Bill· HRH.R. 4314 (104th)open
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Criminal Law and Criminal Justice Amendments Title II: Judicial Process Improvements Title III: Judiciary Personnel Administration, Benefits, and Protections Title IV: Judicial Financial Administration Title V: Federal Courts Study Committee Recommendations Title VI: Places of Holding Court Title VII: Miscellaneous Federal Courts Improvement Act of 1996 - Title I: Criminal Law and Criminal Justice Amendments - Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the court, to carry firearms under such regulations as the Director of the Administrative Office of the United States Courts may prescribe. Title II: Judicial Process Improvements - Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment in a judicial district other than the one for which he or she has been appointed. (Sec. 202) Provides for registration of a judgment in an action for the recovery of money or property entered in any court of appeals or bankruptcy court, as well as any district court, by filing a certified copy of the judgment, subject to specified requirements. (Sec. 203) Provides that when: (1) the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform such duties. (Sec. 205) Repeals a Federal judicial code provision authorizing the parties to consent to appeals of decisions by magistrate judges in civil cases to a judge of the district court in the same manner as with respect to appeals from a judgment of the district court to a court of appeals. (Sec. 206) Requires each judicial council, by January 31 of each year, to submit a report to the Administrative Office on orders entered during the preceding calendar year relating to judicial misconduct or disability. (Sec. 207) Modifies the Federal criminal code to: (1) make an exception to the provision authorizing any person charged with a misdemeanor to elect to be tried before a judge of the relevant district court in the case of a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction; and (2) prohibit the magistrate judge from proceeding to try the case unless the defendant expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Requires any such consent and waiver to be made in writing or orally on the record. Authorizes the magistrate judge: (1) in a case involving a juvenile and a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, to exercise powers granted to the district court; and (2) in any other class B or C misdemeanor case involving a juvenile in which consent to trial before a magistrate judge has been filed, to exercise such powers. Modifies the Federal judicial code regarding powers of U.S. magistrates to grant the power to enter a sentence for a petty offense that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction, and for a class A misdemeanor or a class B or C misdemeanor not covered by such provision in a case in which the parties have consented. (Sec. 208) Increases the threshold amount in controversy (from $50,000 to $75,000) to qualify for diversity of citizenship. Title III: Judiciary Personnel Administration, Benefits, and Protections - Revises provisions under the Federal judicial code regarding: (1) the refund of contribution for deceased deferred annuitants under the judicial survivors' annuities system; and (2) the contribution rate for senior judges under the judicial survivors' annuities system. (Sec. 302) Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that when filling vacancies: (1) the court of appeals may consider reappointing incumbent bankruptcy judges; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment pursuant to a majority vote of the judges of the appointing court of appeals, under specified procedures. (Sec. 304) Deems a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter. (Sec. 305) Authorizes the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment. (Sec. 308) Amends the Federal judicial code to authorize retroactive credit for resumption of a significant workload by a judge under specified circumstances and aggregation by a justice or judge for partial years worked. (Sec. 309) Provides that: (1) no judicial officer shall be held liable for any costs, including attorney's fees, in any action brought against such officer for an act or omission taken in such officer's judicial capacity, unless such action was clearly in excess of such officer's jurisdiction; and (2) injunctive relief shall not be granted in any action brought against a judicial officer for an official act or omission, unless a declaratory decree was violated or declaratory relief was unavailable. Title IV: Judicial Financial Administration - Amends the Federal judicial code to increase the civil action filing fee in U.S. district court from $120 to $150. Modifies the allocation of filing fees to the special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of U.S. courts. (Sec. 402) Authorizes the Director of the Administrative Office to: (1) prescribe a uniform fee for examinations for qualified interpreters; and (2) include in any contract for the development or administration of such examinations a provision permitting the contractor to collect and retain fees in payment for contractual services. (Sec. 403) Directs the Judicial Conference to periodically prescribe the fees and costs to be charged and collected by the Judicial Panel on Multidistrict Litigation. (Sec. 404) Sets forth provisions regarding the disposition of attorney admission fees and bankruptcy complaint filing fees. Title V: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to require the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are age 64 or younger; (2) have served as a judge of the court for one year or more; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge. Title VI: Places of Holding Court - Amends the Federal judicial code to direct that: (1) court for the Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County or in an appropriate nearby location; (2) court for the Sherman Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano; and (3) court for the Northern Division of Utah be held Ogden (as under current law) and Salt Lake City; and (4) court for the Central Division of Utah be held at Salt Lake City (as under current law), Provo, and St. George . Title VII: Miscellaneous - Modifies the Federal judicial code to authorize a member of: (1) the Judicial Conference to be a district judge retired from regular active service; and (2) the Board of the Federal Judicial Center to be a circuit or district judge retired from regular active service. (Sec. 702) Makes technical amendments relating to: (1) the Director and Deputy Director of the Administrative Office as Federal officers; (2) the filing of notice of removal of a criminal proceeding from a State court; and (3) Federal Judicial Center employee retirement provisions. (Sec. 705) Modifies the Regional Rail Reorganization Act of 1973 to abolish the judicial panel established under such Act. Transfers such panel's jurisdiction and future rail reorganization proceedings to the U.S. District Court for the District of Columbia. (Sec. 706) Revises the Federal judicial code to: (1) make an exception to the residency requirement for district judges appointed to the Southern and Eastern Districts of New York; and (2) specifically authorize the court to make available arbitration in appropriate cases with respect to civil justice expense and delay reduction plans. Extends by six months the due dates of reports under the Civil Justice Reform Act of 1990 on demonstration and pilot programs. (Sec. 708) Modifies the definition of "district court," for purposes of provisions regarding change of venue and cure or waiver of defects, to mean the District Courts of Guam, the Virgin Islands, and the Northern Mariana Islands.
