United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to place the burden of proof on the taxpayer in the case of any administrative proceeding and on the Secretary of the Treasury in the case of any court proceeding. Requires a 30-day notice before seizure. Prohibits the Secretary from collecting any tax (or other sum) by levy without judicial consent. Excludes from gross income damages awarded for unauthorized IRS collection activities. Requires a study of the revenue losses (if any) resulting from this Act.
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
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
Social Security Trust Funds Integrity Act of 1997 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to restructure the Board of Trustees of the trust funds supporting the OASDI and Medicare programs, with each Board composed of members appointed by the President, by and with the advice and consent of the Senate, on a bipartisan basis at the recommendation of House and Senate leadership and the five largest organizations representing senior citizens. Makes it the duty of the Managing Trustee chairing the Board to invest trust fund amounts not necessary to meet current withdrawals according to an annual investment plan the Board is required to formulate and submit to the President and the Congress. Removes restrictions on investment and disinvestment of amounts in such trust funds.
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
Volunteer Firefighter and Rescue Squad Worker Protection Act - Amends the Fair Labor Standards Act of 1938 to exclude from coverage any fire fighters or rescue squad members during the period in which they volunteer their services at a facility where they are not then regularly employed. Waives overtime compensation requirements when fire fighters or rescue squad members volunteer their services to their employer and sign a legally binding waiver. Prohibits employer coercion of such volunteering.
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
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 · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
United States · United States Congress · 25 September 1996
Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site Act - Establishes the Fallen Timbers Battlefield, Fort Meigs, and Fort Miamis National Historical Site in Ohio. Withdraws the Site from such designation if the Secretary of the Interior determines and notifies the Congress that: (1) its use, condition, or development is incompatible with the purposes of this Act; or (2) its management entity has not made reasonable and appropriate progress in preparing or implementing the Stewardship Plan for the Site. Authorizes the Secretary to: (1) provide technical assistance regarding such Plan and its implementation to Ohio, such State's political subdivision, nonprofit organization, or any other person on a request by the management entity; and (2) assist in the Plan's development. Prohibits: (1) as a condition of such technical assistance, the Secretary from requiring any recipient to enact or modify land use restrictions; (2) the Secretary or any other Federal agency from making a limitation on fishing, hunting, or trapping a condition of the determination of eligibility for, or receipt of, assistance under this Act.
United States · United States Congress · 24 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.
United States · United States Congress · 18 September 1996
Farm Transportation Regulatory Relief Act - Declares that Department of Transportation (DOT) regulations relating to the transportation of agricultural production material as a hazardous material (pesticides, fertilizers, and fuels) shall not prohibit a State from providing an exception from such regulations for farmers and retailers providing not-for-hire intrastate transportation of agricultural production materials from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply.
United States · United States Congress · 11 September 1996
Amends the Solid Waste Disposal Act to allow any State to prohibit disposal in the State of any solid waste imported from a foreign country. Exempts from such a prohibition foreign-generated waste received pursuant to an existing host community agreement that explicitly authorizes such receipt by a facility owner or operator that complies with all of the agreement's terms and conditions.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 1 August 1996
Amends title XVIII (Medicare) of the Social Security Act to permit the geographic reclassification of hospitals under Medicare for purposes of disproportionate share payment adjustments.
United States · United States Congress · 31 July 1996
Aviation Disaster Family Assistance Act of 1996 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board (NTSB), after an accident involving an aircraft that results in a significant loss of life of passengers, to: (1) designate and publicize the name and phone number of a family advocate to be a Government liaison between the air carrier and the families of the passengers; and (2) designate an independent nonprofit organization which shall have primary responsibility for coordinating the care and support of the passengers' families. Declares that the NTSB shall have primary responsibility for coordinating the recovery and identification of passengers involved in an aircraft accident. Prohibits any person from impeding the ability of the NTSB, or the designated organization, from carrying out its responsibilities under this Act. Sets forth penalties for violations of this Act. Requires each air carrier to submit to the Secretary of Transportation a plan for addressing the needs of the passengers' families. Prohibits the Secretary from approving an air carrier's application for a certificate of public convenience and necessity unless it includes such plan in its application. Requires the Secretary to establish a task force to develop: (1) a model plan to assist air carriers in responding to aircraft accidents; and (2) recommendations to the Congress on methods to ensure that attorneys and the media do not intrude on the privacy of the passengers' families. Expresses the sense of the Congress that each State bar association should adopt a rule providing in transportation accidents that no unsolicited communications should be made to the families concerning potential action for personal injury or wrongful death before the 30th day following the accident.
United States · United States Congress · 18 July 1996
Amends the Clean Air Act to delete from the glycol ether category in the list of hazardous air pollutants ethylene glycol monobutyl ether as used or emitted by metal or composite can manufacturing. Amends the toxic chemical release forms provisions of the Emergency Planning and Community Right-To-Know Act of 1986 to require the Administrator of the Environmental Protection Agency to delete from the lists of toxic chemicals and extremely hazardous substances employed under such Act any substance that has been deleted or removed from the hazardous air pollutants list unless the Administrator demonstrates on the basis of convincing evidence significant human health or environmental threats posed by the substance's storage, use, or release.
United States · United States Congress · 17 July 1996
Transportation Empowerment Act - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations out of the Highway Trust Fund (HTF) for the interstate maintenance program, the bridge program, the Federal lands highways program, public lands highways, and parkways and park roads through FY 2001. Repeals all funding for the surface transportation program, the congestion mitigation and air quality improvement program, and Federal Highway Administration highway safety (including research and development) programs. Amends the Internal Revenue Code (IRC) to: (1) extend until October 1, 2001, the availability of HTF funds for authorized expenditures; (2) set a core programs financing rate for gasoline, special motor fuels, and diesel fuel; (3) establish in HTF an Infrastructure Special Assistance Fund; and (4) provide for the return of excess tax receipts to States for transportation purposes. Terminates transfers to the HTF's Mass Transit Account on and after October 1, 1997. (Sec. 6) Grants congressional consent to States to enter into interstate compacts to: (1) promote the continuity, quality, and safety of the Interstate System; (2) develop programs to promote and fund safety initiatives and establish safety standards; (3) conduct long-term planning for transportation infrastructure in, and develop transportation infrastructure design and construction standards to be used by, participating States; and (4) establish transportation infrastructure banks. Sets forth provisions regarding financing and establishment of infrastructure banks. (Sec. 7) Requires the head of each executive agency to: (1) assist State and local governments in efforts to privatize the transportation infrastructure assets of the State and local governments; and (2) approve requests from State and local governments to privatize transportation infrastructure assets and waive or modify any grant condition, subject to specified requirements. Sets forth provisions regarding criteria for approval of requests, lack of obligation to repay Federal grant funds, use of proceeds from the privatization of a transportation infrastructure asset, and cost recovery. (Sec. 8) Amends the IRC to reduce taxes on gasoline, diesel fuel, and special fuels funding HTF. (Sec. 9) Directs the Secretary to report to the Congress describing technical and conforming amendments and other laws that are appropriate in light of this Act.
