United States · United States Congress · 9 January 1997
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Savings and Investment Incentive Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code, with respect to the deduction for individual retirement accounts (IRAs), to increase the income limits applicable to active participants. Removes limitations on a spouse's participation. (Sec. 102) Provides an inflation adjustment for the deductible amount. (Sec. 103) Revises provisions concerning the allowance of certain coins and bullion as IRA investments. Subtitle B: Nondeductible Tax-Free IRAs - Permits individuals to establish IRA Plus accounts which shall be treated similarly to an IRA plan. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including the exclusion of qualified distributions from gross income). Title II: Penalty-Free Distributions - Permits distributions without penalty for qualified: (1) first home purchases; (2) higher education expenses; and (3) unemployed individuals.
United States · United States Congress · 9 January 1997
Antitrust Health Care Advancement Act of 1997 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange among health care providers of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service soley for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
United States · United States Congress · 9 January 1997
Intellectual Property Antitrust Protection Act of 1997 - Provides that in any action in which the conduct of an owner, licensor, licensee, or other holder of an intellectual property right is alleged to be in violation of the antitrust laws in connection with the marketing or distribution of a protected product or service, such right shall not be presumed to define a market, to establish market power, or to establish monopoly power.
United States · United States Congress · 9 January 1997
Expresses the sense of the Congress with respect to the significance of maintaining the health and stability of coral reef ecosystems by: (1) promoting comprehensive stewardship for coral reef ecosystems; (2) encouraging research and education on such ecosystems; and (3) improving the coordination of coral reef activities which take place within Federal agencies, academic institutions, nongovernmental organizations, and industry.
United States · United States Congress · 7 January 1997
Homeowners' Insurance Availability Act of 1997 - Directs the Secretary of the Treasury to carry out a program under this Act to make reinsurance coverage available to eligible State insurance programs. Requires that such program shall be designed to improve the availability of homeowners' insurance for the purpose of facilitating the pooling, and spreading the risk, of catastrophic financial losses from natural disasters and to improve the solvency of homeowners' insurance markets. Directs the Secretary to offer reinsurance coverage through contracts with eligible purchasers which shall: (1) provide coverage based solely on insurance industry losses within the State of the eligible purchaser purchasing the contract; (2) not interfere in private markets; and (3) minimize the administrative costs of the Federal Government. (Sec. 4) Makes the following entities qualified to purchase contracts for reinsurance coverage made available under this Act: (1) State insurance programs; and (2) State reinsurance programs. (Sec. 5) Sets forth: (1) qualified lines of coverage; (2) covered perils; and (3) terms and conditions of the reinsurance contracts. (Sec. 9) Establishes, within the Treasury, the Disaster Reinsurance Fund. Specifies: (1) the amounts with which the Fund shall be credited; and (2) the uses of the amounts in the Fund. (Sec. 10) Directs the Secretary to establish the National Commission on Catastrophe Risks and Insurance Loss Costs. Requires the Commission to meet for the sole purpose of advising the Secretary regarding the estimated loss costs associated with the reinsurance contracts. Authorizes appropriations. Provides for an offset amount to be obtained from purchasers of reinsurance coverage and deposited in the Fund. (Sec. 11) Mandates a specified report by the Secretary to the Congress.
United States · United States Congress · 7 January 1997
Amends the Immigration and Nationality Act to authorize four-year nonimmigrant visitor visas for an alien who: (1) is at least 55 years old; (2) is a citizen of Canada or a citizen of certain (visa) pilot program countries; (3) owns, or whose spouse owns, a U.S. residence; and (4) has health coverage. Prohibits such an alien from working in the United States or receiving public benefits.
United States · United States Congress · 7 January 1997
Homeowners Relief Act of 1997 - Amends the Internal Revenue Code to exclude gain from the sale or exchange of a principal residence by an individual from gross income if, during the seven-year period ending before the sale or exchange, such residence has been owned and used by the taxpayer as the taxpayer's principal residence for periods aggregating five years or more. (Currently, the exclusion has a dollar limitation, is applicable to only one sale, and is available only to an individual who has attained the age of 55 and has used the property as a principal residence for three of the five years preceding the sale.)
