Bill· HRH.R. 4285 (104th)referred
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
Bill· HRH.R. 4148 (104th)referred
United States · United States Congress · 24 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.
Bill· HRH.R. 4102 (104th)referred
United States · United States Congress · 18 September 1996
Farm Transportation Regulatory Relief Act - Declares that Department of Transportation (DOT) regulations relating to the transportation of agricultural production material as a hazardous material (pesticides, fertilizers, and fuels) shall not prohibit a State from providing an exception from such regulations for farmers and retailers providing not-for-hire intrastate transportation of agricultural production materials from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply.
Resolution· HRESH.Res. 520 (104th)referred
United States · United States Congress · 11 September 1996
Establishes in the House of Representatives the Select Committee to Investigate CIA Involvement in Crack Cocaine Sales to Fund Contras to investigate and report to the House regarding: (1) existence of Central Intelligence Agency (CIA) files on cocaine purchases and arms transfers to inner-city south central Los Angeles residents; (2) CIA employment of Danilo Blandon and Edwin Menenses as informants; (3) diversion or intended diversion of funds appropriated by the Congress for assistance to Nicaraguan contras or the sale of crack cocaine for such purposes; and (4) any other matters deemed appropriate or germane to either CIA involvement in unauthorized or illegal drug sales or the use of informants to provide information on sale of crack cocaine to such residents.
Bill· HRH.R. 4046 (104th)referred
United States · United States Congress · 11 September 1996
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: General Provisions Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996 - Title I: Emergency Supplemental Appropriations - Makes emergency supplemental appropriations for FY 1996 to provide relief from the damages caused by Hurricane Fran and other natural disasters of 1996. Chapter 1: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Agriculture, for the Farm Service Agency's emergency conservation program; (2) the Natural Resources Conservation Service, for watershed and flood prevention operations; (3) the Rural Housing Service, for Rural Housing Insurance Fund Program Account direct loans, and for very low-income housing repair grants; (4) the Rural Utilities Service, for the rural utilities assistance program; and (5) the Commodity Credit Corporation, for covering 1996 crop losses. Chapter 2: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Commerce, for the Economic Development Administration's economic development assistance programs; and (2) the Small Business Administration, for the Disaster Loans Program Account. Chapter 3: Energy and Water Development - Makes such FY 1996 emergency appropriations to the Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil, for: (1) general operation and maintenance; and (2) flood control and coastal emergencies. Chapter 4: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes such FY 1996 emergency appropriations to: (1) the Department of Housing and Urban Development for community development grants; and (2) the Federal Emergency Management Agencies for disaster relief. Title II: General Provisions - Designates each amount provided for a program or activity in title I as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes such amount available only to the extent of a specific dollar amount for such program or activity that is: (1) included in an official budget request submitted by the President to the Congress; and (2) designated as an emergency requirement for all purposes of that Act. (Sec. 202) Authorizes Federal department or agency heads to waive certain restrictions in administering funds provided under title I.
Bill· HRH.R. 3966 (104th)referred
United States · United States Congress · 2 August 1996
Authorizes the President to award the Congressional Medal of Honor posthumously to Theodore Roosevelt for his actions in the attack of San Juan Heights, Cuba, during the Spanish-American War on July 1, 1898.
Bill· HRH.R. 3844 (104th)referred
United States · United States Congress · 17 July 1996
Directs the Secretary of the Army to pay specified sums to the estates of two named individuals in full satisfaction of all claims of specified parties against the United States in connection with the incident which resulted in the individuals' deaths.
Bill· HRH.R. 3817 (104th)open
United States · United States Congress · 16 July 1996
Amends the Internal Revenue Code to reduce the tax rate on beer.
Bill· HRH.R. 3810 (104th)referred
United States · United States Congress · 12 July 1996
Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of North Carolina. Authorizes appropriations.
Bill· HRH.R. 3783 (104th)referred
United States · United States Congress · 11 July 1996
Amends the Internal Revenue Code to temporarily permit two-year averaging of farm income.
