United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: Prospective Purchasers Title III: Innocent Landowners Brownfields and Environmental Cleanup Act of 1997 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to States or local governments to inventory brownfield sites and conduct site assessments of brownfield sites. Defines a "brownfield site," with exceptions, as a facility that has or is suspected of having environmental contamination that: (1) could prevent the timely use, development, reuse, or redevelopment of the facility; and (2) is relatively limited in scope or severity and can be comprehensively characterized and readily analyzed. (Sec. 103) Directs the Administrator to establish a program to provide grants to State and local governments for capitalization of loan programs for brownfield site cleanup by either the State or locality or by an owner or prospective purchaser. (Sec. 104) Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs of this Act. Authorizes appropriations from the Fund. (Sec. 105) Requires reports to the Congress regarding the site assessment and loan capitalization programs. (Sec. 106) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties. (Sec. 109) Authorizes appropriations to carry out the site assessment and loan capitalization programs. Title II: Prospective Purchasers - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to absolve from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken. Title III: Innocent Landowners - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity.
United States · United States Congress · 21 January 1997
Extends veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such an individual as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of a certificate of honorable discharge to an individual who performed qualified service. Deems qualified service to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for benefits provided under this Act; and (2) an application processing fee.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Toward Equity for Women Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to establish, through a private entity awarded a contract by the Secretary of Labor, a payroll deduction and investment system, under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Sets forth system provisions for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations: (1) for the Secretary of Labor to design and award the contract for such system; and (2) for the contractor to begin operations under this chapter. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an option to suspend employer contributions. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Sets forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 one of the compensation criteria for a highly compensated employee. Excludes specified categories of employees from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Sets forth a special limitation rule for governmental and multiemployer plans, allowing annual benefits of up to $90,000. Exempts certain excess benefit arrangements from the $7,500 or one third of includible compensation limit for annual benefits. Prohibits such benefits from being taken into account in determining whether any other plan is an eligible deferred compensation plan. Provides a similar annual benefit exemption for survivor and disability benefits under multiemployer plans. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods for purposes of employee contributions. (Sec. 166). Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC (401(k) plans) by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Toward Equity for Women - Amends the IRC with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in plan is not treated as participation by the individual's spouse. (Sec. 402) Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 403) Amends the IRC and ERISA with respect to division of pension benefits upon divorce to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to the former spouse. (Sec. 404) Amends Federal civil service law to revise requirements for: (1) election of alternative deferred annuities by the surviving spouses of Federal employees; and (2) payment of lump-sum credit for former spouses of Federal employees (to state that payment to a person bars recovery by any other person). (Sec. 406) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Senate Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Political Action Committees Subtitle B: Provisions Relating to Soft Money of Political Party Committees Subtitle C: Soft Money of Persons Other Than Political Parties Subtitle D: Contributions Subtitle E: Independent Expenditures Title III: Enforcement Title IV: Miscellaneous Title V: Constitutionality; Effective Date; Regulations Bipartisan Campaign Reform Act of 1997 - Title I: Senate Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to set forth Senate election spending limits and benefits. Entitles complying candidates to specified: (1) broadcast discounts and free time; and (2) postage reductions. Directs the Federal Election Commission (Commission) to certify a candidate who has met the requirements of this title as eligible for benefits (under such title). (Sec. 106) Sets forth Senate candidate reporting requirements, including: (1) specification of in-State residents' contributions; and (2) expenditure of (candidate) personal funds. Amends the Communications Act of 1934 to: (1) provide for preemption only in situations beyond a station's