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 · 11 June 1996
Condemns the rash of arson against African-American churches across the United States during the past 18 months. Pledges to take steps to assist law enforcement authorities in apprehending the persons responsible. Supports the bipartisan legislation introduced by Representatives Conyers and Hyde to facilitate the prosecution of, and increase penalties against, arsonists who target houses of worship. Encourages the people of the United States to work within their own communities to prevent arson against African-American houses of worship.
United States · United States Congress · 10 June 1996
TABLE OF CONTENTS: Title I: Public Water Systems Subtitle A: Promulgation of National Primary Drinking Water Regulations Subtitle B: State Primary Enforcement Responsibility for Public Water Systems Subtitle C: Notification and Enforcement Subtitle D: Exemptions and Variances Subtitle E: Lead Plumbing and Pipes Subtitle F: Capacity Development Title II: Amendments to Part C Title III: General Provisions Regarding Safe Drinking Water Act Title IV: Miscellaneous Safe Drinking Water Act Amendments of 1996 - Title I: Public Water Systems - Subtitle A: Promulgation of National Primary Drinking Water Regulations - Amends the Safe Drinking Water Act (the Act) to: (1) repeal a provision requiring the Administrator of the Environmental Protection Agency to set new standards for 25 additional contaminants every three years; (2) require the Administrator to publish a list of contaminants that are not subject to proposed or promulgated national primary drinking water (NPDW) regulations, that are known or anticipated to occur in public water systems (systems), and that may require regulation; and (3) direct the Administrator, every five years, to determine whether to regulate not fewer than five contaminants on the list based on findings that such contaminants are known or are likely to occur in systems with a frequency and at a level of public health concern and that their regulation presents a meaningful opportunity for public health risk reduction. Sets forth provisions regarding: (1) judicial review; (2) contaminant selection priorities; (3) promulgation of maximum contaminant level (MCL) goals and NPDW regulations; and (3) publication of health advisories. (Sec. 102) Directs the Administrator to promulgate an information collection rule to obtain information that will facilitate further revisions to the NPDW regulation for disinfectants and disinfection byproducts, including microbial contaminants such as cryptosporidium. (Sec. 103) Authorizes a State exercising primary enforcement responsibility for systems to establish alternatives to filtration requirements in effect for systems having uninhabited, undeveloped watersheds in consolidated ownership, and having control over access to, and activities in, those watersheds under specified circumstances. (Sec. 104) Directs the Administrator, at the time an NPDW regulation is proposed, to publish a determination of whether the MCL benefits justify the costs. Authorizes the Administrator to establish an MCL for a contaminant at a level other than the feasible level if the technology, treatment techniques, and other means used to determine the feasible level would result in an increase in the health risk from drinking water by increasing the concentration of other contaminants in drinking water, or by interfering with the efficacy of drinking water treatment techniques or processes used to comply with other NPDW regulations. (Sec. 105) Modifies the Act to require the Administrator to promulgate NPDW regulations requiring disinfection as a treatment technique for all systems at any time in the period beginning three years after enactment of this Act until the date on which the Administrator promulgates a Stage II rulemaking for disinfectants and disinfectant byproducts. (Sec. 106) Makes NPDW regulations effective three years after promulgation, with exceptions. (Sec. 107) Directs the Administrator to: (1) use the best available science in regulatory decisionmaking; (2) ensure that the presentation of information on public health effects is comprehensive, informative, and understandable; and (3) prepare a health risk reduction and cost analysis for new regulations. (Sec. 108) Requires the Administrator to: (1) withdraw any existing proposed radon regulation and, within three years, propose and promulgate an NPDW regulation for radon under this Act's standard- setting procedures, taking into account the costs and benefits of control programs for radon from other sources; (2) promulgate an NPDW regulation for arsenic by January 1, 2000; (3) jointly conduct a study with the Director of the Centers for Disease Control and Prevention (CDCP Director) to establish a reliable dose-response relationship for potential adverse human health effects from sulfate exposure in drinking water. (Sec. 109) Authorizes the Administrator to promulgate an interim NPDW regulation for a contaminant without making a determination as to whether the benefits justify the costs and without performing a health risk reduction and cost analysis to address an urgent public health threat. (Sec. 110) Directs the Administrator: (1) to promulgate a regulation to govern the recycling of filter backwash water within the treatment process of a system; and (2) when issuing new regulations, to identify affordable treatment technologies for small public water systems serving populations of 3,300 to 10,000, populations of 500 to 3,300, and populations of 25 to 500. Subtitle B: State Primary Enforcement Responsibility for Public Water Systems - Modifies the Act to grant a State primary enforcement responsibility for systems during any period for which the Administrator determines that such State, not later than two years after NPDW regulations are promulgated, has adopted drinking water regulations which are no less stringent than the NPDW regulations, with two-year extensions permitted under specified circumstances. Specifies that a State with primary enforcement authority with respect to each existing NPDW regulation shall be considered to have primary enforcement authority over each new or revised NPDW regulation during a specified period. Subtitle C: Notification and Enforcement - Modifies the Act to require each system owner or operator to give notice to its customers of the concentration level of any unregulated contaminant for which the Administrator has required public notice. Authorizes States to establish alternative notification requirements. Requires each community water system to issue an annual "consumer confidence report" to its customers. (Sec. 132) Revises enforcement provisions of the Act to require the Administrator to notify an appropriate local elected official prior to taking action to force a system to comply with Act requirements or commencing a civil suit. Requires notice