Bill· HRH.R. 3775 (104th)referred
United States · United States Congress · 10 July 1996
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1998 through 2002 for: (1) the National Highway System (NHS); (2) the Surface Transportation Program (STP); and (3) the Federal Lands Highway Program (FLHP), including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 6) Modifies the definition of: (1) "Federal-aid system" to mean the NHS; and (2) NHS to mean the Federal-aid highway system established pursuant to Federal highway provisions. Defines: (1) "highest priority corridor" to mean (with exceptions) any NHS corridor that the Secretary determines has national and international significance, that directly accounts for at least 35 percent of the truck-borne traffic for Canadian and Mexican imports and exports, that has at least 20 percent truck traffic, that directly benefits impoverished areas, that provides multiple intermodal connections, and that connects to military bases; and (2) "highway funds" to mean the funds apportioned to a State for a fiscal year and the funds allocated to a State for the preceding fiscal year for Federal-aid highway and highway safety construction (other than funds made available for the FLHP and for emergency relief). Modifies provisions regarding Federal-aid systems and the formula for apportionments of NHS funds. (Sec. 7) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 8) Modifies STP provisions regarding the location of projects and allocations of apportioned funds. Authorizes a State, in nonattainment areas for ozone or carbon monoxide, or for PM-10 resulting from transportation activities, or any combination thereof, to obligate STP funds for any congestion mitigation and air quality improvement project or program without regard to any Department of Transportation limitation relating to the type of ambient air quality standard such project or program addresses. (Sec. 9) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent decennial census for which data are available. (Sec. 10) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 12) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program to provide that the Secretary shall allocate among the States amounts sufficient to ensure that the ratio of the highway funds of the State to those of all States for the fiscal year is not less than certain listed percentages for the State. Repeals existing apportionment adjustment programs.
Bill· HRH.R. 3665 (104th)referred
United States · United States Congress · 18 June 1996
Census of Agriculture Act of 1996 - Amends Federal law to transfer to the Secretary of Agriculture authority to conduct the census of agriculture. Sets forth confidentiality provisions.
Resolution· HCONRESH.Con.Res. 187 (104th)referred
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.
Resolution· HCONRESH.Con.Res. 186 (104th)referred
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.
Bill· HRH.R. 3654 (104th)referred
United States · United States Congress · 13 June 1996
Textile and Apparel Global Competitiveness Act of 1996 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines provided by this Act, and whose amounts shall be available: (1) to the Office of Textiles, Apparel, and Consumer Goods of the Department of Commerce for the American Textile Partnership (AMTEX), the Textile-Clothing Technology Center (TC2), and the National Textile Center (NTC); (2) for adjustment assistance for textile and apparel firms; and (3) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. Specifies: (1) a quota formula for new textile agreements with non-WTO countries which already have a textile agreement with the United States; and (2) provisions for inclusion in the accession protocol of countries acceding to the WTO. Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a textile import bilateral agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements (CITA) determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. Directs the Commissioner of Customs to establish a Division on Textile Enforcement. Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; (3) failing to provide adequate enforcement of intellectual property rights with respect to textile and apparel goods; or (4) failing to provide fair and equitable market access for U.S. textile and apparel goods.
Bill· HJRESH.J.Res. 182 (104th)failed
United States · United States Congress · 13 June 1996
Disapproves the recommendation of the President to extend nondiscriminatory treatment (most-favored-nation treatment) to the products of China.
Resolution· HCONRESH.Con.Res. 183 (104th)open
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.
Resolution· HCONRESH.Con.Res. 181 (104th)open
United States · United States Congress · 23 May 1996
States that the Secretary of Agriculture should use disaster reserve commodities to assist drought-affected livestock producers.
Bill· HRH.R. 3480 (104th)referred
United States · United States Congress · 16 May 1996
Utility Consumer Service Improvement and Protection Act of 1996 - Amends Federal transportation law to exempt a utility service vehicle driver from motor carrier safety regulations regarding: (1) maximum driving and on-duty times applicable to commercial motor vehicle operators; (2) installation of automatic recording devices associated with such times; and (3) physical testing, reporting, or recordkeeping. Prohibits construction of such exemption to exempt such drivers from mechanical safety or licensing requirements.
Bill· HRH.R. 3421 (104th)referred
United States · United States Congress · 8 May 1996
Directs the President, until certain conditions are met, to impose additional tariffs on Chinese goods in order to compensate for the losses to the U.S. economy resulting from certain Chinese Government acts, polices, and practices with respect to the enforcement of intellectual property rights and market access to persons who rely on intellectual property protection.
Bill· HRH.R. 3303 (104th)open
United States · United States Congress · 23 April 1996
National Oceanographic Partnership Act - Establishes the National Oceanographic Partnership Program. Sets forth the purposes of the program. Establishes the: (1) National Ocean Research Leadership Council; (2) Ocean Research Partnership Coordinating Group; and (3) Ocean Research Advisory Panel under the program. Sets forth the composition of membership and specified duties of each. Mandates certain annual reports. Authorizes appropriations for the National Oceanographic Partnership Program for FY 1997 and requires that a certain amount be available for the operations of the partnership program office for such fiscal year.