control; and (2) extend the license revocation provision for failure to provide cable access. Title II: Reduction of Special Interest Influence - Subtitle A: Political Action Committees - Amends FECA to prohibit Federal election contributions by political action committees (as defined by this Act). States that if such ban is not in effect: (1) a committee's contributions to a candidate shall not exceed limits applicable to an individual; and (2) a candidate may not accept more than 20 percent of contributions from committee sources. Subtitle B: Provisions Relating to Soft Money of Political Party Committees - Amends FECA with respect to "soft money" to: (1) prohibit a national committee of a political party (including specified related entities) from soliciting or receiving contributions or making expenditures not subject to such Act; (2) require a State, district, or local committee of a political party to make Federal election year expenditures (with exceptions) from funds subject to such Act; (3) prohibit a national, State, district, or local committee from soliciting or donating funds to a tax-exempt organization; and (4) prohibit an incumbent or candidate for Federal office from soliciting or receiving funds not subject to such Act, or to solicit or receive funds for a non-Federal election in excess of certain limits or from prohibited sources (with exceptions for State or local candidates in compliance with State law). (Sec. 212) Establishes aggregate and separate individual contribution limits to State Party Grassroots Funds and all committees established by a State committee of a political party. Increases annual individual contribution limits. Sets forth State Party Grassroots Fund and reporting provisions. Subtitle C: Soft Money of Persons Other Than Political Parties - Amends FECA to require certain persons other than a political party that make aggregate election activity disbursements exceeding $10,000 to file with the Commission. Subtitle D: Contributions - Amends FECA to treat contributions: (1) made through an intermediary or conduit as having been made by the original contributor; and (2) delivered through a bundler as having been made by the bundler to the candidate as well as from the original contributor. Subtitle E: Independent Expenditures - Amends FECA regarding independent expenditure reporting requirements. Title III: Enforcement - Amends FECA to authorize the Commission to: (1) prescribe regulations for computer and facsimile reporting; (2) conduct random post election audits to ensure voluntary FECA compliance; and (3) seek injunctions. (Sec. 304) Reduces the aggregate annual contribution reporting requirement. (Sec. 305) Increases the penalty for knowing and willful violations of such Act. (Sec. 306) Prohibits: (1) contributions by individuals not qualified to vote; and (2) false representations to solicit contributions. (Sec. 309) Sets forth expedited Commission procedures regarding violations of such Act. Title IV: Miscellaneous - Amends FECA to prohibit the personal use of campaign funds. (Sec. 402) Sets forth political advertising provisions for print and broadcast or cablecast communications. (Sec. 403) Prohibits franked mass mailings by a Member in his or her election year, unless such Member will not be a candidate for any Federal office. (Sec. 404) Requires a committee of a political party, before making coordinated expenditures (as defined in this Act) in excess of $5000 for a Federal election, to certify to the Commission that it has not and will not make any independent expenditures (as defined in this Act) in connection with such campaign. (Sec. 406) Defines "express advocacy." Title V: Constitutionality; Effective Date; Regulations - Sets forth provisions regarding severability, review of constitutional issues, effective date, and Commission regulations.
United States · United States Congress · 21 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 · 27 September 1996
ISTEA Integrity Restoration Act - Makes specified unobligated balances of funds apportioned to a State under the Intermodal Surface Transportation Efficiency Act of 1991 before October 1, 1997, available for obligation in that State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1997. (Sec. 5) 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 "highway funds," beginning on October 1, 1997, to mean the funds apportioned and allocations authorized by such provisions to a State for a fiscal year and the funds administratively allocated to a State for the preceding fiscal year (if any) 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 estimates prepared by the Secretary of Commerce. (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 apportion among the States additional 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. (Sec. 13) Repeals set-asides for: (1) railway-highway crossing hazard elimination in high speed rail corridors; and (2) interstate discretionary programs. (Sec. 14) Modifies Federal highway provisions to require the Secretary, whenever an apportionment is made of the sums authorized to be appropriated for expenditure on the STP and NHS, to deduct a sum not to exceed two percent of all sums so authorized as the Secretary may deem necessary for administering the legal provisions to be financed from appropriations for the Federal-aid systems and for carrying on specified research authorized by such provisions.
United States · United States Congress · 27 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act.