United States · United States Congress · 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 · 25 June 1996
Medicare Hospice Benefit Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospice care to: (1) restructure the hospice care benefit period; (2) cover ambulance services, diagnostic tests, and anticancer chemotherapy and radiation therapy services; (3) permit contracting with independent physicians or physician groups for hospice care services; (4) allow waiver of certain staffing requirements for hospice care programs in non-urbanized areas; (5) define coverage denial, with respect to the limitation on the liability of beneficiaries and providers, to mean a determination that an individual is not terminally ill; and (6) extend the period for physician certification of an individual's terminal illness.
United States · United States Congress · 10 June 1996
TABLE OF CONTENTS: Title I: Public Water Systems Subtitle A: Promulgation of National Primary Drinking Water Regulations Subtitle B: State Primary Enforcement Responsibility for Public Water Systems Subtitle C: Notification and Enforcement Subtitle D: Exemptions and Variances Subtitle E: Lead Plumbing and Pipes Subtitle F: Capacity Development Title II: Amendments to Part C Title III: General Provisions Regarding Safe Drinking Water Act Title IV: Miscellaneous Safe Drinking Water Act Amendments of 1996 - Title I: Public Water Systems - Subtitle A: Promulgation of National Primary Drinking Water Regulations - Amends the Safe Drinking Water Act (the Act) to: (1) repeal a provision requiring the Administrator of the Environmental Protection Agency to set new standards for 25 additional contaminants every three years; (2) require the Administrator to publish a list of contaminants that are not subject to proposed or promulgated national primary drinking water (NPDW) regulations, that are known or anticipated to occur in public water systems (systems), and that may require regulation; and (3) direct the Administrator, every five years, to determine whether to regulate not fewer than five contaminants on the list based on findings that such contaminants are known or are likely to occur in systems with a frequency and at a level of public health concern and that their regulation presents a meaningful opportunity for public health risk reduction. Sets forth provisions regarding: (1) judicial review; (2) contaminant selection priorities; (3) promulgation of maximum contaminant level (MCL) goals and NPDW regulations; and (3) publication of health advisories. (Sec. 102) Directs the Administrator to promulgate an information collection rule to obtain information that will facilitate further revisions to the NPDW regulation for disinfectants and disinfection byproducts, including microbial contaminants such as cryptosporidium. (Sec. 103) Authorizes a State exercising primary enforcement responsibility for systems to establish alternatives to filtration requirements in effect for systems having uninhabited, undeveloped watersheds in consolidated ownership, and having control over access to, and activities in, those watersheds under specified circumstances. (Sec. 104) Directs the Administrator, at the time an NPDW regulation is proposed, to publish a determination of whether the MCL benefits justify the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by increasing the concentration of other contaminants in drinking water, or by interfering with the efficacy of drinking water treatment techniques or processes used to comply with other NPDW regulations. (Sec. 105) Modifies the Act to require the Administrator to promulgate NPDW regulations requiring disinfection as a treatment technique for all systems at any time in the period beginning three years after enactment of this Act until the date on which the Administrator promulgates a Stage II rulemaking for disinfectants and disinfectant byproducts. (Sec. 106) Makes NPDW regulations effective three years after promulgation, with exceptions. (Sec. 107) Directs the Administrator to: (1) use the best available science in regulatory decisionmaking; (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable; and (3) prepare a health risk reduction and cost analysis for new regulations. (Sec. 108) Requires the Administrator to: (1) withdraw any existing proposed radon regulation and, within three years, propose and promulgate an NPDW regulation for radon under this Act's standard- setting procedures, taking into account the costs and benefits of control programs for radon from other sources; (2) promulgate an NPDW regulation for arsenic by January 1, 2000; (3) jointly conduct a study with the Director of the Centers for Disease Control and Prevention (CDCP Director) to establish a reliable dose-response relationship for potential adverse human health effects from sulfate exposure in drinking water. (Sec. 109) Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant without making a determination as to whether the benefits justify the costs and without performing a health risk reduction and cost analysis to address an urgent public health threat. (Sec. 110) Directs the Administrator: (1) to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a system; and (2) when issuing new regulations, to identify affordable treatment technologies for small public water systems serving populations of 3,300 to 10,000, populations of 500 to 3,300, and populations of 25 to 500. Subtitle B: State Primary Enforcement Responsibility for Public Water Systems - Modifies the Act to grant a State primary enforcement responsibility for systems during any period for which the Administrator determines that such State, not later than two years after NPDW regulations are promulgated, has adopted drinking water regulations which are no less stringent than the NPDW regulations, with two-year extensions permitted under specified circumstances. Specifies that a State with primary enforcement authority with respect to each existing NPDW regulation shall be considered to have primary enforcement authority over each new or revised NPDW regulation during a specified period. Subtitle C: Notification and Enforcement - Modifies the Act to require each system owner or operator to give notice to its customers of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Authorizes States to establish alternative notification requirements. Requires each community water system to issue an annual "consumer confidence report" to its customers. (Sec. 132) Revises enforcement provisions of the Act to require the Administrator to notify an appropriate local elected official prior to taking action to force a system to comply with Act requirements or commencing a civil suit. Requires notice and opportunity for a public hearing in cases where civil penalties are sought. Sets forth provisions regarding: (1) system owner or operator submission of a plan for consolidation, or transfer of ownership, of the system (which, if approved, limits enforcement actions); (2) State authority for administrative penalties; and (3) judicial review. Subtitle D: Exemptions and Variances - Specifies that for systems serving fewer than 3,300 persons, the maximum exemption period from any requirement regarding an MCL, any treatment technique requirement, or both, shall be four years if the State is exercising primary enforcement responsibility and determines that: (1) the system cannot meet the MCL or install Best Available Affordable Technology (BAAT) due to compelling economic circumstances and could not comply with the MCL through the use of alternate water supplies; (2) granting the exemption will provide a drinking water supply that protects public health given the duration of the exemption; and (3) the State has examined the system's technical, financial, and managerial capabilities to operate in, and maintain, compliance with the Act, has determined if management or restructuring changes that will result in compliance or improve the quality of the drinking water can reasonably be made, and, if so, requires such changes and a schedule therefor as a condition of the exemption. Sets forth similar conditions under which a State having primary enforcement responsibility shall grant a system serving 3,300 persons or fewer a variance allowing the use of BAAT where: (1) no best technology or other means is listed under the Act for the applicable category of systems; and (2) the Administrator has identified BAAT for that contaminant pursuant to certain procedures. Subtitle E: Lead Plumbing and Pipes - Modifies the Act to expand lead ban provisions to prohibit: (1) the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux, in the installation or repair of any system or any plumbing in a facility providing water for human consumption that is not lead free; (2) the sale (or other introduction into commerce), two years after enactment, of pipes and pipe or plumbing fittings or fixtures that are not lead free, except for pipes that are used in manufacturing or industrial processing; and (3) persons in the business of selling plumbing supplies, except manufacturers, from selling solder or flux that is not lead free (and requires any person selling solder or flux to label the product to indicate that it is illegal to use such solder or flux in the installation or repair of any plumbing providing water for human consumption). Provides that if voluntary standards for lead leaching from new plumbing fittings and fixtures are not established within one year, the Administrator, within two years, must issue regulations setting a performance standard establishing maximum leaching levels for fixtures intended to dispense water for human consumption (and, alternatively, if regulations are required but not issued within five years, bans the use of such plumbing or fixtures that contain more than four percent lead). Subtitle F: Capacity Development - Requires each State to obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations. Requires each State to: (1) prepare, periodically update, and submit to the Administrator a list of such