policy Act of 1992 to extend a specified reporting deadline; and (2) the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to extend a specified settlement agreement deadline. (Sec. 17) Authorizes the Secretary of the Army to transfer funds to the Department of the Interior for operation of certain Columbia River fishing sites for the Nez Perce, Umatilla, Warm Springs, and Yakima Tribes. (Sec. 18) Authorizes: (1) the Ponca Indian Tribe of Nebraska to use specified funds for an adolescent transitional living facility; and (2) the Secretary of the Interior to reprogram, in accordance with resolutions approved by the Mescalero Apache Tribal Council on January 24, 1995, all remaining funds regarding specific changes in the secretarial plans for the use of specified funds awarded in satisfaction of the judgments by the Indian Claims Commission. (Sec. 20) Amends the Lac Vieux Desert Band of Lake Superior Chippewa Indians Act to authorize the Band to amend its base membership roll if certain conditions are met.
United States · United States Congress · 29 November 1995
Senior Citizens' Right to Work Act of 1995 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 3) Establishes a Continuing Disability Review Administration Revolving Account for OASDI disability benefits in the Federal Disability Insurance Trust Fund. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund which will accrue for all years as a result of cessation of benefit payments resulting from continuing disability reviews carried out pursuant to specified requirements during the fiscal year. Directs the Managing Trustee to: (1) transfer to the Account from amounts otherwise in the Trust Fund an amount equal to the estimated savings certified by the Chief Actuary; and (2) make available to the Commissioner of Social Security from funds in the Account an amount certified by the Chief Actuary as currently required to meet expenditures necessary to provide for required continuing disability reviews (including expenditures for the cost of staffing, training, purchase of medical and other evidence, and processing related to appeals and overpayments and related indirect costs). Includes under required information in a specified annual report a final accounting of amounts transferred to the Continuing Disability Review Administration Revolving Account in the Federal Disability Insurance Trust Fund during the year, the amount made available from such Account during such year pursuant to certifications made by the Chief Actuary of the SSA and expenditures made by the Commissioner of Social Security for the specified purposes during the year, including a comparison of the number of continuing disability reviews conducted during the year with the estimated number of continuing disability reviews upon which the estimate of such expenditures was made. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, and provides that any balance in such Account shall revert to funds otherwise available in the Federal Disability Insurance Trust Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 4) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent six months after the Commissioner is formally notified of the natural parent's divorce from the stepparent. (Sec. 5) Extends the length of time required for recomputation of benefits after normal retirement age. (Sec. 6) Eliminates the role of the SSA in processing attorney's fees. Prohibits any person, agent, or attorney from charging in excess of $4,000 (or, if the Commissioner approves, a higher fee) for services performed in connection with any claim before the Commissioner. Directs a court, in determining a reasonable fee, to take into consideration the amount of the fee, if any, that an attorney may charge the claimant for services (eliminating the current limitation of such fee to 25 percent of the total past-due benefits to which a judgment entitles the claimant). (Sec. 7) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition that prevents the individual from managing such benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 8) Permits members of the clergy to file to revoke their exemption from social security tax coverage under the Internal Revenue Code.
United States · United States Congress · 20 November 1995
Intellectual Property Antitrust Protection Act of 1995 - Provides that in any action in which the conduct of an owner, licensor, licensee, or other holder of an intellectual property right is alleged to be in violation of the antitrust laws in connection with the marketing or distribution of a protected product or service, such right shall not be presumed to define a market, to establish market power, or to establish monopoly power.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 16 November 1995
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), further negotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1996. Requires the President to renegotiate the terms of NAFTA to correct trade deficits, currency distortions, and agricultural provisions in specified ways. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) gains in U.S. jobs and living standards (by the Secretary of Labor); (2) increased U.S. domestic manufacturing (by the Secretary of Commerce); (3) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (4) flow of illegal drugs from Mexico and Canada (by the Attorney General); and (5) Mexican democracy and human freedoms (by the President). Directs the President to consult regularly with the Congress regarding such negotiations. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
United States · United States Congress · 16 November 1995
Amends Federal civil service law relating to the Civil Service Retirement System and the Federal Employees' Retirement System to change the mandatory separation age for Federal fire fighters from 55 to 57 (the same as that for Federal law enforcement officers).
United States · United States Congress · 15 November 1995
Constitutional Amendment - Declares that: (1) neither the United States nor any State shall deny benefits to or otherwise discriminate against any private person or group on account of religious expression, belief, or identity; and (2) the prohibition on laws respecting an establishment of religion shall not be construed to require such discrimination.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 14 November 1995
American Indian Trust Fund Management Reform Act Amendments of 1995 - Amends the American Indian Trust Fund Management Reform Act of 1994 to grant the Office of Special Trustee for American Indians (of the Department of the Interior) direct administrative authority over the human and financial resources supporting the provision of Indian financial trust services. Provides for the transfer of such functions from the Bureau of Indian Affairs to the Office. Establishes a four-year term of Special Trustee, unless otherwise terminated.
