United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: General Provisions Title II: Emission Reduction Credits Title III: Tax Incentives Title IV: Revision of Purchase Mandates Title V: Federal Transit Incentives for Natural Gas Vehicles Title VI: Government Contract Incentives for Natural Gas Vehicles Title VII: Research, Development, and Demonstration Incentives for Natural Gas Vehicles Natural Gas Vehicle Incentives Act of 1996 - Title I: General Provisions - Sets forth the findings of Congress with respect to increased use of domestic natural gas as a transportation fuel. Title II: Emission Reduction Credits - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to establish an emission reduction credit program for natural gas vehicles, Ultra-Low Emission Vehicle (ULEV)-certified alternative fuel vehicles, and fueling infrastructure. Title III: Tax Incentives - Amends the Internal Revenue Code to establish natural gas vehicle property credits for any of the following property placed in service during the taxable year: (1) natural gas vehicles (50 percent of the cost); (2) fueling stations (the lesser of $25,000 or ten percent of the cost); and (3) transportation fuel (25 cents per gallon of liquefied natural gas or per gasoline gallon equivalent of compressed natural gas). (Sec. 302) Imposes an excise tax of 3.54 cents per gallon on liquefied natural gas sold for use or used as motor vehicle or motorboat fuel unless there was a taxable sale of such gas. (Sec. 303) Provides for shorter depreciation recovery periods for natural gas vehicles (three years) and refueling property (seven years). Title IV: Revision of Purchase Mandates - Declares the national policy to be that: (1) a viable, sustainable market for natural gas and other low emission vehicles requires cooperative efforts by and among fleet operators and other users, fuel providers, and vehicle manufacturers; (2) government mandates requiring private sector fleet purchases do not support such cooperative efforts; (3) the low emission vehicle market should be based on voluntary, economically sound decisions; and (4) market-oriented incentives can provide an appropriate and effective means for developing a self-sustaining market for such vehicles and fuels. (Sec. 402) Amends the Energy Policy Act of 1992 to repeal private fleet mandates. Sets forth sunset provisions to end the fuel provider mandate and the State fleet mandate. Title V: Federal Transit Incentives for Natural Gas Vehicles - Amends Federal transportation law to require metropolitan mass transportation planning organizations, in developing plans, to consider opportunities to stimulate the use of natural gas vehicles and ULEV-certified alternative fueled vehicles and the installation of a fueling infrastructure to support such vehicles. (Sec. 504) Declares that research and investigations for which non-profit institutions of higher learning may receive Department of Transportation grants include the relationship between environmental policy and transportation policy, particularly the potential applications for natural gas vehicles and ULEV-certified alternative fueled vehicles in urban settings. (Sec. 505) Requires any Federal grant for a mass transportation project that involves acquiring buses powered by natural gas, or any ULEV-certified alternative fueled bus, and all related fueling property or equipment, to cover at least 90 percent of the project cost. Title VI: Government Contract Incentives for Natural Gas Vehicles - Amends Federal law for Armed Services acquisitions and the Federal Property and Administrative Services Act of 1949 to direct the Secretary of Defense and Federal civilian agencies, respectively, to give a preference in procurement contracts to contractors and subcontractors using motor vehicles that: (1) operate on natural gas; or (2) operate on alternative fuel and meet the ULEV standard. Title VII: Research, Development, and Demonstration Incentives for Natural Gas Vehicles - Directs the Secretary of Energy to conduct a five-year program of natural gas vehicle research, development, and demonstration, including specified activities.
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 · 12 September 1996
Authorizes the Secretary of Transportation to issue a certificate of documentation for a named vessel for employment in the coastwise trade, after the completion of the sale of such vessel to an operator of another passenger vessel measuring more than 20,000 gross tons that on the day before the enactment of this Act is in operation with a coastwise endorsement.
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 · 22 July 1996
Citizen's Fair Hearing Act of 1996 - Amends the Endangered Species Act of 1973 to provide that any person who satisfies the requirements of the Constitution and demonstrates having suffered or being threatened with economic or other injury resulting from a violation of such Act or a failure of the Secretary of Commerce to act in accordance with it shall be deemed to be within the zone of protected interests of such Act and shall have standing to commence a civil suit on his or her own behalf.
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 · 20 June 1996
Wetlands Restoration and Improvement Act of 1996 - Amends the Federal Water Pollution Control Act to declare that it is national policy to: (1) achieve, through regulatory and nonregulatory opportunities involving all levels of government and supported by private initiatives, the conservation and restoration of wetlands to increase the quantity and quality of, and no overall net loss of, the wetlands resource base of the United States; and (2) foster wetlands mitigation banking as a means to mitigate wetlands loss by providing a stable, practical, and workable regulatory framework for the use of mitigation banking, making appropriate use of existing, successful State programs for mitigation banking, taking into account regional variations in wetlands conditions. Directs the Secretary of the Army to issue a mitigation bank charter to a person whose application satisfies specified criteria. Requires an applicant to submit an application signed by a responsible official which contains specified information, including: (1) the proposed restoration, enhancement, creation, or preservation projects proposed to be included in the scope of the charter; (2) the proposed service area for each proposed project; (3) reliable assurances of an adequate source of water; (4) adequate legal control over the real property in the proposed project; (5) adequate financial assurances; (6) an adequate operations and maintenance plan to assure continued viability of the proposed project after completion of project construction; and (7) adequate legal protection to assure permanent protection of the wetlands in the mitigation bank that are used as the basis for selling credits. Sets forth provisions regarding annual reports, decision deadlines, and other procedural matters, including State approval of mitigation bank projects. Authorizes a mitigation bank, upon receipt of its charter, to offer mitigation credits for sale, subject to specified requirements. Directs the Secretary to propose regulations which set forth objective criteria by which: (1) the number of credits to be yielded by a mitigation banking project may be determined; and (2) mitigation bank service areas are to be determined. Requires such regulations to establish a preference for in-kind compensation of wetland impacts. Directs the Secretary to develop a State-by-State implementation strategy. Sets forth reporting requirements.