and opportunity for a public hearing in cases where civil penalties are sought. Sets forth provisions regarding: (1) system owner or operator submission of a plan for consolidation, or transfer of ownership, of the system (which, if approved, limits enforcement actions); (2) State authority for administrative penalties; and (3) judicial review. Subtitle D: Exemptions and Variances - Specifies that for systems serving fewer than 3,300 persons, the maximum exemption period from any requirement regarding an MCL, any treatment technique requirement, or both, shall be four years if the State is exercising primary enforcement responsibility and determines that: (1) the system cannot meet the MCL or install Best Available Affordable Technology (BAAT) due to compelling economic circumstances and could not comply with the MCL through the use of alternate water supplies; (2) granting the exemption will provide a drinking water supply that protects public health given the duration of the exemption; and (3) the State has examined the system's technical, financial, and managerial capabilities to operate in, and maintain, compliance with the Act, has determined if management or restructuring changes that will result in compliance or improve the quality of the drinking water can reasonably be made, and, if so, requires such changes and a schedule therefor as a condition of the exemption. Sets forth similar conditions under which a State having primary enforcement responsibility shall grant a system serving 3,300 persons or fewer a variance allowing the use of BAAT where: (1) no best technology or other means is listed under the Act for the applicable category of systems; and (2) the Administrator has identified BAAT for that contaminant pursuant to certain procedures. Subtitle E: Lead Plumbing and Pipes - Modifies the Act to expand lead ban provisions to prohibit: (1) the use of any pipe, pipe or plumbing fitting or fixture, solder, or flux, in the installation or repair of any system or any plumbing in a facility providing water for human consumption that is not lead free; (2) the sale (or other introduction into commerce), two years after enactment, of pipes and pipe or plumbing fittings or fixtures that are not lead free, except for pipes that are used in manufacturing or industrial processing; and (3) persons in the business of selling plumbing supplies, except manufacturers, from selling solder or flux that is not lead free (and requires any person selling solder or flux to label the product to indicate that it is illegal to use such solder or flux in the installation or repair of any plumbing providing water for human consumption). Provides that if voluntary standards for lead leaching from new plumbing fittings and fixtures are not established within one year, the Administrator, within two years, must issue regulations setting a performance standard establishing maximum leaching levels for fixtures intended to dispense water for human consumption (and, alternatively, if regulations are required but not issued within five years, bans the use of such plumbing or fixtures that contain more than four percent lead). Subtitle F: Capacity Development - Requires each State to obtain the legal authority or other means to ensure that all new community water systems and new nontransient, noncommunity water systems commencing operation after October 1, 1999, demonstrate technical, managerial, and financial capacity with respect to each NPDW regulation in effect, or likely to be in effect, on the date of commencement of operations. Requires each State to: (1) prepare, periodically update, and submit to the Administrator a list of such systems that have a history of significant noncompliance and the reasons for noncompliance; and (2) develop and implement a strategy to assist systems in acquiring and maintaining technical, managerial, and financial capacity. Establishes reporting requirements. Directs the Administrator to support the States in developing capacity development strategies. Title II: Amendments to Part C - Requires the Administrator to: (1) publish guidance for States exercising primary enforcement responsibility for systems to carry out a source water assessment program within the State's boundaries; and (2) conduct a project to demonstrate the most effective and protective means of assessing and protecting source waters serving large metropolitan areas and located on Federal lands. Requires the State to make the results available to the public. Sets guidelines for approval and disapproval of State programs. (Sec. 202) Requires each Federal department or agency that owns or operates any facility in a wellhead protection area, that is engaged in any activity at such facility resulting in the contamination of water supplies, or that owns or operates any system to comply with all Federal, State, interstate, and local requirements respecting the protection of such areas and systems. Waives U.S. immunity regarding any such requirement. Authorizes: (1) the Administrator to issue an order assessing a penalty against a Federal agency found to have violated such a requirement; and (2) any interested person to obtain review of a penalty order so issued. Sets forth provisions regarding: (1) limits on State use of funds collected from the Federal Government; and (2) citizen enforcement. Title III: General Provisions Regarding Safe Drinking Water Act - Directs: (1) the Administrator to promulgate regulations specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity systems; and (2) any State exercising primary enforcement responsibility for systems to adopt and implement such requirements within two years, with an exception where the State has an operator certification program in effect on the date of enactment of this Act. (Sec. 302) Authorizes the Administrator to provide technical assistance to small systems to enable them to achieve and maintain compliance with applicable NPDW regulations, which may include preliminary engineering evaluations. Authorizes appropriations. Bars the use of any portion of a State revolving fund (SRF) for lobbying expenses. Directs that three percent of the total amount appropriated be used for technical assistance to systems owned or operated by Indian tribes. (Sec. 303) Authorizes appropriations for the public water system supervision (PWSS) program. Permits the Administrator to: (1) use a State's PWSS funds if the Administrator assumes primary enforcement responsibility for a State program; and (2) reserve a portion of SRFs from such a State if the PWSS grant appropriation is insufficient to fully administer a program in such State. (Sec. 304) Revises monitoring and information gathering requirements of the Act, including: (1) granting the Administrator authority to obtain information on a case-by-case basis to determine whether a person subject to an NPDW regulation has acted or is acting in compliance with such