Bill· HRH.R. 4285 (104th)referred
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
Bill· HRH.R. 4149 (104th)referred
United States · United States Congress · 24 September 1996
Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.
Bill· HRH.R. 4062 (104th)referred
United States · United States Congress · 12 September 1996
Illegal Alien Education Impact Aid Act of 1996 - Directs the Secretary of Education to reimburse States for costs of educating certain illegal alien students. Authorizes appropriations.
Bill· HJRESH.J.Res. 189 (104th)open
United States · United States Congress · 4 September 1996
Grants the consent of the Congress to the Interstate Insurance Receivership Compact among the States of California, Illinois, Michigan, Nebraska, New Hampshire, and Wisconsin (establishing the Interstate Insurance Receivership Commission to: (1) implement uniform Insurer Receivership laws and operations; and (2) coordinate operations with the Guaranty Associations of the Compact States).
Bill· HRH.R. 4019 (104th)referred
United States · United States Congress · 4 September 1996
Fair Housing Reform and Freedom of Speech Act of 1996 - Amends the Fair Housing Act to permit a dwelling restriction relating to number of unrelated inhabitants, building proximity, or inhabitant's criminal record if such restriction's purpose is to limit land use to single family dwellings. States that such Act shall not be construed to apply to lawful activity, including a legal action, engaged in solely to: (1) achieve or prevent governmental action; or (2) receive a judicial interpretation of any provision of such Act.
Bill· HRH.R. 3968 (104th)open
United States · United States Congress · 2 August 1996
TABLE OF CONTENTS: Title I: Criminal Law and Criminal Justice Amendments Title II: Judicial Process Improvements Title III: Judiciary Personnel Administration, Benefits, and Protections Title IV: Judicial Financial Administration Title V: Federal Courts Study Committee Recommendations Title VI: Places of Holding Court Title VII: Miscellaneous Federal Courts Improvement Act of 1996 - Title I: Criminal Law and Criminal Justice Amendments - Amends the Federal criminal code to authorize probation and pretrial services officers, if approved by the court, to carry firearms under such regulations as the Director of the Administrative Office of the United States Courts may prescribe. Title II: Judicial Process Improvements - Amends the Federal judicial code to expand the duties of a magistrate on an emergency assignment in a judicial district other than the one for which he or she has been appointed. (Sec. 202) Specifies that a judgment in an action for the recovery of money or property entered in any court of appeals or bankruptcy court, as well as any district court, may be registered by filing a certified copy of the judgment, subject to specified requirements. (Sec. 203) Provides that when: (1) the office of clerk of court is vacant, the deputy clerks shall perform the duties of the clerk in the name of the last person who held that office; and (2) the clerk is incapacitated, absent, or otherwise unavailable to perform official duties, the deputy clerks shall perform such duties. (Sec. 204) Provides that, until specified amendments made by the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 become effective in a judicial district and apply to a case, a bankruptcy administrator appointed to serve in the district shall appoint the trustees, examiners, and standing trustees. (Sec. 205) Repeals a Federal judicial code provision authorizing the parties to consent to appeals of decisions by magistrate judges in civil cases to a judge of the district court in the same manner as on an appeal from a judgment of the district court to a court of appeals. (Sec. 207) Requires each judicial council, by January 31 of each year, to submit a report to the Administrative Office on orders entered during the preceding calendar year relating to judicial misconduct or disability. Title III: Judiciary Personnel Administration, Benefits, and Protections - Amends the Federal judicial code to authorize, for retirement eligibility determinations, retroactive credit for resumption of a significant workload by a judge under specified circumstances and aggregation by a justice or judge for partial years worked. (Sec. 302) Revises provisions regarding: (1) the refund of contribution for deceased deferred annuitants under the judicial survivors' annuities system; and (2) the contribution rate for senior judges under the judicial survivors' annuities system. (Sec. 303) Amends the Bankruptcy Amendments and Federal Judgeship Act of 1984 to provide that when filling