United States · United States Congress · 7 January 1997
Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
United States · United States Congress · 7 January 1997
Directs the Commissioner of Social Security to improve the social security card for purposes of carrying out illegal alien employment provisions under the Immigration and Nationality Act. Amends Federal law to provide criminal penalties for fraud and related activities concerning work authorization documents.
United States · United States Congress · 7 January 1997
Veterans Employment Opportunities Act of 1997 - Provides that a veterans' preference eligible (PE) or an individual who has been separated from military service under honorable conditions after three or more years of active duty shall not be denied the opportunity to compete for a vacant position within a Federal agency, either in the competitive or excepted service, by reason of: (1) not having acquired competitive status; or (2) not being an employee of such agency. Requires each agency to notify the Office of Personnel Management (OPM) and U.S. employment offices of each vacant position for which competition is restricted to employees or individuals having competitive service. Requires OPM, at least every two years, to submit to the Congress and the President a report detailing for the prior period the number of such vacant positions in the Federal Government and the number of PE or separated individuals hired for such positions. Directs OPM to establish and keep current a comprehensive list of all announcements of vacant positions within each agency for which competition is so restricted. Applies such PE requirements to the Postal Service, with exceptions for certain collective bargaining positions. Prohibits, during a Federal reduction in force (RIF), a position occupied by a PE from being placed in a single-position competitive level if the PE is qualified to perform the essential functions of any other position at the same grade in the competitive area (defined as being able to perform such functions within 150 days). Entitles a PE whose current or latest performance rating is at least fully successful to be assigned during a RIF to any position for which he or she is qualified that is within: (1) the PE's commuting area and is currently occupied by an individual placed in such position within six months before the RIF; or (2) the PE's competitive area that is not more than three grades below the position from which the PE was released (with an exception). Authorizes a PE to challenge the classification of any position to which the PE asserts assignment rights in an action before the Merit Systems Protection Board. Requires each agency to establish an agency-wide priority placement program to facilitate employment placement for PEs who are scheduled to be or who are separated from service due to a RIF and who have received a rating of at least fully successful at their last performance evaluation or who occupy positions excluded from a performance appraisal system. Authorizes the use of nearby commuting areas in order to provide reemployment to such individuals when there are no alternative positions within his or her most local commuting area. Allows an individual to designate a different local commuting area if there are no alternative positions within the most local area. Requires an agency to place qualified present and former employees in retention order by PE subgroup and tenure group. Makes an individual eligible for reemployment for two years after a RIF. Provides conditions under which an individual loses eligibility for such reemployment. Provides administrative and judicial redress and remedies for any PE or other individual who alleges that an agency has violated such individual's veterans' preference or related rights. Extends the veterans' preference to: (1) employment within the General Accounting Office; (2) appointments made to the Office of the President (with an exception when the President certifies that the position is a confidential, policy-making, or political position); and (3) appointments to the legislative branch (with specified exclusions). Establishes administrative remedies and procedures for PE and separated individuals with respect to appointments within the legislative or judicial branches of the Federal Government. Extends the veterans' preference to RIFs in the Federal Aviation Administration. Includes among PE veterans those who served during a military operation in a qualified hazardous duty area under requirements prescribed by the Secretary of Defense. Prohibits any employee authorized to take personnel actions from knowingly taking, or failing to take, any personnel action if taking or failing to take such action would violate a PE requirement. Repeals inconsistent prior Federal law.
United States · United States Congress · 7 January 1997
Small Business-Family Farm and Investment Fairness Act of 1997 - Amends the Internal Revenue Code to: (1) phaseout the capital gains tax for individuals; (2) phasedown the capital gains rate for corporations; (3) increase the unified estate and gift tax credit; and (5) increase the maximum benefit under the special estate tax valuation rules for certain real and farm property.