systems that have a history of significant noncompliance and the reasons for noncompliance; and (2) develop and implement a strategy to assist systems in acquiring and maintaining technical, managerial, and financial capacity. Establishes reporting requirements. Directs the Administrator to support the States in developing capacity development strategies. Title II: Amendments to Part C - Requires the Administrator to: (1) publish guidance for States exercising primary enforcement responsibility for systems to carry out a source water assessment program within the State's boundaries; and (2) conduct a project to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands. Requires the State to make the results available to the public. Sets guidelines for approval and disapproval of State programs. (Sec. 202) Requires each Federal department or agency that owns or operates any facility in a wellhead protection area, that is engaged in any activity at such facility resulting in the contamination of water supplies, or that owns or operates any system to comply with all Federal, State, interstate, and local requirements respecting the protection of such areas and systems. Waives U.S. immunity regarding any such requirement. Authorizes: (1) the Administrator to issue an order assessing a penalty against a Federal agency found to have violated such a requirement; and (2) any interested person to obtain review of a penalty order so issued. Sets forth provisions regarding: (1) limits on State use of funds collected from the Federal Government; and (2) citizen enforcement. Title III: General Provisions Regarding Safe Drinking Water Act - Directs: (1) the Administrator to promulgate regulations specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity systems; and (2) any State exercising primary enforcement responsibility for systems to adopt and implement such requirements within two years, with an exception where the State has an operator certification program in effect on the date of enactment of this Act. (Sec. 302) Authorizes the Administrator to provide technical assistance to small systems to enable them to achieve and maintain compliance with applicable NPDW regulations, which may include preliminary engineering evaluations. Authorizes appropriations. Bars the use of any portion of a State revolving fund (SRF) for lobbying expenses. Directs that three percent of the total amount appropriated be used for technical assistance to systems owned or operated by Indian tribes. (Sec. 303) Authorizes appropriations for the public water system supervision (PWSS) program. Permits the Administrator to: (1) use a State's PWSS funds if the Administrator assumes primary enforcement responsibility for a State program; and (2) reserve a portion of SRFs from such a State if the PWSS grant appropriation is insufficient to fully administer a program in such State. (Sec. 304) Revises monitoring and information gathering requirements of the Act, including: (1) granting the Administrator authority to obtain information on a case-by-case basis to determine whether a person subject to an NPDW regulation has acted or is acting in compliance with such requirements; and (2) requiring every person subject to an NPDW regulation to provide such information as the Administrator may reasonably require to assist in establishing regulations. Directs the Administrator to: (1) review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator and promulgate any necessary modifications; and (2) promulgate regulations establishing criteria for a monitoring program for unregulated contaminants. Grants States exercising primary enforcement responsibility for systems specified interim and permanent monitoring relief authority. Requires the Administrator to review new analytical methods to screen for regulated contaminants. Authorizes the Administrator to approve such methods as are more accurate or cost-effective than established methods for use in compliance monitoring. (Sec. 305) Directs the Administrator to assemble and maintain a national drinking water occurrence data base, using information on the occurrence of both regulated and unregulated contaminants in systems and reliable information from public and private sources. (Sec. 306) Specifies that pending State, as well as Federal, court actions to require compliance with the Act may serve as a bar to civil law suits. (Sec. 307) Modifies the Act regarding whistle blower protection, including: (1) extending the time frame for an employee to file a discrimination complaint; (2) permitting the Secretary to determine that a violation has occurred only if the complainant has demonstrated that the involvement in an enforcement action was a contributing factor in the unfavorable personnel action; and (3) prohibiting relief from being ordered if the employer demonstrates that it would have taken the same personnel action in the absence of such behavior. (Sec. 308) Creates a State Revolving Fund program to provide financial assistance to facilitate compliance with NPDW standards and for projects to further the health protection objectives of the Act. Directs the Administrator to enter into agreements to make capitalization grants to eligible States, contingent upon their establishment of a drinking water treatment revolving loan fund. Sets forth provisions regarding the allocation of funds to States, permissible uses of funds, intended use plans, fund management, assistance for disadvantaged communities, State contributions, administration, a needs survey, allocations for Indian tribes and other areas, and set-asides. Authorizes appropriations. Requires the Administrator to reserve $10 million for health effects studies on drinking water contaminants, giving priority to studies of cryptosporidium, disinfection byproducts, arsenic, and of subpopulations at greater risk of adverse effects. (Sec. 309) Directs the Administrator to publish guidelines for water conservation plans for systems serving fewer than 3,300 persons, serving between 3,300 and 10,000 persons, and serving more than 10,000 persons. Authorizes a State to require a system seeking a loan or grant from an SRF to submit a water conservation plan consistent with such guidelines. Title IV: Miscellaneous - Modifies the definition of: (1) "primary drinking water regulation" to authorize the Administrator, at any time after promulgating a regulation, to issue guidance allowing the use of other equally effective methods to comply with the monitoring requirements of the regulation; and (2) "public water system" to mean a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, subject to specified requirements. (Sec. 402) Authorizes appropriations to carry out the Act. (Sec. 403) Authorizes the Administrator to provide financial assistance to New York State for demonstration projects implemented as part of the New York City watershed protection program. Authorizes appropriations. (Sec. 404) Directs the Administrator to develop and implement a program to identify and regulate substances that may have effects on humans similar to those produced by naturally occurring estrogen or other endocrine effects. Provides authority for the testing of other substances which may be found in sources of drinking water, including where the Administrator determines that a substantial population may be exposed to the substance. Directs the Administrator to order registrants, manufacturers, or importers to conduct tests under the program and submit their results. Provides for suspension of the sale or distribution of a substance by a registrant who fails to comply with a test order concerning that substance. Makes any other person subject to a test order who fails to comply liable for penalties and sanctions as provided in the Toxic Substances Control Act. Sets forth reporting requirements. (Sec. 405) Requires the Administrator to report every two years to the Congress on the implementation of this Act for States and Indian tribes where the Administrator has revoked primary enforcement responsibility. (Sec. 406) Specifies that water supplies from a system regulated under this Act shall not be used in connection with operation of geothermal heat pumps. (Sec. 407) Increases the penalty for violating an emergency order issued under Act provisions involving imminent and substantial endangerment to health. (Sec. 408) Requires the CDCP Director and the Administrator to jointly establish: (1) pilot waterborne disease occurrence studies for at least five major U.S. communities or systems, including a report on the findings and a national estimate of such occurrence; and (2) a national health care provider training and public education campaign. (Sec. 409) Directs the Administrator to conduct a continuing program of studies to identify groups within the general population that are at greater risk than the general population of adverse health effects from exposure to contaminants in drinking water. Authorizes appropriations. (Sec. 410) Modifies the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to: (1) establish standard of quality regulations for bottled water for each contaminant for which an NPDW regulation is issued by the Administrator, unless the Secretary determines that such regulation is not necessary because the contaminant is contained in water in systems but not in water used for bottled drinking water; (2) either promulgate a standard of quality regulation for such contaminants or make a determination that such regulation is unnecessary; and (3) establish a level for the contaminant in bottled water which is no less stringent than the MCL provided in the NPDW regulations for the same contaminant or requirements which are no less protective of public health than those applicable to water provided by systems using the treatment technique required by the NPDW regulation. Specifies that if the Secretary does not promulgate standard of quality regulations within specified time frames, the NPDW regulation for such contaminant shall be considered as the regulation applicable to bottled water.
