United States · United States Congress · 7 January 1997
Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
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
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Provides that failure to comply shall give rise to a point of order in either House of Congress.
United States · United States Congress · 7 January 1997
Clean Sweep Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to require that the majority of a House of Representatives candidate's contributors (with respect to an election cycle) reside in the congressional district involved. Excepts contributions from a national, State, district, or local political party committee (including any subordinate committee thereof). (Sec. 3) Bans Federal election activities by political action committees. (Sec. 4) Limits contributions or loans of the personal funds of a House candidate (including funds of members of the candidate's immediate family) during a calendar year which in the aggregate exceed $50,000. (Sec. 5) Requires that amounts paid by the national, State, or local political party committee (including a subordinate committee thereof) for mixed political activities: (1) shall be subject to limitation and reporting requirements as if such payment were an expenditure; and (2) may be paid only from an account that is subject to the requirements of FECA. (Sec. 6) Sets forth provisions concerning eligibility and certification for reduced broadcast rates for House candidates who limit the total amount of expenditures made during an election cycle. Imposes a penalty upon a candidate who makes expenditures in excess of the limit. Amends the Communications Act of 1934 to entitle certified candidates to receive free broadcast time from broadcasting stations within the candidate's State or an adjacent State, except where only one candidate qualifies to be on the ballot. Exempts certain licensees. (Sec. 7) Amends FECA to prohibit contributions by an individual who is not a citizen of the United States. (Sec. 8) Bans any contribution of U.S. or foreign currency to any candidate or political committee with respect to any Federal election campaign. (Sec. 9) Revises Federal law relating to mass mailings sent by House members. (Sec. 10) Directs the Committee on House Oversight to submit a report to the President and the Congress analyzing the effects of changes made by this Act on the first general elections for the House which are held after December 31, 1998.
United States · United States Congress · 7 January 1997
Inspector General for Medicare and Medicaid Act of 1997 - Establishes an independent executive branch Office of the Inspector General for the Medicare and Medicaid Programs to supervise, oversee, and audit the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act. Amends the Inspector General Act of 1978 with regard to such office, among other things extending its duties to the prevention and detection of waste, fraud, and abuse under such programs. Authorizes appropriations.
United States · United States Congress · 7 January 1997
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to direct that in any proceeding where the taxpayer is not precluded from using the cash receipts and disbursements accounting method, the burden of proof shall be placed upon the Secretary of the Treasury to prove that such method does not clearly reflect income.
United States · United States Congress · 7 January 1997
Capitol Visitor Center Authorization Act of 1997 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission (Commission), to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the East Plaza and its environs to enhance its attractiveness, safety, and security. Requires that the design of the Capitol Visitor Center shall be substantially in accordance with the Final Design Report dated November 10, 1995, submitted by the AOC to specified congressional committees. Authorizes and directs the AOC to finance and develop the project in accordance with this Act. Directs the AOC to develop and submit to the Commission for approval a plan that will enable the construction of the project to be completed without the appropriation of funds to the legislative branch for such purpose. Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account. Authorizes the AOC to establish competitive procedures for work to carry out the project by the use of prequalification standards, and to award contracts on the basis of contractor qualifications as well as price. States that such procedures and contract awards shall be final and conclusive upon all officers of the Government. Amends the Arizona-Idaho Conservation Act to authorize the Commission to establish a special committee to provide the AOC with all necessary oversight and direction. Repeals the provisions of title III of the National Visitor Center Facilities Act of 1968 to the extent that such provisions are inconsistent with the provisions of the plan approved under this Act.
United States · United States Congress · 7 January 1997
Higher Education Amendments of 1998 - Extends through FY 2004 the authorization of appropriations for, and the duration of, each program conducted under the Higher Education Act of 1965 (HEA). Provides for continuation of specified authorization amounts and of certain required functions of the Secretary of Education with respect to such HEA programs.
