United States · United States Congress · 21 May 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 21 May 1997
Directs the Secretary of Commerce to determine, and report to the Congress, the levels of exports of U.S. goods to North American Free Trade (NAFTA) parties and imports into the United States of goods from NAFTA parties, and the number of jobs that have resulted from increased exports of goods to NAFTA parties and the loss of jobs that have resulted from increased imports into the United States of goods from NAFTA parties since January 1, 1994. Directs the Administrator of the Environmental Protection Agency (EPA) to investigate, and report to the Congress on, whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent that may be attributable to NAFTA, and specifically in and around the U.S.-Mexico and the U.S.-Canada borders. Directs the President to certify annually to the Congress whether or not each NAFTA country is meeting certain commitments made with respect to: (1) environmental protection in the North American Agreement on Environmental Cooperation; and (2) worker's rights in the North American Agreement on Labor Cooperation.
United States · United States Congress · 16 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 15 May 1997
TABLE OF CONTENTS: Title I: Children's Environmental Protection Subtitle A: Disclosure of Industrial Releases That Present a Significant Risk to Children Subtitle B: Disclosure of High Health Risk Chemicals in Children's Consumer Products Title II: Public Right to Know About Toxic Chemical Use Children's Environmental Protection and Right to Know Act of 1997 - Title I: Children's Environmental Protection - Subtitle A: Disclosure of Industrial Releases That Present a Significant Risk to Children -Amends the Emergency Planning and Community Right-To-Know Act of 1986 to require the Administrator of the Environmental Protection Agency (EPA) to establish thresholds for toxic chemicals which may present significant risks to children's health or the environment. Includes lead, mercury, dioxin, cadmium, chromium and other specified bioaccumulative chemicals as substances subject to such thresholds. Makes dioxin and specified bioaccumulative chemicals subject to toxic chemical release form reporting requirements under such Act. Authorizes citizen suits against the Administrator for failures to establish thresholds under this Act. Subtitle B: Disclosure of High Health Risk Chemicals in Children's Consumer Products - Amends the Federal Hazardous Substances Act to require the Secretary of Health and Human Services, acting through the National Toxicology Program, to publish a list of substances which are toxic due to carcinogenic, neurotoxic, or reproductive toxic effects. Directs the Secretary to identify those substances to which infants and young children are exposed. Requires manufacturers or importers of eligible products (defined as toys or other articles intended for use by children) which contain such substances to report specified information to the Consumer Product Safety Commission, including information supporting that a substance is not a misbranded or banned hazardous substance. Authorizes exemptions from such reporting requirements if a substance would not cause substantial personal injury or illness as a result of foreseeable handling, including ingestion by children. Permits citizen suits with respect to certain violations under the Federal Hazardous Substances Act and against the Commission for failure to perform duties under this Act. Title II: Public Right to Know About Toxic Chemical Use - Expands information to be included in toxic chemical release forms, including the number of employees and occupational exposures at reporting facilities as well as materials accounting information. Requires the Administrator to take certain actions to: (1) standardize data and obtain and integrate information regarding toxic chemicals; (2) consolidate all annual reporting requirements of Federal environmental laws for small businesses and entities subject to toxic chemical release reporting; and (3) provide the public with one point of contact for access to information gathered by EPA. Requires disclosures on the uses of toxic chemicals by reporting facilities. Permits the withholding of portions of materials accounting information reported by covered facilities for purposes of protecting trade secrets.
United States · United States Congress · 15 May 1997
Declares that any final rule that prohibits States from granting exceptions for not-for-hire intrastate transportation by farmers and farm-related service industries shall not take effect before October 1, 1999, or until authorization of appropriations for fiscal year 1998 to carry out chapter 51 of title 49, United States Code (relating to transportation of hazardous materials), whichever comes later.
United States · United States Congress · 15 May 1997
Declares that the Congress: (1) maintains that the standard for the "Made in USA" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.