vacancies: (1) the court of appeals may consider reappointing incumbent bankruptcy judges; and (2) all incumbent nominees seeking reappointment may be considered for such a reappointment pursuant to a majority vote of the judges of the appointing court of appeals, under specified procedures. (Sec. 305) Deems a court reporter to be a full-time employee during any pay period for which the reporter receives a salary at the annual salary rate fixed for a full-time reporter. (Sec. 306) Authorizes the presiding judicial officer to appoint a certified or otherwise qualified sign language interpreter to provide services to a participant in a judicial proceeding upon determining that such participant suffers from a hearing impairment. Title IV: Judicial Financial Administration - Amends the Federal judicial code to increase the civil action filing fee in U.S. district court from $120 to $150. Modifies the allocation of filing fees to the special fund of the Treasury to be available to offset funds appropriated for the operation and maintenance of the courts of the United States. (Sec. 402) Authorizes the Director of the Administrative Office to: (1) prescribe a uniform fee for examinations for qualified interpreters; and (2) include in any contract for the development or administration of such examinations a provision permitting the contractor to collect and retain fees in payment for contractual services. (Sec. 403) Directs the Judicial Conference to periodically prescribe the fees and costs to be charged and collected by the Judicial Panel on Multidistrict Litigation. (Sec. 404) Sets forth provisions regarding the disposition of attorney admission fees and bankruptcy complaint filing fees. Title V: Federal Courts Study Committee Recommendations - Amends the Federal judicial code to revise bankruptcy provisions to allow a bankruptcy judge to hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11, subject to specified requirements. (Sec. 502) Requires the chief judge of the Court of International Trade to be the judge of the court in regular active service who is senior in commission of those judges who: (1) are age 64 or younger; (2) have served for one year or more as a judge of the court; and (3) have not served previously as chief judge. Sets forth provisions regarding the precedence of judges in acting as chief judge. Title VI: Places of Holding Court - Amends the Federal judicial code to: (1) direct that court for the Southern District of New York be held at New York and White Plains (as under current law) and in the Middletown-Wallkill area of Orange County or in an appropriate nearby location and that court for the Sherman Division of the Eastern District of Texas be held at Sherman (as under current law) and Plano; and (2) authorize the Texarkana Divisions of the Western Division of Arkansas and the Eastern Division of Texas to be held anywhere within the Federal courthouse in Texarkana that is located astride the Texas-Arkansas State line. Title VII: Miscellaneous - Modifies the Federal judicial code to authorize a member of: (1) the Judicial Conference to be a district judge retired from regular active service; and (2) the Board of the Federal Judicial Center to be a circuit or district judge retired from regular active service. (Sec. 702) Makes technical amendments relating to: (1) the Director and Deputy Director of the Administrative Office as Federal officers; (2) the filing of notice of removal of a criminal proceeding from a State court; and (3) Federal Judicial Center employee retirement provisions. (Sec. 705) Modifies the Regional Rail Reorganization Act of 1973 to abolish the judicial panel established under such Act. Transfers such panel's jurisdiction and future rail reorganization proceedings to the U.S. District Court for the District of Columbia. (Sec. 706) Revises the Federal judicial code to: (1) make an exception to the residency requirement for district judges appointed to the Southern and Eastern Districts of New York; and (2) specifically authorize the court to make available arbitration in appropriate cases with respect to civil justice expense and delay reduction plans. (Sec. 707) Extends by six months the due dates of reports under the Civil Justice Reform Act of 1990 on demonstration and pilot programs. (Sec. 708) Extends by one year the authorization of appropriations for arbitration under the Judicial Improvements and Access to Justice Act. (Sec. 709) Modifies the definition of "district court," for purposes of provisions regarding change of venue and cure or waiver of defects, to mean the District Courts of Guam and the Virgin Islands and for the Northern Mariana Islands.