United States · United States Congress · 18 June 1996
United Houma Nation Recognition and Land Claims Settlement Act of 1996 - Grants Federal recognition to the United Houma Nation and establishes a trust relationship with the Tribe. Ratifies prior transfers of real property (and improvements thereon) or natural resources located anywhere within the United States from, by, or on behalf of the Tribe. Extinguishes aboriginal title, rights, interest, and claims by the Tribe and other Indians. Bars the United States from asserting any future claim arising by or on behalf of the Tribe from the transfer or conveyance of any real property (and improvements thereon) or natural resources before the enactment of this Act. Requires the Tribe to submit to the Secretary of the Interior its base membership roll. Allows the Tribe to elect to organize a tribal government under the Indian Reorganization Act and adopt any new constitution or other organic law in accordance with such Act.
United States · United States Congress · 13 June 1996
Textile and Apparel Global Competitiveness Act of 1996 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines provided by this Act, and whose amounts shall be available: (1) to the Office of Textiles, Apparel, and Consumer Goods of the Department of Commerce for the American Textile Partnership (AMTEX), the Textile-Clothing Technology Center (TC2), and the National Textile Center (NTC); (2) for adjustment assistance for textile and apparel firms; and (3) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. Specifies: (1) a quota formula for new textile agreements with non-WTO countries which already have a textile agreement with the United States; and (2) provisions for inclusion in the accession protocol of countries acceding to the WTO. Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a textile import bilateral agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements (CITA) determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. Directs the Commissioner of Customs to establish a Division on Textile Enforcement. Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; (3) failing to provide adequate enforcement of intellectual property rights with respect to textile and apparel goods; or (4) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 12 June 1996
Standard Trade Relations Act - Declares that any duty or other import restriction or duty-free treatment proclaimed in any trade agreement shall apply to products of all countries, whether imported directly or indirectly. Amends the Trade Expansion Act of 1962 and the Trade Act of 1974 to replace the terms "most-favored-nation" and "reciprocal nondiscriminatory treatment" with the terms "standard trade relations" and "standard trade relations principle," respectively.
United States · United States Congress · 6 June 1996
TABLE OF CONTENTS: Title I: Repeal of the Public Utility Holding Company Act of 1935 Title II: Enactment of the Public Utility Holding Company Act of 1996 Title III: Conforming Changes to Other Statutes Public Utility Holding Company Act of 1996 - Title I: Repeal of the Public Utility Holding Act of 1935 - Repeals the Public Utility Holding Company Act of 1935 (PUHCA). Title II: Enactment of the Public Utility Holding Company Act of 1996 - Declares that this Act does not apply to persons previously exempted from regulations under the PUHCA. Authorizes the Federal Energy Regulatory Commission (FERC) to institute proceedings to terminate any such exemption if termination would be necessary for regulating the rates of a public utility company and for protecting consumers. Empowers FERC to exempt any person or transaction from this title if it finds that regulation of such person or transaction is irrelevant to the rates of a public utility company. Prescribes procedural guidelines for both FERC and State access to holding company records (including subsidiaries and affiliates). Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission (SEC) to FERC all resources that relate primarily to the functions vested in FERC by this Act. Expresses the sense of the Congress that all personnel of the Office of Public Utility Regulation of the SEC should be transferred to FERC. Title III: Conforming Changes to Other Statutes - Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 30 May 1996
Private Mortgage Insurance Consumer Protection Act - Amends the Truth in Lending Act to prescribe guidelines under which a creditor must notify a consumer in writing of any cancellation rights with respect to private mortgage insurance if the consumer was required to obtain such insurance as a condition for entering into a residential mortgage transaction. Prohibits the imposition of any fee or cost to the consumer for such notification.
United States · United States Congress · 29 May 1996
States Rights Act of 1996 - Repeals Federal highway provisions setting penalties for noncompliance by States with requirements relating to a national minimum drinking age. Directs the Secretary of Transportation to apportion any withheld funds to States from which such funds were withheld.
United States · United States Congress · 16 May 1996
Designates the Civil War Center located on Raphael Semmes Drive at Louisiana State University in Baton Rouge, Louisiana, as the United States Civil War Center. Makes the Center and the Civil War Institute of Gettysburg College located at 233 North Washington Street in Gettysburg, Pennsylvania, the flagship institutions for planning the sesquicentennial commemoration of the Civil War.
United States · United States Congress · 10 May 1996
Telephone Number Ownership Act of 1996 - Expresses the sense of the Congress that: (1) the Federal Communications Commission lacks legal authority to conduct auctions or other revenue raising activities in connection with the allocation of any telephone number within the North American Numbering Plan; and (2) if the Congress is to authorize such activities, procedures will be required to protect any value attaching to new toll-free numbers by reason of a private business investment in the advertisement or public awareness of the corresponding 800 number by measures designed to prevent speculation, hoarding, and other gaming of the allocation system, and to protect consumers from fraud and confusion by preventing the misrepresentation of established toll-free numbers. Calls for the Commission to submit a plan for the allocation of toll-free 888 numbers that contains such procedures, together with its recommendations for legislative authorization of such allocation.
United States · United States Congress · 2 May 1996
Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) corrective action and compensation programs under State financial responsibility requirements; (3) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (4) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to owner or operator recipients of Trust Fund amounts under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs.