United States · United States Congress · 27 September 1996
Welcomes the efforts of many post-Communist countries to address the status of plundered properties. Urges: (1) countries which have not already done so to return plundered properties to their rightful owners or, as an alternative, pay compensation in accordance with principles of justice and in a manner that is just, transparent, and fair; and (2) post-Communist countries to pass and effectively implement laws that provide for restitution of, or compensation for, plundered property. Calls for: (1) the urgent return of property formerly belonging to Jewish communities as a means of redressing the particularly compelling problems of aging and destitute survivors of the Holocaust; and (2) the Czech Republic, Latvia, Lithuania, Romania, Slovakia, and other countries to remove restrictions which require those whose properties have been wrongfully plundered by Nazi or Communist regimes to reside in or have the country's citizenship from which they now seek restitution or compensation. Calls upon foreign financial institutions, and the states having legal authority over their operation, that possess wrongfully and illegally property confiscated from Holocaust victims, from residents of former Warsaw Pact states who were forbidden by Communist law from obtaining restitution of such property, and from states that were occupied by Nazi, Fascist, or Communist forces, to assist and to cooperate fully with efforts to restore this property to its rightful owners.
United States · United States Congress · 25 September 1996
Medicare Access to Emergency Medical Care Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to establish requirements for Medicare managed care regarding access to emergency services.
United States · United States Congress · 25 September 1996
Waives for contract periods beginning on July 1, 1996, and ending on July 30, 1998, with respect to facilities of HealthCare USA, Inc. and Ultramedix Health Care Systems Inc. in Florida, the requirement under the Social Security Act that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of a participating health maintenance organization.
United States · United States Congress · 20 September 1996
Amends title XIX (Medicaid) of the Social Security Act to revise the post-eligibility treatment of the income of certain individuals (veterans and related persons) who are institutionalized or receiving home or community-based services under a certain waiver. Requires that any and all payments received under a Department of Veterans Affairs pension or compensation program be taken into account as income, including payments attributable to the recipient's medical expenses or to the recipient's need for aid and attendance, but excluding that part of any augmented benefit attributable to a dependent.
United States · United States Congress · 2 August 1996
Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, U.S. statehood, or separate sovereignty (independence or free association). Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation.
United States · United States Congress · 2 August 1996
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: Prospective Purchasers Title III: Fiduciary and Lender Liability Title IV: Innocent Landowners Brownfields and Environmental Cleanup Act of 1996 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide grants to local governments to inventory brownfield sites and conduct site characterizations of affected sites at which cleanups are being conducted or are proposed under a State program. Defines an "affected site," with exceptions, as a facility that has or is suspected of having environmental contamination that: (1) could prevent the timely use, development, reuse, or redevelopment of the facility; and (2) is relatively limited in scope or severity and can be comprehensively characterized and readily analyzed. (Sec. 102) Directs the Administrator to establish a program to provide grants to State and local governments for capitalization of loan programs for affected site cleanup by either the State or locality or by an owner or prospective purchaser. (Sec. 104) Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs of this Act. Authorizes appropriations from the Fund. (Sec. 105) Authorizes appropriations to EPA to carry out the site characterization and loan capitalization programs. Requires reports to the Congress regarding the programs. (Sec. 107) Imposes funding limitations, including a restriction on use of funds for administrative costs and a prohibition on the use of grants to pay fines or penalties. Title II: Prospective Purchasers - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to absolve from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of the facility's fair market value being increased above that which existed 180 days before the action was taken. Title III: Fiduciary and Lender Liability - Amends CERCLA to limit the liability of a fiduciary for the release or threatened release of a hazardous substance to the assets held in such capacity that are available to indemnify the fiduciary, subject to certain conditions. Revises the definition of "owner or operator" to further describe "participation in management," for purposes of limiting the liability of lenders for releases. (The definition of "owner or operator" excludes persons who, without participating in management of a vessel or facility, hold indicia of ownership to protect security interests.) Deems a final EPA rule regarding lender liability issued on April 29, 1992, to have been validly issued pursuant to the authority of CERCLA and to have been effective according to the final rule's terms. Precludes jurisdiction of a court to review the rule. Title IV: Innocent Landowners - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements. Revises provisions regarding the making of appropriate inquiry by a defendant to require the Administrator to issue or designate standards and practices that are considered generally accepted good commercial and customary standards and practices for purposes of such inquiry. Specifies factors to be considered.
United States · United States Congress · 2 August 1996
Medicare Hospice Benefit Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospice care to: (1) restructure the hospice care benefit period; (2) cover ambulance services, diagnostic tests, and anticancer chemotherapy and radiation therapy services; (3) permit contracting with independent physicians or physician groups for hospice care services; (4) allow waiver of certain staffing requirements for hospice care programs in non- urbanized areas; (5) define coverage denial, with respect to the limitation on the liability of beneficiaries and providers, to mean a determination that an individual is not terminally ill; and (6) extend the period for physician certification of an individual's terminal illness.