United States · United States Congress · 9 November 1995
Imported Food Labeling Act of 1995 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Establishes criminal fines for violations of such provision.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 26 October 1995
Provides for the printing as a House document of a report to the Speaker of the House of Representatives, prepared by the Congressional Task Force on Immigration Reform, dated June 29, 1995.
United States · United States Congress · 18 October 1995
Authorizes the Secretary of Defense to transfer to Federal and State agencies excess personal property of the Department of Defense to support law enforcement activities, including counter-drug activities. (Currently, such authority is limited to the support of counter-drug activities.)
United States · United States Congress · 13 September 1995
Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide for payments to State and local prisons for monthly reports on the identities of inmates ineligible for benefits, especially those erroneously paid such a benefit. Denies SSI benefits for ten years to a person found to have fraudulently obtained such benefits while in prison.
United States · United States Congress · 12 September 1995
Amends the Federal Power Act to direct the Federal Energy Regulatory Commission to permit a State, upon the request of its Governor, to regulate the safety of dam project works, unless it determines that the State does not have an adequate dam safety program.
United States · United States Congress · 7 September 1995
TABLE OF CONTENTS: Title I: Private Property Rights and Voluntary Incentives for Private Property Owners Title II: Improving Ability to Comply with the Endangered Species Act of 1973 Title III: Improving Scientific Integrity of Listing Decisions and Procedures Title IV: Recognizing Other Federal Action, Laws, and Missions Title V: Better Management and Conservation of Listed Species Title VI: Habitat Protections Title VII: State Authority to Protect Endangered and Threatened Species Title VIII: Funding of Conservation Measures Title IX: Miscellaneous Provisions Endangered Species Conservation and Management Act of 1995 - Amends the Endangered Species Act of 1973 (the Act) to revise: (1) the findings and purposes of the Act to include consideration of economic impacts and property owners' rights while encouraging practices that protect species; and (2) the policy of the Act to prohibit the Federal Government from using or limiting the use of privately owned property when such action diminishes the value of such property without payment of fair market value to the owner of private property. Title I: Private Property Rights and Voluntary Incentives for Private Property Owners - Amends the Act to prohibit the Government from taking an agency action affecting privately or non-federally owned property under the Act which results in diminishment of value of any portion of that property by 20 percent or more unless compensation is offered in accordance with this title. Requires the Federal agency that takes an action that exceeds that amount to compensate the private property owner for the otherwise lawful use or limitation on such use in the amount of the diminution in value of the portion of that property resulting from such use or limitation. Specifies that, if the diminution in value of a portion of that property is greater than 50 percent, at the option of the owner, the agency shall buy that portion and pay fair market value based on the value of the property before the use or limitation was imposed. Directs that compensation paid reflect the duration of the use or limitation necessary to achieve the purposes of the Act. Sets forth provisions regarding: (1) procedures for written requests for compensation by the owner; (2) agency negotiations with that owner to reach agreement; (3) choice of remedies; (4) arbitration; (5) civil actions (an owner who prevails in a civil action against the agency shall be entitled to the amount of compensation awarded plus reasonable attorney's fees and other litigation costs); (6) source of payments; (7) availability of appropriations (any U.S. obligation to make such a payment shall be subject to the availability of appropriations); and (8) duty of notice to owners of agency actions limiting the use of private property and of procedures for obtaining compensation. (Sec. 102) Requires the Secretary of the Interior (Secretary), in carrying out the program authorized by the Act, to cooperate to the maximum extent practicable with the States and other non-Federal persons, including consultation before acquiring any land or water, or interest therein, for the purpose of conserving any endangered or threatened species. Authorizes the Secretary to enter into a cooperative management agreement with any State or local government or non-Federal person for the management of a species listed as endangered or threatened, to be listed, or which is a candidate for listing, or for the management or acquisition of an area which provides habitat for a species, subject to specified limitations. Sets forth provisions regarding: (1) environmental assessments; (2) the effect of listing a species; and (3) violations of such agreements. (Sec. 103) Authorizes the Secretary to provide grants to certain non-Federal persons for the purpose of conserving, preserving, or improving habitat for any species that is determined to be an endangered or threatened species upon determining that: (1) the property for which the grant is provided contains habitat that significantly contributes to the protection of the population of the species and has been managed for species protection for a sufficient period of time to significantly contribute to the protection of the species population; and (2) the management of the habitat advances the interest of species protection. (Sec. 104) Directs the Secretary to initiate a program to provide technical advice and assistance to non-Federal persons who wish to participate in achieving the conservation