United States · United States Congress · 27 September 1996
Urges the National Institute of Justice (NIJ) technology program to: (1) ensure that Federal agencies are not duplicating one another's work; (2) develop a nationwide database to provide information on law enforcement equipment and technologies to State and local law enforcement agencies; (3) promote testing and evaluation of law enforcement equipment and technologies and make available a list of product failures and short-comings; (4) promote establishment of standards for such equipment and technologies; (5) maintain the National Law Enforcement and Corrections Technology Center system as the main clearinghouse for the research, development, testing, evaluation, and dissemination of law enforcement technologies and standards; and (6) develop a program to improve forensics technology and work with the Nation's crime labs. Calls for NIJ: (1) to be designated as the law enforcement partner in surplus Federal property and equipment transfer programs; (2) if working with the private sector, to be authorized to waive Government patent rights and assign exclusive use of a license; and (3) to be exempted from many of the requirements of the Federal Advisory Committee Act.
United States · United States Congress · 26 September 1996
National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to provide for the establishment of the National Institute of Biomedical Imaging, headed by a Director, which shall conduct and support research, training, and dissemination of health information and other programs with respect to radiologic and other imaging modalities, imaging techniques, and imaging technologies with biomedical applications. Directs the Director of the Institute to: (1) establish a National Biomedical Imaging Program; and (2) prepare and transmit to the Secretary of Health and Human Services and the Director of the National Institutes of Health a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting biomedical imaging. Authorizes appropriations.
United States · United States Congress · 26 September 1996
Declares that: (1) national broadcast television networks should not air violent video programming between the hours of 6 a.m. and 10 p.m.; and (2) legitimate news programs, documentaries, educational programs, and sporting events should not contain violence in excess of what is needed to convey the information intended during these hours.
United States · United States Congress · 24 September 1996
Drug-Induced Rape Prevention and Punishment Act of 1996 - Amends the Controlled Substances Act (CSA) to impose penalties of a fine and up to 15 years' imprisonment (20 years' imprisonment if the victim is age 14 or under) for possession of a mixture or substance (mixture) containing a detectable amount of a controlled substance, with intent to administer such mixture to another person to facilitate a crime of violence (including a sexual assault) against that person. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam; and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs: (1) the United States Sentencing Commission to amend the sentencing guidelines for offenses involving flunitrazepam and to ensure that such guidelines reflect the serious nature of such offenses; and (2) the Administrator of the Drug Enforcement Administration to conduct a study on the appropriateness of rescheduling flunitrazepam as a Schedule I controlled substance. Sets forth reporting requirements. Authorizes the Attorney General to create educational materials regarding the use of controlled substances in the furtherance of rapes and sexual assaults for dissemination to police departments throughout the United States.
United States · United States Congress · 11 September 1996
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: General Provisions Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996 - Title I: Emergency Supplemental Appropriations - Makes emergency supplemental appropriations for FY 1996 to provide relief from the damages caused by Hurricane Fran and other natural disasters of 1996. Chapter 1: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Agriculture, for the Farm Service Agency's emergency conservation program; (2) the Natural Resources Conservation Service, for watershed and flood prevention operations; (3) the Rural Housing Service, for Rural Housing Insurance Fund Program Account direct loans, and for very low-income housing repair grants; (4) the Rural Utilities Service, for the rural utilities assistance program; and (5) the Commodity Credit Corporation, for covering 1996 crop losses. Chapter 2: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Commerce, for the Economic Development Administration's economic development assistance programs; and (2) the Small Business Administration, for the Disaster Loans Program Account. Chapter 3: Energy and Water Development - Makes such FY 1996 emergency appropriations to the Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil, for: (1) general operation and maintenance; and (2) flood control and coastal emergencies. Chapter 4: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes such FY 1996 emergency appropriations to: (1) the Department of Housing and Urban Development for community development grants; and (2) the Federal Emergency Management Agencies for disaster relief. Title II: General Provisions - Designates each amount provided for a program or activity in title I as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes such amount available only to the extent of a specific dollar amount for such program or activity that is: (1) included in an official budget request submitted by the President to the Congress; and (2) designated as an emergency requirement for all purposes of that Act. (Sec. 202) Authorizes Federal department or agency heads to waive certain restrictions in administering funds provided under title I.
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
Antiterrorism Law Enforcement Enhancement Act of 1996 - Modifies wiretapping provisions under the Federal criminal code to make certain requirements to obtain an order authorizing the interception of a wire, oral, or electronic communication inapplicable where: (1) the applicant shows that the subject had the intent to thwart interception or that the subject's actions and conduct would have the effect of thwarting interception from a specified facility; and (2) the judge finds that such showing has been adequately made. Grants authority for the use of: (1) emergency wiretaps in cases involving an act of terrorism; and (2) pen registers and trap and trace devices in foreign counterintelligence investigations. Adds specified terrorist offenses as predicates under the Racketeer Influenced and Corrupt Organizations Act. Authorizes interceptions with respect to specified terrorism-related offenses, such as violations relating to the murder of foreign officials or providing material support to terrorists. Modifies wiretap provisions to provide that, whenever an order authorizing an interception is entered, the order shall require the attorney for the Government to file a report with the judge who issued the order showing what progress has been made toward achieving the authorized objective and the need for continued interception. Requires such report to be made 15 days after the interception has begun. Revises the Antiterrorism Act of 1996 to make an exception to the sovereign immunity of a foreign state if certain conditions are met or if neither the claimant nor the victims were U.S. nationals when the act upon which the claim is based occurred. Makes technical corrections to the Antiterrorism and Effective Death Penalty Act of 1996.