United States · United States Congress · 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 · 24 April 1996
Constitutional Amendment - Provides that three years after ratification of this amendment: (1) the 16th amendment to the U.S. Constitution is repealed; and (2) the Congress shall have no power to lay and collect taxes on incomes, except in time of war declared by the Congress.
United States · United States Congress · 18 April 1996
Regulatory Accountability Act of 1996 - Amends the Congressional Budget and Impoundment Control Act of 1974 with regard to Federal mandates to make it out of order in the House of Representatives or the Senate to consider any new or reauthorized measure (controlled private regulatory legislation) imposing costs on the private sector of $100 million or more (controlled Federal private sector mandate) unless it specifies a regulatory cost authorization for each such mandate of the dollar amount of private sector costs authorized to result from implementing or enforcing regulations. Requires the Congressional Budget Office to estimate the costs of mandate compliance for each measure reported by an authorization committee. Prohibits the total amount of private sector compliance costs from exceeding the regulatory cost authorization for a covered law. Prohibits a proposed covered regulation from taking effect unless the Director of the Office of Management and Budget (OMB) has certified in the Federal Register that its implementation will not violate the first prohibition. Exempts from such prohibitions any regulation which the President finds is necessary because of an emergency. Requires such estimates to be publicly available for each covered law.
United States · United States Congress · 15 April 1996
Small Business OSHA Relief Act of 1996 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to require each OSHA standard promulgated by the Secretary of Labor to be based upon a cost-benefit assessment and a determination that the standard's benefits justify the costs it imposes. Directs the Secretary, in the case of any employer of 250 or fewer employees cited for a violation of specified requirements, standards, or rules, which is a significant threat to an employee's health or safety, but where the employer has made a good faith correction effort, to waive up to 100 percent of the penalty otherwise proposed for such violation: (1) if the employer corrects the violation within the time set for abatement; or (2), if the employer does not correct the violation within such time, to the extent that the employer uses the amount which would have been paid as the penalty for correction of the violation. Prohibits issuance of a citation for any posting requirement and any requirement to prepare and maintain injury and illness records or written plan or verification, unless: (1) the employer has willfully or repeatedly violated the requirement; or (2) the failure to meet such requirement has resulted in employee exposure to a hazard. Directs the Secretary to enter into cooperative agreements with States for consultation to employers concerning the provision of safe and healthful working conditions. Requires the Secretary to reimburse States that enter into such agreements for 90 percent of costs and 100 percent of State staff training and specified out-of-State travel expenses. Prohibits the Secretary from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 29 March 1996
Medical Device Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission. (Sec. 3) Allows device approval applicants to declare a review impasse and mandates use of a dispute resolution process. (Sec. 4) Revises requirements regarding: (1) investigational devise exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing consensus standards recognition); (5) effectiveness determinations (as used in classifying devices); (6) premarket notification; (7) classification panels; and (8) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates procedures for accrediting parties that review premarket approval applications and conduct good manufacturing practice inspections. (Sec. 13) Mandates reclassification of certain devices. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 18) Regulates the effect of the dissemination of medical texts, peer-reviewed scientific publications, displays at trade shows, and other material. (Sec. 19) Removes distributors from record keeping and reporting requirements. Declares that the failure of a device to perform as labeled or in an acceptable manner does not constitute a malfunction when caused by improper servicing. Repeals user reporting requirements. (Sec. 20) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 21) Allows using monetary penalties for violation correction. Entitles violators to reasonable discovery. (Sec. 22) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 23) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental impact statement or assessment. (Sec. 24) Prohibits the Secretary from relying on any statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 25) Mandates training programs for FDA employees regarding FDCA regulations and policies. Allows the FDA to conduct or contract for scientific research only if directly related to FDCA implementation. (Sec. 26) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 29 March 1996
Drug and Biological Products Reform Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate an annual report to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to: (1) review applications for new drugs or for certification of insulin-containing drugs; and (2) conduct good manufacturing practice (GMP) inspections. (Sec. 9) Allows applicants to declare an impasse in a review or a submission for an investigational use exemption and mandates use of a dispute resolution process. (Sec. 10) Adds references to accredited persons to provisions relating to GMP inspections. Imposes post-inspection requirements. Deems certain chemistry, manufacturing, and controls to comply with current GMP and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP, subject to exception. (Sec. 12) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 13) Regulates changes in the manufacture of a new drug, biological product, new animal drug, blood, or blood component. (Sec. 14) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. (Sec. 15) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 16) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 17) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment. (Sec. 18) Regulates drugs compounded by a licensed pharmacist on the order of a licensed physician. (Sec. 19) Directs the Secretary to meet with foreign countries to discuss harmonization of regulatory requirements. (Sec. 20) Controls the effect of the dissemination of medical texts, peer-reviewed scientific publications, and other material. (Sec. 21) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 22) Mandates training for FDA employees on regulations and policies under the FDCA. (Sec. 23) Regulates: (1) the delegation of authority under the FDCA; (2) judicial review of decisions regarding investigational new drugs and new drugs; and (3) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 26) Defines "biological product" and "human tissue." Declares that blood, a blood component, an organ, milk, or human tissue is not a drug. Prohibits subjecting computer software developed or modified by, or used in, a human tissue establishment to any premarket clearance requirement. Requires such software to be validated to demonstrate that it achieves its intended purpose before use and subjects it to the GMP requirements of the FDCA. Requires licenses to introduce biological products, blood, and blood components into interstate commerce. Regulates licensing. Allows regulation of human tissue only if the Secretary demonstrates that voluntary regulation is inadequate to protect the public health. Provides for such regulation.
