United States · United States Congress · 7 January 1997
Volunteer Firefighter and Rescue Squad Worker Protection Act - Amends the Fair Labor Standards Act of 1938 to exclude from coverage any fire fighters or rescue squad members during the period in which they volunteer their services at a facility where they are not then regularly employed. Waives overtime compensation requirements when fire fighters or rescue squad members volunteer their services to their employer and sign a legally binding waiver. Prohibits employer coercion of such volunteering.
United States · United States Congress · 7 January 1997
Job Skill Development Act of 1997 - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and overtime requirements individuals who volunteer to perform job skill-developing services for an employer for not more than 1,040 hours, and for not more than 40 hours in any week, if no regular employee is adversely affected in specified ways and if other conditions are met.
United States · United States Congress · 7 January 1997
Drug Importer Death Penalty Act of 1997 - Amends the Controlled Substances Import and Export Act to direct the court to sentence a person convicted of bringing into the United States a proscribed quantity of a mixture or substance containing a controlled substance in an amount the Attorney General has determined is equal to 100 usual dosage amounts to life imprisonment without possibility of release (or, if the defendant has violated such provision on more than one occasion and if certain requirements under the Federal criminal code are met, to death). Makes conforming amendments to the code.
United States · United States Congress · 7 January 1997
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
United States · United States Congress · 7 January 1997
Medicare Patient Choice and Access Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) assure Medicare enrollees timely access to in-network primary and specialty health care providers and, under certain conditions, out-of-network providers as well; (2) establish a grievance process for resolving grievances between them and their enrollees; and (3) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization. Prohibits provider incentive plans that fail to meet specified criteria. Bans interference with certain medical communications. Applies the same requirements to Medicare select policies.
United States · United States Congress · 7 January 1997
Employee Educational Assistance Act of 1997 - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 7 January 1997
Provides that any amount remaining unobligated in the Representational Allowance of any Member of the House of Representatives at the end of the session of Congress or other period for which the allowance is made available shall be returned to the Treasury to be used for deficit reduction.
United States · United States Congress · 7 January 1997
Self-Employed Health Affordability Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals from 30 to 100 percent.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
United States · United States Congress · 25 September 1996
Drug Importer Death Penalty Act of 1996 - Amends the Controlled Substances Import and Export Act to direct the court to sentence a person convicted of bringing into the United States a proscribed quantity of a mixture or substance containing a controlled substance in an amount the Attorney General has determined is equal to 100 usual dosage amounts to life imprisonment without possibility of release (or, if the defendant has violated such provision on more than one occasion and if certain requirements under the Federal criminal code are met, to death). Makes conforming amendments to the code.
United States · United States Congress · 24 September 1996
Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.
United States · United States Congress · 18 September 1996
Repeals the Goals 2000: Educate America Act. Directs the Secretary of Education to: (1) reserve specified funds for payments to outlying areas and payments to the Secretary of the Interior for Indian tribes (including Alaska Native villages or regional corporations); and (2) allot the remainder among States according to a formula based on relative amounts received under specified provisions of the Elementary and Secondary Education Act of 1965. Requires State educational agencies to distribute such allotments as grants to local educational agencies on the basis of relative school-age population. Limits the use of funds received under this Act to educational purposes only. Authorizes appropriations.
United States · United States Congress · 2 August 1996
Congressional Pension Forfeiture Act of 1996 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of a felony committed while a Member during the 105th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employee's Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 2 August 1996
Revises Federal criminal code provisions to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal crime of violence or a drug trafficking crime. Establishes penalties for second or subsequent convictions. Bars the court from imposing probationary sentences or concurrent terms of imprisonment on persons convicted of such violations.
United States · United States Congress · 2 August 1996
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to educational and scientific instruments and apparatus that are imported for assembly into the United States.
United States · United States Congress · 1 August 1996
TABLE OF CONTENTS: Title I: Promotion of Commercial Space Opportunities Title II: Remote Sensing Title III: Federal Acquisition of Space Transportation Services Space Commercialization Promotion Act of 1996 - Title I: Promotion of Commercial Space Opportunities - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to deliver to the Congress a market study that examines the role of commercial ventures which could supply, use, service, or augment the International Space Station. (Sec. 102) Amends Federal law to include reentry vehicles and launch and reentry operations within the scope of commercial space launch activities. Mandates an annual report. Permits States to license commercial spaceports if final regulations have not been issued. Prohibits States from issuing a license except under specified circumstances. (Sec. 103) Amends Federal law and the Federal Procurement Policy Act to except from employment restrictions certain employees or former employees of NASA, with an exception. (Sec. 104) Sets forth provisions concerning retirement and health benefits for certain employees transferring from NASA. (Sec. 105) Encourages the President to promote U.S. Global Positioning System standards. (Sec. 106) Directs NASA to purchase, to the maximum extent possible, space science data from the private sector. Title II: Remote Sensing - Makes amendments to the Land Remote Sensing Policy Act of 1992 respecting the commercialization of land remote sensing space systems. Repeals the technology demonstration program. (Sec. 202) Directs the Administrator to: (1) acquire space-based and airborne Earth remote sensing data provided by the private sector to meet Government goals for Mission to Planet Earth; and (2) conduct a study to determine the extent to which baseline scientific requirements of Mission to Planet Earth can be met by the private sector, and how NASA will meet such requirements which cannot be met by the private sector. Title III: Federal Acquisition of Space Transportation Services - Requires the Federal Government to procure commercial space transportation services whenever such services are required in the course of its activities. (Sec. 303) Repeals amendments to the Launch Services Purchase Act of 1990 regarding commercial launch services provisions. (Sec. 304) Provides for authorized Federal and educational uses of excess intercontinental ballistic missiles.