Bill· HRH.R. 3266 (104th)referred
United States · United States Congress · 17 April 1996
TABLE OF CONTENTS: Title I: Block Grants for Temporary Assistance for Needy Families Title II: Supplemental Security Income Subtitle A: Eligibility Restrictions Subtitle B: Benefits for Disabled Children Subtitle C: State Supplementation Programs Subtitle D: Studies Regarding Supplemental Security Income Program Subtitle E: National Commission on the Future of Disability Title III: Child Support Subtitle A: Eligibility for Services; Distribution of Payments Subtitle B: Locate and Case Tracking Subtitle C: Streamlining and Uniformity of Procedures Subtitle D: Paternity Establishment Subtitle E: Program Administration and Funding Subtitle F: Establishment and Modification of Support Orders Subtitle G: Enforcement of Support Orders Subtitle H: Medical Support Subtitle I: Enhancing Responsibility and Opportunity for Non-Residential Parents Subtitle J: Effect of Enactment Title IV: Restricting Welfare and Public Benefits for Aliens Subtitle A: Eligibility for Federal Benefits Subtitle B: Eligibility for State and Local Public Benefits Programs Subtitle C: Attribution of Income and Affidavits of Support Subtitle D: General Provisions Subtitle E: Conforming Amendments Title V: Reductions in Federal Government Positions Title VI: Reform of Public Housing Title VII: Child Care Title VIII: Child Nutrition Programs Subtitle A: National School Lunch Act Subtitle B: Child Nutrition Act of 1966 Title IX: Food Stamp and Related Programs Title X: Miscellaneous Bipartisan Welfare Reform Act of 1996 - Title I: Block Grants for Temporary Assistance for Needy Families - Expresses the sense of the Congress that prevention of out-of-wedlock pregnancy and reduction in out-of-wedlock births are very important Government interests. (Sec. 103) Replaces the current Aid to Families with Dependent Children (AFDC) program and Job Opportunities and Basic Skills Training Program (JOBS) under, respectively, parts A and F of title IV of the Social Security Act (SSA) with a program of block grants to the States for temporary assistance for needy families already with or expecting children (TEA program). Gives such program the stated purpose of increasing the flexibility of States in operating approved statewide programs, with: (1) certain mandatory work and education requirements (as well as penalties against adult family members on TEA who refuse to engage in various specified work activities); and (2) adult-supervised living arrangements for unmarried teenage parents to enable such families to leave the program and become self-sufficient. Includes participation in community service programs and subsidized public sector employment as TEA program work activities. Requires TEA programs to provide certain time-limited cash assistance (and thereafter vouchers) to eligible families entering into an individual responsibility plan with the State (with certain exceptions involving minor children and hardship situations), outlining their obligations in receiving TEA assistance (such as immunizing their children or finishing high school), as well as the specific services the State will provide (such as job preparation and family planning services and, at the State's option, substance abuse treatment services) to enable them to move into private sector employment. Requires State TEA programs also to: (1) establish annual numerical goals for preventing and reducing the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, over a specified ten-year period; and (2) encourage the formation and maintenance of two-parent families. Denies TEA for fugitive felons and probation and parole violators and minor children absent from the home for a significant period. Suspends it for ten years for persons who have fraudulently misrepresented residence to obtain assistance in two or more States. Denies additional cash assistance, as a general rule, for additional children born to families already on TEA (except in cases of rape and incest), unless State law specifically exempts the State TEA program from such denial. Reduces or denies TEA for noncooperation in child support. Outlines State TEA plan contents. Provides for the State's choice of treatment of aliens and families moving interstate, and for the exchange of certain plan information about TEA applicants or recipients with law enforcement officers under prescribed conditions. Sets forth requirements for State plan approval by the Secretary of Health and Human Services (HHS), which include certifications that the State will operate a child protection and child support enforcement program under SSA title IV parts B and D (Child-Welfare Services Program and Child Support and Establishment of Paternity Program), respectively. Details TEA program grant administrative provisions: (1) determining the amounts of State grants for family assistance for FY 1996 through 2001; (2) outlining grant uses, including assistance to families in meeting home heating and cooling costs, and a State program under the Child Care and Development Block Grant Act of 1990; (3) rewarding States with additional grant amounts for reductions in illegitimate births, as well as for population increases and TEA program work activities; and (4) establishing in the Treasury (and providing deposits for) a Contingency Fund for State Welfare Programs for payments to certain eligible participating States. Makes necessary appropriations. Sets up a Federal loan program for certain State TEA programs for anti-fraud and other specified activities. Makes necessary appropriations. Establishes penalties for States and individual families for specified grant and program violations, respectively, through reduced grants and assistance payments. Allows States to terminate assistance payments, but prohibits assistance reduction or termination based on a refusal of an adult to work if the adult is a single custodial parent caring for a child under age six and unable to obtain needed child care for one or more specified reasons. Provides for State appeal of Federal adverse decisions with respect