requirements; and (2) requiring every person subject to an NPDW regulation to provide such information as the Administrator may reasonably require to assist in establishing regulations. Directs the Administrator to: (1) review the monitoring requirements for not fewer than 12 contaminants identified by the Administrator and promulgate any necessary modifications; and (2) promulgate regulations establishing criteria for a monitoring program for unregulated contaminants. Grants States exercising primary enforcement responsibility for systems specified interim and permanent monitoring relief authority. Requires the Administrator to review new analytical methods to screen for regulated contaminants. Authorizes the Administrator to approve such methods as are more accurate or cost-effective than established methods for use in compliance monitoring. (Sec. 305) Directs the Administrator to assemble and maintain a national drinking water occurrence data base, using information on the occurrence of both regulated and unregulated contaminants in systems and reliable information from public and private sources. (Sec. 306) Specifies that pending State, as well as Federal, court actions to require compliance with the Act may serve as a bar to civil law suits. (Sec. 307) Modifies the Act regarding whistle blower protection, including: (1) extending the time frame for an employee to file a discrimination complaint; (2) permitting the Secretary to determine that a violation has occurred only if the complainant has demonstrated that the involvement in an enforcement action was a contributing factor in the unfavorable personnel action; and (3) prohibiting relief from being ordered if the employer demonstrates that it would have taken the same personnel action in the absence of such behavior. (Sec. 308) Creates a State Revolving Fund program to provide financial assistance to facilitate compliance with NPDW standards and for projects to further the health protection objectives of the Act. Directs the Administrator to enter into agreements to make capitalization grants to eligible States, contingent upon their establishment of a drinking water treatment revolving loan fund. Sets forth provisions regarding the allocation of funds to States, permissible uses of funds, intended use plans, fund management, assistance for disadvantaged communities, State contributions, administration, a needs survey, allocations for Indian tribes and other areas, and set-asides. Authorizes appropriations. Requires the Administrator to reserve $10 million for health effects studies on drinking water contaminants, giving priority to studies of cryptosporidium, disinfection byproducts, arsenic, and of subpopulations at greater risk of adverse effects. (Sec. 309) Directs the Administrator to publish guidelines for water conservation plans for systems serving fewer than 3,300 persons, serving between 3,300 and 10,000 persons, and serving more than 10,000 persons. Authorizes a State to require a system seeking a loan or grant from an SRF to submit a water conservation plan consistent with such guidelines. Title IV: Miscellaneous - Modifies the definition of: (1) "primary drinking water regulation" to authorize the Administrator, at any time after promulgating a regulation, to issue guidance allowing the use of other equally effective methods to comply with the monitoring requirements of the regulation; and (2) "public water system" to mean a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, subject to specified requirements. (Sec. 402) Authorizes appropriations to carry out the Act. (Sec. 403) Authorizes the Administrator to provide financial assistance to New York State for demonstration projects implemented as part of the New York City watershed protection program. Authorizes appropriations. (Sec. 404) Directs the Administrator to develop and implement a program to identify and regulate substances that may have effects on humans similar to those produced by naturally occurring estrogen or other endocrine effects. Provides authority for the testing of other substances which may be found in sources of drinking water, including where the Administrator determines that a substantial population may be exposed to the substance. Directs the Administrator to order registrants, manufacturers, or importers to conduct tests under the program and submit their results. Provides for suspension of the sale or distribution of a substance by a registrant who fails to comply with a test order concerning that substance. Makes any other person subject to a test order who fails to comply liable for penalties and sanctions as provided in the Toxic Substances Control Act. Sets forth reporting requirements. (Sec. 405) Requires the Administrator to report every two years to the Congress on the implementation of this Act for States and Indian tribes where the Administrator has revoked primary enforcement responsibility. (Sec. 406) Specifies that water supplies from a system regulated under this Act shall not be used in connection with operation of geothermal heat pumps. (Sec. 407) Increases the penalty for violating an emergency order issued under Act provisions involving imminent and substantial endangerment to health. (Sec. 408) Requires the CDCP Director and the Administrator to jointly establish: (1) pilot waterborne disease occurrence studies for at least five major U.S. communities or systems, including a report on the findings and a national estimate of such occurrence; and (2) a national health care provider training and public education campaign. (Sec. 409) Directs the Administrator to conduct a continuing program of studies to identify groups within the general population that are at greater risk than the general population of adverse health effects from exposure to contaminants in drinking water. Authorizes appropriations. (Sec. 410) Modifies the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to: (1) establish standard of quality regulations for bottled water for each contaminant for which an NPDW regulation is issued by the Administrator, unless the Secretary determines that such regulation is not necessary because the contaminant is contained in water in systems but not in water used for bottled drinking water; (2) either promulgate a standard of quality regulation for such contaminants or make a determination that such regulation is unnecessary; and (3) establish a level for the contaminant in bottled water which is no less stringent than the MCL provided in the NPDW regulations for the same contaminant or requirements which are no less protective of public health than those applicable to water provided by systems using the treatment technique required by the NPDW regulation. Specifies that if the Secretary does not promulgate standard of quality regulations within specified time frames, the NPDW regulation for such contaminant shall be considered as the regulation applicable to bottled water.