United States · United States Congress · 18 July 1996
Amends the Clean Air Act to delete from the glycol ether category in the list of hazardous air pollutants ethylene glycol monobutyl ether as used or emitted by metal or composite can manufacturing. Amends the toxic chemical release forms provisions of the Emergency Planning and Community Right-To-Know Act of 1986 to require the Administrator of the Environmental Protection Agency to delete from the lists of toxic chemicals and extremely hazardous substances employed under such Act any substance that has been deleted or removed from the hazardous air pollutants list unless the Administrator demonstrates on the basis of convincing evidence significant human health or environmental threats posed by the substance's storage, use, or release.
United States · United States Congress · 12 July 1996
Taxpayer Bond Fairness Act of 1996 - Amends the Internal Revenue Code to: (1) treat recreational fitness services provided by tax-exempt hospitals to non-staff or in non-therapy circumstances as an unrelated trade or business; and (2) deny tax-exempt bond financing for issues used to provide facilities for such services.
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.
United States · United States Congress · 27 June 1996
Crime Does Not Pay Act - Amends the Housing and Community Development Act of 1974 to prohibit community development block grants to a State or locality that permits recovery of damages for an injury suffered by a person committing a felony.
United States · United States Congress · 4 June 1996
Religious Communication Sanctity Act of 1996 - Amends the Federal criminal code to impose penalties upon persons who, under color of governmental authority, surreptitiously listen to or record any communication that is privileged because of its religious character. Authorizes any person aggrieved by a violation consisting of the recording of a communication to obtain, in a civil action, the prompt destruction of that recording and any copies or transcripts made from such recording.
United States · United States Congress · 4 June 1996
Provides that upon presentation by the State of Wisconsin of their plan for the "Wisconsin Works" (welfare reform) demonstration project to the appropriate Federal official for any Federal entitlement program specified in the plan: (1) such official is deemed to have waived compliance with the requirements of Federal law with respect to such program, to the extent and for the period necessary to enable the State to carry out the demonstration project; and (2) the costs of carrying it out which would not otherwise be included as program expenditures shall be regarded as program expenditures, except to the extent that the sum of such costs and the expenditures of the State under all such programs during any testing period exceeds the total amount that would be expended under such programs during such testing period in the absence of the demonstration project. Provides for the recapture of excess amounts under certain conditions. States that this Act shall not have any effect on certain other waivers granted to Wisconsin before enactment of this Act, and that the current waivers are considered a precondition and can be subsumed as part of the Wisconsin Works demonstration. Provides that if, after enactment of this Act, any Federal law is enacted which modifies the terms of, or the amounts of expenditures permitted under, any program to which this Act applies, Wisconsin may elect to participate in such program as so modified.
United States · United States Congress · 16 May 1996
Biomaterials Access Assurance Act of 1996 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 15 May 1996
TABLE OF CONTENTS: Title I: Patent and Trademark Office Government Corporation Subtitle A: United States Patent and Trademark Office Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Early Publication of Patent Applications Title III: Prior Domestic Commercial Use Title IV: Inventor Protection Title V: Patent Reexamination Reform Title VI: Miscellaneous Patent Provisions Inventor Rights Protection and Patent Reform Act of 1996 - Title I: Patent and Trademark Office Government Corporation - Patent and Trademark Office Government Corporation Act of 1996 - Subtitle A: United States Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation under the policy guidance of the Secretary of Commerce, except as otherwise provided in this title. Requires the Office to maintain an office in the District of Columbia metropolitan area. Makes the Office responsible, with the concurrence of the Secretary of State, for authorizing the transfer of not to exceed $100,000 in any year to the State Department to make special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters. Authorizes the Office to retain and use all of its revenues and receipts, subject to the Omnibus Budget and Reconciliation Act of 1980. (Sec. 113) Vests management of the Office in the Commissioner of Patents and Trademarks who shall be appointed by the President for a five-year term. Directs the Commissioner to designate a Deputy Commissioner for Patents, a Deputy Commissioner for Trademarks, and an Inspector General. Exempts the Office from any administratively or statutorily imposed limitation on positions or personnel. Provides that Office employees shall not be subject to provisions governing Federal employees, except for provisions governing: (1) employment of relatives (restrictions); (2) withholding pay; (3) employment limitations; and (4) labor-management relations (under specified conditions). (Sec. 114) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Commissioner. (Sec. 115) Repeals provisions subjecting the Commissioner's performance (including regulations governing agents and Attorneys representing the Office) to the direction or approval of the Secretary of Commerce. (Sec. 116) Revises the composition of the Trademark Trial and Appeal Board to include the Commissioner, the Deputy Commissioner for Patents, the Deputy Commissioner for Trademarks, and appointed members. (Sec. 117) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Commissioner's discretion to designate attorneys who are officers or employees of the Office to conduct hearings relating to suspension or exclusion from practice of certain individuals; (5) receipts, expenditures, and borrowing authority of the Office; (6) annual audit and congressional reporting requirements; and (7) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions which are vested in the Office by this title. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. (Sec. 132) Makes technical and conforming amendments. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for their duration for necessary expenses in connection with such actions. Title II: Early Publication of Patent Applications - Patent Application Publication Act of 1996 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner. Prohibits, upon request by certain independent inventors at the time of filing, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance or pre-grant opposition that did not exist before its adoption. (Sec. 203) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 204) Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application or, in the case of an international application designating the United States, the date of its international publication until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice of the published patent application and, where the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, a translation of such application into the English language. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is substantially identical to that claimed in the published application. Makes the right to obtain a reasonable royalty available only in an action brought within six years after the patent is issued. Specifies the commencement date of the period for obtaining a royalty based upon the publication under the treaty of an international application designating the United States. (Sec. 205) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. Prohibits the issuance of a patent if an international application designating the United States was published under the Patent Cooperation Treaty of 1970 in the English language by another before the invention by the patent applicant. (Sec. 206) Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees. (Sec. 208) Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits to ten years the total duration of extensions which result from administrative or judicial review, an unusual administrative delay by PTO, or from both instances. Reduces the extension period equal to the time in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing of the application. Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer. (Sec. 209) Requires the Commissioner to prescribe regulations to provide for the further limited reexamination of a patent application. Allows the Commissioner to establish appropriate fees for such activity and to provide a 50 percent reduction on the fees for small qualified entities. Title III: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1996 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially use the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications, including that the defense asserted is not a general license under all claims of the patent at issue, but extends only to the subject matter claimed in the patent, and that a person may not assert such a defense unless the subject matter on which the defense is based had been commercially used or reduced to practice more than one year prior to the effective date of the filing of the patent by the person asserting the defense. Specifies other limitations regarding: (1) the burden of proof (on the person asserting the defense); (2) abandonment of use; (3) who may assert the defense (it is a personal defense); (4) unsuccessful assertion of the defense (directs the court to find the case exceptional for purposes of awarding attorney's fees); and (5) invalidity of a patent (a patent shall not be deemed invalid solely because a defense is established under this title). Title IV: Inventor Protection - Inventor Protection Act of 1996 - Requires that every contract for invention development services be in writing and that a copy of the signed written contract be given to the customer at the time the customer enters into the contract. Directs the invention developer to: (1) state in the contract whether the usual business practice is either to seek more than one contract in connection with an invention or to seek to perform services in one or more phases; and (2) supply to the customer a copy of the written document including the usual business terms of contracts and the approximate amount of the usual fees for services provided. Allows a customer to terminate the contract by sending a written letter to the invention developer stating the individual's intent to cancel. (Requires the letter to be deposited with the U.S. Postal Service on or before five business days after the execution date of the contract, whichever is later.) Calls for the invention developer or a third party representing the invention developer to deem delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind as payment on the date received. Prescribes language and information that must be included in a cover notice on every such contract. Requires the developer to deliver at quarterly intervals a written report for every contract which shall include: (1) a description of the services performed and those yet to be performed; and (2) the name and address of each entity to whom the subject matter has been disclosed. Mandates that each contract include: (1) the terms and conditions of payment and contract termination rights; (2) a statement that the customer may avoid entering into the contract by not making a payment to the developer; (3) a concise description of the specific acts or services the developer undertakes; (4) a statement as to whether the developer undertakes to construct, sell, or distribute one or more prototypes, models, or devices embodying the invention; (5) the name and place of business of the developer and any entity that may perform any of the services; (6) a statement of the developer's representation of estimated or projected customer earnings and the data upon which such representation is based; (7) the name and address of the custodian of all records and correspondence relating to the contract; and (8) a statement setting forth a schedule for performance of services. Renders any such contract voidable if it: (1) does not comply with applicable provisions; (2) is entered into in reliance upon any material false, fraudulent, or misleading information, representation, notice, or advertisement; (3) is made by an unenrolled invention developer; or (4) provides for any act involved in filing for and obtaining utility, design, or plant patent protection unless the developer offers to perform or performs such act through a registered patent attorney or agent. Deems any waiver by the customer of any provision of this chapter contrary to public policy, void, and unenforceable. Permits any customer who is injured by a developer's violation of this chapter or by any false or fraudulent statement, representation, or omission of material fact by a developer to recover in a civil action against the developer, in addition to reasonable costs and attorney's fees, the greater of $5,000 or the amount of actual damages sustained to the customer. Makes an act by invention developers who knowingly provide any false or misleading statement, representation, or omission of material fact to a customer or who fail to make all the disclosures required under this chapter a misdemeanor subject to a $10,000 fine for each offense. Title V: Patent Reexamination Reform - Patent Reexamination Reform Act of 1996 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any PTO action on the merits of reexamination. Grants third-party requesters the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from later asserting the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Bars patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published. Prohibits a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. (Sec. 602) Grants, under specified conditions, benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country. Grants applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall have the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States.