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Food Amendments Title II: Animal Drugs Food Amendments and the Animal Drug Availability Act of 1996 - Title I: Food Amendments - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration. (Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition. (Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health. (Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation. (Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal). (Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver. (Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements. (Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement. (Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions. Title II: Animal Drugs - Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs. (Sec. 202) Reduces the period for approval of new animal drug applications. (Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process. (Sec. 204) Revises requirements regarding drug residues and tolerances. (Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs). Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements. Allows withdrawal of approval for certain VFDD recordkeeping violations. Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions.
United States · United States Congress · 28 March 1996
Revises specified provisions regarding minimum allocations of Federal aid highway funds and provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to direct the Secretary of Transportation, in FY 1998 and thereafter, to ensure that each State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year from funds made available out of the Highway Trust Fund (HTF) is not less than the percentage of estimated tax payments to the HTF by highway users in the State in the latest fiscal year for which data are available. Repeals ISTEA provisions specifying the percentage of total apportioned and allocated funds to be allocated to each State for the surface transportation program.
United States · United States Congress · 21 March 1996
Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 14 March 1996
Ward Valley Land Transfer Act - Directs the Secretary of the Interior to convey to the California Department of Health Services specified lands in San Bernardino County, California, known as the Ward Valley Site, upon the tendering to: (1) the Secretary of the Treasury of $500,100 on behalf of California; and (2) the Chairman of the Nuclear Regulatory Commission of a written commitment by California to carry out environmental monitoring and protection measures, based on recommendations of the National Academy of Sciences, subject to Federal oversight by the Commission.
United States · United States Congress · 14 March 1996
National Marine Sanctuaries Renewal Act of 1996 - Amends the National Marine Sanctuaries Act to authorize the Secretary of Commerce to: (1) create, or participate in the creation of, nonprofit organizations to solicit donations to carry out the Act; and (2) recruit, train, and accept volunteer services and provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of the volunteers. Authorizes appropriations to carry out the Marine Protection, Research, and Sanctuaries Act of 1972. Modifies national marine sanctuary advisory committee procedural requirements. Authorizes: (1) the development, marketing, and sale of symbols, including a symbol for the national marine sanctuary program (NMSP); (2) the designation of persons as official sponsors of the NMSP or individual sanctuaries; (3) the creation, marketing, and sale of products to promote the NMSP; (4) establishment of a revolving fund containing sponsor payments and product sale proceeds; (5) the use of in-kind sponsor proceeds; and (6) the expenditure of fund amounts, without appropriation, to designate and manage sanctuaries.
United States · United States Congress · 14 March 1996
Declares that the House of Representatives: (1) endorses efforts by the Bureau of Engraving and Printing to upgrade the currency for security reasons; and (2) strongly encourages the Secretary of the Treasury and the Bureau to incorporate cost-effective, tactile features into the design changes, thereby including the blind and visually impaired in independent currency usage.
United States · United States Congress · 13 March 1996
Federal Agency Anti-Lobbying Act - Prohibits the use of any appropriated funds by Federal agencies for any activity that includes the preparation, publication, or distribution of any written, oral, or visual material promoting public support or opposition to any legislative proposal, including the confirmation of the nomination of a public official or ratification of a treaty on which congressional action is not complete, with the exception of: (1) the President; (2) Vice-President; (3) specified congressional communications; and (4) public communications by any Federal agency official on the views of the President for or against any pending legislative proposal.
United States · United States Congress · 12 March 1996
Radiopharmaceutical Review Improvement Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to require that the safety and effectiveness of a radiopharmaceutical be determined: (1) weighing the probable health benefit against any probable risk of injury or illness; and (2) taking into account the absence or presence of pharmacological and toxicological activity of the radiopharmaceutical and the estimated absorbed dose. Allows the indications for which a radiopharmaceutical intended for diagnostic purposes is approved to refer to processes, processes common to or present in one or more disease states, or a diagnostic procedure used in the diagnosis of one or more diseases. Requires that, if a radiopharmaceutical is the primary mode of action in a combination of drugs, the persons charged with premarket review of radiopharmaceutical products have primary regulatory jurisdiction.
United States · United States Congress · 6 March 1996
National Retail Sales Tax Act of 1996 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code. (Sec. 4) Amends the Internal Revenue Code by imposing a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or out of the U.S. Prohibits imposing tax on any property or service: (1) purchased for resale; (2) purchased to produce property or services; or (3) exported from the U.S. for use, consumption or enjoyment outside of the U.S. Sets forth special rules relating to the obligation of governmental units and not-for-profit organizations to collect and remit tax. Sets forth provisions concerning credits and refunds. Allows an eligible family unit to receive a sales tax rebate (family consumption refund). Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a U.S. resident. Conditions that no individual shall be considered part of more than one family unit. Sets forth special rules. Imposes a 15 percent tax on gaming services. Imposes an excise tax of 15 percent on the wages of Federal, State, and local government employees. Authorizes States to administer, collect, and remit tax. Authorizes the Secretary to establish a system including the use of a toll-free telephone number for the purposes of bringing violations to the attention of the Secretary for investigation. Authorizes the Secretary to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States. (Sec. 5) Prohibits the authorization of appropriations for the Internal Revenue Service after FY 2000. (Sec. 6) Authorizes the Secretary to establish an Excise Tax Bureau to collect excise taxes not repealed by this Act. (Sec. 7) Authorizes the Social Security Administration to collect and administer self-employment income and employment payroll taxes beginning in 1998. (Sec. 9) Increases the interest rate on the underpayment of tax by large corporations. (Sec. 10) Requires a supermajority in the House of Representatives or the Senate to raise rates.