United States · United States Congress · 2 August 1996
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a postage stamp to honor law enforcement officers killed in the line of duty.
United States · United States Congress · 1 August 1996
HIV Prevention Act of 1996 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State; (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results; (4) subjection to mandatory HIV testing of prospective patients who are to undergo an invasive medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; and (5) notification of individuals who are to undergo an invasive medical procedure by any health professional who is to perform such procedure and knows that he or she has HIV disease. Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease who perform invasive medical procedures on patients, the medical profession should develop guidelines to assist them in complying with the requirements of this Act; (2) the States should have in effect laws providing that, in the case of individuals who know they have HIV disease, it is a felony to engage in any behaviors that the individual knows will place others at risk of infection with the disease, regardless of whether the behaviors actually transmit such infection; and (3) strict confidentiality should be maintained in carrying out the requirements added by this Act.
United States · United States Congress · 26 July 1996
TABLE OF CONTENTS: Title I: Importation of Methamphetamine and Precursor Chemicals Title II: Provisions to Control the Manufacture of Methamphetamine Title III: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title IV: Legal Manufacture, Distribution, and Sale of Precursor Chemicals Title V: Education and Research Comprehensive Methamphetamine Control Act of 1996 - Title I: Importation of Methamphetamine and Precursor Chemicals - Directs the Attorney General to coordinate internal drug enforcement efforts to decrease the movement of methamphetamine and methamphetamine precursors into the United States. (Sec. 102) Amends the Controlled Substances Import and Export Act (CSIEA) to: (1) make specified prohibitions against the possession, manufacture, or distribution for purposes of unlawful importation of a schedule I or II controlled substance applicable to a listed chemical; and (2) set penalties of a fine and ten years' imprisonment for manufacturing, possessing with intent to distribute, or distributing a listed chemical in violation of such prohibitions. Title II: Provisions to Control the Manufacture of Methamphetamine - Amends the Controlled Substances Act (CSA) to: (1) include chemicals within the scope of provisions regarding penalties for simple possession; and (2) prohibit knowingly or intentionally possessing a list I chemical obtained pursuant to or under authority of a registration that has expired or that has been revoked or suspended or if the registrant has ceased to do business in the manner contemplated by his registration. Amends the CSA and the Tariff Act of 1930 to permit the seizure and forfeiture of list I chemicals involved in illegal trafficking. (Sec. 202) Directs: (1) the Attorney General to study and report to the Congress on measures to prevent the diversion of agents used in methamphetamine production; and (2) the United States Sentencing Commission (the Commission) to amend the sentencing guidelines to ensure that the manufacture of methamphetamine in violation of the CSA is treated as a significant violation. (Sec. 203) Amends the CSA to increase penalties for the manufacture and possession of equipment used to make controlled substances. (Sec. 204) Adds iodine and hydrochloric gas to list II chemicals, but excludes iodine from specified requirements for listed chemicals under the CSIEA. (Sec. 205) Prohibits distributing a laboratory supply to a person who uses it to manufacture a controlled substance or a listed chemical in violation of the CSA with reckless disregard for the illegal uses to which such supply will be put. Sets civil penalties for businesses that violate such provision. (Sec. 206) Amends the CSA to enjoin anyone convicted of specified felony violations relating to the manufacture and exportation of a listed chemical from engaging in a transaction involving a listed chemical for up to ten years. (Current law covers only "receipt, distribution, or importation" of a listed chemical and bars violators from engaging in such a "regulated" transaction for that period.) Authorizes the Attorney General to commence a civil action for appropriate declaratory or injunctive relief, subject to specified requirements. (Sec. 207) Authorizes the court, when sentencing a defendant convicted of specified CSA offenses involving the manufacture of methamphetamine, to order restitution and reimbursement by the defendant for costs incurred by the United States for the associated cleanup. (Sec. 208) Modifies the CSA to require each regulated person to keep a record of each regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine for two years. Title III: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and the CSIEA to increase penalties for trafficking in methamphetamine and list I chemicals. (Sec. 303) Directs the Commission to determine whether the sentencing guidelines adequately punish specified offenses relating to the handling of hazardous waste and related issues under the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Federal Water Pollution Control Act, and Federal transportation provisions, and, if not, to promulgate or amend existing guidelines to enhance the punishment for a defendant convicted of such offense. Title IV: Legal Manufacture, Distribution, and Sale of Precursor Chemicals - Amends the CSA to provide for the regulation of pseudoephedrine and phenylpropanolamine, subject to specified limitations. Specifies that any sale of: (1) ordinary over-the-counter pseudoephedrine or phenylpropanolamine products by retailed distributors shall not be a regulated transaction, with exceptions; and (2) other products containing pseudoephedrine or phenylpropanolamine by retail distributors shall not be a regulated transaction if the distributor's sales are limited to less than the threshold quantity of 24 grams of pseudoephedrine or phenylpropanolamine in each single transaction. Directs the Attorney General to reinstate an exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product upon determining that such product is manufactured and distributed in a manner that prevents diversion. Authorizes the Attorney General to establish single-transaction limits of 24 grams of pseudoephedrine and phenylpropanolamine base for retail distributors, subject to specified conditions. Sets penalties for violations. (Sec. 402) Requires each regulated person who engages in a transaction with a non-regulated person which involves ephedrine, pseudoephedrine, or phenylpropanolamine (including drug products containing these chemicals) and which uses or attempts to use the Postal Service or any private or commercial carrier, to submit monthly reports of such transactions to the Attorney General. Title V: Education and Research - Establishes a Methamphetamine Interagency Task Force. (Sec. 502) Directs the Secretary of Health and Human Services to develop a public health monitoring program to monitor methamphetamine abuse in the United States. (Sec. 503) Requires the Attorney General to: (1) establish an advisory panel consisting of an appropriate number of representatives from Federal, State, and local law enforcement and regulatory agencies with experience in investigating and prosecuting illegal transactions of precursor chemicals; (2) continue specified current efforts; and (3) establish a Suspicious Orders Task Force.