United States · United States Congress · 7 January 1997
Small Business Regulatory Assistance Act of 1997 - Amends the Small Business Act to require each participating Federal agency (the Environmental Protection Agency, the Internal Revenue Service, and the Department of Labor), the Office of Small Business Development Centers (Office) of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Requires each participating agency to ensure the nonduplication of compliance assistance efforts. Requires the Office, with the agreement of the association, to develop and publish guidelines for the establishment by SBDCs or by consortia of SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses. Requires annual reports from the Office to the President and the congressional small business committees concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs and consortia, and recommendations for improvements in the regulation of small businesses participating in the system. Requires the Office to provide for an independent third-party evaluation of the system, to be submitted to the President and the small business committees. Provides funding to assist the Office and participating agencies in fostering, promoting, developing, and carrying out the system, including funds for the implementation and administration of worker safety and health compliance assistance plans and regulatory compliance assistance plans for fiscal years 1999 through 2003. Provides funds to each participating SBDC under a population-based funding formula. Exempts such funds from matching requirements. Prohibits the Office from providing any funds to an SBDC or consortia after September 30, 2000, unless such SBDC or consortia has been approved for funding under a certification requirement.
United States · United States Congress · 7 January 1997
Capital Gains Tax Reduction Act of 1997 - Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for both individuals and corporations. Provides for the indexing of assets for determining gain or loss.
United States · United States Congress · 7 January 1997
TABLE OF CONTENTS: Title I: Amendments to the Individuals with Disabilities Education Act Title II: Miscellaneous Provisions IDEA Improvement Act of 1997 - Title I: Amendments to the Individuals with Disabilities Education Act - Revises the Individuals with Disabilities Education Act (IDEA) to allow States to extend use of the developmental delay category of eligibility for children up to age nine. (Sec. 101) Eliminates certain provisions for: (1) acquisition of equipment and construction; and (2) removal of architectural barriers. Revises the program of assistance for education of all children with disabilities. Revises the funding formula for allotments to States. Provides for increases in allotments over a transition period of FY 1998 through 2006. Bases the new formula on a State's: (1) child population; and (2) child poverty. Authorizes appropriations. Sets forth requirements for least restrictive environment in placement of students. Requires States to use methods of distributing IDEA funds that ensure compliance with such requirements. Allows a public agency to reduce or deny reimbursement to parents of a child placed in a private school without the public agency's consent or referral if: (1) the parents (with specified exceptions) did not notify the agency of the intended placement, with a written statement of their concerns, at least ten days before the child's removal from public school; (2) the parents did not make the child available for a local educational agency (LEA) initial assessment and evaluation before the child's removal from public school and enrollment in private school; or (3) it is so ruled at the judge's discretion. Allows an LEA to reduce its level of special education expenditures under specified limited circumstances. Allows commingling of Federal and State special education funds under certain circumstances. Authorizes the Secretary to modify certain LEA requirements for ten designated LEAs or groups of LEAs which endeavor to achieve innovative delivery of services. Revises provisions for evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Grants parents a right to refuse an initial evaluation of a referred child's need for special education services. Authorizes the LEA, in such a circumstance, to utilize certain mediation and due process procedures to resolve the dispute. Prohibits construing the parents' consent for a child's evaluation as consent for placement for receipt of special education and related services. Requires, in the cases of children whose behavior impedes their own or others' learning, the IEP Team to consider strategies, including behavioral management plans, to address that behavior. Includes the following categories of behavior, at school or a school function, among those for which school personnel may order removal of a child with a disability from the classroom, and placement in an alternative educational setting, for an additional 45 days over the regular ten-day limit for such a removal: (1) carrying any weapons (current law only covers firearms); (2) having, using, soliciting sale of, or selling medications or illegal drugs; and (3) causing serious physical or emotional injury as a result of physical or verbal assault. Authorizes a hearing officer to order such a change of placement for up to 45 days if there is substantial evidence that maintenance of the current placement is substantially likely to result in injury to the child or to others. Requires an IEP Team to review whether the child's inappropriate action was a manifestation of the disability, including review of the technical soundness of the behavior management plan. Allows change of placement, with the parents' agreement, if the behavior is a result of the disability. Provides for an immediate appeal to the hearing officer if the parents disagree with the determination or the changed educational placement. Allows application to children with disabilities of the same relevant disciplinary procedures applicable to children without disabilities, if the behavior is