to State plans or imposition of penalties. Outlines specific program data collection and reporting requirements, as well as certain research, evaluation, and study requirements. Makes necessary appropriations. Provides for TEA grants to Indian tribes (with a special rule for Alaska Native tribes). Makes necessary appropriations. Directs the Bureau of the Census to expand the Survey of Income and Program Participation to obtain information enabling interested persons to evaluate the impact of this title on a random national sample of State TEA recipients and other appropriate low-income families. Makes necessary appropriations. Provides for the treatment of current and previously granted State AFDC (welfare reform) waiver projects. Retains the HHS Assistant Secretary for Family Support as the official responsible for administering SSA title IV part A and D programs. Expresses the sense of the Congress encouraging each State operating a TEA program to: (1) assign the highest priority to requiring adults in two-parent families and in single-parent families with older preschool or school-age children to engage in work activities; and (2) require non-custodial, nonsupporting parents under age 18 to fulfill community work obligations and attend appropriate parenting or money management classes after school. (Sec. 104) Allows States to contract with charitable, religious, or private organizations to provide services and administer programs established or modified by this Act, or to provide program beneficiaries with certificates, vouchers, or other forms of disbursement redeemable with such organizations. Prohibits the expenditure of financial assistance under such programs for sectarian worship, instruction, or proselytization. (Sec. 105) Directs the Secretary of Commerce to expand the data collection efforts of the Bureau of the Census to enable it to collect certain data on grandparent caregivers. (Sec. 106) Directs the HHS Secretary to report to the Congress on the status of State automated data processing systems used in administering State programs under SSA title IV part A. (Sec. 107) Requires the HHS Secretary to report to the Congress on outcomes measures for evaluating the success of the States in moving individuals out of the welfare system through employment as an alternative to the minimum participation rates under mandatory TEA work requirements. (Sec. 108) Makes conforming amendments to SSA, the Food Stamp Act of 1977, and related provisions of other specified Federal laws. (Sec. 111) Directs the Commissioner of Social Security (Commissioner) to develop a prototype of a counterfeit-resistant social security card and study and report to the Congress on different methods of improving the social security card application process. (Sec. 112) Requires any organization accepting Federal funds under this Act to disclose that fact in any communication it makes that intends to promote public support or opposition to any Federal, State, or local government policy through any broadcasting station, periodical, or other specified type of general public advertising. Makes any organization failing to make such a disclosure ineligible to receive Federal funds under this Act. (Sec. 113) Amends the Family Support Act of 1988 to remove the "demonstration" status of the Job Opportunities for Certain Low-Income Individuals (JOLI) program and give it an increased annual authorization for any fiscal year. Title II: Supplemental Security Income - Subtitle A: Eligibility Restrictions - Amends SSA title XVI (Supplemental Security Income) (SSI) to: (1) deny SSI by reason of disability to drug addicts and alcoholics for whom addiction or alcoholism would be a contributing factor material to the disability determination; (2) revise representative payee and treatment requirements; (3) deny SSI benefits for ten years to individuals found to have fraudulently misrepresented residence in order to obtain benefits simultaneously in two or more States; (4) deny SSI benefits for fugitive felons and probation and parole violators; and (5) outline the process for periodic review with respect to the continuing eligibility of an individual 18 years of age or older to receive certain SSI disability benefits. Provides certain supplemental funding for alcohol and substance abuse treatment programs. Subtitle B: Benefits for Disabled Children - Revises the rules with respect to childhood eligibility, with corresponding changes to childhood SSI regulations modifying the medical criteria for evaluation of mental and emotional disorders, and discontinuing the use of individualized functional assessments for children. Requires the Commissioner to redetermine the eligibility of any individual under age 18 receiving SSI benefits based on a disability as of the enactment of this Act, and whose eligibility for such benefits may terminate by reason of this Act. (Sec. 212) Provides that at least once every three years the Commissioner shall review the continued SSI eligibility of each individual who has not attained age 18 and is eligible for such benefits by reason of an impairment (or combination of impairments) which may improve (or, which is unlikely to improve, at the option of the Commissioner). Requires a parent or guardian of a recipient whose case is so reviewed to present evidence that the recipient is and has been receiving treatment of the condition which was the basis for the SSI benefits. Provides that if an individual is eligible for SSI disability benefits for the month preceding the month in which the individual attains age 18, the Commissioner shall redetermine such eligibility: (1) during the one year period beginning on the individual's 18th birthday; and (2) by applying the criteria used in determining the initial eligibility for applicants who have attained age 18. Outlines specific requirements governing: (1) continuing disability reviews for low birth weight babies; and (2) benefit payments through representative payees to eligible individuals and their spouses. (Sec. 214) Provides for a reduction in cash SSI benefits payable to institutionalized