Bill· HRH.R. 4000 (104th)open
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.
Bill· HRH.R. 3988 (104th)referred
United States · United States Congress · 2 August 1996
Revises Federal criminal code provisions to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal crime of violence or a 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.
Bill· HRH.R. 3901 (104th)referred
United States · United States Congress · 25 July 1996
Veterans' Cemetery Protection Act of 1996 - Sets penalties for vandalism and theft at national cemeteries.
Bill· HRH.R. 3889 (104th)referred
United States · United States Congress · 24 July 1996
Amends the Internal Revenue Code to: (1) reduce the tax rate on wine (other than champagne and sparkling wine); and (2) repeal the credit for small domestic wine producers.
Bill· HRH.R. 3808 (104th)referred
United States · United States Congress · 12 July 1996
Provides for appointment of a U.S. Delegation (consisting of 13 Members of Congress) to the Intellectual Property Assembly of the Americas, which shall meet annually with representative parliamentary groups from other countries in the Americas to: (1) discuss common problems and interests in intellectual and industrial property; and (2) promote national and multilateral measures that may further common interests in such property. Authorizes appropriations.
Bill· HRH.R. 3783 (104th)referred
United States · United States Congress · 11 July 1996
Amends the Internal Revenue Code to temporarily permit two-year averaging of farm income.
Bill· HRH.R. 3724 (104th)referred
United States · United States Congress · 26 June 1996
Directs the Commissioner of Social Security to improve the social security card for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act. Amends Federal law to provide criminal penalties for fraud and related activities concerning work authorization documents.
Bill· HRH.R. 3631 (104th)referred
United States · United States Congress · 12 June 1996
TABLE OF CONTENTS: Title I: Recognition of the Millennium Society Title II: Commemorative Coins Title III: Commemorative Postage Stamps Millennium Society Act of 1996 - Title I: Recognition of the Millennium Society - Recognizes the Millennium Society (a nonprofit U.S. corporation chartered and organized under the laws of the State of Illinois on November 21, 1983) and any other organization that is organized and operated by the corporation exclusively for charitable and educational purposes. (Sec. 105) Sets forth the goals and purposes of the Society, which include: (1) establishing national goals for commemoration and celebration of the millennium in the United States and U.S. participation in such international events; (2) exercising exclusive jurisdiction over all matters pertaining to U.S. participation in commemorations or celebrations of the millennium; (3) coordinating activities and holding forums and symposiums to promote educational and cross-cultural exchange; and (4) establishing, endowing, and administering the Millennium Scholars Program. (Sec. 114) Grants the Society the sole and exclusive right to the use of specified symbols, emblems, trademarks, and names to carry out its functions. Authorizes the Society to allow contributors and suppliers of goods and services to use the Society's trade name, trademarks, symbols, insignia, emblems, seals, descriptive or designating marks, and slogans in advertising under specified conditions. Subjects to a civil action by the Society for the remedies provided in the Trademark Act of 1946 any person who, without the Society's consent, uses its trademark, symbol, insignia, emblem, seal, descriptive or designating mark, or slogan: (1) for the purposes of trade; (2) to induce the sale of any goods or services; (3) or to promote any theatrical exhibition, performance, or competition. Exempts persons who lawfully used such a symbol or slogan before the enactment of this Act. Allows the individuals to continue such lawful use for the same purpose and for the same goods or services. Title II: Commemorative Coins - Directs the Secretary of the Treasury to mint five-dollar gold coins and one-dollar silver coins emblematic of the events of the second millennium and the advent of the third. (Sec. 204) Provides for the issuance of such coins beginning on July 1, 1999, and ending on January 1, 2001. (Sec. 207) Requires all surcharges received from coin sales to be promptly paid to the Society, under specified conditions, to be used only for the purpose of supporting the Millennium Scholars Program. Title III: Commemorative Postage Stamps - Urges the U.S. Postal Service to cooperate with the Secretary and the Society in the: (1) issuance of appropriate first day of issuance postage stamps commemorating the end of the second millennium and the advent of the third; and (2) production of a philatelic numismatic combination as a unique item to be made available to the public for such commemoration.