United States · United States Congress · 15 May 1996
Federal Health Program Benefit Change Accountability Act - Amends Federal law to require that the Office of Personnel Management (OPM) prepare an annual report concerning the health benefits program for Federal employees which shall describe any substantial changes in maximums, limitations, exclusions, or other definitions of benefits that it intends to propose for implementation in the upcoming contract year. Directs that OPM publish each report in the Federal Register and submit a copy of each such report to both Houses of the Congress as early in the year as possible.
United States · United States Congress · 14 May 1996
Amends the Internal Revenue Code to prohibit requiring persons who pay election officials and workers to furnish the officials and workers with an annual statement of amounts paid and withheld unless the pay is subject to tax under provisions relating to the Federal Insurance Contributions Act.
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 · 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.
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 · 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 · 25 April 1996
Antimicrobial Pesticide Registration Reform Act of 1995 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to exclude: (1) bacteria from the definition of "fungus"; and (2) liquid chemical sterilant products for use on a critical or semi-critical medical or dental device from the definition of "pesticide." Directs the Administrator of the Environmental Protection Agency to: (1) coordinate data requirements, test protocols, timetables, and standards of review and reduce burdens and redundancy caused to the registrant, whenever data in support of a pesticide registration is requested by one or more State or Federal agencies; and (2) develop a process to identify and assist in alleviating future disparities between Federal and State data requirements. Provides, with respect to the labeling of an antimicrobial pesticide product, that: (1) a registrant may modify the labeling to include relevant information on the product's efficacy, composition, or container or other characteristics unrelated to a pesticidal claim or activity; (2) such labeling shall not be false or misleading or in conflict with statements required as a condition of registration and be substantiated upon request; (3) modifications shall be subject to a notification and approval process; and (4) different cautionary statements for use dilutions may be included in the labeling upon approval of the Administrator. Directs the Administrator, to the maximum extent practicable, to identify and evaluate changes to the process for registration of antimicrobial pesticides that will reduce current time periods for review. Details rulemaking requirements regarding the review of such pesticides. Requires an annual report to the Congress on measures taken to effect such changes. Exempts from applicability of certain FIFRA storage, disposal, transportation, and container requirements household, industrial, or institutional antimicrobial products that are not subject to regulation under the Solid Waste Disposal Act, unless the Administrator determines that their application is necessary to prevent an unreasonable adverse effect on the environment.
United States · United States Congress · 25 April 1996
TABLE OF CONTENTS: Title I: National Science Foundation Subtitle A: National Science Foundation Authorization Subtitle B: General Provisions Title II: National Aeronautics and Space Administration Subtitle A: General Provisions Subtitle B: Authorization of Appropriations Subtitle C: International Space Station Subtitle D: Miscellaneous Provisions Title III: United States Fire Administration Title IV: National Oceanic and Atmospheric Administration Subtitle A: Atmospheric, Weather, and Satellite Programs Subtitle B: Marine Research Subtitle C: Program Support Subtitle D: Streamlining of Operations Subtitle E: Miscellaneous Title V: Environmental Protectional Agency Title VI: National Institute of Standards and Technology Title VII: Federal Aviation Administration Research, Engineering, and Development Title VIII: National Earthquake Hazards Reduction Program Title IX: Miscellaneous Omnibus Civilian Science Authorization Act of 1996 - Title I: National Science Foundation - National Science Foundation Authorization Act of 1996 - Subtitle A: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1997. (Sec. 114) Provides for reprogramming of appropriations. Subtitle B: General Provisions - Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures. (Sec. 122) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. (Sec. 123) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years. (Sec. 124) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act. (Sec. 126) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. (Sec. 127) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). (Sec. 128) Renames the Critical Technologies Institute as the Science Studies Institute. (Sec. 129) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award. (Sec. 130) Authorizes the Director of NSF to appoint up to six Assistant Directors. (Sec. 131) Renames: (1) the National Science Foundation as the National Science and Engineering Foundation; and (2) the National Science Board as the National Science and Engineering Board. Title II: National Aeronautics and Space Administration - Subtitle A: General Provisions - National Aeronautics and Space Administration Authorization Act, Fiscal Year 1997 - Makes various findings regarding the National Aeronautics and Space Administration (NASA). Sets forth definitions for purposes of this title. Subtitle B: Authorization of Appropriations - Chapter 1: Authorizations - Authorizes appropriations for (NASA) for: (1) human space flight; (2) science, aeronautics, and technology, including facilities construction and research and early detection systems for breast and ovarian cancer and other women's health issues; (3) mission support; and (4) the Inspector General. (Sec. 215) Limits the total NASA FY 1997 authorization of appropriations. (Sec. 216) Authorizes appropriations for the Office of Commercial and Space Transportation for FY 1997. (Sec. 217) Authorizes appropriations for the Office of Space Commerce for FY 1997. Chapter 2: Restructuring the National Aeronautics and Space Administration - Requires that the: (1) Administrator of NASA transmit to the Congress by July 31, 1996, a report on restructuring activities; and (2) President propose, no later than September 30, 1996, all enabling legislation required to carry out the actions described by the Administrator's report. Chapter 3: Limitations and Special Authority - Sets forth funds uses, limitations, and special authorities. Subtitle C: International Space Station - Requires the Administrator to deliver to the Congress a market study that examines the role of commercial ventures which could supply, use, service, or augment the International Space Station. (Sec. 244) Authorizes the Administrator: (1) to submit annually to the Congress a Space Station Accounting Report containing a complete accounting of all costs of the space station, including cash and other payments to Russia; and (2) to obtain quarterly reports from the Russian Space Agency which fully account for the disposition of funds paid or transferred by NASA to Russia. Subtitle D: Miscellaneous Provisions - Amends Federal law to include reentry vehicles and related launch operations within the scope of commercial space launch activities. Mandates an annual report. (Sec. 252) Requires an independent cost analysis of a specified NASA project that is projected exceed a cost of $75 million before any funds may be obligated for Phase C of such project. (Sec. 253) Establishes the Office of Space Commerce within the Department of Commerce. (Sec. 254) Requires the Administrator to delay, on the request of a private sector entity for a period from one day up to five years, unrestricted public disclosure of technical data developed by research funded jointly by NASA and that entity under specified conditions. Requires the Administrator to annually report to the Congress on all determinations made respecting such public disclosure of technical data. (Sec. 255) Directs the Administrator to: (1) establish within the Office of Space Access and Technology a procurement demonstration program; and (2) coordinate a technology procurement initiative. (Sec. 256) Requires the Administrator to determine, prior to new facility construction or lease, that no existing NASA or other Federal facility is appropriate for the intended use. (Sec. 257) Directs NASA to maximum extent possible, to purchase space science data from the private sector. (Sec. 258) Directs the Administrator to: (1) transmit to the Congress a report on Mission to Planet Earth; (2) acquire space-based and airborne Earth remote sensing data provided by the private sector; (3) conduct a study to determine the extent to which baseline scientific requirements of Mission to Planet Earth can be met by the private sector; (4) prepare for transition from the Federal operation, or Federal management of contracted operation, of space transportation systems to the Federal purchase of commercial space transportation services for all nonemergency launch requirements; and (5) conduct a study of the feasibility of implementing the recommendation of the Independent Shuttle Management Review Team that NASA transition toward privatization of the Space Shuttle and submit a report on the study to specified congressional committees. (Sec. 261) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to make the launch voucher demonstration program permanent. (Sec. 262) Directs the Administrator to provide for the privatization of NASA microgravity parabolic flight operations. (Sec. 263) Amends the Unitary Wind Tunnel Plan Act of 1949 to include hypersonic activities. (Sec. 264) Requires the Administrator, whenever feasible, to meet NASA facilities needs by selecting abandoned and underused buildings, grounds, and facilities in depressed communities. (Sec. 266) Requires the Administrator to establish the position of Procurement Ombudsman for NASA to be responsible for: (1) reviewing proposed new missions to determine if such missions can be fulfilled by U.S. commercial providers; and (2) serve as a point of contact for procurement contractors and U.S. commercial providers. Title III: United States Fire Administration - Fire Administration Authorization Act of 1996 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1997. (Sec. 303) Prohibits Federal funds for Department of the Army housing unless it is protected by hard-wired smoke detectors by the earlier of the date of occupancy by the first Federal employees who were not occupants as of October 25, 1992, or October 25, 1998. (Sec. 304) Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. (Sec. 305) Requires the Administrator of the U.S. Fire Administration to report to the Congress: (1) at least 60 days in advance of the termination or transfer to a private sector entity of any significant function of the Administration; and (2) on the manner in which the Administration intends to implement the budgetary reduction represented by the difference between the amount appropriated to it for FY 1997 and the amount requested in the President's FY 1997 budget request. Title IV: National Oceanic and Atmospheric Administration - National Oceanic and Atmospheric Administration Authorization Act of 1996 - Subtitle A: Atmospheric, Weather, and Satellite Programs - Authorizes FY 1997 appropriations for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service (NWS) operations and research and public warning and forecast; (2) construction, repair, and modification regarding new and existing weather forecast offices; (3) climate and air quality research; (4) atmospheric research; (5) satellite observing systems; and (6) environmental data and information services. Authorizes appropriations to complete the acquisition and deployment of the Advanced Weather Interactive Processing System and NOAA Port (AWIPS) for all fiscal years beginning with FY 1997. Prohibits funding for any fiscal year, unless certain certifications are made to the Congress. Amends the Weather Service Modernization Act to repeal provisions providing for: (1) restructuring field offices of the National Weather Service; and (2) the Modernization Transition Committee. Subtitle B: Marine Research - Authorizes appropriations for NOAA for: (1) mapping and charting; (2) geodesy; (3) observation and prediction; (4) ocean and earth science; (5) estuarine and coastal assessment; (6) the National Status and Trends Program, the Strategic Environmental Assessment Program, and the Hazardous Materials Response Program; (7) the Damage Assessment Program; and (8) the Coastal Ocean Program. (Sec. 422) Authorizes appropriations for NOAA for marine prediction research. Amends the National Sea Grant College Program Act to authorize appropriations to carry out provisions relating to: (1) program or project grants and contracts; (2) fellowships; and (3) administration of the National Sea Grant College Program. Revises the definition of "field related to ocean, coastal, and Great Lakes resources." Subtitle C: Program Support - Authorizes appropriations for NOAA for: (1) executive direction and administrative activities; (2) central administrative support; and (3) retired pay. Mandates contracts (including multiyear contracts) for the use of vessels to conduct oceanographic and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out NOAA missions. Authorizes appropriations for NOAA for: (1) marine services; (2) aircraft services; and (3) facilities repairs and renovations. Subtitle D: Streamlining of Operations - Prohibits appropriating funds for specified programs, centers, and activities. Repeals provisions of: (1) the National Sea Grant College Program Act relating to marine policy fellowships; and (2) the Sea Grant Program Improvement Act of 1976 relating to the sea grant international program. Repeals the NOAA Fleet Modernization Act. (Sec. 442) Limits the total dollar amounts: (1) authorized to be appropriated for FY 1997 by this or any other Act for NOAA for all activities associated with operations, research, and facilities; and (2) authorized to be used for NOAA travel and related expenses. (Sec. 443) Terminates the NOAA Corps of commissioned officers after FY 1996. Authorizes related