United States · United States Congress · 14 May 1997
Independent Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than July 1998 or 240 days after the appointment of its members (whichever occurs earlier), to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 8 May 1997
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 8 May 1997
Military Recruit Training Policy Restoration Act of 1997 - Directs the Secretaries of the military departments concerned to require that basic training (or its equivalent) at the company level and below (at the group level and below, with respect to the Air Force) be conducted through separate units for male and female recruits. Allows only male officers to command and serve as drill instructors in a male training unit, and only female officers to command and serve as drill instructors in a female training unit.
United States · United States Congress · 8 May 1997
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to the dictates of conscience, the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed; and (2) the Government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.
United States · United States Congress · 7 May 1997
Commends 25 specified States for their efforts with respect to prison time served by criminal offenders. Encourages all remaining States to adopt legislation to increase the time served by violent felons. Reemphasizes that individuals who commit violent crime should serve at least 85 percent of their sentence.
United States · United States Congress · 6 May 1997
Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims that is founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 1 May 1997
Amends the Tariff Act of 1930, with respect to the imposition of countervailing duties, to treat as noncountervailable subsidies any pricing practices or tenure arrangements for the sale of softwood timber grown on publicly owned lands, as well as log export restrictions.
United States · United States Congress · 29 April 1997
Great Lakes Fish and Wildlife Restoration Act of 1997 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to: (1) include among the Act's purposes to develop and implement proposals for the restoration of fish and wildlife resources in the Great Lakes Basin; and (2) include microorganisms within the definition of "nonindigenous species." Requires the Director of the United States Fish and Wildlife Service to: (1) ensure that proposals resulting from recommendations of the Great Lakes fishery resources restoration study or identified through an annual request to specified State and tribal entities are developed and that the highest priority proposals are implemented; and (2) annually request that State Directors and Indian Tribes submit fish and wildlife resources restoration proposals based on the results of the study or other sources. Requires the Great Lakes Fishery Commission to retain authority and responsibility for formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Basin. Authorizes the Secretary of the Army, at the Commission's request, to construct and improve water resources projects related to sea lamprey management. Establishes the Great Lakes Fish and Wildlife Restoration Proposal Review Committee. Requires the Director to select proposals to be implemented and, within available appropriations, fund their implementation. Sets forth cost-sharing requirements. Requires maintenance of the functions of the Great Lakes Coordination Office in East Lansing, Michigan, and of the Upper and Lower Great Lakes Fishery Resources Offices. Authorizes appropriations.
United States · United States Congress · 24 April 1997
TABLE OF CONTENTS: Title I: Enrollment of Retirees in TRICARE Prime and Medicare Reimbursement Title II: FEHBP Option for Retirees Uniformed Services Retiree and Dependents Health Care Availability Act - Title I: Enrollment of Retirees in TRICARE Prime and Medicare Reimbursement - States that the Secretary of Defense (Secretary) may not prohibit the enrollment of Medicare-eligible military retirees in the managed care option of the TRICARE program (a Department of Defense (DOD) managed health care program) solely on account of age or entitlement to hospital insurance benefits under Medicare part A. (Sec. 103) Requires the Secretary and the Secretary of Health and Human Services (HHS Secretary) to jointly establish a program (subvention program) that, beginning October 1, 1997, provides DOD with reimbursement from the Medicare program for health care services provided to Medicare-eligible retirees through the TRICARE program. Allows such reimbursement only if such retirees are also enrolled in the supplementary medical insurance program under Medicare part B. Requires program enrollment to be voluntary. Authorizes the Secretary to: (1) waive enrollment fees; (2) modify existing TRICARE program contracts to incorporate enrollment provisions; and (3) establish cost-sharing requirements for enrollees. (Sec. 104) Provides for the determination of DOD reimbursement amounts, requiring the HHS Secretary to make such payments from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Insurance Trust Fund. (Sec. 105) Requires the Secretary to maintain current DOD health-care efforts for Medicare-eligible retirees in order to avoid imposing added costs to the Medicare program. Requires specified estimates of prior efforts and future targets with respect to DOD health care provided under the subvention program. Directs the Comptroller General to determine and report