individuals whose medical costs are covered by private insurance. (Sec. 215) Reduces by specified basic needs and earned income disregard allocations the amount of parental income attributed to disabled children. Subtitle C: State Supplementation Programs - Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. Subtitle D: Studies Regarding Supplemental Security Income Program - Requires the Commissioner of Social Security to report annually to the President and the Congress regarding the SSI program and to make arrangements with the National Academy of Sciences, or other independent entity, to study the disability determination process under SSA titles II and XVI for similar reports. (Sec. 233) Directs the Comptroller General to study and report on the: (1) impact of this title on the SSI program; and (2) extra expenses incurred by families of children receiving SSI benefits that are not covered by other Federal, State, or local programs. Subtitle E: National Commission on the Future of Disability - Establishes the National Commission on the Future of Disability to develop and report to the President and the Congress: (1) a comprehensive study of all matters related to the nature, purpose, and adequacy of all Federal programs serving individuals with disabilities, including the programs under SSA titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI; and (2) recommendations for appropriate action. Authorizes appropriations. Title III: Child Support - Subtitle A: Eligibility for Services; Distribution of Payments - Amends part D (Child Support and Establishment of Paternity) of SSA title IV to require State plans for child and spousal support to provide: (1) certain services relating to paternity establishment or enforcement of child support obligations; and (2) continuation of services for families ceasing to receive assistance under Aid to Families with Dependent Children. (Sec. 302) Revises payment distribution guidelines for support obligations collected by the State on behalf of a family. (Sec. 303) Requires State plans to establish procedural guidelines for: (1) privacy safeguards regarding paternity and child support actions; and (2) notification of State plan services applicants or recipients about all proceedings and orders affecting child support obligations. Subtitle B: Locate and Case Tracking - Mandates that single statewide automated data systems include a State case registry containing records of: (1) each case in which services are provided by the State agency; and (2) each support order established on or after a specified date. Permits the linking of local registries. (Sec. 312) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. Permits the unit to be established by linking local disbursement units through an automated information network if the Secretary agrees that it will not cost more or take more time to establish or operate than a centralized system. (Sec. 313) Requires State plans to: (1) provide for a State-operated and automated State Directory of New Hires containing prescribed information furnished by employers on new personnel; and (2) transmit such information to the National Directory of New Hires. (Sec. 314) Requires States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which wages of a person with a support obligation imposed by a child support order issued before October 1, 1996, shall become subject to withholding if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 315) Requires the States to have statutorily prescribed procedures to ensure that Federal and State agencies conducting income-withholding activities have access to State locator systems for motor vehicle or law enforcement purposes. (Sec. 316) Revises the Federal Parent Locator Service to provide for additional information which may be transmitted to locate individuals and assets for purposes of: (1) establishing parentage; (2) establishing, setting the amount of, modifying, or enforcing child support obligations; and (3) enforcing child custody or visitation orders. Directs the HHS Secretary to establish in the Federal Parent Locator Service an automated Federal Case Registry of Child Support Orders and an automated National Directory of New Hires. (Sec. 317) Requires States to have statutorily prescribed procedures requiring recordation on such documents of the Social Security number of: (1) specified driver's, marriage, and occupational, and professional license applicants; (2) individuals subject to certain domestic relations orders; and (3) deceased individuals (on death records). Subtitle C: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1998. Amends the Federal judicial code to revise the procedures for the court to apply when determining which State order to recognize for purposes of continuing, exclusive jurisdiction and enforcement for child support orders. (Sec. 323) Requires the States to have statutorily prescribed procedures requiring: (1) expedited administrative enforcement in interstate cases and support orders; and (2) expedited administrative and judicial procedures for establishing paternity and enforcing support obligations. Subtitle D: Paternity Establishment - Revises the guidelines for State laws governing paternity establishment. Requires State procedures under which the name of the father shall be included on the birth certificate only: (1) if the mother and father have signed a voluntary acknowledgment of paternity; or (2) pursuant to a judicial or administrative order. (Sec. 333) Requires State plans for child and spousal support to provide that the State agency administering the plan will make a determination as to whether a program recipient is cooperating in good faith with State efforts to establish paternity and secure support. Subtitle E: Program Administration and Funding - Directs the Secretary to develop a new incentive system to replace the current one. Revises the guidelines for Federal performance-based incentive payments to the States for effective child support enforcement programs. (Sec. 342) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 344) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 345) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. Subtitle F: Establishment and Modification of Support Orders - Revises the requirements for State plan procedures for the review and adjustment of support orders. (Sec. 352) Amends the Fair Credit Reporting Act to authorize a consumer agency to furnish a consumer report: (1) in response to a request by a governmental child support enforcement agency; or (2) to the State administrative agency which sets child support awards. (Sec. 353) Shields a depository institution from Federal or State liability for disclosing any financial record of an individual to a State child support enforcement agency. Prohibits such agency from disclosing such a financial record except for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation. Sets forth civil penalties for any person knowingly or negligently violating such prohibition. Subtitle G: Enforcement of Support Orders - Amends Internal Revenue Code procedural guidelines for the collection of arrearages to provide that no additional fee may be assessed for adjustments to a previously certified amount. (Sec. 362) Amends part D (Child Support and Establishment of Paternity) of SSA title IV to revise procedural guidelines for: (1) consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees; and (2) enforcement of child support obligations of members of the Armed Forces. (Sec. 364) Requires a State plan for child and spousal support to have in effect the Uniform Fraudulent Conveyance Act of 1981, the Uniform Fraudulent Transfer Act of 1984, or a similar law, as well as certain procedures governing the voiding of fraudulent transfers by a child support debtor. (Sec. 365) Requires a State plan for child and spousal support to include specified procedures: (1) to ensure that persons owing past-due support work or participate in work activities the court deems appropriate; (2) to report to credit bureaus the name of the parent in arrears for child support; (3) to provide for liens against real and personal property for the support arrearages of an absent parent; and (4) to implement the restriction of driver's, professional, occupational, and recreational licenses of individuals owing support arrearages. (Sec. 370) Instructs the Secretary of State to deny a passport to any individual certified by the Secretary of Health and Human Services to be in arrears of more than $5,000 for child support payments. Authorizes revocation, restriction or limitation of a previously issued passport in connection with such individuals. (Sec. 371) Authorizes the Secretary of State, with the concurrence of the HHS Secretary, to declare any foreign country a reciprocating country if it has established, or undertakes to establish, procedures for the establishment and enforcement of child support obligations whose obligees are U.S. citizens. Provides for revocation of such declaration in certain circumstances. Designates the HHS Secretary as the central authority for such enforcement. (Sec. 372) Requires States to have statutorily prescribed procedures under which a State agency shall enter agreements with financial institutions doing business within the State to develop and operate a data match system to provide identifying information for each noncustodial parent targeted by the State who maintains an account at the institution, and to encumber or surrender such parent's assets at the institution pursuant to a lien or levy. (Sec. 373) Requires States to have statutorily prescribed procedures under which child support orders relating to the child of minor parents, where the custodial parents are receiving assistance, are enforceable against the child's paternal or maternal grandparents. (Sec. 374) Amends Federal bankruptcy law to make nondischargeable in bankruptcy any debts owed to a State or municipality for child support. Subtitle H: Medical Support - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to include within the definition of medical child support order an order issued through a State administrative process. (Sec. 377) Amends part D of SSA title IV to mandate statutorily prescribed procedures under which all enforced child support orders shall include a provision for the health care coverage of the child. Subtitle I: Enhancing Responsibility and Opportunity for Non-Residential Parents - Amends part D of SSA title IV to prescribe guidelines under which the Administration for Children and Families shall make grants to enable States to establish and administer access and visitation programs to facilitate noncustodial parents' access to their children. Subtitle J: Effect of Enactment - Sets forth effective dates for this title. Title IV: Restricting Welfare and Public Benefits for Aliens - Subtitle A: Eligibility for Federal Benefits - Denies Federal public benefits (except certain emergency disaster relief, public health, housing, and child nutrition benefits) to non-qualified aliens. (Sec. 402) Denies SSI and food stamp eligibility to all but certain qualified aliens, who may receive only limited benefits. (Sec. 403) Makes qualified aliens ineligible (with limited exceptions) for Federal means-tested public benefits for the first five years after U.S. entry. Amends SSA and the United States Housing Act of 1937 to provide for reporting of certain illegal alien information to the Immigration and Naturalization Service (INS). Subtitle B: Eligibility for State and Local Public Benefits Programs - Makes an alien who is not a qualified alien, a nonimmigrant, or a parolee for less than one year ineligible for State or local benefits (except certain emergency disaster relief, public health, housing, and child nutrition benefits). (Sec. 412) Authorizes States, with certain exceptions, to determine eligibility for State means-tested public benefits for qualified aliens, nonimmigrants, or certain parolees. Subtitle C: Attribution of Income and Affidavits of Support - Deems the income and resources of any alien over age 18 (who is not pregnant) applying for Medicaid and SSA title XXI benefits to include: (1) the income