United States · United States Congress · 2 May 1996
Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) corrective action and compensation programs under State financial responsibility requirements; (3) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (4) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to owner or operator recipients of Trust Fund amounts under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs.
United States · United States Congress · 25 April 1996
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 18 April 1996
Amends the Securities Exchange Act of 1934 to require each issuer of registered securities to afford its shareholders the opportunity to participate in the designation of recipients of the issuer's charitable contributions.
United States · United States Congress · 18 April 1996
Amends the Securities Exchange Act of 1934 to require the issuer of a registered security to disclose to its shareholders the identity and amount of charitable contributions the issuer made during the preceding fiscal year and the identity of the recipients.
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
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 · 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 · 12 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets Subtitle C: 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 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: Certain Requirements for Insurers and HMOs in the Group and Individual Markets - Requires each insurer or HMO that offers health insurance coverage in the small group market in a State to accept every applying small employer and every applying eligible individual. Allows minimum participation or contribution rules. (Sec. 132) Requires an insurer or HMO that offers coverage in the small or large group market to renew or continue the coverage at the option of the employer, except for nonpayment of premiums, fraud, and similar reasons. Allows uniform termination or modification of coverage. (Sec. 141) Requires each insurer or HMO that issues individual health insurance to offer coverage to each individual who previously had group coverage. Prohibits declining issuance based on health status. Allows superseding State mechanisms reasonably designed to meet the goals of guaranteeing coverage to qualifying individuals and assuring that the individuals receive credit for prior coverage toward the new coverage's preexisting condition exclusion period. (Sec. 142) Mandates renewal or continuation of individual coverage, except for nonpayment of premiums, fraud, or similar matters. (Sec. 151) Applies the civil money penalty provisions of subtitle A to subtitle B. Subtitle C: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring (unless a State elects otherwise) that a State plan under title XIX (Medicaid) of the Social Security Act be treated as a group health plan. 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 direct the Secretary of Health and Human Services (HHS), acting through the 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 SSA and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors; (5) issue advisory opinions and special fraud alerts; and (6) 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 below. Makes certain appropriations to the Trust Fund and Account, earmarking specified amounts for activities of HHS' IG with respect to the Medicare and Medicaid programs under, respectively, 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. Eliminates the responsibilities of fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) for carrying out certain activities to the extent such activities are carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of benefits under the Medicare program with respect to each furnished item or service for which payment may be made, whether or not a deductible or coinsurance payment may be imposed against the individual with respect to the item or service. Directs the HHS Secretary to establish a program to encourage individuals to: (1) report information on fraud and abuse under Medicare; 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 reports of fraud or abuse; or (2) any savings resulting from any suggestions that are adopted. (Sec. 204) Amends SSA title XI to extend the 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. (Sec. 205) Directs the HHS Secretary periodically to 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 exclusion; (3) advisory opinions by the Secretary with regard to SSA title XI civil monetary and criminal penalty provisions; 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 subsequent issuance of any 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. 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 (HMOs), in addition to the current option of termination. (Sec. 216) Excepts from anti-kickback penalties for discounting and managed care arrangements any remuneration between an organization and an item or service provider under a written agreement if: (1) the organization is a Medicare-eligible HMO or competitive medical plan; or (2) the written agreement places the item or service provider at substantial financial risk for the cost or utilization of such items or services which it is obligated to provide, whether through a withhold, capitation, or other similar risk arrangement. (Sec. 217) Establishes a criminal penalty 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 the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health care plan to report to the Secretary any final adverse action taken against a health care 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 penalty and other related SSA title XI provisions, among other things: (1) subjecting to civil penalties certain program-excluded individuals who retain an ownership or control interest in a participating entity if they know or should know of the action constituting the basis for the exclusion at the time they violated such provisions; (2) increasing the amounts of various specified penalties and assessments, including those against health care practitioners who fail to comply with their statutory obligations; (3) prohibiting the offering of inducements to individuals enrolled under Medicare or a State health care program, including waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (4) establishing a penalty for false certification for home health services. (Sec. 232) Requires a knowing level of intent in a violation to justify the imposition of civil money penalties. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and to cover health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of health care offenses, and other specified matters related to health care fraud, such as the laundering of monetary instruments. (Sec. 247) Provides for injunctive relief relating to covered 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) to provide for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the overall 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 security and privacy standards, and performance of tasks pursuant to specified requirements, assisted by a new Health Information Advisory Committee established by this Act. (Sec. 252) Establishes penalties for the wrongful disclosure of individually identifiable health information, among other violations of this subtitle.
United States · United States Congress · 7 March 1996
Condemns: (1) the visit of Louis Farrakhan to Libya, Iran, and Iraq; and (2) his statements made during those visits which support the governments of these countries (all of which have been designated by the Secretary of State as state sponsors of terrorism). Calls upon the President to direct appropriate Government agencies to determine if Farrakhan violated any Federal laws by such visits or by actions resulting from agreements or understandings reached during these visits and to vigorously prosecute any such violations.
United States · United States Congress · 7 March 1996
Expresses the sense of the Congress that the People's Republic of China should: (1) reaffirm its commitment to conduct relations with Taiwan by peaceful means; (2) engage in diplomatic negotiations to discuss any disagreement with Taiwan without any threat of military or economic coercion against Taiwan; and (3) immediately live up to its commitment to work for a peaceful resolution of any disagreements with Taiwan and desist from military actions designed to intimidate Taiwan. Calls on Taiwan to adhere to its commitment to negotiate its future relations with the mainland by mutual, not unilateral, decision. Calls for the United States: (1) to maintain its commitment to resist any resort to force or use other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan, consistent with its undertakings in the Taiwan Relations Act; (2) to maintain a naval presence sufficient to keep open the sea lanes in and near the Taiwan Straits; (3) in the face of the several overt military threats by the People's Republic of China against Taiwan, and consistent with the commitment of the United States under the Taiwan Relations Act, to supply Taiwan with defensive weapons systems; and (4) to assist in defending the people of Taiwan against invasion, missile attack, or blockade by the People's Republic of China.