to the two Secretaries and the Congress annually on the extent, if any, to which costs of the Secretary under the TRICARE program and the HHS Secretary under the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary action to offset any added costs. (Sec. 106) Requires the Secretary to reimburse subvention program participants for any late enrollment penalties imposed under the Medicare program. (Sec. 107) Provides that, in the case of a Medicare-eligible retiree who seeks to enroll in a Medicare supplemental policy, the issuer of such policy may not: (1) deny the issuance or effectiveness of such policy; or (2) discriminate in the policy's price. Makes eligible for both the subvention program and the Medicare supplemental program a Medicare-eligible retiree who: (1) is at least 65 years old and was eligible to enroll in Medicare part B; and (2) did not enroll in the Medicare program during his or her initial enrollment period. Title II: FEHBP Option for Retirees - Directs the Secretary to enter into an agreement with the Office of Personnel Management under which a Medicare-eligible military retiree will be offered an opportunity to enroll in a health benefits plan offered through the Federal Employee Health Benefits Program (FEHBP) as an additional option for receiving health care services. Makes eligible under such agreement: (1) a Medicare-eligible retiree who is entitled to retired or retainer pay; and (2) a dependent of such individual who is entitled to hospital insurance benefits under Medicare part A. Allows a retiree who enrolls in the FEHBP to continue to receive health care services through a military medical treatment facility. Outlines provisions concerning: (1) contribution requirements; (2) management of participation; and (3) reporting requirements concerning plan enrollment, costs and effectiveness. Requires the Secretary to begin offering the FEHBP option no later than January 1, 1999. (Sec. 202) Requires the health and dental care benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) and TRICARE Standard to be the same as those provided for the highest level of benefits under the service benefit plan of the FEHBP.
United States · United States Congress · 24 April 1997
Amends the Internal Revenue Code to revise provisions concerning the discharge of indebtedness from the prepayment of certain loans under the Rural Electrification Act of 1936, as such Act was in effect on January 1, 1993 (currently, as such Act was in effect on January 1, 1987).
United States · United States Congress · 23 April 1997
Patient Access to Responsible Care Act of 1997 - Amends the Public Health Service Act to require a health insurance issuer to: (1) assure that covered items and services are available and accessible to each enrollee; (2) assure the availability and accessibility of emergency services and urgent care 24 hours a day, 7 days a week; (3) not require prior authorization for emergency services; and (4) cover emergency and urgent (and related ancillary) services. Requires an issuer offering network coverage to show that enrollees have access to specialized treatment. Regulates network incentive plans. Requires an issuer to: (1) permit each network enrollee to select a personal health professional from participating professionals; (2) cover nonparticipating providers, regulating premiums and cost sharing; (3) avoid undue enrollee burden from care coordination and cost control processes; (4) ensure direct specialist access; (5) provide for continuity of care for those with special needs or a chronic condition; and (6) provide for continued coverage in certain circumstances. Prohibits issuer discrimination on the basis of specified factors against individuals or providers. Prohibits any issuer-professional agreement from restricting the professional from engaging in medical communications with the professional's patient. Sets forth requirements regarding utilization review, an appeals process, and the process by which health professionals and providers become participants. Requires issuers to: (1) disclose certain information to enrollees and prospective enrollees; (2) comply with Federal and State confidentiality laws; (3) meet State solvency-related requirements; and (4) establish a quality improvement program. Requires issuers to comply with this Act regarding group and individual coverage. Declares that the requirements of this Act do not preempt any State law providing equivalent or stricter protections for individuals. Amends the Employee Retirement Income Security Act of 1974 to require a group health plan and an issuer offering coverage under such a plan to comply with the requirements of this Act. Declares that this Act does not preempt any State: (1) law providing equivalent or stricter protections for individuals; or (2) cause of action for personal injury or wrongful death damages that provides insurance or administrative services to or for an employee welfare benefit plan maintained to provide health benefits.
United States · United States Congress · 23 April 1997
Expresses the sense of the Congress that certain provisions of the Merchant Marine Act, 1920 relating to transportation of merchandise between U.S. points in other than domestically built or rebuilt and documented vessels and to incineration of hazardous waste at sea (those provisions popularly known as the Jones Act) and related statutes are critically important components of our Nation's economic and military security and should be fully and strongly supported.