determined to be not a manifestation of the disability. Allows a due process hearing if the parents disagree with such application of discipline. Requires States and LEAs receiving IDEA assistance to offer parents voluntary mediation procedures for disputes over provision of free appropriate public education to children with disabilities. Requires all parties in a dispute to disclose, for review, to all other parties evaluations and recommendations intended for use at the hearing. Revises the program for infants and toddlers with disabilities, repealing a requirement that all State policies and assurances pertaining to programs for infants and toddlers with disabilities be filed with every application to the Department of Education. Authorizes appropriations for FY 1998 through 2002. Provides for national activities to improve education of children with disabilities, replacing current provisions for training personnel for the education of individuals with disabilities, and consolidating as discretionary programs certain current programs. Authorizes: (1) the Secretary to carry out various national research and improvement activities; (2) States to apply for improvement grants upon certification that a collaborative process with specified types of participants has been used in developing the State improvement plan for special education and early intervention systems; and (3) the Secretary to make grants to and contracts with parent organizations to support parent training and information centers, as well as provide technical assistance for such centers' programs. Authorizes appropriations for FY 1998 through 2002. Authorizes the Secretary to make personnel development grants and contracts for: (1) various activities of national significance relating to development of personnel to work with children with disabilities; (2) professional development for personnel who will provide educational and related services to children with low-incidence disabilities, and personnel who will provide early intervention services to infants and toddlers with disabilities; and (3) preparation of leadership personnel. Directs the Secretary to develop a plan for providing outreach services to increase the participation in competitions for such personnel development grants and contracts by: (1) Historically Black Colleges and Universities and other higher education institutions with at least 25 percent minority enrollment; (2) specified eligible institutions under provisions of the Higher Education Act of 1965 for strengthening institutions with high enrollments of needy students; (3) nonprofit and for-profit agencies at least 51 percent owned or controlled by one or more minority individuals; and (4) underrepresented populations. Title II: Miscellaneous Provisions - Amends the Elementary and Secondary Education Act of 1965 to provide for coordination of schoolwide programs with those under IDEA. (Sec. 203) Repeals specified parts of IDEA superseded by this Act.
United States · United States Congress · 7 January 1997
States that a prohibition on the concurrent award of veterans' disability compensation and military retired pay shall not apply to a person who has a service-connected disability if: (1) the person completed at least 20 years of retirement-creditable military service; and (2) the disability was incurred or aggravated in the line of duty and is rated at not less than 70 percent.
United States · United States Congress · 7 January 1997
Working Families Flexibility Act of 1997 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to a collective bargaining agreement with employee representatives, or, where there is no recognized labor organization, pursuant to an agreement with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue. Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.
United States · United States Congress · 7 January 1997
Deficit Reduction Lock-box Act of 1997 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to maintain a Deficit Reduction Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the CBO Director, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. Requires a running tally to be available to Members of the House of Representatives, during the consideration of any appropriations bill by the House, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. Requires the Director of the Congressional Budget Office to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. Requires the downward adjustment of discretionary spending limits by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year.
United States · United States Congress · 7 January 1997
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 7 January 1997
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 7 January 1997
Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.
United States · United States Congress · 7 January 1997
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
Provides that any amount remaining unobligated in the Representational Allowance of any Member of the House of Representatives at the end of the session of Congress or other period for which the allowance is made available shall be returned to the Treasury to be used for deficit reduction.
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
Amends the Child Nutrition Act of 1966 to reduce funding for the nutrition education and training program for FY 1997 and each succeeding fiscal year. Reduces funding, for FY 1997, for the: (1) emergency food assistance program; and (2) school meals initiative for healthy children.
United States · United States Congress · 28 September 1996
Amends the Internal Revenue Code to allow an elected tax collector to: (1) deduct certain expenses; and (2) participate in a Keogh plan if not a participant in a State or local governmental retirement plan.
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
United States · United States Congress · 27 September 1996
Justice on Time Act of 1996 - Amends the National Labor Relations Act to require the National Labor Relations Board to resolve unfair labor practice complaints within 365 days after filing.