United States · United States Congress · 24 July 1996
Alu-O'Hara Public Safety Officers Health Benefits Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a ten percent reduction in Federal assistance to a State under the justice system improvement grant program unless public safety officers who are separated from service as a result of injuries sustained in the line of duty continue to receive at least the same level of health insurance benefits.
United States · United States Congress · 18 July 1996
Transportation Empowerment Act - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations out of the Highway Trust Fund (HTF) for the interstate maintenance program, the bridge program, the Federal lands highways program, public lands highways, and parkways and park roads through FY 2001. Repeals all funding for the surface transportation program, the congestion mitigation and air quality improvement program, and Federal Highway Administration highway safety (including research and development) programs. Amends the Internal Revenue Code (IRC) to: (1) extend until October 1, 2001, the availability of HTF funds for authorized expenditures ; (2) set a core programs financing rate for gasoline, special motor fuels, and diesel fuel; (3) establish in HTF an Infrastructure Special Assistance Fund; and (4) provide for the return of excess tax receipts to States for transportation purposes. Terminates transfers to the HTF's Mass Transit Account on and after October 1, 1997. (Sec. 6) Grants congressional consent to States to enter into interstate compacts to: (1) promote the continuity, quality, and safety of the Interstate System; (2) develop programs to promote and fund safety initiatives and establish safety standards; (3) conduct long-term planning for transportation infrastructure in, and develop transportation infrastructure design and construction standards to be used by, participating States; and (4) establish transportation infrastructure banks. Sets forth provisions regarding financing and establishment of infrastructure banks. (Sec. 7) Requires the head of each executive agency to: (1) assist State and local governments in efforts to privatize the transportation infrastructure assets of the State and local governments; and (2) approve requests from State and local governments to privatize transportation infrastructure assets and waive or modify any grant condition, subject to specified requirements. Sets forth provisions regarding criteria for approval of requests, lack of obligation to repay Federal grant funds, use of proceeds from the privatization of a transportation infrastructure asset, and cost recovery. (Sec. 8) Amends the IRC to reduce taxes on gasoline, diesel fuel, and special fuels funding HTF. (Sec. 9) Directs the Secretary to report to the Congress describing technical and conforming amendments and other laws that are appropriate in light of this Act.
United States · United States Congress · 11 July 1996
Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage and maximum hour requirements inmates of penal or other correctional institutions who participate in correctional work programs (except inmates who participate in specified prison work pilot programs).
United States · United States Congress · 24 June 1996
Mollie Beattie Alaska Wilderness Area Act - Amends the Alaska National Interest Lands Conservation Act to designate that portion of the Artic National Wildlife Refuge Wilderness located in the Brooks Range as the Mollie Beattie Alaska Wilderness Area. Requires the Secretary of the Interior to place a monument in honor of Mollie Beattie's contributions to fish, wildlife, and waterfowl conservation and management at the entrance of the Area or another suitable location designated by the Secretary. Authorizes appropriations.
United States · United States Congress · 19 June 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the property is damaged because of its racial or ethnic character; and (2) the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the property is damaged because of its religious character; (2) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (3) the loss exceeds $10,000.) Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, religious, or ethnic characteristics of any individual associated with such property. Increases penalties for violations of such provisions where bodily injury results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire. Includes within the definition of "religious property" fixtures or religious objects contained within a place of religious worship. Sets a seven-year statute of limitation for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions. Authorizes the Secretary of Housing and Urban Development to use up to $5 million of the credit subsidy provided under the General and Special Risk Insurance Fund for guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions. Reauthorizes the Hate Crimes Statistics Act. Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts.
United States · United States Congress · 14 June 1996
Section 501(c)(3) Nonprofit Organizations Tax-Exempt Bond Reform Act of 1996 - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.