United States · United States Congress · 25 July 1996
Drug-Induced Rape Act of 1996 - Amends the Controlled Substances Act (CSA) to prescribe penalties of 20 years' imprisonment and a fine of up to $2 million for an individual or $10 million otherwise for distributing a controlled substance to a person without that person's knowledge with intent to rape such person. Prohibits the court from placing on probation or suspending the sentence of anyone sentenced under such provision. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam; and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs the United States Sentencing Commission to amend the Sentencing Guidelines so that one dosage unit of flunitrazepam shall be equivalent to one gram of marihuana for determining the offense level under the Drug Quantity Table.
United States · United States Congress · 25 July 1996
Senior Citizens Homeownership Protection Act of 1996 - Amends the National Housing Act to convert the senior homeowner home equity conversion mortgage insurance authority from a demonstration to a permanent program. Revises related consumer education provisions. Obligates funds for counseling and consumer education.
United States · United States Congress · 18 July 1996
TABLE OF CONTENTS: Title I: Importation of Methamphetamine and Precursor Chemicals Title II: Provisions to Control the Manufacture of Methamphetamine Title III: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title IV: Legal Manufacture, Distribution, and Sale of Precursor Chemicals Title V: Education and Research Comprehensive Methamphetamine Control Act of 1996 - Title I: Importation of Methamphetamine and Precursor Chemicals - Directs the Attorney General to coordinate internal drug enforcement efforts to decrease the movement of methamphetamine and methamphetamine precursors into the United States. (Sec. 102) Amends the Controlled Substances Import and Export Act (CSIEA) to: (1) make specified prohibitions against the possession, manufacture, or distribution for purposes of unlawful importation of a schedule I or II controlled substance applicable to a listed chemical; and (2) set penalties of a fine and ten years' imprisonment for manufacturing, possessing with intent to distribute, or distributing a listed chemical in violation of such prohibitions. Title II: Provisions to Control the Manufacture of Methamphetamine - Amends the Controlled Substances Act (CSA) to: (1) include chemicals within the scope of provisions regarding penalties for simple possession; and (2) prohibit knowingly or intentionally possessing a list I chemical obtained pursuant to or under authority of a registration that has expired or that has been revoked or suspended or if the registrant has ceased to do business in the manner contemplated by his registration. Amends the CSA and the Tariff Act of 1930 to permit the seizure and forfeiture of list I chemicals involved in illegal trafficking. (Sec. 202) Directs: (1) the Attorney General to study and report to the Congress on measures to prevent the diversion of agents used in methamphetamine production; and (2) the United States Sentencing Commission (the Commission) to amend the sentencing guidelines to ensure that the manufacture of methamphetamine in violation of the CSA is treated as a significant violation. (Sec. 203) Amends the CSA to increase penalties for the manufacture and possession of equipment used to make controlled substances. (Sec. 204) Adds iodine and hydrochloric gas to list II chemicals, but excludes iodine from specified requirements for listed chemicals under the CSIEA. (Sec. 205) Prohibits distributing a laboratory supply to a person who uses it to manufacture a controlled substance or a listed chemical in violation of the CSA with reckless disregard for the illegal uses to which such supply will be put. Sets civil penalties for businesses that violate such provision. (Sec. 206) Amends the CSA to enjoin anyone convicted of specified felony violations relating to the manufacture and exportation of a listed chemical from engaging in a transaction involving a listed chemical for up to ten years. (Current law covers only "receipt, distribution, or importation" of a listed chemical and bars violators from engaging in such a "regulated" transaction for that period.) Authorizes the Attorney General to commence a civil action for appropriate declaratory or injunctive relief, subject to specified requirements. (Sec. 207) Authorizes the court, when sentencing a defendant convicted of specified CSA offenses involving the manufacture of methamphetamine, to order restitution and reimbursement by the defendant for costs incurred by the United States for the associated cleanup. (Sec. 208) Modifies the CSA to require each regulated person to keep a record of each regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine for two years. Title III: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and the CSIEA to increase penalties for trafficking in methamphetamine and list I chemicals. (Sec. 303) Directs the Commission to determine whether the sentencing guidelines adequately punish specified offenses relating to the handling of hazardous waste and related issues under the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Federal Water Pollution Control Act, and Federal transportation provisions, and, if not, to promulgate or amend existing guidelines to enhance the punishment for a defendant convicted of such offense. Title IV: Legal Manufacture, Distribution, and Sale of Precursor Chemicals - Amends the CSA to provide for the regulation of pseudoephedrine and phenylpropanolamine, subject to specified limitations. Specifies that any sale of: (1) ordinary over-the-counter pseudoephedrine or phenylpropanolamine products by retailed distributors shall not be a regulated transaction, with exceptions; and (2) other products containing pseudoephedrine or phenylpropanolamine by retail distributors shall not be a regulated transaction if the distributor's sales are limited to less than the threshold quantity of 24 grams of pseudoephedrine or phenylpropanolamine in each single transaction. Directs