United States · United States Congress · 6 June 1996
TABLE OF CONTENTS: Title I: Repeal of the Public Utility Holding Company Act of 1935 Title II: Enactment of the Public Utility Holding Company Act of 1996 Title III: Conforming Changes to Other Statutes Public Utility Holding Company Act of 1996 - Title I: Repeal of the Public Utility Holding Act of 1935 - Repeals the Public Utility Holding Company Act of 1935 (PUHCA). Title II: Enactment of the Public Utility Holding Company Act of 1996 - Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers. Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company. Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates). Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act. Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC. Title III: Conforming Changes to Other Statutes - Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 5 June 1996
Worker Right to Know Act - Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes. Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction. Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. Directs the National Labor Relations Board to prescribe the size and form of such notice. Provides, under NLRA, that employees subject to union security agreements who pay dues and fees for the required limited purposes shall have the same right as any union member to participate in union affairs related to such purposes (collective bargaining, contract administration, or grievance adjustment). Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to prescribe related regulations.
United States · United States Congress · 22 May 1996
Parkinson's Research, Assistance, and Education Act of 1996 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease and related disorders. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations. Prohibits using amounts made available under this Act for Parkinson's research or therapy that uses human fetal tissue, cells, or organs obtained in connection with an induced abortion, but allows such use in connection with a spontaneous abortion or an ectopic pregnancy.
United States · United States Congress · 16 May 1996
TABLE OF CONTENTS: Title I: Designation and Treatment of Renewal Communities Title II: Additional Tax Provisions Title IV (sic): Low-Income Educational Opportunity Scholarship Program Title III (sic): Prevention and Treatment of Substance Abuse Title V (sic): CRA Credit for Investments in Community Development Organizations Located in Renewal Communities Saving Our Children: The American Community Renewal Act of 1996 - Title I: Designation and Treatment of Renewal Communities - Renewing American Communities Act of 1996 - Amends the Internal Revenue Code to create a new subchapter on renewal communities (RCs), authorizing designation of not more than 100 areas as RCs if: (1) the areas have pervasive poverty, unemployment, and general distress and meet other requirements; and (2) State and local governments agree to take actions such as tax reduction, crime reduction strategies, and reducing, repealing, or not enforcing within the area certain governmental requirements such as licensing, zoning, and permits. Sets forth special rules for empowerment zones and enterprise communities designated as RCs. Excludes from gross income the capital gain from an RC stock, business property, or partnership interest held more than five years. Allows a deduction for the purchase of RC stock. Allows a deduction to any qualified individual or other person for amounts paid in cash to a family development account for the individual's benefit. Allows family development account use for postsecondary education, first home purchase, business capitalization, medical expenses, and qualified rollovers. Excludes family development accounts from taxation. Requires that the individual resided in an RC and was allowed an earned income credit for the preceding taxable year. Authorizes designation of not more than 25 RCs as FDA matching demonstration areas. Mandates, to the extent provided in appropriations Acts, depositing into each individual's account the amount deposited into that individual's family development account during the year. Sets the commercial revitalization credit (established below) at 20 to 50 percent of the revitalization expenditures regarding a revitalization building. Increases, for an RC business, the dollar limit on expensing certain depreciable business assets. (Sec. 105) Requires that any: (1) reduction in taxes regarding any RC be disregarded in determining the eligibility of a State or local government for, or the amount of, any assistance or benefits under any U.S. law other than the subchapter created by this title; and (2) RC be treated for all Federal law purposes as a labor surplus area. (Sec. 106) Allows a deduction for deposits to family development accounts and a credit for commercial revitalization expenditures. Title II: Additional Tax Provisions - Decreases the targeted jobs credit percentage and revises the list of targeted groups and related definitions. Renames the credit as the work opportunity credit. (Sec. 202) Allows an individual a credit for 75 percent of the contributions to an organization: (1) described in Internal Revenue Code section 501(c)(3) (charitable, etc., organizations); (2) primarily assisting poor individuals; and (3) meeting other requirements, including limitations on political activity. (Sec. 203) Allows a charitable contribution deduction to an individual who does not itemize deductions. Title IV (sic): Low-Income Educational Opportunity Scholarship Program - Low-Income Educational Opportunity Act of 1996 - Requires an RC to establish and operate a Low-Income Educational Opportunity Scholarship program to: (1) provide RC families a choice of schools; and (2) provide assistance for attending public and private elementary and secondary schools, including religious schools. (Sec. 408) Requires that children attending: (1) private schools receive assistance for tuition, fees, and transportation; and (2) alternative public schools receive assistance for transportation. (Sec. 409) Sets forth school eligibility requirements. (Sec. 410) Declares that a scholarship under this title is an award of aid to a family, not to a school or institution. Prohibits deeming scholarships as parental income for Federal income tax purposes or for determining eligibility for other Federal programs. Requires, if a State law or constitution does not allow the expenditure of State or local funds by religious organizations, that the RC segregate Federal funds from State or other public funds. (Sec. 415) Requires that any constitutional challenge to the program be tried immediately in U.S. District Court and provides for a right of immediate appeal to the U.S. Supreme Court. (Sec. 417) Authorizes appropriations. Title III (sic): Prevention and Treatment of Substance Abuse - Amends the Public Health Service Act (PHSA) to declare that these provisions apply to each program under the PHSA that makes Federal awards to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization (RO) to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes ROs eligible on the same basis as any other nonprofit private organization so long as activities are implemented consistent with the establishment clause of the First Amendment of the Constitution. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that an RO, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires an RO to arrange for services through an alternative entity if an individual objects to the RO. Allows an RO to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by ROs, that the RC segregate Federal funds from State or other public funds. Requires giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the RO has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. Title V (sic): CRA Credit for Investments in Community Development Organizations Located in Renewal Communities - Amends the Community Reinvestment Act of 1977 to allow the appropriate Federal financial supervisory agency, in assessing the record of a financial institution, to consider the institution's ventures with any community development organization in an RC. Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to waive certain human drug application or supplement fees for drugs developed in an RC.