objective for a species for which a conservation goal has been adopted. (Sec. 105) Specifies that nothing in the Act shall be construed to supersede, abrogate, or otherwise impair any right or authority of a State to allocate or administer quantities of water. Title II: Improving Ability to Comply With the Endangered Species Act of 1973 - Amends the Act to provide that an activity of a non-Federal person is not a taking of a species if the activity: (1) is consistent with the provisions of a final conservation plan or conservation objective; (2) complies with the terms and conditions of an incidental take permit or a cooperative management agreement; (3) addresses a critical, imminent threat to public health or safety or a catastrophic natural event, or is mandated by any Federal, State, or local government agency for public health or safety purposes; or (4) is incidental to, and not the purpose of, carrying out an otherwise lawful activity that occurs in an area of the territorial sea or exclusive economic zone that is not designated as critical habitat and the affected species is not a species of fish. Makes enforcement provisions and provisions regarding rewards and incidental expenses paid by the Secretary or the Secretary of the Treasury applicable specifically to endangered or threatened species of fish and wildlife (current law doesn't specify endangered or threatened species). Specifies that no interpretation, policy, guideline, finding, or other informal determination may be relied upon by the Secretary in the implementation and enforcement of the Act unless such determination has been the subject of a proposed rule, subject to specified requirements. Places the burden on the Secretary to show that a specimen belongs to a species which is determined to be an endangered or threatened species. Authorizes civil suits by persons who have suffered or are threatened with economic or other injury resulting from actions by Federal officials with respect to enforcement of the Act under specified circumstances. (Sec. 202) Defines, for purposes of the Act: (1) "take" to mean to harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in that conduct; and (2) "harm" to mean to take a direct action against any member of an endangered species of fish or wildlife that actually injures or kills a member of the species. (Sec. 203) Authorizes non-Federal persons to initiate consultation with the Secretary on any prospective activity: (1) to determine if the activity is consistent with a conservation plan or objective; or (2) if the person determines that the activity is inconsistent, to determine whether the activity is likely to jeopardize the continued existence of an endangered or threatened species or to destroy or adversely modify the designated critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. (Sec. 204) Sets forth or revises provisions regarding: (1) incidental take permit requirements; (2) general, research, and educational permits; (3) maintenance of aquatic habitats for listed species; (4) compliance with international requirements and treaties; and (5) incentives for protection of marine species. Title III: Improving Scientific Integrity of Listing Decisions and Procedures - Revises provisions of the Act regarding determinations that a species is endangered or threatened to direct the Secretary to make such determinations based on specified factors, including: (1) the present or threatened loss of its habitat; and (2) the inadequacy of existing Federal, State, and local government regulatory mechanisms. Requires the Secretary to make such determinations solely on the basis of the best scientific and commercial data available after conducting a review of the status of the species and after soliciting and fully considering the best scientific and commercial data available concerning the status of a species from any affected State or any interested non-Federal person, taking into account other specified factors. Sets forth or revises provisions regarding: (1) consideration of State recommendations; (2) listing of foreign species; (3) soliciting scientific information; (4) emergency listings; (5) use of the best scientific and commercial data; (6) identifying data used for decisions; (7) judicial review; (8) peer review; (9) making data public; (10) improving the petition and designation processes; (11) greater State involvement; (12) monitoring the status of species; and (13) petitions to delist species. Title IV: Recognizing Other Federal Action, Laws, and Missions - Amends the Act to direct: (1) the Secretary to review other programs administered by the Secretary and utilize such programs in furtherance of the purposes of the Act; and (2) each Federal agency to ensure that any action authorized, funded, or carried out by such agency is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any habitat that is designated by the Secretary as critical habitat of the species in a manner that is likely to jeopardize the continued existence of the species. Sets forth provisions regarding: (1) involvement of applicants for Federal approvals; (2) conferring on candidate species; (3) limitations on modifications to land management; (4) resolving conflicts between Federal agencies; (5) procedures for consultation; and (6) activities prior to completion of consultation. (Sec. 402) Sets forth provisions regarding exemptions from consultation and conferencing requirements. Specifies that an agency action shall not constitute a taking of a species prohibited by the Act or any regulation thereunder if the action is consistent with those provided for in a final conservation plan or a conservation objective under this Act, or a cooperative management agreement or an incidental take permit. (Sec. 403) Eliminates the Endangered Species Committee and related provisions. Title V: Better Management and Conservation of Listed Species - Amends the Act to direct the Secretary to publish a conservation objective and a conservation plan for each species determined to be an endangered or threatened species. Requires