United States · United States Congress · 17 April 1997
Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program in the National Institutes of Health to conduct and support research and training on Parkinson's disease. Requires: (1) the convening of a research planning conference at least every two years; (2) the awarding of Core Center Grants to encourage innovative multidisciplinary research and training on Parkinson's (designating each recipient as a Morris K. Udall Center for Research on Parkinson's Disease); and (3) a grant program to support investigators with a proven record who demonstrate potential for breakthroughs in understanding the pathogenesis, diagnosis, and treatment of Parkinson's. Authorizes appropriations. Prohibits using any amounts under this Act for any research or therapeutic application that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion.
United States · United States Congress · 17 April 1997
Principal Residence Tax Exclusion Act of 1997 - Amends the Internal Revenue Code to replace the existing one-time exclusion of up to $125,000 of gain from the sale of a principal residence by a person at least 55 years old with an exclusion of gain of up to $250,000 ($500,000 for qualifying joint return) for a qualifying sale of a principal residence regardless of the person's age. Applies such exclusion to only one sale or exchange every two years. Repeals the provision providing for nonrecognition of gain on principal residence rollovers.
United States · United States Congress · 17 April 1997
Redesignates the Department of Justice Building located at 10th Street and Constitution Avenue, N.W., in Washington, D.C., as the Robert F. Kennedy Department of Justice Building.
United States · United States Congress · 17 April 1997
Amends the Internal Revenue Code to exclude from gross income (under the qualified scholarship provisions) certain amounts provided by an employer to the child of an employee.
United States · United States Congress · 16 April 1997
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical and dental care comparable to that offered under CHAMPUS. Includes as an eligible covered beneficiary any member or former member of the armed forces, and any dependent of such member, who: (1) is not guaranteed access under CHAMPUS or TRICARE Standard (a Department of Defense managed care program) to health and dental care comparable to the highest level provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of geographical inaccessibility, enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) enrollment contributions; (2) participation management by the Director of the Office of Personnel Management (OPM); and (3) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Requires the health and dental care benefits provided under CHAMPUS and TRICARE Standard, as well as the rates prescribed for the reimbursement of providers under such programs, to be comparable to the highest level of benefits provided under the FEHB. Requires the Secretary to begin offering the health benefits option of this Act no later than November 1, 1997.
United States · United States Congress · 16 April 1997
Homeowners Association Clarification Act of 1997 - Amends the Internal Revenue Code to allow timeshare associations to elect to be taxed under provisions relating to homeowner associations.
United States · United States Congress · 16 April 1997
State and Local Government Interstate Waste Control Act of 1997 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information. Authorizes States to establish limits on the amount of out-of-State waste received annually for disposal at each facility pursuant to an exemption for documented shipments (under clause (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented out-of-State waste before enactment of this Act at the amount received during 1993 (zero if no such waste was received at the facility during that year). Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1997 that are percentages of the waste received during 1993, beginning with 85 percent in 1998 and declining to 50 percent after 2000. Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State. Allows States to require that a permit issued for a new landfill or incinerator or an expansion include an annual limitation of not less than 20 percent on the total quantity of out-of-State municipal solid waste relative to the total waste received by the facility. Requires any such limitation to be uniformly applied and prohibits discrimination (absent agreement otherwise) against shipments of out-of-State waste on the basis of State of origin. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of out-of-State waste received during the preceding year.
United States · United States Congress · 15 April 1997
Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government. Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights. (Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case. Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request. Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process. Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act.
United States · United States Congress · 15 April 1997
Constitutional Amendment - Grants victims of violent crimes or crimes for which the defendant can be imprisoned for longer than one year the right: (1) to notice of, and to not be excluded from, all public proceedings relating to the crime; (2) to be heard, if present, and to submit a written statement at all public proceedings (and non-public parole proceedings to the extent the convicted offender is afforded such rights) relating to the crime to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the crime; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the crime; (5) to an order of restitution from the convicted offender; (6) to consideration for the victim's safety in determining any release from custody; and (7) to notice of the rights established by this amendment. Grants the victim standing to assert such rights. Grants power to the Congress and the States to enforce this amendment.