United States · United States Congress · 10 May 1996
Minimum Wage for Families Act - Amends the Internal Revenue Code to change the heading of the section allowing a tax credit popularly known as the "earned income tax credit" to read "Working Families Support Credit" (WFSC). (The current section heading reads "Earned income.") Conditions eligibility for the WFSC on individuals: (1) including their social security numbers on their tax returns; and (2) having a qualifying child. Removes provisions defining a qualifying child as including a student under the age of 24. Includes in the definition of "disqualified income" income from passive activities. Modifies how adjusted gross income is determined for the WFSC, including regarding certain: (1) child support payments; (2) non-taxable income; (3) income not included in gross income; (4) amounts relating to capital losses, trade or business losses, and estate and trust losses. Changes phaseout percentages and other percentages and amounts used in the calculation of the WFSC. Mandates monthly payment of the WFSC portion of any refund unless the WFSC is under $600. Increases penalties on: (1) tax preparers for understatement of tax liability and other actions; and (2) any person who aids and abets an understatement. Mandates reports to the Congress on: (1) ways to encourage WFSC recipients to obtain advance payments, reduce advance payment fraud, and reduce advance payment burdens on small businesses; and (2) the feasibility and effects of converting food stamps into cash payments and making those payments in the same payments as WFSC monthly payments.
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
Breast-Cancer Research Stamp Act - Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is one cent higher than the regular rate as an alternative that patrons may use voluntarily to contribute to funding for breast-cancer research. Authorizes the Service to design and sell special stamps. Requires the Service to pay amounts attributable (additional revenues minus costs) to the one-cent differential to the National Institutes of Health as mutually agreed.
United States · United States Congress · 2 May 1996
Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) corrective action and compensation programs under State financial responsibility requirements; (3) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (4) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to owner or operator recipients of Trust Fund amounts under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs.
United States · United States Congress · 1 May 1996
Designates the Southern Piedmont Conservation Research Center located at 1420 Experimental Station Road in Watkinsville, Georgia, as the J. Phil Campbell, Senior Natural Resource Conservation Center.
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
Constitutional Amendment - Provides that three years after ratification of this amendment: (1) the 16th amendment to the U.S. Constitution is repealed; and (2) the Congress shall have no power to lay and collect taxes on incomes, except in time of war declared by the Congress.
United States · United States Congress · 18 April 1996
Regulatory Accountability Act of 1996 - Amends the Congressional Budget and Impoundment Control Act of 1974 with regard to Federal mandates to make it out of order in the House of Representatives or the Senate to consider any new or reauthorized measure (controlled private regulatory legislation) imposing costs on the private sector of $100 million or more (controlled Federal private sector mandate) unless it specifies a regulatory cost authorization for each such mandate of the dollar amount of private sector costs authorized to result from implementing or enforcing regulations. Requires the Congressional Budget Office to estimate the costs of mandate compliance for each measure reported by an authorization committee. Prohibits the total amount of private sector compliance costs from exceeding the regulatory cost authorization for a covered law. Prohibits a proposed covered regulation from taking effect unless the Director of the Office of Management and Budget (OMB) has certified in the Federal Register that its implementation will not violate the first prohibition. Exempts from such prohibitions any regulation which the President finds is necessary because of an emergency. Requires such estimates to be publicly available for each covered law.
United States · United States Congress · 18 April 1996
Congressional Attendance Reform Act - Requires each Member of Congress to certify in writing that he or she has performed official congressional duties commensurate with such Member's pay as a condition of receiving pay each month. Requires the certification to: (1) be made to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as applicable; and (2) include a specification of any absence of the Member on a day during which any vote is taken in the House involved, together with the reason for such absence. Sets forth provisions regarding: (1) publication of the certification; and (2) criminal penalties for Members of Congress who make false statements in such certification. Prohibits payment of a Member for a day on which he or she is absent and during which any vote is taken in the House involved, unless the absence was for personal illness, family illness, or congressional business. Allows citizens to bring civil actions in district court against the Secretary or the Chief Administrative Officer for injunctive relief in the case of any payment in violation of this Act.
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 · 29 March 1996
Truth in Employment Act of 1996 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.