separations, making separated officers eligible only for severance (not separation) pay. Authorizes: (1) with the approval of the Secretary of Defense, the transfer of separated officers to the armed services; (2) with the approval of the Secretary of Transportation, transfer of separated officers to the U.S. Coast Guard; and (3) with the approval of NOAA's Administrator, NOAA employment of separated officers as civil service members. Repeals related specified provisions of Federal law. Subtitle E: Miscellaneous - Makes it unlawful for any unauthorized person to remove, move, damage, or interfere with any National Data Buoy Center weather data buoy. Provides for civil monetary penalties and rewards. (Sec. 452) Makes the Secretary of Commerce, through the NWS, responsible for: (1) forecasts, serving as the sole official source of weather warnings; (2) issuance of storm warnings; (3) collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information; and (4) preparation of hydrometeorological guidance and core forecast information. Prohibits the NWS from competing (or assisting other entities in competing) with the private sector when a service is or can be provided by commercial enterprise unless the private sector is unwilling or unable to provide the service and the service provides vital weather warnings and forecasts for the protection of lives and property of the general public. Removes existing provisions relating to the duties of the Secretary regarding weather forecasting. Modifies provisions relating to NWS appropriations and estimates. Mandates a report to specified congressional committees detailing all NWS activities not conforming to this paragraph and outlining a timetable for their termination. (Sec. 453) Establishes the National Oceanographic Partnership Program and 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. Prohibits the authorization of appropriations for the National Oceanographic Partnership Program for FY 1997. Title V: Environmental Protection Agency - Environmental Research, Development, and Demonstration Authorization Act of 1996 - Authorizes appropriations to the Administrator of the Environmental Protection Agency (EPA) for FY 1997 for : (1) science and technology activities, including program management and support, for specified environmental research, development, and demonstration activities; (2) oil pollution research; and (3) research related to leaking underground storage tanks. Specifies that no funds are authorized to be appropriated for: (1) the Environmental Technology Initiative; (2) the Climate Change Action Plan; (3) indoor air pollution research; (4) the North Dakota Center for Air Toxic Metals research; (5) drinking water research conducted by the American Water Works Association Research Foundation; (6) the Water Environmental Research Foundation; (7) the National Urban Air Toxics Research Center; (8) the Gulf Coast Hazardous Substances Research Center; (9) urban waste management research at the University of New Orleans; (10) the Resources and Agricultural Policy Systems Program; or (11) the Oil Spill Remediation Research Center. (Sec. 504) Directs the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for scientific and technical research activities throughout EPA; (2) integrating that strategic plan into ongoing EPA planning activities; and (3) reviewing all EPA research to ensure the research is of high quality and does not duplicate any other research being conducted by EPA. Directs the Assistant Administrator to report annually to the Administrator and specified congressional committees on EPA research that is duplicative or not of sufficiently high quality. (Sec. 505) Requires the Administrator to ensure that any graduate fellowship award to a student selected after the enactment of this Act is used only to support research that would further missions of the Office of Research and Development in fields in which there exists or is projected to exist a shortage in the number of scientists. (Sec. 506) Mandates that the Science Advisory Board submit to the Congress and the Administrator an annual report that contains the views of the Board on proposed research programs as described in the President's budget for research, development, and demonstration activities at the EPA and conditions that such report be submitted to the Congress after the submission of the President's budget to the Congress. Requires the Science Advisory Board to conduct evaluations of the current and planned research, development, and demonstration activities of the EPA. Authorizes the Board to annually review research activities of the EPA and include the results of such review in the annual report. Requires the Administrator to submit to the Congress, no later than 60 days after its receipt, any report required by law to be submitted to the Administrator by the Science Advisory Board. Title VI: National Institute of Standards and Technology - Authorizes FY 1997 appropriations for the National Institute of Standards and Technology for: (1) Scientific and Technical Research and Services; and (2) Construction of Research Facilities. Title VII: Federal Aviation Administration Research, Engineering, and Development - FAA Research, Engineering, and Development Management Reform Act of 1996 - Mandates the Federal Aviation Administration (FAA) develop, implement, and maintain a disciplined acquisition management system that is based on and incorporates specified management principles. (Sec. 705) Allows the FAA to implement a proposed acquisition management system as a suitable compliance. (Sec. 706) Authorizes FY 1997 appropriations for: (1) specified research, engineering, and development activities and (2) such sums as may be necessary for other research, engineering, and development activities described in the President's FY 1997 budget request to the Congress. (Sec. 708) Creates a budget designation for all research and development activities carried out by the Federal Aviation Administration. Requires that the President's annual budget request for the FAA include all research and development activities within a single budget category. (Sec. 710) Revises certain requirements of the National Aviation Research Plan. Title VIII: National Earthquake Hazards Reduction Program - Amends the Earthquake Hazards Reduction Act of 1977 to authorize FY 1997 appropriations for the activities of the National Earthquake Hazards Reduction Program for: (1) the Federal Emergency Management Agency (FEMA); (2) the U.S. Geological Survey; (3) the National Science Foundation for engineering research and geosciences research; and (4) the National Institute of Standards and Technology. Title IX: Miscellaneous - Prohibits the use of any funds authorized under this title from being used for any lobbying activity. (Sec. 902) Sets forth limitations on appropriations for FY 1997 and for subsequent fiscal years. (Sec. 903) Authorizes the head of each Federal agency for which funds are authorized under this Act to exclude, for a period of five years, any individual who received funds from any Federal funding source for a project that was not subjected to a competitive, merit-based award process after FY 1996, from consideration for financial assistance awards made by that agency after FY 1996.