United States · United States Congress · 10 April 1997
TABLE OF CONTENTS: Title I: National Science Foundation Authorization Title II: General Provisions National Science Foundation Authorization Act of 1997 - Title I: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1998 and 1999. Title II: General Provisions - Directs NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. (Sec. 202) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Science and Engineering Equal Opportunities Act. (Sec. 203) Directs the Director of the Office of Science and Technology Policy, in consultation with other relevant agencies, to prepare a report analyzing what steps would be needed to: (1) reduce by ten percent the proportion of Federal assistance to institutions of higher education that are allocated for indirect costs; and (2) reduce the variance among indirect cost rates of different higher education institutions, including an evaluation of the relative benefits and burdens of each option on higher education institutions. Requires that such report be transmitted to the Congress no later than December 31, 1997. (Sec. 204) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. (Sec. 205) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). (Sec. 206) Renames the Critical Technologies Institute as the Science Studies Institute. (Sec. 207) Prohibits funds authorized by this Act, or any other Act enacted before the enactment of this Act, from being used for the Next Generation Internet. (Sec. 208) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity, except that the prohibition shall not prevent U.S. officers or employees or of its departments or agencies, from communicating to Members of Congress on the request of any Member, or to the Congress, through the proper channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.) (Sec. 209) Requires that if any funds authorized by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Appropriations Committees, notice of such action shall concurrently be provided to the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation. Directs the NSF Director to provide notice not later than 15 days before any major reorganization of any NSF program, project, or activity. (Sec. 210) Expresses the sense of the Congress that NSF should: (1) give high priority to correcting all two-digit date-related problems in its computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; (2) assess immediately the extent of the risk to NSF operations posed by such problems, and plan and budget for achieving Year 2000 compliance for all its mission-critical systems; and (3) develop contingency plans for those systems that NSF is unable to correct in time.
United States · United States Congress · 10 April 1997
Nuclear Waste Policy Act of 1997 - Revises the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 2000; (3) provide for the transportation of such wastes; and (4) pursue expeditiously the development of each component of the integrated management system. Requires intermodal transfer (rail-to-heavy-haul-truck) of spent nuclear fuel and high-level radioactive waste pending direct rail access to the interim storage facility site. Sets a deadline for the Secretary to develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Provides for heavy-haul transportation route and truck transportation. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Subjects the Secretary's movement of spent nuclear fuel and high-level radioactive waste by heavy-haul transport route to the exclusive regulatory purview of the Secretary of Transportation and the Nuclear Regulatory Commission (NRC). Prescribes transportation planning, package certification, technical assistance, interim storage facility, permanent disposal, land withdrawal, and private storage facility requirements to ensure that the Secretary is able to accept spent nuclear fuel and high-level radioactive waste by January 31, 2000, and transport it to mainline transportation facilities. Instructs the Secretary to: (1) offer Nye County, Nevada an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with Lincoln and Nye Counties concerning the integrated management system. Requires the Secretary to make certain initial land conveyances to Nye County. Authorizes the Secretary to contract with any person holding title to or generating or holding title to spent nuclear fuel or high-level radioactive waste of domestic origin for the acceptance of title, and possession, transportation, interim storage, and disposal. Requires the Secretary to determine the level of an annual fee for electricity generated and sold by each civilian nuclear power reactor. Permits the Secretary to make expenditures from the Nuclear Waste Fund in the event of a shortfall. Delineates budget priorities in the event of such shortfall. Requires the NRC to suspend the license of any licensee who fails or refuses to pay the currently required one-time fee on spent nuclear fuel, or high-level radioactive waste derived from it, and used to generate electricity in a civilian nuclear power reactor before April 7, 1983. Provides that payment of the one-time fee relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Authorizes the NRC to require prior agreement with the Secretary for spent fuel and waste disposal as a precondition to the issuance or renewal of a license. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing spent nuclear fuel and high-level radioactive waste allocable to the interim storage or permanent disposal of spent nuclear fuel, high-level radioactive waste from atomic energy defense activities, and spent nuclear fuel from foreign research reactors; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Grants the Atomic Energy Act of 1954 and this Act preeminence in the event of a conflict or duplication of laws. Precludes this Act from being construed as: (1) constituting either an express or implied Federal reservation of water rights for any purpose arising under it; (2) authorizing the Federal use of eminent domain to acquire water rights; or (3) limiting the exercise of water rights as provided under Nevada State laws. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Prohibits: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. Directs the Secretary to employ, on an on-going basis, integrated performance modeling regarding site characterization.