Bill· HRH.R. 3604 (104th)open
United States · United States Congress · 10 June 1996
TABLE OF CONTENTS: Title I: Public Water Systems Subtitle A: Promulgation of National Primary Drinking Water Regulations Subtitle B: State Primary Enforcement Responsibility for Public Water Systems Subtitle C: Notification and Enforcement Subtitle D: Exemptions and Variances Subtitle E: Lead Plumbing and Pipes Subtitle F: Capacity Development Title II: Amendments to Part C Title III: General Provisions Regarding Safe Drinking Water Act Title IV: Miscellaneous Safe Drinking Water Act Amendments of 1996 - Title I: Public Water Systems - Subtitle A: Promulgation of National Primary Drinking Water Regulations - Amends the Safe Drinking Water Act (the Act) to: (1) repeal a provision requiring the Administrator of the Environmental Protection Agency to set new standards for 25 additional contaminants every three years; (2) require the Administrator to publish a list of contaminants that are not subject to proposed or promulgated national primary drinking water (NPDW) regulations, that are known or anticipated to occur in public water systems (systems), and that may require regulation; and (3) direct the Administrator, every five years, to determine whether to regulate not fewer than five contaminants on the list based on findings that such contaminants are known or are likely to occur in systems with a frequency and at a level of public health concern and that their regulation presents a meaningful opportunity for public health risk reduction. Sets forth provisions regarding: (1) judicial review; (2) contaminant selection priorities; (3) promulgation of maximum contaminant level (MCL) goals and NPDW regulations; and (3) publication of health advisories. (Sec. 102) Directs the Administrator to promulgate an information collection rule to obtain information that will facilitate further revisions to the NPDW regulation for disinfectants and disinfection byproducts, including microbial contaminants such as cryptosporidium. (Sec. 103) Authorizes a State exercising primary enforcement responsibility for systems to establish alternatives to filtration requirements in effect for systems having uninhabited, undeveloped watersheds in consolidated ownership, and having control over access to, and activities in, those watersheds under specified circumstances. (Sec. 104) Directs the Administrator, at the time an NPDW regulation is proposed, to publish a determination of whether the MCL benefits justify the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by increasing the concentration of other contaminants in drinking water, or by interfering with the efficacy of drinking water treatment techniques or processes used to comply with other NPDW regulations. (Sec. 105) Modifies the Act to require the Administrator to promulgate NPDW regulations requiring disinfection as a treatment technique for all systems at any time in the period beginning three years after enactment of this Act until the date on which the Administrator promulgates a Stage II rulemaking for disinfectants and disinfectant byproducts. (Sec. 106) Makes NPDW regulations effective three years after promulgation, with exceptions. (Sec. 107) Directs the Administrator to: (1) use the best available science in regulatory decisionmaking; (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable; and (3) prepare a health risk reduction and cost analysis for new regulations. (Sec. 108) Requires the Administrator to: (1) withdraw any existing proposed radon regulation and, within three years, propose and promulgate an NPDW regulation for radon under this Act's standard- setting procedures, taking into account the costs and benefits of control programs for radon from other sources; (2) promulgate an NPDW regulation for arsenic by January 1, 2000; (3) jointly conduct a study with the Director of the Centers for Disease Control and Prevention (CDCP Director) to establish a reliable dose-response relationship for potential adverse human health effects from sulfate exposure in drinking water. (Sec. 109) Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant without making a determination as to whether the benefits justify the costs and without performing a health risk reduction and cost analysis to address an urgent public health threat. (Sec. 110) Directs the Administrator: (1) to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a system; and (2) when issuing new regulations, to identify affordable treatment technologies for small public water systems serving populations of 3,300 to 10,000, populations of 500 to 3,300, and populations of 25 to 500. Subtitle B: State Primary Enforcement Responsibility for Public Water Systems - Modifies the Act to grant a State primary enforcement responsibility for systems during any period for which the Administrator determines that such State, not later than two years after NPDW regulations are promulgated, has adopted drinking water regulations which are no less stringent than the NPDW regulations, with two-year extensions permitted under specified circumstances. Specifies that a State with primary enforcement authority with respect to each existing NPDW regulation shall be considered to have primary enforcement authority over each new or revised NPDW regulation during a specified period. Subtitle C: Notification and Enforcement - Modifies the Act to require each system owner or operator to give notice to its customers of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Authorizes States to establish alternative notification requirements. Requires each community water system to issue an annual "consumer confidence report" to its customers. (Sec. 132) Revises enforcement provisions of the Act to require the Administrator to notify an appropriate local elected official prior to taking action to force a system to comply with Act requirements or commencing a civil suit. Requires notice and opportunity for a public hearing in cases where civil penalties are sought. Sets forth provisions regarding: (1) system owner or operator submission of a plan for consolidation, or transfer of ownership, of the system (which, if approved, limits enforcement actions); (2) State authority for administrative penalties; and (3) judicial review. Subtitle D: Exemptions and Variances - Specifies that for systems serving fewer than 3,300 persons, the maximum exemption period from any requirement regarding an MCL, any treatment