United States · United States Congress · 5 March 1996
Amends title XVIII (Medicare) of the Social Security Act to extend from 15 months to 36 months the maximum period permitted between standard surveys of home health agencies. Revises the statewide average interval between surveys from 12 months to whatever the Secretary of Health and Human Services shall establish consistent with the 36-month maximum interval and the need to assure the delivery of quality home health services. Changes from discretionary to mandatory the Secretary's authority to deem a hospital to have met certain conditions or requirements if the Secretary finds that accreditation by a national accreditation body provides reasonable assurance that such conditions or requirements have been met. Repeals certain other requirements to justify such a "deeming status." Requires the Secretary to treat a Medicare provider (whether hospital, skilled nursing facility, hospice, or other qualified health services facility) as meeting applicable requirements or standards if the entity has been determined to meet them by a national accreditation body that determines compliance in a manner comparable to that in which a State agency would otherwise determine compliance.
United States · United States Congress · 29 February 1996
TABLE OF CONTENTS: Title I: Victim Restitution Act of 1996 Title II: Violent Criminal Incarceration Act of 1996 Subtitle A: Truth in Sentencing Subtitle B: Stopping Abusive Prisoner Lawsuits Subtitle C: Stop Turning Out Prisoners Subtitle D: Enhancing Protection Against Incarcerated Criminals Subtitle E: Prison Conditions Subtitle F: Community Service Projects Subtitle G: Prison Commissary Administration Title III: Criminal Alien Deportation Improvements Act of 1996 Title IV: Local Government Law Enforcement Block Grants Act of 1996 Title V: Effective Death Penalty Act of 1996 Subtitle A: Habeas Corpus Reform Subtitle B: Federal Death Penalty Procedures Reform Crime Prevention and Family Protection Act of 1996 - Title I: Victim Restitution Act of 1996 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Provides that such requirement does not affect the power of the court to impose any other penalty authorized by law. Permits the court, in the case of a misdemeanor, to impose restitution in lieu of any other penalty authorized by law. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Mandates that a restitution order require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources, other assets, projected earnings, other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to multiple victims or other persons who may receive restitution where the identity of such victims and other persons can be reasonably determined; and (2) such in-kind payments may be in the form of the return or replacement of property or the provision of services. Provides that when the court finds that: (1) more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Title II: Violent Criminal Incarceration Act of 1996 - Subtitle A: Truth in Sentencing - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States (and to eligible States organized as a regional compact) to build, expand, and operate: (1) space in correctional facilities in order to increase prison bed capacity for persons convicted of a serious violent felony; and (2) temporary to permanent correctional facilities, including facilities on military bases and boot camp facilities, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for persons convicted of a serious violent felony. Permits such grants to be used to build, expand, and operate secure youth correctional facilities. Limits eligible States to receiving either a general grant or a truth-in-sentencing incentive grant. Requires a State, to be eligible to receive general grant funds, to submit to the Attorney General an application that provides assurances (general grant requirements) that since 1993 such State has increased: (1) the percentage of convicted violent offenders sentenced to prison; (2) the average prison time actually to be served by such offenders; and (3) the percentage of sentence actually to be served in prison by violent offenders. Requires a State, to be eligible to receive truth-in-sentencing incentive grants, to submit to the Attorney General an application that provides assurances that the State has enacted laws and regulations which include: (1) truth-in-sentencing laws which either currently require or, within three years, will require that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing; (2) laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any post-conviction release; and (3) laws requiring that the releasing authority notify the victims of serious violent felons or the family of such victims and the convicting court regarding the release of a defendant. Requires a State, to be eligible to receive general grants or truth-in-sentencing grants under this Act, to provide an assurance to the Attorney General that: (1) inmate labor will be used to build and expand correctional facilities; (2) each State will involve counties and other local governments in the construction, development, expansion, modification, operation, or improvement of correctional facilities designed to ensure the incarceration of offenders and will share funds received under this subtitle with any county or other local government that is housing State prisoners, taking into account the burden placed on such local government in confining prisoners due to overcrowding in State prison facilities in furtherance of the purposes of VCCLEA; (3) the State has implemented or will implement (within 18 months) policies to determine the veteran status of inmates and to ensure that incarcerated veterans receive the veterans benefits to which they are entitled; and (4) the State has adopted procedures for the collection of reliable statistical data which compiles the rates of serious violent felonies before and after the receipt of general grant or truth-in-sentencing grant funds and will report such statistical data to the Attorney General if not already provided. Specifies that beginning in FY 1998, 15 percent of the funds that would otherwise be available to a State as general grants or truth-in-sentencing grants shall be withheld from any State which does not have an eligible system of consequential sanctions for juvenile offenders. Makes a State eligible for grants under this title notwithstanding the general grant requirements if the State practices indeterminant sentencing and the average times served in such State for murder, rape, robbery, and assault exceed the national average of times served for such offenses by ten percent or more. Allows a State to use up to 15 percent of the funds provided under this title for jail construction if the Attorney General determines that the State has enacted legislation that provides for pretrial release requirements at least as restrictive as those found in the Federal criminal code or legislation that prohibits an individual charged with an offense for which a sentence of more than one year may be imposed or involving violence against another person from being released before trial without a financial guarantee to ensure appearance before trial. Provides that the Governor of the State may allow for earlier release of a geriatric prisoner or a prisoner whose medical condition precludes the prisoner from posing a threat to the public after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard. Permits a State that otherwise meets the requirements of this title and that certifies to the Attorney General that exigent circumstances require that it expend funds to confine juvenile offenders, to use funds received under this title to build, expand, and operate juvenile correctional facilities or pretrial detention facilities for such offenders. Sets forth provisions regarding: (1) the formula for determining the amount of funds that each State may receive; (2) accounting, audit, and reporting requirements (including a requirement that States receiving funds under this title require that the appropriate public authorities report to the Attorney General the death of each individual while in a municipal or county jail, State prison, or other similar place of confinement and that the Attorney General annually publish a report on such deaths); and (3) limitations on funds. Authorizes appropriations. Sets forth provisions regarding: (1) the transfer and use of unallocated funds; and (2) the reservation of funds for payments to States for the incarceration of criminal aliens. Directs the Attorney General to give preference for specified payments under the Immigration and Nationality Act (INA) to States and political subdivisions which are ineligible for payments for incarceration of criminal aliens under this Act. Subtitle B: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime and confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. (Sec. 212) Requires the court to dismiss any such action if satisfied that the action: (1) fails to state a claim upon which relief can be granted; or (2) is frivolous or malicious. (Sec. 213) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 214) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel at any time. Requires (current law authorizes) the court to dismiss a proceeding in forma pauperis if the allegation of poverty is untrue or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Subtitle C: Stop Turning Out Prisoners - Revises provisions of VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees. Subtitle D: Enhancing