United States · United States Congress · 5 March 1996
Amends title XVIII (Medicare) of the Social Security Act to extend from 15 months to 36 months the maximum period permitted between standard surveys of home health agencies. Revises the statewide average interval between surveys from 12 months to whatever the Secretary of Health and Human Services shall establish consistent with the 36-month maximum interval and the need to assure the delivery of quality home health services. Changes from discretionary to mandatory the Secretary's authority to deem a hospital to have met certain conditions or requirements if the Secretary finds that accreditation by a national accreditation body provides reasonable assurance that such conditions or requirements have been met. Repeals certain other requirements to justify such a "deeming status." Requires the Secretary to treat a Medicare provider (whether hospital, skilled nursing facility, hospice, or other qualified health services facility) as meeting applicable requirements or standards if the entity has been determined to meet them by a national accreditation body that determines compliance in a manner comparable to that in which a State agency would otherwise determine compliance.
United States · United States Congress · 27 February 1996
Securities and Exchange Commission Authorization Act of 1996 - Authorizes appropriations for the Securities and Exchange Commission (SEC) for FY 1997. (Sec. 4) Amends the Securities Act of 1933 to require the SEC to collect securities registration fees that are designed to recover the costs to the Government of the securities registration process, and costs related to such process, including enforcement activities, policy and rulemaking activities, administration, legal services, and international regulatory activities. Revises the registration fee formula, increasing the minimum fee from $100 to $200, with a reduction to $182 beginning FY 2002. States that such fee shall be the sum of a general revenue fee and an offsetting collection fee. Sets the general revenue fee at $200 for each $1 million of the maximum aggregate price at which the securities in question are sold (reduced to $182 per $1 million beginning FY 2002). Schedules the offsetting collection rate for each $1 million of the maximum aggregate sales price of the securities in question in declining specified levels from $103 in FY 1997 to $17 in FY 2000, and zero in each succeeding fiscal year. Declares: (1) that no offsetting collection fees shall be collected for any fiscal year except to the extent provided in advance in appropriations Acts; and (2) that such fees collected during any fiscal year shall be deposited and credited as offsetting collections in accordance with appropriations Acts. States that, if on the first day of a fiscal year a regular appropriation to the SEC has not been enacted, the SEC shall continue to collect offsetting collections fees at the preceding fiscal year rate, until such regular appropriation is enacted. (Sec. 5) Amends the Securities Exchange Act of 1934 to revise annual transaction fees that national securities exchanges and registered brokers and dealers must pay the SEC. Requires the SEC to collect transaction fees that are designed to recover the costs to the Government of the supervision and regulation of securities markets and securities professionals, and costs related to such supervision and regulation, including enforcement activities, policy and rulemaking activities, administration, legal services, and international regulatory activities. Requires every national securities exchange to pay the SEC an annual exchange-traded securities fee at a rate of $33 for each $1 million (reduced in FY 2002 to $25 per $1 million) of the aggregate dollar amount of sales of securities (other than bonds, debentures, and other evidences of indebtedness) transacted on such exchange. Eliminates specific reference to registered brokers and dealers. Requires every national securities association to pay the SEC an annual off-exchange-trade fee at a rate of $33 for each $1 million (reduced in FY 2002 to $25 per $1 million) of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange of securities registered on such an exchange (other than bonds, debentures, and other evidences of indebtedness). Requires every national securities association to pay the SEC an annual fee for off-exchange-trades of last-sale-reported securities at a specified rate (determined according to a certain schedule) for each $1 million of the aggregate dollar amount of sales transacted by or through any member of such association otherwise than on a national securities exchange of securities (other than bonds, debentures, and other evidences of indebtedness) subject to prompt last sale reporting under SEC rules or the rules of a registered national securities association. Excludes from such fee any sales for which a regular off-exchange-trade fee is paid. Schedules the rate per $1 million for fees for off-exchange-trades of last-sale-reported securities in specified rising levels from $12 in FY 1997 to $25 in FY 2002 and each succeeding fiscal year. Declares that no offsetting collection fees shall be collected for any fiscal year before FY 2002 except to the extent provided in advance in appropriations Acts. States that any such fees collected during any fiscal year, except in excess of certain levels, shall be deposited and credited as offsetting collections to the account providing appropriations to the SEC. Requires deposit and crediting as general revenues of the Treasury of total annual amounts of fees for off-exchange-trades of last-sale-reported securities: (1) exceeding specified levels ranging from $20 million in FY 1997 up to $32 million in each of FY 1999 through 2001; and (2) any such amount collected for FY 2002 and succeeding fiscal years. States that, if on the first day of a fiscal year a regular appropriation to the SEC has not been enacted, the SEC shall continue to collect fees for off-exchange-trades of last-sale-reported securities (as offsetting collections) at the preceding fiscal year rate, until such regular appropriation is enacted. Sets forth annual due dates for all fees. Requires annual publication of fee rates in the Federal Register. (Sec. 6) Declares the sense of the Congress that: (1) the fees authorized by this Act are in lieu of, and not in addition to, any other specified fees and charges for Government services and things of value that the Securities and Exchange Commission is authorized to impose or collect; and (2) in order to maintain the competitiveness of U.S. securities markets relative to foreign markets, no fee should be assessed on transactions involving portfolios of equity securities taking place at times of day characterized by low volume and during non-traditional trading hours.
United States · United States Congress · 1 February 1996
Deepwater Port Modernization Act - Amends the Deepwater Port Act of 1974 to revise the term "deepwater port" to include a fixed or floating manmade structure (other than a vessel) that is located beyond the territorial sea and off the U.S. coast which is used as a port or terminal for the transportation of oil from the U.S. Outer Continental Shelf. Eliminates: (1) certain utilization and transfer restrictions on deepwater ports; and (2) a certain antitrust precondition with respect to the licensing of such ports. Declares that certain deepwater port licensing conditions may include reasonable environmental monitoring requirements. Repeals the restriction on the issuance of a deepwater port license requiring that the Secretary of Transportation first receive opinions from the Attorney General and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise contravene the antitrust laws. Requires a deepwater port, among other things, to accept, transport, or convey without discrimination all oil delivered to it. Directs the Secretary to publish guidance regarding preparation by a licensee of an operations manual which shall address deepwater port facility description, tanker navigation procedures, safety and fire protection, maintenance procedures and emergency drills.