the Attorney General to reinstate an exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product upon determining that such product is manufactured and distributed in a manner that prevents diversion. Authorizes the Attorney General to establish single-transaction limits of 24 grams of pseudoephedrine and phenylpropanolamine base for retail distributors, subject to specified conditions. Sets penalties for violations. (Sec. 402) Requires each regulated person who engages in a transaction with a non-regulated person which involves ephedrine, pseudoephedrine, or phenylpropanolamine (including drug products containing these chemicals) and which uses or attempts to use the Postal Service or any private or commercial carrier, to submit monthly reports of such transactions to the Attorney General. Title V: Education and Research - Establishes a Methamphetamine Interagency Task Force. (Sec. 502) Directs the Secretary of Health and Human Services to develop a public health monitoring program to monitor methamphetamine abuse in the United States. (Sec. 503) Requires the Attorney General to: (1) establish an advisory panel consisting of an appropriate number of representatives from Federal, State, and local law enforcement and regulatory agencies with experience in investigating and prosecuting illegal transactions of precursor chemicals; (2) continue specified current efforts; and (3) establish a Suspicious Orders Task Force.
United States · United States Congress · 18 July 1996
Urges the national broadcast television networks to renew their commitment to voluntarily reserving the first hour of prime-time broadcasting for programming suitable for American family members of all ages.
United States · United States Congress · 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, as part of balancing the budget and reevaluating the role of government, Federal, State, and local elected officials should carefully consider the cost of Government spending and regulatory programs in the year to come so that American families will be able to keep more of what they earn.
United States · United States Congress · 13 June 1996
Textile and Apparel Global Competitiveness Act of 1996 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines provided by this Act, and whose amounts shall be available: (1) to the Office of Textiles, Apparel, and Consumer Goods of the Department of Commerce for the American Textile Partnership (AMTEX), the Textile-Clothing Technology Center (TC2), and the National Textile Center (NTC); (2) for adjustment assistance for textile and apparel firms; and (3) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. Specifies: (1) a quota formula for new textile agreements with non-WTO countries which already have a textile agreement with the United States; and (2) provisions for inclusion in the accession protocol of countries acceding to the WTO. Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a textile import bilateral agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements (CITA) determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. Directs the Commissioner of Customs to establish a Division on Textile Enforcement. Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; (3) failing to provide adequate enforcement of intellectual property rights with respect to textile and apparel goods; or (4) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 13 June 1996
Condemns the burning of African-American churches. Sends condolences to affected individuals. Supports the activities of local law enforcement officials, the Department of Justice, and the Department of the Treasury in investigating these incidents. Urges: (1) the United States Attorney General and local prosecutors to seek the maximum penalty available under law to punish the perpetrators; and (2) the President to make the fullest possible use of all available law enforcement resources to bring the culprits to justice. Expresses the sense of the Congress that: (1) attacks on places of worship because of the race, color, denomination, or ethnicity of the congregation undermine fundamental American ideals; (2) these fires appear to be hate crimes and implicitly interfere with the First Amendment and other civil rights of the victims; (3) the arson of a place of worship is repulsive to us as a society; and (4) it is important that the Congress enact legislation to ensure that Federal law enforcement has the necessary tools to punish and deter such acts. Encourages: (1) the people of the United States to work within their own communities to prevent arson against African-American or any other house of worship; and (2) American citizens to observe a national week of prayer beginning June 16, and ending June 23, 1996, in their places of worship.
United States · United States Congress · 13 June 1996
Condemns the burning of African-American churches. Sends condolences to affected individuals. Supports the activities of local law enforcement officials, the Department of Justice, and the Department of the Treasury in investigating these incidents. Urges: (1) the United States Attorney General and local prosecutors to seek the maximum penalty available under law to punish the perpetrators; and (2) the President to make the fullest possible use of all available law enforcement resources to bring the culprits to justice. Expresses the sense of the Congress that: (1) attacks on places of worship because of the race, color, denomination, or ethnicity of the congregation undermine fundamental American ideals; (2) these fires appear to be hate crimes and implicitly interfere with the First Amendment and other civil rights of the victims; (3) the arson of a place of worship is repulsive to us as a society; and (4) it is important that the Congress enact legislation to ensure that Federal law enforcement has the necessary tools to punish and deter such acts. Encourages: (1) the people of the United States to work within their own communities to prevent arson against African-American or any other house of worship; and (2) the American people to use June 16th as a day of prayer concerning these tragedies.