United States · United States Congress · 10 April 1997
Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
United States · United States Congress · 10 April 1997
Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of "creditable coverage."
United States · United States Congress · 10 April 1997
Fire Administration Authorization Act of 1997 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration. Prohibits funds authorized by this Act from being made available for any activity to influence legislation before the Congress, except that Federal officers or employees may communicate to Members of Congress on requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Requires the Administrator to exclude from consideration for grant agreements made by the Administration after FY 1997 any person who received funds appropriated for a fiscal year after FY 1997 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive merit-based award process. Limits such exclusion to a five-year period after the person receives such Federal funds. Makes an exception for persons who received Federal funds due to membership in a class the members of which are awarded assistance according to a formula provided by law. Requires: (1) the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation to be notified if funds authorized by this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees; and (2) the Administrator to notify all such committees not later than 15 days before any major reorganization of any Administration program, project, or activity. Urges the Administration to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems.
United States · United States Congress · 10 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to affirm publicly as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict this policy.
United States · United States Congress · 20 March 1997
Prohibits the Secretary of the Interior from taking land in trust for the benefit of an Indian or Indian tribe until the affected State and local jurisdictions have entered into a written agreement with the person or tribe regarding State and local sales and excise taxes. Exempts from such provision land taken into trust pursuant to: (1) an Act extending Federal recognition to a tribe; or (2) a judgment or order of a U.S. court.
United States · United States Congress · 20 March 1997
Public Safety Employer-Employee Cooperation Act of 1997 - Provides collective bargaining rights for public safety officers employed by States or local governments. Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees. Specifies related requirements for public safety employers. Requires the Director the Federal Mediation and Conciliation Service (FMCS) to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act. Gives the FMCS the same authority as a State Labor Relations Board (or of the National Labor Relations Board where no such State Board exists) for public safety employers and employees covered by this Act. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such regulations through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. Authorizes appropriations.
United States · United States Congress · 20 March 1997
United States Efficient Currency Act of 1997 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Instructs the Secretary of the Treasury to: (1) place certain authorized one-dollar coins into circulation before the government's current inventory of one-dollar coins bearing the likeness of Susan B. Anthony is depleted; and (2) increase capacity at U.S. Mint facilities to a level that permits replacement of one-dollar Federal reserve notes. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after specified deadlines. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities ordered by the Board of Governors of the Federal Reserve to meet collectors' needs).
United States · United States Congress · 20 March 1997
Prohibits the United States from supporting the admission of China into the World Trade Organization (WTO) unless the Congress passes a joint resolution, according to specified procedures, allowing the United States to support such admission. Directs the President to: (1) notify the Congress if China becomes a member of the WTO without the support of the United States; and (2) submit notice of the withdrawal of the United States from the WTO Agreement. Makes a conforming amendment to the Uruguay Round Agreements Act.
United States · United States Congress · 20 March 1997
Firefighters Pay Fairness Act of 1997 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal fire fighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.
United States · United States Congress · 20 March 1997
Credit Union Membership Access Act - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group.
United States · United States Congress · 20 March 1997
Second Amendment Restoration Act of 1997 - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions on the manufacture, possession, transfer, and use of semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 20 March 1997
Expresses the sense of the Congress that: (1) the United States Trade Representative (USTR) and the Secretary of the Treasury should initiate discussions with Mexican and Canadian Government officials to achieve parity in the duty-free allowance structure (personal allowance for duty-free merchandise purchased abroad by returning residents) of the respective North American Free Trade Agreement (NAFTA) countries; and (2) in the event that parity is not achieved within one year after enactment of this resolution, the USTR and the Secretary should submit recommendations to the Congress on whether legislative changes are necessary to bring the United States duty-free allowance to a lower amount to conform to the allowance levels established by the other NAFTA countries.