United States · United States Congress · 13 June 1996
National Environmental Education Amendments Act of 1996 - Amends the National Environmental Education Act to require development of curricula, materials, and training programs supported by the Environmental Protection Agency's (EPA) Office of Environmental Education to be balanced and scientifically sound. Requires that implementation of the Act be through EPA. Eliminates requirements for a Director and a minimum number of staff. Allows activities to be carried out through grants, cooperative agreements, or contracts. Reduces the percentage of funds to be obligated for environmental education grants of not more than $5,000. Prohibits use of grants for certain lobbying activities. Eliminates provisions for environmental internships and fellowships. Eliminates environmental education awards provided for under such Act, except the President's Environmental Youth Awards. Revises requirements for membership on the National Environmental Education Advisory Council. Revises requirements for membership on the Federal Task Force on Environmental Education to require that it be open to representatives of any Federal agency actively engaged in environmental education. (Under current law, membership must include specified agency representatives.) Eliminates specific requirements for contents of Advisory Council reports. Changes the name of the National Environmental Education and Training Foundation to the Foundation for Environmental Education. Increases the size of the Board of the Directors. Removes the prohibition on the transmission of logos or other means of identification on materials donated to the Foundation for environmental education and training use. Authorizes appropriations. Revises funding limitations. Limits amounts available for administrative costs.
United States · United States Congress · 11 June 1996
Medicare Restore Trust Act of 1996 - Creates a point of order in the Senate against legislation that diverts savings achieved through Medicare waste, fraud, and abuse enforcement activities for purposes other than improving the solvency of the Federal Hospital Insurance Trust (trust fund) under title XVIII (Medicare) of the Social Security Act. Allows waiver or suspension of such point of order under certain circumstances. Requires the Secretary of Health and Human Services and the Attorney General, before the end of each fiscal year, to take certain joint actions to ensure the financial integrity of the trust fund against any expenditures from any account established to combat health care waste, fraud, and abuse which do not relate to the administration of the Medicare program.
United States · United States Congress · 11 June 1996
TABLE OF CONTENTS: Title I: Fraud and Abuse Control Program Title II: Revisions to Current Sanctions for Fraud and Abuse Title III: Administrative and Miscellaneous Provisions Title IV: Civil Monetary Penalties Title V: Amendments to Criminal Law Title VI: State Health Care Fraud Control Units Title VII: Medicare-Medicaid Billing Abuse Prevention Medicare Antifraud Act of 1996 - Title I: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) and the Attorney General to establish: (1) an all-payer fraud and abuse control program that provides, among other things, for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established by this Act; and (2) guidelines, including information guidelines, to carry out such program. (Sec. 101) Amends SSA title XVIII (Medicare) to establish in the Federal Hospital Insurance Trust Fund the Health Care Fraud and Abuse Control Account, which shall consist in part of criminal fines recovered in cases involving a Federal health care offense, in order to fund both the all-payer fraud and abuse control program and the Medicare Benefit Integrity System. Makes appropriations for such Account. (Sec. 102) Establishes under Medicare part C (Miscellaneous Provisions) a new Medicare Benefit Integrity System in order to: (1) improve the effectiveness of Medicare benefit quality assurance activities; and (2) enhance the HHS Secretary's capability to carry out Medicare program safeguard functions and related education activities to avoid the improper expenditure of assets in the Medicare trust funds. (Sec. 103) Applies specified Medicare and State health care anti-fraud and abuse provisions of part A (General Provisions) of SSA title XI to all Federal health programs. (Sec. 104) Directs the HHS Secretary annually to solicit proposals for modifications to existing safe harbors and for additional safe harbors, according to certain criteria, for payment practices. Permits any person, at any time, to request a notice from the HHS Inspector General (IG) which informs the public of practices which the IG considers to be suspect or of particular concern (special fraud alerts), as well as interpretive rulings with regard to the application of certain anti-fraud and abuse provisions under SSA title XI. (Sec. 105) Directs the HHS Secretary to establish the Medicare-Medicaid Beneficiary Protection Program, among other things, for educating Medicare and Medicaid beneficiaries regarding Medicare and