the Secretary: (1) within 30 days after the listing determination, to appoint an assessment and planning team (which shall report to the Secretary within 180 days the assessment of specified biological, economic, and intergovernmental factors with respect to the listed species); and (2) within 210 days, to review the report to establish a conservation objective for the species and publish in the Federal Register the conservation objective, along with a statement of findings on which the objective was established. (Sec. 502) Directs the Secretary, in the development and implementation of a conservation plan, to accord specified priorities, including to: (1) the development of an integrated plan for two or more endangered or threatened species that are likely to benefit from an integrated conservation plan; and (2) nonregulatory, incentive-based conservation measures and commercial activities that provide a net benefit to the conservation of the species. Sets forth provisions regarding: (1) publication of a draft plans; (2) contents of such plan; (3) plan preparation procedures; (4) publication of a final plan; (5) participation by other persons; (6) plan revision or amendment; and (7) lack of further procedures or requirements for actions consistent with the conservation plan. (Sec. 503) Delineates procedures regarding: (1) management prior to publication of a conservation plan; (2) emergency rulemaking protections; (3) suspension of conservation plans or objectives; (4) non-delegation of duties; and (5) review of conservation plans. (Sec. 504) Authorizes the Secretary to: (1) designate critical habitat of a species determined to be an endangered or threatened species that meets specified requirements utilizing the National Biodiversity Reserve (see Title VI) as a first priority; and (2) revise a critical habitat designation on determining that such habitat does not meet such requirements. Sets forth provisions regarding: (1) deadlines for designation; (2) basis for designation (directs the Secretary to exclude any area from critical habitat which does not meet the definition as set forth in this Act, which is not necessary to achieve the conservation objective for the affected species, for which the Secretary determines that the benefits of exclusion outweigh the benefits of designation (with exceptions), and in the case of property owned by a non-Federal person, where the owner has not given written consent to the designation or has not been compensated); (3) procedure for designation; and (4) judicial review of the critical habitat designation. Sets forth provisions regarding: (1) the standard for judicial review of decisions regarding conservation objectives or plans; (2) conservation plans for foreign species; and (3) the definition of critical habitat. (Sec. 505) Authorizes the Secretary to: (1) utilize captive propagation as a means of protecting or conserving an endangered or threatened species; and (2) provide annual grants to non-Federal persons to fund captive propagation programs if the Secretary determines that such a program contributes to enhancement of the population of such a species. (Sec. 506) Revises provisions regarding experimental populations to require the Secretary, before authorizing the release of a population of endangered or threatened species outside the current range of such species, to identify the precise boundaries of the geographic area for the release and determine whether the release is in the public interest. Provides that: (1) any member of an experimental population found outside the geographic area in which the population is released shall not be treated as a threatened species if the member poses a threat to the welfare of the public; and (2) critical habitat shall not be designated under the Act for any experimental population determined to be not essential to the continued existence of a species. Sets forth requirements for releases of such populations, including that the Secretary require that: (1) to the maximum extent practicable, the release occurs only in a unit of the National Park System or the National Wildlife Refuge System; (2) the regulations authorizing the release identify precisely the geographic area for the release; and (3) a release on non-Federal land occurs only with the written consent of the owner of the land. (Sec. 507) Revises provisions regarding regulations to protect threatened species to direct the Secretary to issue, concurrently with the regulation that provides for the listing of the species, such regulations as the Secretary deems necessary and advisable to provide for the conservation of such species. Specifies that prohibitions applied to the threatened species shall address the specific circumstances of such species and may not be as restrictive as such prohibition for endangered species. Requires conservation guidelines to include a system for developing and implementing, on a priority basis, conservation objectives and conservation plans. Directs the Secretary to provide to the public notice of, and opportunity to submit written comments on, any guideline proposed to be established. Title VI: Habitat Protections - Establishes a National Biological Diversity Reserve, composed of units of Federal and State lands designated and managed in accordance with this title. Directs the Secretary and the Secretary of Agriculture to designate to the Reserve by regulation those units of the national conservation systems which are within the jurisdiction of the Secretary concerned and which the Secretary determines would contribute to the protection, maintenance, and enhancement of biological diversity. Directs the Secretary to: (1) designate to the Reserve a unit of State-owned lands if such unit is nominated for designation by the Governor of the State and is managed under State law in accordance with this title; (2) designate to the Reserve privately owned land that is nominated for designation by the owner of the land, and remove such land from the Reserve if the owner requests removal; (3) remove from the Reserve a