United States · United States Congress · 29 March 1996
Newborns' and Mothers' Health Protection Act of 1996 - Requires health plans and employee health benefit plans that provide maternity (including childbirth) benefits to ensure that coverage is provided for: (1) specified minimum periods after delivery; and (2) certain post-delivery care.
United States · United States Congress · 29 March 1996
Amateur Radio Volunteer Services Act of 1996 - Amends the Communications Act of 1934 to provide that an individual licensee in the amateur radio service who provides volunteer services to the Federal Communications Commission shall be deemed to be a Federal employee only for purposes of Federal tort claims procedure (the adjudication of claims against Federal employees for damages or injuries caused by the employee while acting within the scope of employment).
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 · 22 March 1996
Amends Federal law to exempt from hazardous material transportation regulation certain vehicles with a gross vehicle weight rating of 10,000 pounds or less, unless the Secretary of Transportation determines that the hazardous material involved poses a significant risk to health and safety or property.
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 · 19 March 1996
ERISA Clarification Act of 1995 - Directs the Secretary of Labor to issue guidance on the application of the Employee Retirement Income Security Act of 1974 (ERISA) to insurance company general accounts. Requires such guidance to: (1) be for purposes of determining, in cases where an insurer issues one or more policies to or for the benefit of an employee benefit plan, which assets of the insurer (other than plan assets held in its separate accounts) constitute assets of the plan for purposes of specified provisions of ERISA and the Internal Revenue Code; and (2) provide that assets not treated as plan assets under certain provisions not be treated as plan assets under other provisions. Authorizes the Secretary to exclude any assets of the insurer with respect to its operations, products, or services from treatment as plan assets.
United States · United States Congress · 14 March 1996
Amends the Fair Labor Standards Act of 1938 to provide that an employee's regular rate for purposes of calculating overtime compensation will not be affected by certain individual or group rewards for meeting or exceeding productivity, quality, efficiency, or sales goals specified in a gainsharing, incentive bonus, commission, or performance contingent bonus plan.
United States · United States Congress · 14 March 1996
Ward Valley Land Transfer Act - Directs the Secretary of the Interior to convey to the California Department of Health Services specified lands in San Bernardino County, California, known as the Ward Valley Site, upon the tendering to: (1) the Secretary of the Treasury of $500,100 on behalf of California; and (2) the Chairman of the Nuclear Regulatory Commission of a written commitment by California to carry out environmental monitoring and protection measures, based on recommendations of the National Academy of Sciences, subject to Federal oversight by the Commission.
United States · United States Congress · 13 March 1996
Amends title XVIII (Medicare) of the Social Security Act with regard to the Medicare health maintenance organization and competitive medical plans (organizations) program to require them to: (1) establish and maintain adequate arrangements with a sufficient number, mix, and distribution of health professionals in making services available and accessible under the program; and (2) provide for the full participation of all eligible physicians who graduated from either allopathic or osteopathic medical schools and have received training from programs approved by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association. Prohibits organizations from: (1) discriminating against a health physician or nonphysician health professional based solely on their certification or license, in participation in providing covered health services or reimbursement or indemnification for providing such services, if they may legally provide them in accordance with State law; or (2) excluding a nonphysician health professional from participation in its provider network based solely on the professional's certification or license or lack of affiliation with, or admitting privileges at, a hospital, if such lack of affiliation is due to the professional's type of license.
United States · United States Congress · 12 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets Subtitle C: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Law Subtitle F: Administrative Simplification Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to impose an eligibility period. (Sec. 103) Prohibits coverage exclusion on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this Act to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets - Requires each insurer or HMO that offers health insurance coverage in the small group market in a State to accept every applying small employer and every applying eligible individual. Allows minimum participation or contribution rules. (Sec. 132) Requires an insurer or HMO that offers coverage in the small or large group market to renew or continue the coverage at the option of the employer, except for nonpayment of premiums, fraud, and similar reasons. Allows uniform termination or modification of coverage. (Sec. 141) Requires each insurer or HMO that issues individual health insurance to offer coverage to each individual who previously had group coverage. Prohibits declining issuance based on health status. Allows superseding State mechanisms reasonably designed to meet the goals of guaranteeing coverage to qualifying individuals and assuring that the individuals receive credit for prior coverage toward the new coverage's preexisting condition exclusion period. (Sec. 142) Mandates renewal or continuation of individual coverage, except for nonpayment of premiums, fraud, or similar matters. (Sec. 151) Applies the civil money penalty provisions of subtitle A to subtitle B. Subtitle C: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring (unless a State elects otherwise) that a State plan under title XIX (Medicaid) of the Social Security Act be treated as a group health plan. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of SSA and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors; (5) issue advisory opinions and special fraud alerts; and (6) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established below. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established below. Makes certain appropriations to the Trust Fund and Account, earmarking specified amounts for activities of HHS' IG with respect to the Medicare and Medicaid programs under, respectively, SSA titles XVIII and XIX. (Sec. 202) Establishes the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of Medicare service providers and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Eliminates the responsibilities of fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) for carrying out certain activities to the extent such activities are carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of benefits under the Medicare program with respect to each furnished item or service for which payment may be made, whether or not a deductible or coinsurance payment may be imposed against the individual with respect to the item or service. Directs the HHS Secretary to establish a program to encourage individuals to: (1) report information on fraud and abuse under Medicare; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any reports of fraud or abuse; or (2) any savings resulting from any suggestions that are adopted. (Sec. 204) Amends SSA title XI to extend the application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program. (Sec. 205) Directs the HHS Secretary periodically to publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or exclusion; (3) advisory opinions by the Secretary with regard to SSA title XI civil monetary and criminal penalty provisions; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires subsequent issuance of any appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations (HMOs), in addition to the current option of termination. (Sec. 216) Excepts from anti-kickback penalties for discounting and managed care arrangements any remuneration between an organization and an item or service provider under a written agreement if: (1) the organization is a Medicare-eligible HMO or competitive medical plan; or (2) the written agreement places the item or service provider at substantial financial risk for the cost or utilization of such items or services which it is obligated to provide, whether through a withhold, capitation, or other similar risk arrangement. (Sec. 217) Establishes a criminal penalty for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalty and other related SSA title XI provisions, among other things: (1) subjecting to civil penalties certain program-excluded individuals who retain an ownership or control interest in a participating entity if they know or should know of the action constituting the basis for the exclusion at the time they violated such provisions; (2) increasing the amounts of various specified penalties and assessments, including those against health care practitioners who fail to comply with their statutory obligations; (3) prohibiting the offering of inducements to individuals enrolled under Medicare or a State health care program, including waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (4) establishing a penalty for false certification for home health services. (Sec. 232) Requires a knowing level of intent in a violation to justify the imposition of civil money penalties. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and to cover health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of health care offenses, and other specified matters related to health care fraud, such as the laundering of monetary instruments. (Sec. 247) Provides for injunctive relief relating to covered health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) to provide for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as security and privacy standards, and performance of tasks pursuant to specified requirements, assisted by a new Health Information Advisory Committee established by this Act. (Sec. 252) Establishes penalties for the wrongful disclosure of individually identifiable health information, among other violations of this subtitle.
United States · United States Congress · 12 March 1996
Radiopharmaceutical Review Improvement Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to require that the safety and effectiveness of a radiopharmaceutical be determined: (1) weighing the probable health benefit against any probable risk of injury or illness; and (2) taking into account the absence or presence of pharmacological and toxicological activity of the radiopharmaceutical and the estimated absorbed dose. Allows the indications for which a radiopharmaceutical intended for diagnostic purposes is approved to refer to processes, processes common to or present in one or more disease states, or a diagnostic procedure used in the diagnosis of one or more diseases. Requires that, if a radiopharmaceutical is the primary mode of action in a combination of drugs, the persons charged with premarket review of radiopharmaceutical products have primary regulatory jurisdiction.
United States · United States Congress · 7 March 1996
Amends the Higher Education Act of 1965 to eliminate a specified grant renewal limitation, thus permitting continued participation by Historically Black Graduate or Professional Schools in a grant program for such institutions.
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 · 27 February 1996
Patient Right to Know Act of 1996 - Prohibits an entity offering a health plan from: (1) providing, in any contract or agreement with a health care provider, any restriction on or interference with any medical communication; or (2) taking retaliatory action against a provider on the basis of a medical communication. Defines "medical communication" as being between a provider and: (1) a current, former, or prospective patient; (2) any employee or representative of the entity; or (3) any representative of any State or Federal authority with responsibility for licensing or oversight regarding the entity or plan. Mandates civil money penalties. Allows State requirements more protective of medical communications than the requirements of this Act.
United States · United States Congress · 1 February 1996
Antitrust Health Care Advancement Act of 1996 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service health care providers solely for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 20 December 1995
Directs the Secretary of Veterans Affairs to ensure that: (1) in any case during FY 1996 in which appropriations are not otherwise available for programs, projects, and activities of the Department of Veterans Affairs, payments of existing veterans' benefits and payments to contractors of the Veterans Health Administration for patient health and safety services are still made; and (2) in any case during FY 1996 in which certain Government functions are delayed, deferred, or canceled due to a limitation on the ability to borrow funds, payments of existing veterans' benefits are still made.