United States · United States Congress · 19 March 1997
Microcredit for Self-Reliance Act of 1997 - Authorizes the President to provide through U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria. Authorizes funds allocations. Directs the Administrator of the U.S. Agency for International Development, in order to maximize the sustainable development impact of such assistance, to establish a monitoring system that sets certain performance goals for it. Authorizes appropriations for the U.S. contribution to the International Fund for Agricultural Development (IFAD) only to provide grants to nongovernmental organizations and other private community-based microenterprise institutions serving the poor, especially women. Directs the President to urge other IFAD donor nations to contribute to the microenterprise and microfinance activities of the Fund. Expresses the sense of the Congress that: (1) the Microstart Program established by the United Nations Development Program represents an important new initiative; and (2) the President should instruct the U.S. representative to the United Nations to use the U.S. vote to support the Program.
United States · United States Congress · 19 March 1997
Merchant Mariners Fairness Act of 1997 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army or Naval Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application of a member possessing such qualified service.
United States · United States Congress · 19 March 1997
Constitutional Amendment - Provides that constitutional prohibitions against ex post facto laws shall not prevent the retroactive reduction of credit granted toward a sentence of imprisonment, except for time actually served.
United States · United States Congress · 13 March 1997
Amends the Webb-Kenyon Act and the Liquor Law Repeal and Enforcement Act to allow any State, the District of Columbia, or a U.S. territory or possession to bring an action in U.S. district court to enjoin the shipment or transportation of liquor in violation of such Act, or to enforce their laws with respect to such transportation.
United States · United States Congress · 13 March 1997
Credit Cost Reduction Act of 1997 - Amends the Fair Debt Collection Practices Act to exempt from its coverage communications involving: (1) actions taken pursuant to either Federal or State Rules of Civil Procedure; or (2) a nonjudicial foreclosure. Permits collection activities and communications to continue during the 30-day period following the initial notice of debt by the debt collector to the debtor. Modifies civil liability guidelines with respect to: (1) class action awards; (2) attorney's fees to enforce civil liability; (3) plaintiff's attorney's fees; (4) disallowance of certain fees accruing after refusal of settlement offer; and (5) factors for court consideration in determining the amount of debt collector liability for noncompliance with such Act.
United States · United States Congress · 13 March 1997
Pharmacy Compounding Act - Amends the Federal Food, Drug, and Cosmetic Act to make specified provisions of that Act inapplicable to a drug or device that is compounded by a licensed pharmacist, licensed physician, or other licensed practitioner authorized by State law to prescribe drugs or devices. Declares null and void a proposed rule concerning exceptions to good manufacturing practices for makers of positron emission tomography drug products and a guideline on the manufacture of such products. Prohibits another proposed regulation or guideline on those matters.
United States · United States Congress · 13 March 1997
Fast-Track Fairness and Accountability Act - Authorizes the President to enter into a trade agreement eligible for fast-track consideration only if it requires each country party to the agreement to: (1) adopt laws that afford internationally recognized worker rights to workers and that promote internationally recognized environmental standards in that country; and (2) treat as an actionable unfair trade practice the denial of such rights and standards as a means for such country to gain a competitive trade advantage.
United States · United States Congress · 12 March 1997
Help Equip Local Police Act - Directs the Secretary of Defense to expand current Department of Defense procedures for the procurement by State and local law enforcement agencies of law enforcement equipment suitable for counter-drug activities to include equipment that is not suitable or intended for counter-drug activities, but excluding any equipment that the Department does not procure for its own purposes. Terminates such expanded authority two years after the enactment of this Act, but allows the Secretary to continue to process requests received before such date.
![Official portrait of Rep. Barcia, James A. [D-MI-5]](https://www.congress.gov/img/member/b000134_200.jpg)