and resources of any person who executed an affidavit of support on the alien's behalf; and (2) the income and resources of the person's spouse (if any). (Sec. 422) Authorizes States to make similar attributions with respect to State programs (except certain emergency disaster relief, public health, housing, and child nutrition benefits). Subtitle D: General Provisions - Sets forth definitions and requires appropriate regulations by the Attorney General for State use. Subtitle E: Conforming Amendments - Makes conforming amendments to the Housing and Community Development Act of 1980 and the Housing Act of 1949. Title V: Reductions in Federal Government Positions - Outlines the mechanism for various specified Federal executive agency workforce reductions, requiring submission to specified congressional committees of determinations about the number of full-time equivalent (FTE) positions of their respective departments by the Secretaries of Agriculture, of Education, of Labor, of Housing and Urban Development, and of HHS. Requires the Secretaries to make FTE reductions, including reductions-in-force, over the ensuing 14 months. Requires the Comptroller General to analyze and report to such committees on such determinations, with recommendations for further FTE reductions, if appropriate. (Sec. 502) Requires the HHS Secretary to reduce the Federal workforce within HHS: (1) by 75 percent of the FTE positions relating to any direct or indirect discretionary spending program converted into a block grant program by this Act (including 245 FTE positions related to the program converted into TEA block grants); and (2) by 75 percent of a proportionate number of the total FTE departmental management positions (including 60 FTE managerial positions related to the program converted into TEA block grants). (Sec. 503) Encourages the HHS Secretary to reduce personnel in the Washington, D.C., area office (agency headquarters) before reducing field personnel. Title VI: Reform of Public Housing - Amends the United States Housing Act of 1937 to prohibit increased housing assistance (except instances of limited-time frame benefits) to a family whose benefits under other public assistance programs have been reduced because of noncompliance. (Sec. 602) States that a person whose benefits under a means-tested welfare or public assistance program have been reduced because of fraud shall not, during such reduction period, receive an income-based increase in any other means-tested assistance program. Title VII: Child Care - Child Care and Development Block Grant Amendments of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to authorize appropriations for FY 1996 through 2002. (Sec. 703) Amends part A (TEA) of Title IV of the Social Security Act to establish a general child care assistance entitlement program funded by Federal grants to the States. Authorizes appropriations. Prescribes program parameters. (Sec. 708) Repeals the program requirement for early childhood development and before- and after-school services. Revises enforcement guidelines to require a State to reimburse the Secretary for funds improperly expended on prohibited or non-authorized purposes. (Sec. 712) Revises the Secretary's congressional reporting requirements to mandate biannual reports to the House Committee on Economic and Educational Opportunities. (Sec. 713) Authorizes an Indian tribe or tribal organization to use Federal funds for the construction or renovation of child care facilities. (Sec. 715) Repeals the Child Development Associate Scholarship Assistance Act of 1985 and the State Dependent Care Development Grants Act. Repeals funding authority for certain programs of national significance, involving: (1) child care for children of at-risk students; (2) alternative programs for bilingual and special education students; and (3) rural child care centers for student parents and their children. Repeals funding authority for Native Hawaiian Family- based Education Centers. Title VIII: Child Nutrition Programs - Subtitle A: National School Lunch Act - Amends the National School Lunch Act (NSLA) to repeal specified authorities and requirements for the school lunch and related programs, including: (1) State educational authority to use resources from the nutrition and education (NET) program; (2) prohibition of State imposition of teaching personnel and curriculum requirements at any school; (3) certain demonstration grants to private nonprofit organizations or educational institutions for elementary school curriculum food and nutrition projects; (4) aspects of summer food service programs, reducing payment rates and daily meals at camps, reducing the National Youth Sports Program, and revising nutritional standards compliance requirements; (5) certain commodity distribution program requirements, including State Advisory Councils; (6) expansion of the child care food program; (7) adult care food aid to adult day care centers and services for persons over 60; (8) certain pilot projects, including one for paperwork reduction; and (9) an information clearinghouse. (Sec. 807) Prohibits, in general, any waiver that will increase Federal costs. (Sec. 810) Provides for grants for State assistance to family or group day care homes. Directs the Secretaries of Agriculture and of Health and Human Services to study and report to specified congressional committees on the impact of this title on adult food care program participation and family day care licensing. Subtitle B: Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 to revise the school breakfast program: (1) eliminating Federal assistance for food preparation training and program expansion and start-up costs; (2) repealing certain authorities and requirements relating to State administrative expenses; (3) repealing the prohibition against State imposition of teaching personnel and curriculum requirements at any school; (4) repealing the program of cash grants for nutrition education. (Sec. 830) Revises the special supplemental nutrition program for women, infants, and children (WIC), among other things repealing specified