United States · United States Congress · 24 April 1996
Regulatory Fair Warning Act - Amends Federal Government operations law to limit the sanctions which may be imposed by courts and agencies for rule violations: (1) involving agency rules which failed to give the defendant fair warning of the conduct that the rule prohibits or requires; (2) where the defendant reasonably and in good faith determined prior to the violation that he or she was in compliance with, exempt from, or otherwise not subject to, the rule requirements based upon his or her understanding of the rule text and published guidances and policies related to the rule; or (3) committed in reasonable reliance upon a written statement by a Federal or State official authorized to implement or ensure compliance with the rule, made after disclosure by the defendant of all material facts, that the defendant was in compliance with, exempt from, or otherwise not subject to the rule requirements. Prohibits the court or agency in an action brought to impose a civil or criminal sanction for an alleged rule violation from giving deference to any interpretation of such rule relied upon by the promulgating agency that was not published in the Federal Register or was not available to the defendant before the alleged violation.
United States · United States Congress · 29 March 1996
Medical Device Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission. (Sec. 3) Allows device approval applicants to declare a review impasse and mandates use of a dispute resolution process. (Sec. 4) Revises requirements regarding: (1) investigational devise exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing consensus standards recognition); (5) effectiveness determinations (as used in classifying devices); (6) premarket notification; (7) classification panels; and (8) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates procedures for accrediting parties that review premarket approval applications and conduct good manufacturing practice inspections. (Sec. 13) Mandates reclassification of certain devices. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 18) Regulates the effect of the dissemination of medical texts, peer-reviewed scientific publications, displays at trade shows, and other material. (Sec. 19) Removes distributors from record keeping and reporting requirements. Declares that the failure of a device to perform as labeled or in an acceptable manner does not constitute a malfunction when caused by improper servicing. Repeals user reporting requirements. (Sec. 20) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 21) Allows using monetary penalties for violation correction. Entitles violators to reasonable discovery. (Sec. 22) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 23) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental impact statement or assessment. (Sec. 24) Prohibits the Secretary from relying on any statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 25) Mandates training programs for FDA employees regarding FDCA regulations and policies. Allows the FDA to conduct or contract for scientific research only if directly related to FDCA implementation. (Sec. 26) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.
United States · United States Congress · 28 March 1996
Revises specified provisions regarding minimum allocations of Federal aid highway funds and provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to direct the Secretary of Transportation, in FY 1998 and thereafter, to ensure that each State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year from funds made available out of the Highway Trust Fund (HTF) is not less than the percentage of estimated tax payments to the HTF by highway users in the State in the latest fiscal year for which data are available. Repeals ISTEA provisions specifying the percentage of total apportioned and allocated funds to be allocated to each State for the surface transportation program.
United States · United States Congress · 27 March 1996
Repeals provisions of the Federal Agriculture Improvement and Reform Act of 1996 that grant congressional consent to the Northeast Interstate Dairy Compact entered into among the States of Vermont, New Hampshire, Maine, Connecticut, Rhode Island, and Massachusetts, subject to specified conditions, including conditions under which Delaware, New Jersey, New York, Pennsylvania, Maryland, and Virginia may join the Compact.