unit designated which the Secretary finds is not managed under State law in accordance with this title; and (4) remove from the Reserve any State-owned lands at the request of the Governor of that State. Requires: (1) each unit of the Reserve to have as an objective for the management thereof the preservation, maintenance, and enhancement of biological diversity; and (2) within one year of the designation of a unit to the Reserve, the manager of such unit to complete, and the Secretary concerned to make available to the public by notice in the Federal Register, an inventory of the species composing the biological diversity within such unit. (Sec. 602) Directs the Secretary, and the Secretary of Agriculture with respect to the National Forest System, to establish and implement a program to conserve fish, wildlife, and plants, including those which are determined to be endangered or threatened species. Provides that, to carry out such program, the appropriate Secretary: (1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, the Fish and Wildlife Coordination Act, and the Migratory Bird Conservation Act, as appropriate; and (2) is authorized to acquire lands, waters, or interests therein (lands). (Sec. 603) Directs the Secretary and the Secretary of Agriculture to encourage exchanges of lands within the jurisdiction of each Secretary (other than units of the National Park System and the National Wilderness Preservation System) for lands that are not in Federal ownership and that are affected by this Act. Sets forth provisions regarding the timing of exchanges, environmental assessment, expeditious exchange decisions, applicable law, and valuation of lands acquired. Title VII: State Authority to Protect Endangered and Threatened Species - Authorizes the Secretary to delegate to a State which establishes and maintains an adequate program for the conservation of endangered and threatened species the authority contained in this Act with respect to species of fish, wildlife, and plants that are residents in the State. Requires the Secretary, within 120 days after receiving a certified copy of a proposed State program, to determine whether such program will be adequate to provide protections to endangered and threatened species in such State, based on specified guidelines. Sets forth provisions regarding: (1) Federal financial assistance to a State which has received such delegation; (2) contents of a delegation agreement; (3) State compliance with this Act; (4) review of State programs; and (5) conflicts between Federal and State laws. (Sec. 702) Directs the Secretary, in any instance in which a State has a program for management of a native species which is the subject of a request for an export permit under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to act in accordance with the recommendation of the State unless the Secretary makes a finding and publishes a notice in the Federal Register that scientific evidence justifies a conclusion contrary to the advice of the State. Authorizes the State which is subject to such a finding, or any person in that State directly affected because of inability to obtain a permit, to appeal the finding to an administrative law judge or a court. Places the burden on the Secretary to show that the evidence supports a finding contrary to the recommendation of the State. Title VIII: Funding of Conservation Measures - Authorizes appropriations to the Departments of the Interior, Commerce, and Agriculture through FY 2001 to carry out the Act, including for cooperative management agreements, Convention implementation, non-Federal conservation planning, and habitat conservation grants. (Sec. 802) Directs the Secretary, for any non-Federal person or Federal power marketing administration, to pay half of any direct costs that result from the compliance by the person or administration mandated by a conservation plan or measure that provides protection to a listed species under a plan developed under the Pacific Northwest Electric Power Planning and Conservation Act, including a plan that provides protection to a larger population unit of the same listed species. Sets forth provisions regarding consultation requirements, incidental take permits, cooperative management agreements, method of cost-sharing, existing cost-sharing agreements, and adjustments to the cost-sharing percentage. (Sec. 803) Establishes in the Treasury an Endangered Species and Threatened Species Conservation Trust Fund. Title IX: Miscellaneous Provisions - Defines or redefines the terms: (1) "non-Federal person"; and (2) "commercial activity." (Sec. 902) Directs the Secretary to: (1) identify those species which are listed under the Act as a result of being determined to be a population segment; and (2) review and determine whether or not it is in the national interest to continue to list each such segment. Requires those segments which the Secretary recommends for continued listing to be submitted to the Congress for approval, and that any segment not determined to be in the national interest to be delisted. (Sec. 903) Requires the Secretary to publish a list of all species that were determined to be endangered or threatened species for which no final recovery plans were issued, divided equally into three tiers of priority for preparation of conservation objectives and plans (with any species listed as an endangered or threatened species in more than one State being placed in the first tier of priority). Directs the Secretary to publish a conservation objective, draft conservation plan, and final conservation plan for each species within each tier of priority according to a specified timetable. Sets forth provisions regarding: (1) priority for revision of existing plans (for listed species with recovery plans); (2) a schedule for revision of plans; (3) species for which no conservation plan is required; (4) a prohibition on additional requirements; and (5) existing biological opinions.
![Official portrait of Rep. Gallegly, Elton [R-CA-24]](https://www.congress.gov/img/member/g000021_200.jpg)