United States · United States Congress · 1 February 1996
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 25 January 1996
National Motor Vehicle Safety, Anti-Theft, Title Reform, and Consumer Protection Act of 1995 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Authorizes States to use Federal highway safety funds to defray the costs of establishing new procedures to comply with such requirements. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Amends the Tariff Act of 1930 to prohibit customs officers from allowing the export of self-propelled vehicles from the United States by transport (current law permits the export of used self-propelled vehicles provided ownership information is given), unless the exporter presents proof of ownership to such officer. Sets forth a civil penalty for violations of this requirement.
United States · United States Congress · 25 January 1996
Expresses the disapproval of the House of Representatives of the standards proposed by the National Center for History in the Schools for the teaching of U.S. and world history.
United States · United States Congress · 5 January 1996
Private Sector Job Creation and Economic Growth Act - Amends the Internal Revenue Code to exclude from gross income 100 percent of long-term capital gain recognized on the sale or exchange of property.
United States · United States Congress · 7 December 1995
ESOP Promotion Act of 1995 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Allows ESOP closely-held corporate sponsors to pay estate tax if an estate transferred the stock of the corporation to an ESOP. Allows the deductibility of ESOP dividends in computing alternative minimum tax if such dividends were paid on employee securities held by an ESOP established or authorized to be established before March 15, 1991. Excludes from gross income transfers of qualified securities in connection with the performance of services if such securities are sold to an ESOP within 60 days of the taxable event. Revises the voting rights requirement for an ESOP under the exclusion for interest on certain loans used to acquire employer securities by requiring that: (1) the employer of the plan has a registration-type class of securities; or (2) the plan allows each participant one vote. Allows for a qualified gratuitous transfer of remainder interest in qualified employer securities to an ESOP following the termination of payments to a charitable remainder annuity trust or a charitable remainder unitrust. Provides that securities acquired by an ESOP in a qualified gratuitous transfer allocated to any person who is related to the decedent or to any person who is a five percent shareholder be treated as having been distributed.
United States · United States Congress · 6 December 1995
Congressional Responsibility Act of 1995 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 28 November 1995
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to their conscience, nothing in the Constitution shall prohibit acknowledgement of the religious heritage, beliefs, or traditions of the people or prohibit student-sponsored prayer in public schools; and (2) neither the United States nor any State shall compose any official prayer, compel joining in prayer, or discriminate against religious expression or belief.
United States · United States Congress · 18 November 1995
Amends Federal armed forces provisions to provide that: (1) the special rule concerning annual cost-of-living adjustments to retired military pay for individuals who first became members of a uniformed service before August 1, 1986, shall apply only through FY 1996 (currently, FY 1998); and (2) the initial month that such increase is payable shall be March (currently, September) of the year following the effective date of such increase.
United States · United States Congress · 17 November 1995
Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to present, on behalf of the Congress, a gold medal to Billy and Ruth Graham in recognition of their outstanding and enduring contributions toward faith, morality, and charity. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of such medal. Directs the Secretary to transfer from the Numismatic Public Enterprise Fund to the Library of Congress the amount by which the sum of any gifts and donations received by the Secretary to carry out this Act and any proceeds from the sale of bronze duplicates exceeds the total amount of the costs incurred by the Secretary in carrying out this Act.
United States · United States Congress · 14 November 1995
Smithsonian Institution Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Mandates that: (1) all but a certain portion of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) a certain portion of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History.
United States · United States Congress · 10 November 1995
Amends rule XLIV (financial disclosure) of the Rules of the House of Representatives to require each report filed with the Clerk of the House under title I of the Ethics in Government Act of 1978 for calendar year 1996 or any subsequent calendar year to disclose any gift (including a meal) with a fair market value in excess of $50 (other than personal hospitality of an individual or any gift received from a relative) as adjusted under such Act. Amends rule XLIII (Code of Official Conduct) to allow a House Member, officer, or employee to accept: (1) a gift with a fair market value of $50 (currently, $100) or less; and (2) an offer of free attendance for such individual and his or her spouse or dependent at a widely attended convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event provided by the sponsor of the event if the individual participates in the event as a speaker or a panel participant by presenting information related to the Congress or matters before the Congress or by performing a ceremonial function appropriate to his or her official position, or if attendance at the event is appropriate to the performance of the official duties or representative function of the individual. Includes within the definition of "free attendance" waiver of all or part of a conference or other fee, the provision of lodging or transportation or the provision of food, refreshments, entertainment, and instructional materials furnished to all attendees as an integral part of the event. Excludes entertainment collateral to the event and food or refreshments taken other than in a group setting with substantially all other attendees. Permits such an individual, spouse, or dependent to accept a sponsor's unsolicited offer of free attendance at a charity event if: (1) the event is sponsored by a tax-exempt organization; (2) all expenses are paid by the sponsoring organization and not by another corporation or individual; (3) the proceeds to charity from the event exceed the costs of the event; and (4) the participation contributes in a tangible way to the success of the event.
United States · United States Congress · 2 November 1995
Travel and Tourism Partnership Act of 1995 - Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. travel and tourism. Establishes the National Tourism Organization as a non-Federal non-profit organization to implement the national travel and tourism strategy. Directs the Secretary of State and the Director of the United States Information Agency (USIA) to: (1) place priority on implementing recommendations by the National Tourism Board; and (2) cooperate with the National Tourism Organization. Authorizes the President to transfer up to 25 staff members of the United States Travel and Tourism Administration to the Foreign Service or the Commercial Service for two years to assist the Organization in its start-up activities. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect, among other things, recommendations by the National Tourism Board. Makes the President of the National Tourism Organization a member of the TPCC.