requirements and changing from mandatory to optional: (1) drug abuse education; and (2) provision of WIC information in languages other than English. Makes the Nutrition and Education program discretionary rather than mandatory. Authorizes appropriations. Title IX: Food Stamp Program and Related Programs - Amends the Food Stamp Act of 1977 to: (1) increase the standard deduction from income resources for eligibility purposes; (2) treat electronic benefit transfer cards and personal identification (PIN) numbers as coupons; (3) count vendor payments for transitional housing as income; (4) increase penalties for specified program violations; (5) revise disqualification penalties and periods, and their applications to entire households, for persons refusing to comply with work requirements; (6) revise general exemptions from employment and training requirements and funding for related programs; and (7) mandate disqualification of individuals for multiple receipt of food stamp benefits, of fleeing felons, and of individuals delinquent in child support payments. (Sec. 915) Authorizes State food stamp disqualification of a household member also disqualified from another means-tested public assistance program for failure to perform an action required for such program under Federal, State, or local law. (Sec. 918) Makes it an eligibility requirement for custodial parents to cooperate with child support agencies. (Sec. 920) Prescribes additional work requirements for able-bodied food stamp recipients. Requires State agencies to implement electronic benefit transfer systems. (Sec. 924) Provides for: (1) optional combined value allotments for expedited households; and (2) allotments to individuals residing in drug or alcohol abuse treatment centers. (Sec. 925) Authorizes reduction in State food stamp benefits of a household for whom benefits are also reduced in another means-tested public assistance program for a similar failure. (Sec. 927) Authorizes regulations to establish specific authorization periods, and specific periods for prohibiting participation of stores based on lack of business integrity. (Sec. 931) Revises requirements for State agency procedures for food stamp office operation. Augments the kinds of information (including retailer information) that may be exchanged among Federal, State, and local law enforcement agencies. Authorizes the suspension of stores violating program requirements pending administrative and judicial review. (Sec. 939) Mandates regulations for: (1) food stamp program disqualification of retailers disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and (2) the permanent debarment of retailers who intentionally submit falsified applications. Subjects food stamp benefits to civil and criminal forfeiture for benefit violations. (Sec. 948) Authorizes States to operate simplified food stamp programs according to specified requirements. Repeals the authority to conduct specified pilot projects and the Food Bank Demonstration Project. (Sec. 949) Revises State plan requirements for the emergency food assistance program. Title X: Miscellaneous - Provides, among other things, for: (1) the expenditure of Federal funds received by a State under TEA and certain other Federal programs only in accordance with laws and procedures applicable to expenditure of the State's own revenues; (2) elimination of housing assistance with respect to fugitive felons and probation and parole violators; (3) certain options for State consideration of the resources of an ineligible household member when determining the food stamp eligibility and allotment of such individual's household; and (4) an increase in funding for abstinence education under SSA title V (Maternal and Child Health Services). (Sec. 1003) Expresses the sense of the Senate that Congress should adopt enterprise zone legislation in the 104th Congress providing for various specified incentives, regulatory reforms, and pilot projects. (Sec. 1004) Expresses the sense of the Senate that States: (1) should diligently continue their efforts to enforce child support payments by the non-custodial parent; and (2) should pursue pilot programs in which the parents of a non-adult, non-custodial parent who refuses to or is unable to pay child support must pay or contribute to the child support owed by the non-custodial parent or otherwise fulfill all financial obligations and meet all conditions imposed on the non-custodial parent, such as participation in a work program or other related activity. (Sec. 1006) Directs the HHS Secretary to: (1) implement a certain strategy for preventing out-of-wedlock teenage pregnancies and assuring that at least 25 percent of U.S. communities have teenage pregnancy prevention programs; and (2) report to the Congress on the State programs so implemented to determine their progress. (Sec. 1007) Expresses the sense of the Senate that States and local jurisdictions should aggressively enforce statutory rape laws. (Sec. 1008) Declares that States shall not be prohibited by the Federal Government from sanctioning welfare recipients who test positive for use of controlled substances. (Sec. 1010) Amends the Electronic Fund Transfer Act to generally exempt from the required disclosures, protections, responsibilities, and authorized remedies of such Act, and any implementing regulation prescribed by the Federal Reserve Board, any electronic benefit transfer program established under State or local law or administered by a State or local government that distributes needs-tested benefits. (Sec. 1011) Amends SSA title XX (Block Grants to States for Social Services) to reduce the authorization of appropriations for social services block grants. (Sec. 1012) Encourages the HHS Secretary to work in coordination with State agencies to ensure the efficient use of Federal transportation funds by recipients of public assistance under this Act.
Bill· HRH.R. 3201 (104th)open
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.
Bill· HRH.R. 3200 (104th)open
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.
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