Protection Against Incarcerated Criminals - Amends the Federal criminal code to require the Bureau of Prisons to ensure that: (1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their fighting ability; and (2) all equipment designed for increasing the strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau (Director). Subtitle E: Prison Conditions - Directs the Attorney General to establish standards regarding conditions in the Federal prison system that provide prisoners the least amount of amenities and personal comforts consistent with constitutional requirements and good order and discipline in the Federal prison system. (Sec. 242) Requires the Director to report annually to the Congress on the amount spent at each Federal correctional facility under the Bureau's jurisdiction for: (1) the minimal requirements necessary to maintain custody and security of prisoners; (2) basic nutritional needs; (3) essential medical services; and (4) amenities and programs beyond the scope of such items. Subtitle F: Community Service Projects - Amends the Federal criminal code to authorize the Chief Executive Officer of a Federal penal or correctional facility, as part of an inmate work program, to provide services to private, nonprofit organizations or to a component of any State government or political subdivision thereof which shall: (1) be used only for the benefit of the recipient entity; and (2) not displace an employee of the recipient or result in a reduction in hours, wages, or employment benefits of any employee of the recipient. Subtitle G: Prison Commissary Administration - Amends the Federal criminal code to authorize the Director to establish, operate, and maintain commissaries in Federal penal or correctional facilities to provide or make available to inmates articles and services authorized by the Director. Establishes in the Treasury the Prison Commissary Fund. Requires revenues from commissary articles and services to be deposited in the Fund which shall be available for the payment of any expenses incurred by the Bureau in establishing, operating, and maintaining prison commissaries and the Fund. Authorizes the Director to use monies from the Fund for the general welfare of inmates. Title III: Criminal Alien Deportation Improvements Act of 1996 - Amends INA, as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony" to include various offenses including: (1) commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of five or more years' imprisonment may be imposed; (2) perjury or subornation of perjury for which a sentence of five or more years' imprisonment may be imposed; and (3) failure to appear before a court pursuant to a court order to answer or dispose of a charge of a felony for which a sentence of two or more years' imprisonment may be imposed. (Sec. 302) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 303) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 304) Limits collateral attacks on deportation orders. (Sec. 305) Amends VCCLEA to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service. (Sec. 306) Amends Federal criminal law to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations provisions; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 308) Revises criteria under INA for deportation for crimes of moral turpitude to cover certain aliens convicted of a crime for which a sentence of one year or longer may be imposed. (Sec. 309) Makes local governments eligible for specified alien incarceration reimbursement assistance under VCCLEA. (Sec. 310) Amends INA to permit the use of electronic and telephonic media in deportation hearings. (Sec. 312) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 313) Directs the Attorney General to designate a Department of Justice office which shall provide States and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 314) Advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 315) Directs the Attorney General and the Commissioner to develop an interior (home country) repatriation program. (Sec. 316) Amends INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. Title IV: Local Government Law Enforcement Block Grants Act of 1996 - Amends VCCLEA to replace provisions of title I setting forth the Public Safety Partnership and Community Policing Act of 1994 with a local law enforcement block grant program. Requires the Director of the Bureau of Justice Assistance (BJA) to pay to qualifying local governments specified sums for reducing crime and improving public safety, including sums for: (1) hiring, training, and employing on a continuing basis new, additional law enforcement officers and support personnel; (2) paying overtime to increase the number of hours worked by presently employed officers and support personnel; (3) procuring equipment, technology, and other material directly related to basic law enforcement functions; (4) enhancing security measures in and around schools and any other facility or location which is considered by the unit of local government to have a special risk for incidents of crime; (5) establishing crime prevention programs that may involve, though not exclusively, law enforcement officials and that are intended to discourage, disrupt, or interfere with the commission of criminal activity; (6) establishing or supporting drug courts; (7) establishing early intervention and prevention programs for juveniles to reduce or eliminate crime; (8) enhancing the adjudication process of cases involving violent offenders, including the adjudication process of cases involving violent juvenile offenders; (9) enhancing programs under the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) drug control and system improvement grant program; (10) establishing cooperative task forces between adjoining local governments to work cooperatively to prevent and combat criminal activity, particularly criminal activity that is exacerbated by drug- or gang-related involvement; and (11) establishing a multijurisdictional task force, particularly in rural areas, composed of local law enforcement officials, that works with Federal law enforcement officials to prevent and control crime. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of funds for such purposes essential to the maintenance of public safety and good order. Sets forth provisions regarding: (1) the timing of payments; (2) payment adjustments; (3) reservation of sums for adjustments; (4) repayment of unexpended amounts; (5) requirements that such funds not be used to supplant State or local funds; (6) matching funds; (7) oversight accountability and administration; and (8) technology assistance. Authorizes appropriations. Prohibits a local government from expending any of the funds provided under this title to purchase, lease, rent, or otherwise acquire tanks or armored personnel carriers, fixed wing aircraft, limousines, real estate, yachts, consultants, or vehicles not primarily used for law enforcement unless the Attorney General certifies that extraordinary and exigent circumstances make the use of funds for such purposes essential to the maintenance of public safety and good order. Requires the Director to: (1) establish procedures under which a local government is required to provide notice to the Director regarding the proposed use of funds made available under this title; and (2) establish a process for the ongoing evaluation of projects developed with such funds. Sets forth provisions regarding: (1) general qualification requirements; (2) sanctions for noncompliance; (3) maintenance of effort requirements; (4) the allocation and distribution of funds, including resolution of disparate allocations and unavailability and inaccuracy of information; (5) the use of funds to contract with private, nonprofit entities or community-based organizations; and (6) public participation. (Sec. 402) Repeals VCCLEA provisions regarding: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive block grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police retirement; (7) the Local Partnership Act; (8) the National Community Economic Partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; and (12) gang resistance and education training. Title V: Effective Death Penalty Act of 1996 - Subtitle A: Habeas Corpus Reform - Chapter 1: Post Conviction Petitions: General Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners, running from the latest of the time at which: (1) the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (2) the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed where the applicant was prevented from filing by such State action; (3) the Federal right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence. Specifies that time that passes during the pendency of a properly filed application for State review with respect to the pertinent judgment or claim shall not be counted toward any period of limitation. (Sec. 502) Vests authority to issue certificates of probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits a certificate of probable cause to issue only if the petitioner has made a substantial showing of the denial of a Federal right. Specifies that such certificate must indicate which specific issue or issues satisfy this standard. (Sec. 504) Permits the denial of a habeas corpus petition on the merits, notwithstanding the failure of the applicant to exhaust State court remedies. Specifies that a State shall not be deemed to have waived the exhaustion requirement or estopped from reliance upon the requirement, unless, through its counsel, it expressly waives the requirement. Prohibits