technique requirement, or both, shall be four years if the State is exercising primary enforcement responsibility and determines that: (1) the system cannot meet the MCL or install Best Available Affordable Technology (BAAT) due to compelling economic circumstances and could not comply with the MCL through the use of alternate water supplies; (2) granting the exemption will provide a drinking water supply that protects public health given the duration of the exemption; and (3) the State has examined the system's technical, financial, and managerial capabilities to operate in, and maintain, compliance with the Act, has determined if management or restructuring changes that will result in compliance or improve the quality of the drinking water can reasonably be made, and, if so, requires such changes and a schedule therefor as a condition of the exemption. Sets forth similar conditions under which a State having primary enforcement responsibility shall grant a system serving 3,300 persons or fewer a variance allowing the use of BAAT where: (1) no best technology or other means is listed under the Act for the applicable category of systems; and (2) the Administrator has identified BAAT for that contaminant pursuant to certain procedures. Subtitle E: Lead Plumbing and Pipes - Modifies the Act to expand lead ban provisions to prohibit: (1) the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux, in the installation or repair of any system or any plumbing in a facility providing water for human consumption that is not lead free; (2) the sale (or other introduction into commerce), two years after enactment, of pipes and pipe or plumbing fittings or fixtures that are not lead free, except for pipes that are used in manufacturing or industrial processing; and (3) persons in the business of selling plumbing supplies, except manufacturers, from selling solder or flux that is not lead free (and requires any person selling solder or flux to label the product to indicate that it is illegal to use such solder or flux in the installation or repair of any plumbing providing water for human consumption). Provides that if voluntary standards for lead leaching from new plumbing fittings and fixtures are not established within one year, the Administrator, within two years, must issue regulations setting a performance standard establishing maximum leaching levels for fixtures intended to dispense water for human consumption (and, alternatively, if regulations are required but not issued within five years, bans the use of such plumbing or fixtures that contain more than four percent lead). Subtitle F: Capacity Development - Requires each State to obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations. Requires each State to: (1) prepare, periodically update, and submit to the Administrator a list of such systems that have a history of significant noncompliance and the reasons for noncompliance; and (2) develop and implement a strategy to assist systems in acquiring and maintaining technical, managerial, and financial capacity. Establishes reporting requirements. Directs the Administrator to support the States in developing capacity development strategies. Title II: Amendments to Part C - Requires the Administrator to: (1) publish guidance for States exercising primary enforcement responsibility for systems to carry out a source water assessment program within the State's boundaries; and (2) conduct a project to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands. Requires the State to make the results available to the public. Sets guidelines for approval and disapproval of State programs. (Sec. 202) Requires each Federal department or agency that owns or operates any facility in a wellhead protection area, that is engaged in any activity at such facility resulting in the contamination of water supplies, or that owns or operates any system to comply with all Federal, State, interstate, and local requirements respecting the protection of such areas and systems. Waives U.S. immunity regarding any such requirement. Authorizes: (1) the Administrator to issue an order assessing a penalty against a Federal agency found to have violated such a requirement; and (2) any interested person to obtain review of a penalty order so issued. Sets forth provisions regarding: (1) limits on State use of funds collected from the Federal Government; and (2) citizen enforcement. Title III: General Provisions Regarding Safe Drinking Water Act - Directs: (1) the Administrator to promulgate regulations specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity systems; and (2) any State exercising primary enforcement responsibility for systems to adopt and implement such requirements within two years, with an exception where the State has an operator certification program in effect on the date of enactment of this Act. (Sec. 302) Authorizes the Administrator to provide technical assistance to small systems to enable them to achieve and maintain compliance with applicable NPDW regulations, which may include preliminary engineering evaluations. Authorizes appropriations. Bars the use of any portion of a State revolving fund (SRF) for lobbying expenses. Directs that three percent of the total amount appropriated be used for technical assistance to systems owned or operated by Indian tribes. (Sec. 303) Authorizes appropriations for the public water system supervision (PWSS) program. Permits the Administrator to: (1) use a State's PWSS funds if the Administrator assumes primary enforcement responsibility for a State program; and (2) reserve a portion of SRFs from such a State if the PWSS grant appropriation is insufficient to fully administer a program in such State. (Sec. 304) Revises monitoring and information gathering requirements of the Act, including: (1) granting the Administrator authority to obtain information on a case-by-case basis to determine whether a person subject to an NPDW regulation has acted or is acting in compliance with such requirements; and (2) requiring every person subject to an NPDW regulation to provide such information as the Administrator may reasonably require to assist in establishing regulations. Directs the Administrator to: (1) review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator and promulgate any necessary modifications; and (2) promulgate regulations establishing criteria for a monitoring program for unregulated contaminants. Grants States exercising