Medicaid program coverage and how to protect themselves against certain fraudulent and abusive practices with respect to the delivery of health care items and services. (Sec. 106) Sets forth measures for the HHS Secretary and the Attorney General to ensure the integrity of the Federal Hospital Insurance Trust Fund. Title II: Revisions to Current Sanctions for Fraud and Abuse - Amends SSA titles XI and XVIII (Medicare) to provide for: (1) the mandatory exclusion from participation in Medicare and State health care programs of individuals with a health care felony fraud or a controlled substance conviction; (2) a minimum period of permissive exclusion for certain individuals and entities subject to such an exclusion from Medicare and State health care programs; (3) the permissive exclusion of individuals with ownership or control interest in sanctioned entities; (4) a minimum period of exclusion for practitioners and individuals failing to meet certain statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. (Sec. 206) Exempts certain program exclusions from an automatic stay imposed under the Federal bankruptcy code. (Sec. 208) Requires reimbursement of the Secretary by Medicare carriers, fiscal intermediaries, and States for their payment of claims by excluded providers after due notice of their exclusion. Title III: Administrative and Miscellaneous Provisions - Directs the HHS Secretary to: (1) provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners; and (2) maintain a database of the information collected for it. (Sec. 302) Amends the Health Care Quality Improvement Act of 1986 to: (1) grant the HHS and other specified Federal IGs access to the National Practitioner Data Bank; and (2) permit the HHS Secretary to recover the full costs of providing Data Bank information, and to disallow the imposition of any information fees for requests by the HHS IG. (Sec. 303) Requires the HHS Secretary to establish a corporate whistleblower program whereby corporate and other legal entities may voluntarily disclose instances of unlawful conduct and seek to resolve liability for such conduct through means specified by the Secretary. Prohibits individual civil actions against proposed defendants which have made voluntary disclosures to the United States and have been accepted into such program. (Sec. 304) Bases home health billing, payment, and cost limit calculation on the geographical location where the service is furnished. (Sec. 305) Modifies the special payment rules under Medicare for durable medical equipment with regard to adjustment for inherent reasonableness. (Sec. 306) Revises Medicare secondary payor provisions with regard to time and filing limitations for a claim, liability of third party administrators, and payment amounts to Medicare. (Sec. 309) Revises the meaning of carriers with respect to contracts for Medicare claims processing to include agencies and organizations. Title IV: Civil Monetary Penalties - Revises requirements for civil money penalties under part A of SSA title XI, among other things, to provide for: (1) payment into the Health Care Fraud and Abuse Control Account of a portion of civil money penalty amounts recovered; and (2) an increase in the civil monetary penalty. Subjects to such a penalty an excluded individual retaining an ownership or controlling interest in a Medicare or State health care program. Permits the HHS Secretary to impose a penalty on any individual (including any organization, but not a beneficiary) who knowingly receives any kickback or bribe in return for making a referral or purchasing equipment in a Medicare or State health care program. Title V: Amendments to Criminal Law - Amends the Federal criminal code with respect to: (1) mail fraud to establish penalties for health care fraud; (2) forfeiture of property in certain Federal health care offenses; (3) injunctive relief to prevent such offenses; (4) penalties for false statements, theft, and embezzlement relating to health care matters; (5) penalties for obstruction of criminal investigations of Federal health care offenses, theft, or embezzlement in connection with health care; and (6) laundering of monetary instruments in connection with a Federal health care offense. (Sec. 509) Specifies authorized investigative demand procedures. Title VI: State Health Care Fraud Control Units - Amends SSA title XIX (Medicaid) to provide for extension of concurrent authority to investigate and prosecute: (1) fraud in other Federal programs; and (2) patient abuse in non-Medicaid board and care facilities. Title VII: Medicare-Medicaid Billing Abuse Prevention - Directs the HHS Secretary to: (1) establish certain procedures and a uniform application form for individuals or entities seeking to participate in Medicare or Medicaid; (2) establish standards for claim forms and submission; (3) develop specific standards governing claims submission via electronic media in order to control fraud and abuse; and (4) establish a system for issuance of a unique identifier code for each service provider, including code fees. (Sec. 705) Makes certain Medicare debts nondischargeable under the Federal bankruptcy code.