an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court from being granted with respect to any claim that was decided on the merits in State proceedings, unless the adjudication of the claim resulted in a decision that was based on an arbitrary or unreasonable: (1) interpretation of clearly established Federal law as articulated in U.S. Supreme Court decisions; (2) application to the facts of clearly established Federal law as articulated in such decisions; or (3) determination of the facts in light of the evidence presented in the State proceeding. (Sec. 505) Imposes a two-year period of limitation for filing for collateral relief by Federal prisoners, running from the latest of the time at which: (1) the judgment of conviction becomes final; (2) the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed where the movant was prevented from making a motion by such governmental action; (3) the right asserted was initially recognized by the Supreme Court where the right has been newly recognized by the Court and is retroactively applicable; and (4) the factual predicate of the claim presented could have been discovered through the exercise of reasonable diligence. Chapter 2: Special Procedures for Collateral Proceedings in Capital Cases - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases, including provisions regarding: (1) the appointment of counsel; (2) stays of execution, limits on stays, and successive petitions; and (3) time requirements and tolling rules. Directs the district court, whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this subtitle applies, to consider only claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is: (1) the result of State action in violation of the Constitution or laws of the United States; (2) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or (3) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review. Prohibits an appeal from being taken to the court of appeals from the final order of a district court denying relief in a habeas corpus proceeding that is subject to this subtitle unless a circuit justice or judge issues a certificate of probable cause. Specifies that such a certificate may only be issued if the petitioner has made a substantial showing of the denial of a Federal right and must indicate which specific issue or issues satisfy this standard. Sets forth provisions regarding limitation periods for determining petitions. Requires the Administrative Office of the United States Courts to report annually to the Congress on court compliance with the time limits established by this title. Chapter 3: Funding for Litigation of Federal Habeas Corpus Petitions in Capital Cases - Amends the Omnibus Act to require the Director of BJA to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Subtitle B: Federal Death Penalty Procedures Reform - Revises VCCLEA provisions regarding the conduct of a special hearing to determine whether a death sentence is justified, to require the jury (or if there is no jury, the court) to consider whether the aggravating factors found to exist outweigh any mitigating factors and to recommend such sentence if it unanimously finds at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. Directs that the jury be instructed that: (1) it must avoid any influence of sympathy, sentiment, passion, prejudice, or other arbitrary factors in its decision and should make such a recommendation as the information warrants; and (2) its recommendation is to be based on the aggravating factors and any mitigating factors which have been found, but that the final decision concerning the balance of aggravating and mitigating factors is a matter for the jury's judgment.
United States · United States Congress · 28 February 1996
TABLE OF CONTENTS: Title I: Transition from Federal Funding Subtitle A: Public Broadcasting Station Opportunities Subtitle B: Corporation for Public Broadcasting Financial Flexibility Title II: Privatization of the Corporation for Public Broadcasting Public Broadcasting Self-Sufficiency Act of 1996 - Title I: Transition from Federal Funding - Subtitle A: Public Broadcasting Station Opportunities - Amends the Communications Act of 1934 (the Act) to state that a prohibition against a public broadcasting station (PBS) making or broadcasting advertisements shall not prohibit a PBS from broadcasting: (1) well-established corporate logos or slogans, even if they include a call to action by viewers or listeners; or (2) strictly quantifiable comparative descriptions of products or services or their providers. Allows a noncommercial educational broadcast station to broadcast programs produced or furnished by, or at the expense of, persons other than the licensee and to receive compensation for such broadcasts. (Sec. 104) Authorizes the licensees or permittees of a commercial and a public broadcast television (TV) station to jointly petition the Federal Communications Commission (FCC) to request an exchange of TV channels. Requires the FCC to act on such petition within 90 days, taking into account specified considerations. (Sec. 105) Authorizes the licensees of two overlapping stations, subject to specified requirements and limitations, to operate one such station for remunerative purposes, including the transmission of commercial TV programming originated by such licensee or by another party and the transmission of subscription TV or pay-per-view services. Provides remunerative use conditions. Directs the FCC to approve the sale of an overlapping station to one of the parties, upon application, for the operation of such station as a commercial TV station, under specified conditions. Subtitle B: Corporation for Public Broadcasting Financial Flexibility - Sets forth purposes of the Corporation for Public Broadcasting, including promoting the delivery of local public telecommunications services which advance education, support culture, and foster American citizenship. Authorizes appropriations through FY 2000 for the Public Broadcasting Fund, to be available on a fiscal year basis. Directs the Corporation, through September 30, 2000 (transition period), to establish an annual budget for use in allocating amounts from the Fund. Prohibits more than five percent of all amounts appropriated into the Fund for allocation for any fiscal year from being used for administrative expenses, with 75 percent of the remainder allocated for public TV broadcasting and 25 percent for public radio broadcasting. Requires during the transition period: (1) public meetings preceded by reasonable notice before the awarding of public television or radio grants; (2) public access to financial reports of a public telecommunications entity; and (3) the Corporation to ensure that financial support is given on a one-station-per-market basis. Limits the rates of pay of employees of the Public Broadcasting Service and National Public Radio (PBS and NPR). Establishes the Public Broadcasting Satellite Interconnection Fund, requiring PBS and NPR to prepare a final report for the Congress on the status of the Fund. Title II: Privatization of the Corporation for Public Broadcasting - Provides membership requirements for members of the Corporation's Board of Directors who are chosen during the transition period, including the required experience. Repeals, upon the termination of the transition period, various provisions relating to the organization and duties of the Corporation. (Sec. 202) Amends the Act to direct the Corporation to establish a trust fund for the investment and management of funds to support public broadcasting, with specified fund income requirements. Directs the Corporation to ensure that where more than one public television station serves a community, the total trust fund grants provided to those stations are not more than would be provided if such community was served by a single station. Authorizes the Corporation to expend up to 25 percent of trust fund income for TV and radio program production. Authorizes the FCC to allocate by means of competitive bidding the initial licenses and construction permits for the use of the electromagnetic spectrum reserved for noncommercial education TV stations as of the enactment of this Act and for which no application has been accepted. Outlines bidding requirements. Authorizes appropriations received from such bidding (not to exceed $1 billion) to the trust fund. Authorizes the FCC to compensate licensees relinquishing their stations for allocation by such bidding. Directs the Secretary of the Treasury, before making any appropriated funds available to the Corporation, to take specified action to verify Corporation compliance with trust fund requirements. Directs the Corporation to submit to the Congress an annual statement on the financial condition of the trust fund.
United States · United States Congress · 27 February 1996
Patient Right to Know Act of 1996 - Prohibits an entity offering a health plan from: (1) providing, in any contract or agreement with a health care provider, any restriction on or interference with any medical communication; or (2) taking retaliatory action against a provider on the basis of a medical communication. Defines "medical communication" as being between a provider and: (1) a current, former, or prospective patient; (2) any employee or representative of the entity; or (3) any representative of any State or Federal authority with responsibility for licensing or oversight regarding the entity or plan. Mandates civil money penalties. Allows State requirements more protective of medical communications than the requirements of this Act.