United States · United States Congress · 18 December 1995
Youth Development Community Block Grant Act of 1995 - Establishes a youth development block grant program. (Sec. 5) Authorizes appropriations. (Sec. 6) Sets forth formulae for allocation of funds to States for distribution to local boards for community-based youth development services. Sets forth requirements relating to distribution: (1) of State allotments; (2) of local allocations; (3) to other entities (Native American, including Native Hawaiian, organizations); and (4) to grant recipients. Provides for reallotments and reallocations. (Sec. 11) Requires establishment of county or multicounty Community Youth Development Boards to receive such assistance and make grants for youth development programs. Requires such Boards to submit community strategic plans and to carry out certain monitoring, evaluation, technical assistance, and reporting activities. (Sec. 13) Requires, as a condition for any entity within a State to receive such assistance, establishment or designation of a State entity to receive youth development input, review community youth development plans, monitor operations of community boards, provide technical assistance in developing and implementing community plans, and provide annual reports and audits. (Sec. 14) Directs the Assistant Secretary for Children and Families of the Department of Health and Human Services to: (1) establish and implement a mechanism to receive youth development advice and input; (2) develop and issue national policy goals and a national strategic plan for youth development; (3) establish a system for monitoring and evaluating the effectiveness of activities funded under this Act; (4) coordinate programs funded under this Act with other Federal programs serving youth and families; and (5) establish a system for providing training and technical assistance to States and local communities to increase their capacity to provide quality youth development services. Authorizes the Assistant Secretary to provide financial assistance to appropriate entities to carry out time-limited, research-based youth development demonstration programs designed to improve the knowledge base of the youth development and youth prevention fields. Directs the Assistant Secretary to: (1) report biennially to the President and the Congress; and (2) correct instances of noncompliance by providing training and technical assistance first and then, if necessary, terminating funding. (Sec. 15) Repeals specified provisions under: (1) certain Federal law relating to the Local Partnership Act; (2) the Violent Crime Control and Law Enforcement Act of 1994 relating to crime prevention programs and to urban recreation and at-risk youth; (3) the Elementary and Secondary Education Act of 1965 (ESEA) relating to school dropout demonstration assistance and to drug free schools and communities; (4) the Public Health Service Act relating to grants for the prevention of alcohol and drug abuse among high-risk youth; (5) the Juvenile Justice and Delinquency Prevention Act of 1974 relating to gang-free schools and communities, to mentoring, and to local delinquency programs; (6) the Human Services Reauthorization Act of 1986 relating to demonstration partnership agreements; (7) the Community Services Block Grant Act relating to the National Youth Sports Program; and (8) the Anti-Drug Abuse Act of 1988 relating to drug abuse prevention relating to youth gangs and runaway and homeless youth. (Sec. 17) Provides for transfer of a limited amount of funds from such repealed programs to the program under this Act.
United States · United States Congress · 18 December 1995
Emergency Lumber Act of 1995 - Imposes a 25 percent ad valorem duty on imported Canadian wood and lumber products. Requires the administering authority to initiate a countervailing duty investigation with respect to such products. Declares that the President is authorized to negotiate with free trade area countries for the purpose of entering into an agreement to modify certain terms of the North American Free Trade Agreement (NAFTA) and the United States-Canada Free-Trade Agreement to provide: (1) that the exclusive review by binational panels shall not apply to antidumping and countervailing duty determinations involving their merchandise; and (2) that such determinations shall be subject to judicial review in the same manner as determinations made with respect to non-free trade area countries. Declares further that: (1) such negotiations shall not affect the rights of the United States or a free trade area country to apply its domestic antidumping and countervailing duty laws to the imports of another country; and (2) if an agreement has been entered into pursuant to such negotiations, the President shall submit implementing legislation to the Congress. Extends "fast track" procedures to such legislation. Applies the requirements of this Act to goods from Canada or Mexico.
United States · United States Congress · 14 December 1995
Savings in Construction Act of 1995 - Amends the Metric Conversion Act of 1975 to define specified terms, including "hard-metric conversion" and "soft-metric conversion." Prohibits Federal agencies from: (1) using construction or procurement guidelines that require the use of hard-metric products if a majority of the related contracts would be likely to result in a certification under this Act; and (2) establishing bidding requirements or preferences for federally-assisted construction contracts that specify the use of hard-metric products if soft-metric production is feasible, and, as certified by an industry representative, hard-metric alternatives are not readily available, would exceed specified capital costs, and would result in negligible benefits, or would reduce competition or create special hardships.
United States · United States Congress · 14 December 1995
Provides that any individual who performs Operation Joint Endeavor services (United Nations-sponsored peacekeeping activities in Bosnia and Herzegovina) shall be entitled to the same tax benefits under specified provisions of the Internal Revenue Code that are provided to U.S. military personnel who perform service in an area designated by the President as a combat zone. Makes this Act effective for periods beginning on or after December 4, 1995.
United States · United States Congress · 12 December 1995
Senior Citizens' Access to Health Care Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare Program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
United States · United States Congress · 7 December 1995
Child Protection and Ethics I Education Act of 1995 - Directs the Comptroller General to conduct a study to determine whether programs, lectures, texts, or other pedagogical materials involving sexuality used by agencies, universities, or elementary and secondary schools (institutions) that receive Federal funds for educational purposes significantly or particularly rely on the scholarship of, directly or indirectly consisting of, or based on the studies entitled "Sexual Behavior in the Human Male" and "Sexual Behavior in the Human Female" authored by Alfred Kinsey and his team of researchers, published in 1948 and 1953 (Kinsey reports). Authorizes the General Accounting Office to evaluate whether the contents of the Kinsey reports are erroneous, wrongfully obtained by reason of fraud or criminal wrongdoing (i.e., systematic sexual abuse of children), or both. Directs: (1) the Comptroller General to complete such study and report to the Congress by May 1, 1996; and (2) the Secretary of Education, if the Comptroller General's determination is in the affirmative, to ensure that for FY 1997 and subsequent fiscal years no Federal funds are provided to any persons or institutions for any educational purpose which instruct in Kinsey's work, derivative Kinseyan scholars, or scholarship without indicating the unethical and tainted nature of the Kinsey report. Directs the chief executive officer of the State involved to certify to the Secretary which such agencies or school programs cite such materials.
![Official portrait of Rep. Norwood, Charles W. [R-GA-9]](https://www.congress.gov/img/member/n000159_200.jpg)