United States · United States Congress · 5 September 1996
TABLE OF CONTENTS: Title I: Foreign Relations Provisions Title II: Foreign Assistance Provisions Human Rights Restoration Act of 1996 - Title I: Foreign Relations Provisions - Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to revise provisions authorizing the charging of fees for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. Changes the use of such fees, for FY 1996 and 1997, from recovering the costs of consular services to recovering the costs of the Department of State's border security program. Repeals the prohibition against charging such fees to a citizen of a country signatory to the North American Free Trade Agreement (NAFTA). (Sec. 102) Directs the President to report semiannually to the appropriate congressional committees on: (1) methods employed by Cuba to enforce the United States-Cuba agreement of September 1994 to restrict Cuban immigration to the United States; and (2) the treatment of such people by Cuba who have returned there pursuant to the United States-Cuba agreement of 1995. (Sec. 103) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1997 the special allocation of 1,000 admissions into the United States per year of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania who have been persecuted for participation in the Ukrainian Catholic or Orthodox churches. Extends through FY 1997 the period for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia to be paroled into the United States after denial of refugee status for purposes of qualifying for adjustment of status to permanent resident. (Sec. 104) Amends the Immigration and Nationality Act to revise the definition of "refugee" to declare that a person who has been forced to have an abortion or undergo involuntary sterilization, or who has been persecuted for refusing to do so, or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion. States that anyone with a well-founded fear that he or she will be forced to undergo such a procedure, or be subjected to persecution for such failure, refusal, or resistance, shall be deemed to have a well-founded fear of persecution on account of political opinion. (Sec. 105) Requires the Director of the United States Information Agency (USIA) to take steps to provide opportunities for participation in educational and cultural exchange programs to human rights and democracy leaders of countries whose people do not enjoy freedom and democracy, including but not limited to China, Vietnam, Cambodia, Tibet, and Burma. (Sec. 106) Directs the USIA Director to establish educational and cultural exchange programs between the United States and Tibet. Specifies the number of scholarships to be made available during FY 1997 to Tibetan and Burmese students and professionals who are outside their respective countries. (Sec. 107) Amends Federal law to authorize the Secretary of Transportation to make improvements to the Rio Grande Canalization Project, especially in the reach between the Percha Diversion Dam in New Mexico and the American Diversion Dam in El Paso, Texas. Title II: Foreign Assistance Provisions - Amends the Foreign Assistance Act of 1961 to require a certain human rights report to include: (1) the votes of each member of the United Nations Commission on Human Rights on all country-specific and thematic resolutions voted on at the Commission's annual session; and (2) the extent to which each country has extended protection to refugees, including the provision of first asylum and resettlement. (Sec. 202) Prohibits the President from providing economic or military assistance or arms transfers to the Government of Mauritania unless he certifies to the Congress that such government has taken action to eliminate chattel slavery, including the enactment and enforcement of anti-slavery laws that provide appropriate punishment for violators.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 2 August 1996
Directs the President to certify annually to the Congress whether or not each North American Free Trade Agreement (NAFTA) country is meeting its commitments under the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation (NAFTA supplemental agreements). Establishes certain economic and trade sanctions for countries that receive a negative certification. Authorizes the President to waive the requirements of this Act if it is in the U.S. national security interest.
United States · United States Congress · 22 July 1996
Student Debt Reduction Act of 1996 - Amends the Higher Education Act of 1965 to permit lenders under the unsubsidized Federal Family Education Loan program to pay origination fees, up to three percent, on behalf of borrowers and charge them for such fees.
United States · United States Congress · 12 July 1996
George Bush School of Government and Public Service Act - Authorizes the Secretary of Education to make a grant to assist in the establishment of the George Bush Fellowship Program, located at the George Bush School of Government and Public Service of the Texas A & M University. Authorizes appropriations.
United States · United States Congress · 11 July 1996
National Small Business Regulatory Relief Act of 1996 - Amends the Small Business Act to establish a Small Business Regulatory Relief Council. Directs the Environmental Protection Agency, Internal Revenue Service, and Occupational Safety and Health Administration (participating agencies) to submit to the Council a five-year plan for the establishment and maintenance of a partnership with small business development centers (SBDCs) for a system of voluntary regulatory compliance (compliance). Outlines plan contents and requires such participating agencies to ensure the nonduplication of efforts in such regard. Requires the Council: (1) within 30 days after a participating agency submits a plan, to approve or modify such plan; (2) to establish guidelines for the implementation of each plan; and (3) to report annually to the President and the congressional small business committees on the types of assistance provided by SBDCs to small businesses participating in the system of compliance, as well as outreach efforts to inform small businesses of such opportunity. Requires each SBDC to: (1) submit annually to the Council a work plan for SBDCs to carry out the system of compliance; (2) report semiannually to the Council on assistance provided to small businesses by SBDCs under this Act; and (3) report annually to the Council on recommendations for improving the regulation of small businesses. Directs the Council to: (1) evaluate annually the system of compliance; (2) determine whether SBDCs are performing in accordance with their compliance work plans; and (3) provide for an independent evaluation of such system after three years of operation. Requires the participating agencies to set aside specified percentages of their annual funding for FY 1997 through 2001 for compliance assistance under this Act. Provides for the deposit of such funds into the National Regulatory Relief Fund, and for appropriate Fund distributions.