United States · United States Congress · 12 June 1996
Standard Trade Relations Act - Declares that any duty or other import restriction or duty-free treatment proclaimed in any trade agreement shall apply to products of all countries, whether imported directly or indirectly. Amends the Trade Expansion Act of 1962 and the Trade Act of 1974 to replace the terms "most-favored-nation" and "reciprocal nondiscriminatory treatment" with the terms "standard trade relations" and "standard trade relations principle," respectively.
United States · United States Congress · 4 June 1996
TABLE OF CONTENTS: Title I: Federal Prosecution of Serious Violent Juveniles Title II: Mandatory Minimum Sentences for Armed Violent Predators Title III: Armed Violent Youth Predator Apprehension Directive Title IV: Block Grants and Incentive Grants for Accountability-Based Reforms Violent Youth Predator Act of 1996 - Title I: Federal Prosecution of Serious Violent Juveniles - Modifies Federal criminal code provisions to require that a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency be surrendered to State authorities or be proceeded against in Federal court as a juvenile or tried as an adult. Sets guidelines for proceeding against a juvenile in Federal court as a juvenile and as an adult. (Sec. 102) Modifies provisions regarding: (1) custody prior to appearance before a magistrate to provide that whenever a juvenile is taken into custody, the arresting officer shall immediately advise such juvenile of the juvenile's rights and promptly take reasonable steps to notify the juvenile's parents, guardian, or custodian (and directs that the juvenile be taken before a judicial officer without unreasonable delay); and (2) detention prior to disposition to direct that a juvenile be detained in such suitable place as the Attorney General may designate, with preference for a location within, or a reasonable distance of, the district in which the juvenile is being prosecuted (and sets forth provisions regarding the place and conditions of detention). (Sec. 105) Extends from 30 to 45 days the period during which an alleged delinquent who is in detention pending trial must be brought to trial. (Sec. 106) Modifies provisions regarding dispositional hearings to direct the court, upon finding a juvenile to be a juvenile delinquent, to hold a hearing concerning the appropriate disposition of the juvenile no later than 40 court days (currently, 20) after such finding. Directs that: (1) a predisposition report be prepared by the probation officer; (2) victim impact information be included in the report and victims be provided the opportunity to make a statement to the court or present information relating to disposition; and (3) the court impose an appropriate sanction. Directs the Attorney General to develop a list of possible sanctions for juveniles adjudicated delinquent. (Sec. 107) Revises provisions regarding juvenile records to require that: (1) the court keep a record relating to the arrest and adjudication that is equal to an adult arrest and conviction record and retained for an equal period; and (2) such records be made available for official purposes, including communications with victims or school officials. Directs the Attorney General to establish guidelines for juvenile fingerprinting and photographing. (Sec. 108) Modifies provisions regarding commitment to prohibit the Attorney General from causing any juvenile under age 19 adjudicated delinquent to be placed or retained in an adult correctional facility in which the juvenile has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges, except for placement in a community-based facility. (Sec. 110) Makes acts of juvenile delinquency that would be a serious drug offense if committed by an adult a predicate offense under the Armed Career Criminal Act. Title II: Mandatory Minimum Sentences for Armed Violent Predators - Revises the Federal criminal code to provide for mandatory prison terms for possessing, brandishing, or discharging (currently, limited to using or carrying) a firearm or destructive device during a crime of violence or drug trafficking crime. Establishes penalties for second or subsequent convictions. Bars the court from imposing probationary sentences or concurrent terms of imprisonment on persons convicted of such violations. Title III: Armed Violent Youth Predator Apprehension Directive - Directs the Attorney General to establish an armed violent youth predator apprehension program under which each U.S. Attorney shall: (1) designate at least one assistant U.S. Attorney to prosecute armed violent youth predators; and (2) establish an armed youth predator criminal apprehension task force. Sets forth provisions regarding: (1) reporting requirements; and (2) waivers. Title IV: Block Grants and Incentive Grants for Accountability- Based Reforms - Revises Juvenile Justice and Delinquency Prevention Act of 1974: (1) findings to specify that juvenile delinquency requires action by Federal, State, and local governments (currently, the Federal Government); and (2) purposes to include assisting State and local governments in promoting public safety by improving the openness of the juvenile justice system, encouraging the identification of violent and hard-core juveniles and transferring them into adult criminal court jurisdiction, and providing resources to States to build or expand juvenile detention facilities. (Sec. 403) Redesignates the Office of Juvenile Justice and Delinquency Prevention as the Office Of Juvenile Crime Control (Office). (Sec. 404) Revises the Act to authorize: (1) specified initiatives, including improving juvenile court and law enforcement records (including fingerprints and photographs); and (2) the Office Administrator to use specified funds to establish and maintain a clearinghouse regarding juvenile delinquency prevention, treatment, and control and to provide training and technical assistance to improve State juvenile justice system administration. (Sec. 405) Repeals provisions regarding: (1) allocations and State plans, including provision for an advisory group; and (2) National Programs, Gang-Free Schools and Communities, State Challenge Activities, Treatment for Juvenile Offenders who are Victims of Child Abuse or Neglect, Mentoring, Boot Camps, and a White House Conference on Juvenile Justice. (Sec. 408) Directs the Administrator to provide juvenile delinquent accountability grants to States that ensure that juveniles who commit an act after attaining age 14 that would be a serious violent crime if committed by an adult are treated as adults for prosecution purposes. Makes such States eligible for additional sums upon demonstrating compliance with specified "accountability-based juvenile crime control practices." (Sec. 409) Authorizes appropriations. Specifies that the source of such appropriations may be the Violent Crime Reduction Trust Fund.