United States · United States Congress · 27 February 1996
Securities and Exchange Commission Authorization Act of 1996 - Authorizes appropriations for the Securities and Exchange Commission (SEC) for FY 1997. (Sec. 4) Amends the Securities Act of 1933 to require the SEC to collect securities registration fees that are designed to recover the costs to the Government of the securities registration process, and costs related to such process, including enforcement activities, policy and rulemaking activities, administration, legal services, and international regulatory activities. Revises the registration fee formula, increasing the minimum fee from $100 to $200, with a reduction to $182 beginning FY 2002. States that such fee shall be the sum of a general revenue fee and an offsetting collection fee. Sets the general revenue fee at $200 for each $1 million of the maximum aggregate price at which the securities in question are sold (reduced to $182 per $1 million beginning FY 2002). Schedules the offsetting collection rate for each $1 million of the maximum aggregate sales price of the securities in question in declining specified levels from $103 in FY 1997 to $17 in FY 2000, and zero in each succeeding fiscal year. Declares: (1) that no offsetting collection fees shall be collected for any fiscal year except to the extent provided in advance in appropriations Acts; and (2) that such fees collected during any fiscal year shall be deposited and credited as offsetting collections in accordance with appropriations Acts. States that, if on the first day of a fiscal year a regular appropriation to the SEC has not been enacted, the SEC shall continue to collect offsetting collections fees at the preceding fiscal year rate, until such regular appropriation is enacted. (Sec. 5) Amends the Securities Exchange Act of 1934 to revise annual transaction fees that national securities exchanges and registered brokers and dealers must pay the SEC. Requires the SEC to collect transaction fees that are designed to recover the costs to the Government of the supervision and regulation of securities markets and securities professionals, and costs related to such supervision and regulation, including enforcement activities, policy and rulemaking activities, administration, legal services, and international regulatory activities. Requires every national securities exchange to pay the SEC an annual exchange-traded securities fee at a rate of $33 for each $1 million (reduced in FY 2002 to $25 per $1 million) of the aggregate dollar amount of sales of securities (other than bonds, debentures, and other evidences of indebtedness) transacted on such exchange. Eliminates specific reference to registered brokers and dealers. Requires every national securities association to pay the SEC an annual off-exchange-trade fee at a rate of $33 for each $1 million (reduced in FY 2002 to $25 per $1 million) of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange of securities registered on such an exchange (other than bonds, debentures, and other evidences of indebtedness). Requires every national securities association to pay the SEC an annual fee for off-exchange-trades of last-sale-reported securities at a specified rate (determined according to a certain schedule) for each $1 million of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange of securities (other than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting under SEC rules or the rules of a registered national securities association. Excludes from such fee any sales for which a regular off-exchange-trade fee is paid. Schedules the rate per $1 million for fees for off-exchange-trades of last-sale-reported securities in specified rising levels from $12 in FY 1997 to $25 in FY 2002 and each succeeding fiscal year. Declares that no offsetting collection fees shall be collected for any fiscal year before FY 2002 except to the extent provided in advance in appropriations Acts. States that any such fees collected during any fiscal year, except in excess of certain levels, shall be deposited and credited as offsetting collections to the account providing appropriations to the SEC. Requires deposit and crediting as general revenues of the Treasury of total annual amounts of fees for off-exchange-trades of last-sale-reported securities: (1) exceeding specified levels ranging from $20 million in FY 1997 up to $32 million in each of FY 1999 through 2001; and (2) any such amount collected for FY 2002 and succeeding fiscal years. States that, if on the first day of a fiscal year a regular appropriation to the SEC has not been enacted, the SEC shall continue to collect fees for off-exchange-trades of last-sale-reported securities (as offsetting collections) at the preceding fiscal year rate, until such regular appropriation is enacted. Sets forth annual due dates for all fees. Requires annual publication of fee rates in the Federal Register. (Sec. 6) Declares the sense of the Congress that: (1) the fees authorized by this Act are in lieu of, and not in addition to, any other specified fees and charges for Government services and things of value that the Securities and Exchange Commission is authorized to impose or collect; and (2) in order to maintain the competitiveness of U.S. securities markets relative to foreign markets, no fee should be assessed on transactions involving portfolios of equity securities taking place at times of day characterized by low volume and during non-traditional trading hours.
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 · 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 · 22 December 1995
Expresses the sense of the Congress that Canada should eliminate its tolls along the St. Lawrence Seaway and join with the United states in identifying ways to maximize the movement of goods and commerce through the Seaway.
United States · United States Congress · 21 December 1995
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial yellowfin tuna fishing. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill or serious injury to insignificant levels approaching zero be satisfied by the best safety techniques and equipment economically and technologically practicable. Modifies requirements regarding export by another nation to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean. Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals. Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe," including allowing such labeling if (among other qualifying circumstances): (1) with regard to harvesting in the eastern tropical Pacific Ocean, the vessel's captain and a Program-approved observer state that no dolphins were killed during the sets in which that tuna was caught; and (2) with regard to harvesting outside the eastern tropical Pacific Ocean, the vessel's captain (or in certain circumstances the captain and an observer) state that no purse seine net was intentionally deployed on or to encircle dolphins during the voyage. Mandates implementing regulations, including regulations addressing the use of weight calculation and well location. (Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program. Mandates regulations to authorize and govern the incidental taking of marine mammals in the eastern tropical Pacific Ocean, including any species designated as depleted under the Marine Mammal Protection Act of 1972 but not listed as endangered or threatened under the Endangered Species Act. Authorizes emergency regulations in certain circumstances. Requires undertaking or supporting scientific research to further the Program's goals. Repeals existing research program provisions. Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting of tuna. Replaces provisions concerning permits for taking dolphins with provisions mandating issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the eastern tropical Pacific Ocean yellowfin tuna fishery without such a permit. Authorizes permit sanctions for violations of prohibited acts provisions of the Act. Modifies the list of prohibited acts. (Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee.
United States · United States Congress · 14 December 1995
Declares that any officer or employee of the U.S. Government or of the District of Columbia (D.C.) government who is permitted or required to serve during the period of any lapse in appropriations for the officer's or employee's agency shall be compensated at the standard rate for such period. Declares that any U.S. or D.C. officer or employee furloughed during any such period shall not be entitled to basic pay with respect to any portion of such period, except that any such person willing and able to serve during the period shall be permitted to serve, and shall be compensated accordingly.
United States · United States Congress · 13 December 1995
Authorizes an officer or employee of the U.S. Government or of the District of Columbia (D.C.) government to accept the voluntary services of a Federal or a D.C. government employee, as the case may be, who has been furloughed due to a lapse in appropriations.
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.
![Official portrait of Rep. Gillmor, Paul E. [R-OH-5]](https://www.congress.gov/img/member/g000210_200.jpg)