United States · United States Congress · 27 June 1996
Expresses the sense of the Congress that the Department of Education should make it a priority to monitor and enforce compliance with requirements of the Higher Education Act of 1965 for compiling and disseminating campus crime statistics and policies.
United States · United States Congress · 6 June 1996
Oil Region National Heritage Area Act - Designates the Oil Region National Heritage Area in Pennsylvania if, within 180 days, the Oil Heritage Region Corporation submits, and the Secretary of the Interior approves, a Compact for the Area (signed by the Governor of Pennsylvania) that defines the Area, describes anticipated programs, and includes information about the objectives and management of the Area. (Sec. 5) Establishes the Oil Region National Heritage Advisory Commission to serve in an advisory capacity to the Oil Heritage Region, Inc., the locally based private, nonprofit management Corporation which will oversee the development of the Oil Region National Heritage Park. (Sec. 8) Sets forth provisions regarding: (1) withdrawal of such designation; and (2) criteria for retention of such designation, including the presence of a cohesive assemblage of natural, historic, or cultural resources that represent distinctive aspects of American heritage worthy of conservation and that are best managed through public-private partnerships. (Sec. 10) Prohibits assistance or funding from being provided under this Act two years after the date of the Area's designation unless the Corporation submits a Management Plan to the Governor and the Secretary along with a certification of endorsement or disapproval by the Commission. (Sec. 11) Authorizes the Secretary to provide technical assistance to Pennsylvania, its political subdivisions, or the Corporation regarding Plan revisions and implementation. Makes the Area eligible for technical and grant assistance available to other National Heritage Areas under any National Heritage Areas Program or similar program established by the Congress. (Sec. 12) Sets forth provisions regarding limitations on inclusion of and access to private property with respect to such Area. (Sec. 13) Prohibits the Secretary, as a condition of approving the Compact or the determination of eligibility for technical assistance under this Act, from requiring: (1) enactment or modification of land use restrictions; or (2) limitations on fishing, hunting, or trapping. Provides that neither the Secretary nor other Federal agencies may condition the receipt of other forms of assistance in connection with the National Heritage Area status of the Area on such limitations.
United States · United States Congress · 4 June 1996
Amends the Wild and Scenic Rivers Act to designate a segment of the Clarion River in Pennsylvania as a component of the National Wild and Scenic Rivers System. Specifies parts of such segment to be administered by the Secretary of Agriculture as recreational rivers and parts to be administered as scenic rivers.
United States · United States Congress · 16 May 1996
Designates the Civil War Center located on Raphael Semmes Drive at Louisiana State University in Baton Rouge, Louisiana, as the United States Civil War Center. Makes the Center and the Civil War Institute of Gettysburg College located at 233 North Washington Street in Gettysburg, Pennsylvania, the flagship institutions for planning the sesquicentennial commemoration of the Civil War.
United States · United States Congress · 14 May 1996
Provides that the voluntary agreement with the State of Pennsylvania for the coverage of State and local employees under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act may, at the State's option, be irrevocably modified at any time before January 1, 1998, so as to exclude service performed in the employ of a school, college, or university by a student enrolled and regularly attending classes at such educational institution.
United States · United States Congress · 8 May 1996
Commuter Rail Safety Act of 1996 - Amends Federal transportation law to revise hours of duty limitations for train employees to prohibit them, among other things, from remaining or going on duty: (1) after having completed a tour of duty, unless having had at least eight consecutive hours of undisturbed rest; and (2) unless such employee has received at least eight hours notice before the time for reporting for duty, except in the event of an emergency, in which case the employee may not work for more than eight hours after reporting for duty. Prohibits a railroad carrier from requiring or allowing a commuter rail train employee to operate a split shift unless it begins between 4 o'clock a.m. and 8 o'clock a.m. Prohibits a railroad carrier and a railroad carrier employer from discharging or in any way discriminating against an employee (whistleblower) who has furnished railroad accident or injury information to the railroad carrier, the Federal Railroad Administration, or other Federal or State agency. Sets forth both civil and criminal penalties for violations under this Act.