primary enforcement responsibility for systems specified interim and permanent monitoring relief authority. Requires the Administrator to review new analytical methods to screen for regulated contaminants. Authorizes the Administrator to approve such methods as are more accurate or cost-effective than established methods for use in compliance monitoring. (Sec. 305) Directs the Administrator to assemble and maintain a national drinking water occurrence data base, using information on the occurrence of both regulated and unregulated contaminants in systems and reliable information from public and private sources. (Sec. 306) Specifies that pending State, as well as Federal, court actions to require compliance with the Act may serve as a bar to civil law suits. (Sec. 307) Modifies the Act regarding whistle blower protection, including: (1) extending the time frame for an employee to file a discrimination complaint; (2) permitting the Secretary to determine that a violation has occurred only if the complainant has demonstrated that the involvement in an enforcement action was a contributing factor in the unfavorable personnel action; and (3) prohibiting relief from being ordered if the employer demonstrates that it would have taken the same personnel action in the absence of such behavior. (Sec. 308) Creates a State Revolving Fund program to provide financial assistance to facilitate compliance with NPDW standards and for projects to further the health protection objectives of the Act. Directs the Administrator to enter into agreements to make capitalization grants to eligible States, contingent upon their establishment of a drinking water treatment revolving loan fund. Sets forth provisions regarding the allocation of funds to States, permissible uses of funds, intended use plans, fund management, assistance for disadvantaged communities, State contributions, administration, a needs survey, allocations for Indian tribes and other areas, and set-asides. Authorizes appropriations. Requires the Administrator to reserve $10 million for health effects studies on drinking water contaminants, giving priority to studies of cryptosporidium, disinfection byproducts, arsenic, and of subpopulations at greater risk of adverse effects. (Sec. 309) Directs the Administrator to publish guidelines for water conservation plans for systems serving fewer than 3,300 persons, serving between 3,300 and 10,000 persons, and serving more than 10,000 persons. Authorizes a State to require a system seeking a loan or grant from an SRF to submit a water conservation plan consistent with such guidelines. Title IV: Miscellaneous - Modifies the definition of: (1) "primary drinking water regulation" to authorize the Administrator, at any time after promulgating a regulation, to issue guidance allowing the use of other equally effective methods to comply with the monitoring requirements of the regulation; and (2) "public water system" to mean a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, subject to specified requirements. (Sec. 402) Authorizes appropriations to carry out the Act. (Sec. 403) Authorizes the Administrator to provide financial assistance to New York State for demonstration projects implemented as part of the New York City watershed protection program. Authorizes appropriations. (Sec. 404) Directs the Administrator to develop and implement a program to identify and regulate substances that may have effects on humans similar to those produced by naturally occurring estrogen or other endocrine effects. Provides authority for the testing of other substances which may be found in sources of drinking water, including where the Administrator determines that a substantial population may be exposed to the substance. Directs the Administrator to order registrants, manufacturers, or importers to conduct tests under the program and submit their results. Provides for suspension of the sale or distribution of a substance by a registrant who fails to comply with a test order concerning that substance. Makes any other person subject to a test order who fails to comply liable for penalties and sanctions as provided in the Toxic Substances Control Act. Sets forth reporting requirements. (Sec. 405) Requires the Administrator to report every two years to the Congress on the implementation of this Act for States and Indian tribes where the Administrator has revoked primary enforcement responsibility. (Sec. 406) Specifies that water supplies from a system regulated under this Act shall not be used in connection with operation of geothermal heat pumps. (Sec. 407) Increases the penalty for violating an emergency order issued under Act provisions involving imminent and substantial endangerment to health. (Sec. 408) Requires the CDCP Director and the Administrator to jointly establish: (1) pilot waterborne disease occurrence studies for at least five major U.S. communities or systems, including a report on the findings and a national estimate of such occurrence; and (2) a national health care provider training and public education campaign. (Sec. 409) Directs the Administrator to conduct a continuing program of studies to identify groups within the general population that are at greater risk than the general population of adverse health effects from exposure to contaminants in drinking water. Authorizes appropriations. (Sec. 410) Modifies the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to: (1) establish standard of quality regulations for bottled water for each contaminant for which an NPDW regulation is issued by the Administrator, unless the Secretary determines that such regulation is not necessary because the contaminant is contained in water in systems but not in water used for bottled drinking water; (2) either promulgate a standard of quality regulation for such contaminants or make a determination that such regulation is unnecessary; and (3) establish a level for the contaminant in bottled water which is no less stringent than the MCL provided in the NPDW regulations for the same contaminant or requirements which are no less protective of public health than those applicable to water provided by systems using the treatment technique required by the NPDW regulation. Specifies that if the Secretary does not promulgate standard of quality regulations within specified time frames, the NPDW regulation for such contaminant shall be considered as the regulation applicable to bottled water.