United States · United States Congress · 6 June 1996
TABLE OF CONTENTS: Title I: Recognition of the Millennium Society Title II: Commemorative Coins Title III: Commemorative Postage Stamps Millennium Society Act of 1996 - Title I: Recognition of the Millennium Society - Recognizes the Millennium Society (a nonprofit U.S. corporation chartered and organized under the laws of the State of Illinois on November 21, 1983) and any other organization that is organized and operated by the corporation exclusively for charitable and educational purposes. (Sec. 105) Sets forth the goals and purposes of the Society, which include: (1) establishing national goals for commemoration and celebration of the millennium in the United States and U.S. participation in such international events; (2) exercising exclusive jurisdiction over all matters pertaining to U.S. participation in commemorations or celebrations of the millennium; (3) coordinating activities and holding forums and symposiums to promote educational and cross-cultural exchange; and (4) establishing, endowing, and administering the Millennium Scholars Program. (Sec. 114) Grants the Society the sole and exclusive right to the use of specified symbols, emblems, trademarks, and names to carry out its functions. Authorizes the Society to allow contributors and suppliers of goods and services to use the Society's trade name, trademarks, symbols, insignia, emblems, seals, descriptive or designating marks, and slogans in advertising under specified conditions. Subjects to a civil action by the Society for the remedies provided in the Trademark Act of 1946 any person who, without the Society's consent, uses its trademark, symbol, insignia, emblem, seal, descriptive or designating mark, or slogan: (1) for the purposes of trade; (2) to induce the sale of any goods or services; (3) or to promote any theatrical exhibition, performance, or competition. Exempts persons who lawfully used such a symbol or slogan before the enactment of this Act. Allows the individuals to continue such lawful use for the same purpose and for the same goods or services. Title II: Commemorative Coins - Directs the Secretary of the Treasury to mint five-dollar gold coins and one-dollar silver coins emblematic of the events of the second millennium and the advent of the third. (Sec. 204) Provides for the issuance of such coins beginning on July 1, 1999, and ending on January 1, 2001. (Sec. 207) Requires all surcharges received from coin sales to be promptly paid to the Society, under specified conditions, to be used only for the purpose of supporting the Millennium Scholars Program. Title III: Commemorative Postage Stamps - Urges the U.S. Postal Service to cooperate with the Secretary and the Society in the: (1) issuance of appropriate first day of issuance postage stamps commemorating the end of the second millennium and the advent of the third; and (2) production of a philatelic numismatic combination as a unique item to be made available to the public for such commemoration.
United States · United States Congress · 23 May 1996
Shore Protection Act of 1996 - Includes as U.S. policy the prevention of damage to U.S. beaches and the promotion of shore protection projects (projects) and related research that encourages the protection, restoration, and enhancement of sandy beaches. Directs the Secretary of the Army to: (1) recommend, conduct, and report to the Congress on studies concerning projects that meet established criteria; (2) recommend to the Congress the authorization or reauthorization of projects based on study results; (3) consider the economic, ecological, local, and regional benefits of such projects; and (4) carry out the projects in coordination with any other Federal projects. Directs the Secretary to: (1) construct any project authorized by the Congress for which funds have been appropriated through a construction agreement with a non-Federal interest; (2) report annually to the appropriate congressional committees on the status of all ongoing shore protection studies and projects; and (3) reimburse non-Federal interests (currently, local interests) for work done on authorized projects (current law) or separable elements of such projects. Amends the Water Resources Development Act of 1992 to require similar written agreements with non-Federal interests for shoreline projects carried out under such Act. Authorizes the Secretary to: (1) cooperate with a State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources; (2) encourage State participation in plan implementation; and (3) submit reports and recommendations to the Congress concerning Federal participation in such plan. Amends the Flood Control Act of 1970 to include within authorized projects shore protection projects, including beach nourishment and the replacement of sand.
United States · United States Congress · 23 May 1996
Directs the U.S. Customs Service to liquidate or reliquidate (refund duties on) specified entries of television sets made at New York, New York, between May 1, 1984, through March 31, 1985, in accordance with the final results of a certain administrative review by the International Trade Administration of the Department of Commerce.
United States · United States Congress · 21 May 1996
Amends the Harmonized Tariff Schedule of the United States to impose duties upon certain fireworks. Increases the column one duty rate regarding specified other types of fireworks.