United States · United States Congress · 1 May 1996
Declares that it is the sense of the Congress that the Board of Trustees of the Federal Hospital Insurance Trust Fund should submit to the Congress without further delay its annual report due on April 1, 1996.
United States · United States Congress · 29 April 1996
Snow Removal Policy Act of 1996 - Requires the President, through the Director of the Federal Emergency Management Agency, to promulgate standards and criteria for declaring a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in response to a snow-related event and for providing assistance under the Act for such an event, including reimbursement for snow and debris removal and emergency protective measures.
United States · United States Congress · 15 April 1996
Small Business OSHA Relief Act of 1996 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to require each OSHA standard promulgated by the Secretary of Labor to be based upon a cost-benefit assessment and a determination that the standard's benefits justify the costs it imposes. Directs the Secretary, in the case of any employer of 250 or fewer employees cited for a violation of specified requirements, standards, or rules, which is a significant threat to an employee's health or safety, but where the employer has made a good faith correction effort, to waive up to 100 percent of the penalty otherwise proposed for such violation: (1) if the employer corrects the violation within the time set for abatement; or (2), if the employer does not correct the violation within such time, to the extent that the employer uses the amount which would have been paid as the penalty for correction of the violation. Prohibits issuance of a citation for any posting requirement and any requirement to prepare and maintain injury and illness records or written plan or verification, unless: (1) the employer has willfully or repeatedly violated the requirement; or (2) the failure to meet such requirement has resulted in employee exposure to a hazard. Directs the Secretary to enter into cooperative agreements with States for consultation to employers concerning the provision of safe and healthful working conditions. Requires the Secretary to reimburse States that enter into such agreements for 90 percent of costs and 100 percent of State staff training and specified out-of-State travel expenses. Prohibits the Secretary from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 29 March 1996
Medical Device Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission. (Sec. 3) Allows device approval applicants to declare a review impasse and mandates use of a dispute resolution process. (Sec. 4) Revises requirements regarding: (1) investigational devise exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing consensus standards recognition); (5) effectiveness determinations (as used in classifying devices); (6) premarket notification; (7) classification panels; and (8) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates procedures for accrediting parties that review premarket approval applications and conduct good manufacturing practice inspections. (Sec. 13) Mandates reclassification of certain devices. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 18) Regulates the effect of the dissemination of medical texts, peer-reviewed scientific publications, displays at trade shows, and other material. (Sec. 19) Removes distributors from record keeping and reporting requirements. Declares that the failure of a device to perform as labeled or in an acceptable manner does not constitute a malfunction when caused by improper servicing. Repeals user reporting requirements. (Sec. 20) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 21) Allows using monetary penalties for violation correction. Entitles violators to reasonable discovery. (Sec. 22) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 23) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental impact statement or assessment. (Sec. 24) Prohibits the Secretary from relying on any statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 25) Mandates training programs for FDA employees regarding FDCA regulations and policies. Allows the FDA to conduct or contract for scientific research only if directly related to FDCA implementation. (Sec. 26) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.
United States · United States Congress · 26 March 1996
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: Affordable and Available Health Coverage Through Multiple Employer Pooling Arrangements Subtitle D: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplifications; Medical Liability Reform 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 Subtitle F: Administrative Simplification Subtitle G: Duplication and Coordination of Medicare-Related Plans Subtitle H: Medical Liability Reform Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Subtitle F: Organizations Subject to Section 833 Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Subtitle C: Treatment of Individuals Who Lose United States Citizenship 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: (1) impose an eligibility period; and (2) use alternative methods to address adverse selection as approved by a State authority. (Sec. 103) Prohibits coverage exclusion and premium or contribution discrimination 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 subtitle and subtitle D as it is applicable to those sections 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 - Part 1: Availability of Group Health Insurance Coverage - 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. Part 2: Availability of Individual Health Insurance Coverage - 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. Part 3: Enforcement - Applies the civil money penalty provisions of section 104 of this Act to parts 1 and 2. Subtitle C: Affordable and Available Health Coverage Through Multiple Employer Pooling Arrangements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth rules regarding multiple employer health plans. Treats a multiple employer welfare arrangement (MEWA) under which the benefits consist solely of medical care, and under which some or all benefits are not fully insured, as an employee welfare benefit plan that is a health plan. Provides for the treatment of such arrangements under preemption rules. Regulates reserves, notice regarding voluntary termination, and corrective actions and mandatory termination. (Sec. 166) Provides for the treatment of church plans. (Sec. 167) Provides for enforcement through civil monetary penalties, injunctions, and criminal penalties, as well as Federal- State cooperation in enforcement. (Sec. 169) Requires each MEWA to register before beginning operations and annually thereafter. (Sec. 170) Provides for a single annual report regarding all employers participating in a MEWA. Subtitle D: Definitions; General Provisions - Excludes church plans from the requirements of this title as they apply to group health plans. Allows governmental plans to elect not to be subject to such requirements. Requires treatment as group health plans of State Medicaid (unless a State elects otherwise) and Medicare plans and Indian Health Service programs for individual coverage certification purposes. Provides for the treatment of partnerships. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification; Medical Liability Reform - 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 and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established by this title. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of Health and Human Services' (HHS) Office of the Inspector General (IG) with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes under Medicare 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 service providers under Medicare 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 which are subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare; 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 require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal health care programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional exception to anti-kickback penalties for discounting and managed care arrangements. (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 penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and to cover within the general purview of the code 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) 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 standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the National Committee on Vital and Health Statistics. (Sec. 252) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 253) Amends the Public Health Service Act to provide for a change in the membership and duties of the National Committee on Vital and Health Statistics, including responsibility for advising the HHS Secretary and the Congress on the implementation of SSA title XI part C added above. Subtitle G: Duplication and Coordination of Medicare-Related Plans - Provides for the treatment of certain health insurance policies as nonduplicative under Medicare or Medicaid, such as policies providing for benefits which are payable to or on behalf of an individual without regard to other health benefit coverage of such individual. Subtitle H: Medical Liability Reform - Outlines various specified measures addressing health care liability issues, including changes establishing: (1) limitations for health care liability actions brought in a State or Federal court against a health care provider; (2) a limitation on the total amount of noneconomic damages which may be awarded to a claimant for losses resulting from an injury; (3) certain restrictions on punitive damage awards; and (4) standards for alternative dispute resolution used to resolve a health care liability action or claim. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Part I: General Provisions - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 322) Amends the definition of "medical care" (for provisions allowing a deduction for medical care expenses) to include qualified long-term care services. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. Part II: Consumer Protection Provisions - Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long-term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State-established membership organization providing nonprofit medical care coverage to high risk individuals. Subtitle F: Organizations Subject to Section 833 - Allows (for provisions affording a special deduction) an organization that is not a blue cross or blue shield (BCBS) organization to be treated as if it were a BCBS organization if it is not for profit and meets other requirements. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. Subtitle C: Treatment of Individuals Who Lose United States Citizenship - Requires that individuals who lose U.S. citizenship and who meet specified criteria be treated (for income, estate, and gift tax provisions) as having a principal purpose to avoid taxes. Requires, for these purposes, treating long-term U.S. residents who cease being permanent U.S. residents or begin being the resident of a foreign country as if they were U.S. citizens who lost U.S. citizenship. (Sec. 422) Requires a person who loses U.S. citizenship or ceases to be a long-term U.S. resident to provide a statement with specified contents. (Sec. 423) Mandates a report to specified congressional committees on income tax compliance by citizens and lawful permanent U.S. residents residing outside the United States.
United States · United States Congress · 14 March 1996
Amends the Fair Labor Standards Act of 1938 to provide that an employee's regular rate for purposes of calculating overtime compensation will not be affected by certain individual or group rewards for meeting or exceeding productivity, quality, efficiency, or sales goals specified in a gainsharing, incentive bonus, commission, or performance contingent bonus plan.
United States · United States Congress · 13 March 1996
Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.
United States · United States Congress · 13 March 1996
Amends the Federal criminal code to prohibit: (1) any person convicted in any court of a drug crime from possessing a firearm for five years after committing such a crime or, if during such five-year period the individual is convicted of violating any Federal or State law relating to firearms, for five years after such later conviction; (2) any person, during such period, from knowingly transferring a firearm to any individual who has been convicted in any court of a drug crime; or (3) any person from knowingly transferring a firearm to any individual under indictment for a drug crime. Provides enhanced penalties for possession of a firearm during and in relation to the commission of a drug crime.
![Official portrait of Rep. Goodling, William F. [R-PA-19]](https://www.congress.gov/img/member/g000291_200.jpg)