United States · United States Congress · 29 May 1996
Airline Pilot Hiring and Safety Act of 1996 - Amends Federal aviation law to require air carriers to request and receive a pilot applicant's record for the previous five years with respect to: (1) current airman certificate, including any summaries of legal enforcement actions; (2) employment; and (3) motor vehicle driving record. Prohibits any Federal or State court action for defamation or invasion of privacy against any carrier or person with respect to the furnishing or use of such records according to the requirements of this Act. Directs the Administrator of the Federal Aviation Administration (FAA) to issue a notice of proposed rulemaking to establish certain minimum standards for pilot qualifications for employment. Directs the Administrator of the FAA to study and report to the Congress on the appropriateness of requiring the Secretary of Defense to provide an air carrier with the armed services records of an applicant pilot.
United States · United States Congress · 23 May 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against damaging religious property applicable where: (1) the offense is in or affects interstate or foreign commerce; and (2) the amount of the loss resulting from the damage exceeds $5,000. (Currently such provisions apply where: (1) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) the loss exceeds $10,000.)
United States · United States Congress · 16 May 1996
Biomaterials Access Assurance Act of 1996 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 15 May 1996
TABLE OF CONTENTS: Title I: Patent and Trademark Office Government Corporation Subtitle A: United States Patent and Trademark Office Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Early Publication of Patent Applications Title III: Prior Domestic Commercial Use Title IV: Inventor Protection Title V: Patent Reexamination Reform Title VI: Miscellaneous Patent Provisions Inventor Rights Protection and Patent Reform Act of 1996 - Title I: Patent and Trademark Office Government Corporation - Patent and Trademark Office Government Corporation Act of 1996 - Subtitle A: United States Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation under the policy guidance of the Secretary of Commerce, except as otherwise provided in this title. Requires the Office to maintain an office in the District of Columbia metropolitan area. Makes the Office responsible, with the concurrence of the Secretary of State, for authorizing the transfer of not to exceed $100,000 in any year to the State Department to make special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters. Authorizes the Office to retain and use all of its revenues and receipts, subject to the Omnibus Budget and Reconciliation Act of 1980. (Sec. 113) Vests management of the Office in the Commissioner of Patents and Trademarks who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, except for provisions governing: (1) employment of relatives (restrictions); (2) withholding pay; (3) employment limitations; and (4) labor-management relations (under specified conditions). (Sec. 114) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 115) Repeals provisions subjecting the Commissioner's performance (including regulations governing agents and Attorneys representing the Office) to the direction or approval of the Secretary of Commerce. (Sec. 116) Revises the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 117) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate attorneys who are officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit and congressional reporting requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this title. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. (Sec. 132) Makes technical and conforming amendments. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for their duration for necessary expenses in connection with such actions. Title II: Early Publication of Patent Applications - Patent Application Publication Act of 1996 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner. Prohibits, upon request by certain independent inventors at the time of filing, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance or pre-grant opposition that did not exist before its adoption. (Sec. 203) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 204) Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application or, in the case of an international application designating the United States, the date of its international publication until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice of the published patent application and, where the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, a translation of such application into the English language. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is substantially identical to that claimed in the published application. Makes the right to obtain a reasonable royalty available only in an action brought within six years after the patent is issued. Specifies the commencement date of the period for obtaining a royalty based upon the publication under the treaty of an international application designating the United States. (Sec. 205) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Prohibits the issuance of a patent if an international application designating the United States was published under the Patent Cooperation Treaty of 1970 in the English language by another before the invention by the patent applicant. (Sec. 206) Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. (Sec. 208) Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits to ten years the total duration of extensions which result from administrative or judicial review, an unusual administrative delay by PTO, or from both instances. Reduces the extension period equal to the time in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer. (Sec. 209) Requires the Commissioner to prescribe regulations to provide for the further limited reexamination of a patent application. Allows the Commissioner to establish appropriate fees for such activity and to provide a 50 percent reduction on the fees for small qualified entities. Title III: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1996 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially use the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications, including that the defense asserted is not a general license under all claims of the patent at issue, but extends only to the subject matter claimed in the patent, and that a person may not assert such a defense unless the subject matter on which the defense is based had been commercially used or reduced to practice more than one year prior to the effective date of the filing of the patent by the person asserting the defense. Specifies other limitations regarding: (1) the burden of proof (on the person asserting the defense); (2) abandonment of use; (3) who may assert the defense (it is a personal defense); (4) unsuccessful assertion of the defense (directs the court to find the case exceptional for purposes of awarding attorney's fees); and (5) invalidity of a patent (a patent shall not be deemed invalid solely because a defense is established under this title). Title IV: Inventor Protection - Inventor Protection Act of 1996 - Requires that every contract for invention development services be in writing and that a copy of the signed written contract be given to the customer at the time the customer enters into the contract. Directs the invention developer to: (1) state in the contract whether the usual business practice is either to seek more than one contract in connection with an invention or to seek to perform services in one or more phases; and (2) supply to the customer a copy of the written document including the usual business terms of contracts and the approximate amount of the usual fees for services provided. Allows a customer to terminate the contract by sending a written letter to the invention developer stating the individual's intent to cancel. (Requires the letter to be deposited with the U.S. Postal Service on or before five business days after the execution date of the contract, whichever is later.) Calls for the invention developer or a third party representing the invention developer to deem delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind as payment on the date received. Prescribes language and information that must be included in a cover notice on every such contract. Requires the developer to deliver at quarterly intervals a written report for every contract which shall include: (1) a description of the services performed and those yet to be performed; and (2) the name and address of each entity to whom the subject matter has been disclosed. Mandates that each contract include: (1) the terms and conditions of payment and contract termination rights; (2) a statement that the customer may avoid entering into the contract by not making a payment to the developer; (3) a concise description of the specific acts or services the developer undertakes; (4) a statement as to whether the developer undertakes to construct, sell, or distribute one or more prototypes, models, or devices embodying the invention; (5) the name and place of business of the developer and any entity that may perform any of the services; (6) a statement of the developer's representation of estimated or projected customer earnings and the data upon which such representation is based; (7) the name and address of the custodian of all records and correspondence relating to the contract; and (8) a statement setting forth a schedule for performance of services. Renders any such contract voidable if it: (1) does not comply with applicable provisions; (2) is entered into in reliance upon any material false, fraudulent, or misleading information, representation, notice, or advertisement; (3) is made by an unenrolled invention developer; or (4) provides for any act involved in filing for and obtaining utility, design, or plant patent protection unless the developer offers to perform or performs such act through a registered patent attorney or agent. Deems any waiver by the customer of any provision of this chapter contrary to public policy, void, and unenforceable. Permits any customer who is injured by a developer's violation of this chapter or by any false or fraudulent statement, representation, or omission of material fact by a developer to recover in a civil action against the developer, in addition to reasonable costs and attorney's fees, the greater of $5,000 or the amount of actual damages sustained to the customer. Makes an act by invention developers who knowingly provide any false or misleading statement, representation, or omission of material fact to a customer or who fail to make all the disclosures required under this chapter a misdemeanor subject to a $10,000 fine for each offense. Title V: Patent Reexamination Reform - Patent Reexamination Reform Act of 1996 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any PTO action on the merits of reexamination. Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published. Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. (Sec. 602) Grants, under specified conditions, benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country. Grants applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall have the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States.
United States · United States Congress · 14 May 1996
Sexual Offender Tracking and Identification Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movement of each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator. Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, a set of fingerprints, and a current photograph of that person with the FBI for inclusion in such database: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator. Sets forth provisions regarding: (1) verification procedures; and (2) notification of the FBI of changes in residence. Authorizes the FBI to release relevant information concerning a person required to register that is necessary to protect the public, but prohibits the FBI from releasing the identity of any victim of an offense that requires registration. Requires fingerprints to be obtained and verified: (1) by the FBI or a local law enforcement official, pursuant to regulations issued by the Attorney General, for each person required to register; and (2) in accordance with State requirements in a State that has a minimally sufficient sexual offender registration program. Authorizes the FBI to collect fees to offset the costs of certain fingerprint verification. Sets forth penalties for knowingly failing to register. Requires disclosure of the information collected by the FBI to: (1) Federal, State, and local criminal justice agencies for law enforcement and community notification purposes; and (2) such agencies conducting legitimate employment-related background checks for private organizations under the National Child Protection Act. (Sec. 3) Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) mandate that a person required to register continue to comply with requirements of such Act for life if such individual has one or more prior convictions of a sexually violent offense against a minor (sexually violent offense), has been convicted of an aggravated sexually violent offense, or has been determined to be a sexually violent predator; (2) include victim rights advocates and representatives from law enforcement agencies on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification form a set of fingerprints and a photograph.
United States · United States Congress · 7 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 7 May 1996
Family Pet Protection Act of 1996 - Amends the Animal Welfare Act to set forth restrictions on sources and sales of dogs and cats for research or educational purposes. Sets forth additional requirements for pounds, including provisions regarding: (1) registration; (2) release forms; (3) certification; and (4) transfers.
United States · United States Congress · 7 May 1996
National Manufactured Housing Construction and Safety Standards Act of 1996 - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a consensus committee for maintenance and revision of Federal manufactured home construction and safety standards. Repeals: (1) provisions establishing the National Manufactured Home Advisory Council; and (2) certain reporting requirements. Includes expenses incurred in connection with and related to such committee within existing inspection fee authority.