United States · United States Congress · 30 October 1995
Expresses the sense of the House of Representatives that: (1) in the negotiation of any peace agreement between the parties to the conflict in the Republic of Bosnia and Herzegovina, there should not be a presumption, and it should not be considered to be a prerequisite to the successful conclusion of such a negotiation, that enforcement of such agreement will involve deployment of U.S. armed forces on the ground in the territory of the Republic; and (2) no U.S. armed forces should be deployed on the ground in such territory to enforce a peace agreement until the Congress has approved the deployment.
United States · United States Congress · 18 October 1995
TABLE OF CONTENTS: Title I: Remedy Selection and Community Participation Title II: Liability Title III: Brownfields and Voluntary Cleanups Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Miscellaneous Title VIII: Amendments to Oil Pollution Act of 1990 Title IX: Remediation Waste Management Title X: Funding Subtitle A: Expenditures from the Hazardous Substance Superfund Subtitle B: Five-Year Extension of Hazardous Substance Superfund Reform of Superfund Act of 1995 - Title I: Remedy Selection and Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA or Superfund) to add new provisions establishing a national risk protocol. Requires that risk assessments conducted under the Act: (1) provide scientifically objective and unbiased estimates and characterizations which neither minimize nor exaggerate the nature and magnitude of risks to human health and the environment; (2) distinguish scientific findings from other considerations; and (3) be based on relevant and current scientific, technical, and exposure-related information, including epidemiological data, data on bioavailability, and site-specific information. Requires the President to publish guidelines which, among other requirements, define the use of probabilistic modeling, population risk estimates, and approaches for addressing cumulative potential risks posed by multiple contaminants or multiple exposure pathways. Requires further that the guidelines provide methodology for establishing protective exposure levels that are set, to the extent feasible and scientifically appropriate, at the final 90th percentile of exposure probability distribution. Directs the President to conduct a review and assessment of the health effects values and toxicological profiles of 25 specified hazardous substances considered to be carcinogens. Requires publication of the finalized assessment with explanations of assumptions, inferences, models, and other factors. (Sec. 102) Replaces existing remedial action selection provisions with provisions requiring, among other factors, protection from realistic and significant risks through cost-reasonable means. Adds drinking water standards requirements for remedies. Revises standards for protective remedies and the methods of remediation. Requires consideration of the views of Community Assistance Groups in development of certain recommendations. Requires site-specific risk assessments. Establishes revised procedures for consideration of remedial action alternatives and the factors to be balanced in reaching final decisions, including cost-effectiveness, anticipated uses, and site-specific risk assessments. Allows for generic remedies when demonstrated to be effective. Requires the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner, providing for their inclusion in the next revised National Contingency Plan. Allows a finding of technical impractability on a site-specific analysis basis without a requirement that the remedial measure first be installed and reviewed, unless the analysis is insufficient or inadequate. States that Federal and State procedural requirements shall not apply to response actions conducted on-site. (Current law refers only to permit requirements.) Revises disposal standards. Adds provisions allowing review and comment by States adjoining certain facilities. (Sec. 103) Revises provisions relating to grants for technical assistance to groups affected by release or threatened release of hazardous substances at facilities on the National Priorities List. Sets a funding limit of $20 million annually. Adds provisions for citizen and community participation in the Superfund decisionmaking process. (Sec. 104) Adds provisions establishing Community Assistance Groups (CAGs) to provide views to the President and others on matters related to facility remediation. Limits eligibility for Technical Assistance Grants. (Sec. 105) Adds under the hazard ranking system of the National Contingency Plan for removal of oil and hazardous substances requirements that the President place highest priorities on facilities where there is actual ongoing human exposure at levels of public health concern or demonstrated adverse health effects. (Sec. 106) Removes the requirement for a national registry of serious diseases and illnesses. Specifies that the national registry of persons exposed to hazardous substances is for scientific and public health purposes. Provides that in cases of public health emergencies, exposed persons shall be eligible for referral to accredited medical care providers. (Under current law persons are eligible for admission to Public Health Service facilities.) (Sec. 107) Authorizes the Agency for Toxic Substances and Disease Registry (ATSDR) to conduct health effects studies directly or by cooperative agreements and grants. Allows additional types of research studies by ATSDR. Revises ATSDR health assessment, health studies, information distribution, and other directives. (Sec. 112) Extends emergency removal authority. (Sec. 113) Adds provisions authorizing the President to acquire a hazardous substance easement restricting or controlling the use of land, water, or other natural resources. (Sec. 114) Grants Federal court jurisdiction to review of final decisions regarding the selection of a remedy under CERCLA. Title II: Liability - Amends CERCLA to allow potentially responsible parties (PRPs) to receive a reimbursement from the Fund of 50 percent of cleanup costs incurred after October 18, 1995, for liability due to pre-1987 activity. (Sec. 202) Adds provisions creating liability exemptions and limitations for, among others: (1) pre-1987 de minimis contributors; (2) specified National Priorities List (NPL) municipal landfills; (3) municipal solid waste and sewage sludge, if the person is a homeowner or renter, small business, or small, nonprofit organization; (4) de micromis contributors; (5) facilities acquired by inheritance or bequest; and (6) NPL-site contiguous properties. (Sec. 203) Adds new provisions stating that exemptions and limits of liability shall not apply to any person whose liability is based on an act that was illegal at the time. (Sec. 206) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. Sets limitations on authority for pre-enactment releases at non-NPL facilities. (Sec. 207) Adds new provisions on allocations at multi-party facilities, describing when EPA shall initiate the allocation process, the process itself, and post-settlement litigation. (Sec. 210) Amends provisions governing liability of response action contractors. (Sec. 211) Adds provisions authorizing the use of annuity contracts or other