United States · United States Congress · 17 May 1996
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to proscribe any fee assessment for certain customs services provided in connection with the arrival of any passenger on board a commercial vessel traveling only between ports within the customs territory of the United States. Provides that specified fee exemptions do not apply in the case of the arrival of any passenger on board a commercial vessel whose journey originates and terminates at the same place in the U.S. if there are no intervening stops. Mandates a one-time only assessment of certain customs fees for each passenger in the case of a commercial vessel making a single voyage involving two or more United States ports with respect to which the passengers would otherwise be charged a fee.
United States · United States Congress · 8 May 1996
United States Tourism Organization Act - Establishes: (1) the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism; and (2) the United States Tourism Organization as a non-Federal nonprofit organization to implement the national travel and tourism strategy developed by the Board. Requires the Secretary of State to cooperate with the Organization and place a high priority on implementing its recommendations. Amends the Export Enhancement Act of 1988 to require the Federal trade promotion plan of the Trade Promotion Coordinating Committee (TPCC) to reflect Board recommendations. Makes the Chairman of the Organization a member of the TPCC. Terminates the Organization and the Board if a plan for the long-term financing of the Organization has not been implemented two years after its incorporation.
United States · United States Congress · 24 April 1996
Recognizes April 26, 1996, as the tenth anniversary of the Chernobyl nuclear power plant disaster. Calls upon the Government of Ukraine to continue its negotiations with the G-7 countries to implement the December 20, 1995, memorandum of understanding which calls for all nuclear reactors at Chernobyl to be shut down. Urges the President to: (1) support U.S. assistance to provide medical relief, humanitarian assistance, social impact planning, and hospital development for Ukraine, Belarus, Russia, and other nations most heavily afflicted by Chernobyl's aftermath; (2) encourage national and international health organizations to expand the scope of research into the public health consequences of Chernobyl so that the global community can benefit; (3) support closing the plant; and (4) support broadening Ukraine's regional energy sources which will reduce its dependence on any individual country.
United States · United States Congress · 19 April 1996
Provides for observation of a moment of silence at 9:02 a.m. central daylight time on April 19, 1996, in remembrance of the victims of the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Commends the people of Oklahoma and the aid provided by rescuers, Federal agencies, countless volunteers, and Federal employees. Reaffirms trust in our system of justice to ensure that the perpetrators are convicted and punished.
United States · United States Congress · 15 April 1996
Pays tribute to the remarkable life and career of Ronald H. Brown (the late Secretary of Commerce) and to the contributions of all those who perished in the airplane accident on April 3, 1996, while in service to their country on a mission to Bosnia. Extends condolences to the victims' families.
United States · United States Congress · 18 March 1996
Expresses appreciation to Jean Schrag Lauver for 21 years of service on the Senate Committee on Environment and Public Works as a majority and minority professional staff person.
United States · United States Congress · 13 March 1996
Expresses: (1) admiration of the legacy of the late Israeli Prime Minister Yitzhak Rabin and his contribution to the special relationship between the United States and Israel; and (2) the sense of the Congress that the American Promenade in Israel be named in memory of him.
United States · United States Congress · 6 March 1996
Restoration of Natural Resources Laws on the Public Lands Act of 1996 - Amends Federal law to repeal the emergency salvage timber sale program. Provides for specified forest health-related studies.
United States · United States Congress · 9 February 1996
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights. Calls upon the President to continue to: (1) assert the U.S. Government's concern regarding Iran's violations of the rights of its citizens, including members of the Baha'i community, along with expressions of concern regarding the Iranian Government's support for international terrorism and its efforts to acquire weapons of mass destruction; (2) emphasize that the United States regards the human rights practices of the Iranian Government, particularly its treatment of the Baha'i community and other religious minorities, as a significant factor in the development of U.S.-Iranian relations; (3) urge the Iranian Government to emancipate the Baha'i community by granting those rights guaranteed by the Universal Declaration of Human Rights and the international covenants on human rights; and (4) encourage other governments to continue to appeal to the Government of Iran, and to cooperate with other governments and international organizations, in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
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