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 · 24 April 1996
Regulatory Fair Warning Act - Amends Federal Government operations law to limit the sanctions which may be imposed by courts and agencies for rule violations: (1) involving agency rules which failed to give the defendant fair warning of the conduct that the rule prohibits or requires; (2) where the defendant reasonably and in good faith determined prior to the violation that he or she was in compliance with, exempt from, or otherwise not subject to, the rule requirements based upon his or her understanding of the rule text and published guidances and policies related to the rule; or (3) committed in reasonable reliance upon a written statement by a Federal or State official authorized to implement or ensure compliance with the rule, made after disclosure by the defendant of all material facts, that the defendant was in compliance with, exempt from, or otherwise not subject to the rule requirements. Prohibits the court or agency in an action brought to impose a civil or criminal sanction for an alleged rule violation from giving deference to any interpretation of such rule relied upon by the promulgating agency that was not published in the Federal Register or was not available to the defendant before the alleged violation.
United States · United States Congress · 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 · 28 March 1996
Revises specified provisions regarding minimum allocations of Federal aid highway funds and provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to direct the Secretary of Transportation, in FY 1998 and thereafter, to ensure that each State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year from funds made available out of the Highway Trust Fund (HTF) is not less than the percentage of estimated tax payments to the HTF by highway users in the State in the latest fiscal year for which data are available. Repeals ISTEA provisions specifying the percentage of total apportioned and allocated funds to be allocated to each State for the surface transportation program.
United States · United States Congress · 26 March 1996
Congratulates the people of Taiwan on holding the first democratic presidential election in Chinese history. Declares that the United States is committed to: (1) moving nations toward freedom and democracy; and (2) encouraging and protecting its democratic friends on Taiwan, within the framework of the Taiwan Relations Act.
United States · United States Congress · 21 March 1996
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project (project) to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided through DOD to certain Medicare-eligible covered military beneficiaries. Requires the project to be conducted in one or more regions in which the TRICARE program (a DOD managed health care program) has been implemented. Allows such project to be conducted for up to two years. Requires such Secretaries to jointly submit to the Congress a first annual report and a final report containing specified information concerning project participants and such project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs such Secretaries to jointly: (1) establish a base level of TRICARE coverage required in a geographic region for eligibility under the project; (2) determine baseline costs of such care and coverage; and (3) establish upper reimbursement limits. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Establishes in the Treasury the Medicare Subvention Fund (Fund) for providing payments to the HHS Secretary for reimbursement of the HHS trust funds and for the payment of all expenses related to the participation of Medicare-eligible covered military beneficiaries in excess of the base level established under this Act, as well as administrative expenses. Authorizes appropriations for FY 1997 and 1998 for deposit into the Fund to carry out the purposes of this Act.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 14 March 1996
Declares that the House of Representatives: (1) endorses efforts by the Bureau of Engraving and Printing to upgrade the currency for security reasons; and (2) strongly encourages the Secretary of the Treasury and the Bureau to incorporate cost-effective, tactile features into the design changes, thereby including the blind and visually impaired in independent currency usage.
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 · 6 March 1996
Amends the Federal criminal code (the code) to require public disclosure of amounts paid to court-appointed attorneys in certain criminal cases. Amends the Controlled Substances Act to require: (1) in capital cases, the rate of compensation paid to court-appointed attorneys to be not less than $75, and not more than $125, per hour for in-court and out-of-court time, with fees and expenses paid for investigative, expert, and other reasonably necessary services authorized at the rates and in the amounts authorized under the code; and (2) public disclosure of such amounts paid.
United States · United States Congress · 6 March 1996
Judicial Disciplinary Proceedings Act of 1996 - Amends the Federal judicial code to direct that proceedings on complaints filed with respect to the conduct of a judge or magistrate judge be held by a circuit other than the circuit within which the judge serves. Directs the Judicial Conference to prescribe rules, consistent with this Act, establishing: (1) procedures for the filing of complaints regarding the conduct of any judge of the United States Court of Federal Claims, the Court of International Trade, or the Court of Appeals for the Federal Circuit, and for the investigation and resolution of such complaints; and (2) a system for referring complaints filed regarding the conduct of a judge of any such court to any of the first 11 judicial circuits or to another court for investigation and resolution.
United States · United States Congress · 5 March 1996
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or terrorist end-use, or reexported without any U.S. authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 5 March 1996
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 29 February 1996
Law Enforcement and Industrial Security Cooperation Act of 1996 - Establishes the Law Enforcement and Industrial Security Cooperation Commission which shall submit to the Congress and the Attorney General a report containing recommendations on methods and activities that promote cooperation between public law enforcement agencies and private sector security professionals to control crime.
United States · United States Congress · 28 February 1996
Financial Crimes Prevention Act of 1996 - Amends the Federal criminal code to increase penalties for making, possessing, using, or selling materials or devices for counterfeiting U.S. obligations or securities and for possessing distinctive paper or a distinctive counterfeit deterrent adopted by the Secretary of the Treasury for U.S. obligations or securities. Sets penalties for: (1) possessing, drawing, printing, processing, or otherwise making or passing, presenting, or selling any fictitious obligation within the United States; (2) using an instrumentality of interstate or foreign commerce to transmit or transport any fictitious obligation to, from, or through the United States; or (3) attempting to commit an such offense. Grants the United States Secret Service authority to investigate such offenses. Provides for the forfeiture of counterfeit access devices, device-making equipment, and scanning receivers possessed with intent to defraud in violation of Federal law.
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.
![Official portrait of Rep. Heineman, Frederick K. (Fred) [R-NC-4]](https://www.congress.gov/img/member/h000452_200.jpg)