Bill· HRH.R. 3605 (104th)referred
United States · United States Congress · 10 June 1996
Amends the Internal Revenue Code to exempt from tax certain State organizations or funds providing coverage for losses on property arising from earthquakes.
Bill· HRH.R. 3531 (104th)referred
United States · United States Congress · 23 May 1996
Database Investment and Intellectual Property Antipiracy Act of 1996 - Specifies that a database is subject to this Act if it is the result of a substantial investment of human, technical, financial, or other resources in the collection, assembly, verification, organization, or presentation of the database contents and the database is used or reused in commerce. (Sec. 4) Prohibits, without the owner's authorization: (1) extracting, using, or reusing all or a substantial part of the contents of a database in a manner that conflicts with the owner's normal exploitation of, or that adversely affects the actual or potential market for, the database (normal exploitation); (2) engaging in the repeated or systematic extraction, use, or reuse of insubstantial parts of the contents in a manner that cumulatively conflicts with the owner's normal exploitation; or (3) procuring, directing, or committing any such prohibited act. (Sec. 5) Allows a lawful user of a database made available to the public or placed in commercial use to extract, use, or reuse insubstantial parts of its contents, subject to specified limitations. (Sec. 6) Specifies that: (1) a database becomes subject to this Act when the necessary investment has been made to qualify its maker as such, and shall remain subject to this Act for a 25-year period; and (2) any change of commercial significance to a database shall make the resulting database subject to this Act for the applicable term. (Sec. 7) Provides civil remedies for violation of section 4. (Sec. 8) Sets penalties for willfully violating section 4 for direct or indirect commercial advantage or financial gain, or thereby causing loss or damage to an owner aggregating $10,000 or more in any one-year calendar period. (Sec. 10) Prohibits circumventing, without the authority of the owner or the law, database protection systems. (Sec. 11) Prohibits knowingly: (1) providing, or publicly distributing or importing for public distribution, false database management information; and (2) removing or altering database management information without authority of the owner or the law. (Sec. 12) Authorizes civil actions by persons injured by violations of section 10 or 11. (Sec. 13) Sets penalties for violations of section 11 with intent to defraud. (Sec. 14) Bars any action under this Act unless commenced within three years after the owner knew or should have known of the claim.
Bill· HRH.R. 3527 (104th)referred
United States · United States Congress · 23 May 1996
NAFTA Infrastructure Responsibility Act of 1996 - Authorizes the Secretary of Transportation to make grants to Mexican border States and local governments for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); and (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Authorizes appropriations. Amends the National Highway System Designation Act of 1995 to authorize appropriations to be used to enter agreements with Mexican border States that have established infrastructure banks to make available to them lines of credit for projects to construct Federal-aid highways which will support traffic resulting from NAFTA.
Bill· HRH.R. 3518 (104th)referred
United States · United States Congress · 23 May 1996
Amends the Clean Air Act to allow reformulated gasoline rules of States for which a certain waiver is in effect (permitting them to enforce State motor vehicle emissions standards) to apply in an ozone nonattainment area in lieu of Environmental Protection Agency-promulgated requirements if the State rules will achieve reductions in emissions of ozone-forming compounds and toxic air contaminants at least as great as would result from application of the Federal requirements.
Bill· HRH.R. 3460 (104th)open
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.
Bill· HRH.R. 3345 (104th)referred
United States · United States Congress · 25 April 1996
Drive Away from Ethanol Welfare Act of 1996 - Amends the Internal Revenue Code to repeal the credit for alcohol used to produce any ether. Limits other tax incentives to produce alcohol for use as fuel. Reduces the credit for any alcohol which is ethanol.
Bill· HRH.R. 3307 (104th)open
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.
Bill· HRH.R. 3199 (104th)open
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.
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