financial instruments by PRPs to make payments for response costs. Adds authority for PRP challenges to cost recovery components of a settlement under certain circumstances. (Sec. 213) Amends CERCLA to require EPA to offer final covenants not to sue to settling parties who meet certain requirements and pay a premium. Authorizes discretionary covenants not to sue when in the public interest. (Sec. 214) Revises expedited final settlement procedures. (Sec. 215) Adds provisions exempting recyclers from liability if they make certain threshold demonstrations. Applies such exemptions to scrap paper, plastic, glass, rubber (other than whole tires), metal, and batteries. (Sec. 216) Makes information available to the public after 45 days. Amends confidentiality requirements regarding information obtained by EPA. Title III: Brownfields and Voluntary Cleanups - Adds new provisions requiring the Administrator to provide assistance to State voluntary response programs. (Sec. 302) Adds definitions of "owner or operator" for purposes of determining cleanup liability to exclude holders of indicia of ownership who are primarily protecting a security interest but do not exercise responsibility for the handling of hazardous substances. Modifies liability of fiduciaries. Limits liability to actual benefit. (Sec. 303) Requires that the standards developed by the American Society for Testing and Materials be used to determine whether a defendant qualifies as an innocent landholder. (Sec. 304) Adds provisions limiting Federal enforcement actions under CERCLA for States with approved remedial action programs. (Sec. 305) Details conditions under which a bona fide prospective purchaser shall not be considered liable for response costs. Title IV: Natural Resource Damages - Amends CERCLA to define "restoration," "reasonable restoration measures," "cost-effective," "cost-reasonable," "timely," and "baseline condition." Specifies covered damages, limits of liability, and damage measurement conditions. Title V: State Role - Amends CERCLA to add provisions providing that the Administrator may delegate authority to a State to take action at any or all NPL sites within the State, including Federal facilities. Sets eight categories of authority for delegation. Removes 50 percent cost share requirements in State- or local-operated sites, lowering such requirement to ten percent. Allows State petitions for lower cost shares in certain cases. (Sec. 502) Sets caps on yearly additions to the National Priorities List, prohibiting additions entirely by 2003. (Sec. 503) Revises provisions governing State and local reimbursement for response actions. Title VI: Federal Facilities - Revises existing CERCLA provisions governing the State role at Federal facilities. (Sec. 602) Adds provisions allowing Federal facilities on NPL to be designated by the President for research, development, and application of innovative technologies for remedial action at the facility. Prescribes procedures. Requires reports to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to Congress. Title VII: Miscellaneous - Revises existing definitions and adds new definitions of terms, including "municipal solid waste" and "construction contractor." (Sec. 703) Requires the EPA Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. Assigns specified functions to the section. (Sec. 706) Revises CERCLA report requirements. Title VIII: Amendments to the Oil Pollution Act of 1990 - Amends the Oil Pollution Act of 1990 to require cost-effective restoration of natural resources and to include natural recovery as a means of natural resource restoration. (Sec. 802) Changes current language to include reasonable and necessary costs and other changes in the measurement of damages. (Sec. 803) Requires the issuance of regulations by August 8, 1998, with requirements for damage assessments and the appointment of a lead trustee under the Oil Pollution Act of 1990. (Sec. 804) Adds definitions, including definitions of "cost- effective," "cost-reasonable," and "timely." Title IX: Remediation Waste Management - Amends the Solid Waste Disposal Act to add a new title on remediation waste management. Exempts remediation waste from hazardous waste and other regulation. Applies the exemption to orders, permits, enforceable agreements, or other remedial action plans issued by EPA or a State. Directs that remedies required under the corrective action program be necessary to protect human health and the environment from realistic risks in a cost-effective and cost-reasonable manner. Enumerates five factors to be balanced in selecting remedies. Requires the final remedy to be based on the current use of land, water, and other resources at the site unless there is a substantial probability of different future uses. Prescribes procedures for the certification of State hazardous waste programs for the management of remediation wastes. States that the effect of certification is that remediation waste shall no longer be considered hazardous waste or, under the Toxic Substances Control Act, toxic waste. Provides for the establishment of EPA remediation waste programs in States without certified programs. Prescribes enforcement provisions, imposing criminal penalties for violations involving remediation waste regulations. Amends the Solid Waste Disposal Act to provide that petroleum-contaminated media and debris from cleanup of leaking underground storage tanks that is hazardous due to organic constituents shall not be considered hazardous waste. Title X: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises authority to use the Fund for technical assistance grants, worker training, and other activities. Makes funds available for certain response, removal, remediation, and other costs. Limits natural resource damage funds to $50 million per year for FY 1996-1998 and $100 million annually thereafter. Limits funding for certain administration, oversight, monitoring, evaluation, enforcement, and other activities to 25 percent of the total for FY 1996-1998, and 20 percent for FY 1996 and thereafter. Sets specified other limitations on the use of Fund monies. Authorizes appropriations to the Hazardous Substance Superfund through FY 2000. Subtitle B: Five-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2000. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2000. Extends the repayment deadline. Provides additional sources of funds for Superfund.
United States · United States Congress · 29 September 1995
(Sec. 1) Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) notification requirements) to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge (under current law, "immediately") that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given (in addition to the community emergency coordinator and State emergency planning commission, as under current law) to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. (Sec. 2) Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release (under current law, "as soon as he has knowledge"). Allows such notice to be given (in addition to the National Response Center established under the Clean Water Act, as under current law) to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments.
![Official portrait of Rep. Tauzin, W. J. (Billy) [R-LA-3]](https://www.congress.gov/img/member/t000058_200.jpg)