United States · United States Congress · 12 March 1996
TABLE OF CONTENTS: Title I: Amendments to the Antarctic Conservation Act of 1978 Title II: Amendments to Antarctic Protection Act of 1990 Title III: Amendments to the Act to Prevent Pollution from Ships Antarctic Environmental Protection Act of 1996 - Title I: Amendments to the Antarctic Conservation Act of 1978 - Amends the Antarctic Conservation Act of 1978 to restate findings and purposes of the Act regarding the Antarctic Treaty and the Protocol on Environmental Protection to the Treaty and implementation of the Protocol. (Sec. 103) Revises provisions concerning prohibited acts by any person (currently, U.S. citizens) to modify the prohibitions, in accordance with the Protocol, and make unlawful the following activities in or respecting Antarctica: (1) introduction of any prohibited product onto land or ice shelves or into water; (2) disposal of any waste onto ice-free land areas or into fresh water systems or of any prohibited waste; (3) engaging in open burning of waste; (4) transporting passengers by any seagoing vessel not required to comply with the Act to Prevent Pollution from Ships, except by agreement under which the vessel owner or operator must comply with Annex IV; (5) failure of an organizer or operator to notify members of an expedition of the environmental protection obligations of this Act and means of compliance by participants; (6) damage to historic sites or monuments; (7) refusal of permission to any authorized U.S. officer or employee to board a U.S. vessel, vehicle, or aircraft for purposes of search or inspection in connection with enforcement of this Act and forcible assault of or other interference with an authorized U.S. officer or employee in the conduct of such activities; (8) resisting lawful arrest or detention for a prohibited act; (9) interference with the apprehension, arrest, or detention of another person, knowing that the other person has committed a prohibited act; (10) violation of any regulation, or a term or condition of a permit, issued pursuant to this Act; and (11) attempting to commit or cause to be committed any prohibited act. Prohibits specified other activities in Antarctica (including disposal of waste and introducing any member of a nonnative species) except as authorized by permit. Exempts from prohibitions these activities and certain of those enumerated above under defined emergency circumstances. (Sec. 104) Provides standards and procedures for the environmental impact assessment of Federal agency activities in Antarctica (which shall be the sole and exclusive obligations regarding such assessment) in accordance with the National Environmental Policy Act of 1969, allowing an activity to proceed after an initial evaluation if it is determined that the activity is likely to have no more than a minor or transitory impact. Excepts from these procedures activities conducted jointly or in cooperation with foreign signatory governments where it is determined that the major part of the activity is being conducted by one or more other governments and another government is coordinating environmental assessment procedures. Directs the Administrator of the Environmental Protection Agency to promulgate regulations regarding environmental assessment of certain nongovernmental activities. Conditions decisions to proceed with a comprehensively evaluated activity upon consideration of the draft evaluation at the Antarctic Treaty Consultative Meeting. Provides exceptions from this Act's environmental assessment requirements under emergency circumstances. (Sec. 105) Revises requirements for the issuance of permits authorizing takings and harmful interferences or entry into Specially Protected Areas. (Sec. 106) Revises requirements for the issuance of regulations by the Director of the National Science Foundation. Removes general consultation requirements. Requires the Secretary of the department in which the Coast Guard is operating to issue regulations to implement certain provisions of the Protocol and this Act regarding vessels. Title II: Amendments to Antarctic Protection Act of 1990 - Amends the Antarctic Protection Act of 1990 to revise its findings to state that the Protocol prohibits indefinitely Antarctic mineral resource activities and to state as its purpose to provide legislative authority to implement the Protocol. (Sec. 202) States the indefinite prohibition on Antarctic mineral resource activities, eliminating references to further agreements. Title III: Amendments to the Act to Prevent Pollution from Ships - Amends the Act to Prevent Pollution from Ships to apply the requirements of Annex IV to the Protocol, for purposes of such Act, to all vessels in Antarctica over which the United States has jurisdiction. Applies the Act to vessel activities regulated under the Protocol and provides authority to the Secretary of the department in which the Coast Guard is operating to administer and enforce Annex IV to the Protocol (including the Protocol in provisions concerning violations, penalties, and the promulgation of regulations).
United States · United States Congress · 6 March 1996
Amends the Federal criminal code (the code) to require public disclosure of amounts paid to court-appointed attorneys in certain criminal cases. Amends the Controlled Substances Act to require: (1) in capital cases, the rate of compensation paid to court-appointed attorneys to be not less than $75, and not more than $125, per hour for in-court and out-of-court time, with fees and expenses paid for investigative, expert, and other reasonably necessary services authorized at the rates and in the amounts authorized under the code; and (2) public disclosure of such amounts paid.
United States · United States Congress · 6 March 1996
Judicial Disciplinary Proceedings Act of 1996 - Amends the Federal judicial code to direct that proceedings on complaints filed with respect to the conduct of a judge or magistrate judge be held by a circuit other than the circuit within which the judge serves. Directs the Judicial Conference to prescribe rules, consistent with this Act, establishing: (1) procedures for the filing of complaints regarding the conduct of any judge of the United States Court of Federal Claims, the Court of International Trade, or the Court of Appeals for the Federal Circuit, and for the investigation and resolution of such complaints; and (2) a system for referring complaints filed regarding the conduct of a judge of any such court to any of the first 11 judicial circuits or to another court for investigation and resolution.
United States · United States Congress · 1 February 1996
Prohibits: (1) the obligation or expenditure of funds appropriated or available to the Secretary of the Army or the Secretary of the Interior for constructing a dam on the North Fork of the American River at Auburn, California; and (2) the appropriation or making available of funds for such construction.
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
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.
![Official portrait of Rep. Sensenbrenner, F. James, Jr. [R-WI-5]](https://www.congress.gov/img/member/s000244_200.jpg)