United States · United States Congress · 7 January 1997
TABLE OF CONTENTS: Title I: Natural Disaster Insurance Title II: Multihazard Mitigation Program Natural Disaster Protection and Insurance Act of 1997 - Title I: Natural Disaster Insurance - Directs the Secretary of the Treasury (the Secretary) to establish within the Department of the Treasury a National Commission on Catastrophe Risk and Insurance Loss Costs to estimate loss costs from catastrophic natural disasters. Instructs the Commission to: (1) make an initial estimate of catastrophe loss costs (updated at least every three years); (2) file catastrophe loss costs estimates at least every three years; (3) conduct special studies of catastrophe insurance issues in order to develop estimates of catastrophe loss costs, including the investigation of specified issues according to certain procedural guidelines. (Sec. 101) Permits a private insurer to elect to cite the Commission's final catastrophe loss cost estimates in its rate filings to a State department of insurance. Instructs the Secretary to consider catastrophe loss cost estimates when developing reserve prices for Federal excess-of-loss reinsurance contracts. Requires State insurance pools that provide direct insurance, in order to be eligible to purchase Federal excess-of-loss reinsurance contracts, to consider, when developing property coverage rates, such estimates as the minimum loss costs to be filed with State department of insurance. Prescribes guidelines under which the Commission may review and certify private commercial natural disaster hazard models intended to be used to make estimates of catastrophe loss costs. Authorizes appropriations. Expresses the intent of the Congress that: (1) this Act relates specifically to the business of insurance; and (2) specified activities prescribed by this Act and applicable to such business shall be regulated by State law. (Sec. 102) Directs the Secretary to implement a program to auction Federal excess-of-loss reinsurance contracts to eligible purchasers in order to increase the capacity of insurance coverage against specified catastrophic natural disasters. Establishes the Federal Excess-of-Loss Reinsurance Fund within the Treasury to make payments on claims and for: (1) the operation of the National Commission on Catastrophe Risk and Insurance Loss Costs; (2) the anticipated Federal contribution to the Natural Disaster Hazard Mitigation Fund (established by this Act); and (3) administrative expenses. (Sec. 103) Prescribes eligibility qualifications for a licensed private corporation providing excess reinsurance for catastrophic natural disasters, which shall not be subject to antitrust liability. (Sec. 104) Directs the Comptroller General to conduct a joint study with the Secretary of the Treasury and the Secretary of Commerce evaluating specified public policy issues associated with conferring favorable Federal tax treatment to insurance reserves set aside by private insurers for future catastrophic natural disasters. (Sec. 105) Requires the Director of the Federal Emergency Management Agency (FEMA) to enter into an arrangement with the National Academy of Sciences to study and report to the Congress on the national flood insurance program operated under the National Flood Insurance Act of 1968. (Sec. 106) Requires each State department of insurance to take into account natural disaster hazard mitigation measures in setting rates and deductibles for property insurance. (Sec. 107) Requires the FEMA Director and the Secretaries of Treasury and of Commerce to study jointly, evaluate, and report to the Congress on the availability and affordability of catastrophe insurance for natural hazards to private enterprises and State and local governments. Title II: Multihazard Mitigation Program - Prescribes guidelines and a deadline for the development of State-wide strategic mitigation plans to reduce the hazards of future natural disasters. Denies non-compliant States eligibility to receive funds from the Natural Disaster Hazard Mitigation Fund. (Sec. 202) Establishes the Natural Disaster Hazard Mitigation Fund. (Sec. 203) Directs the Comptroller General to identify all Federal programs providing assistance for public facilities and lifelines, and determine those which include or could include as an eligible use of Federal assistance the retrofitting or strengthening of public facilities and lifelines to minimize damage from future natural disasters. (Sec. 204) Directs the Secretaries of Agriculture and of the Interior to enter into an agreement with the interagency National Wildfire Coordinating Group to study and report to the Congress on the threat posed by wildfires. (Sec. 205) Authorizes appropriations.
United States · United States Congress · 7 January 1997
Florida Wetlands Mitigation Banking Study Act of 1997 - Directs the Secretary of the Army to study and report to specified congressional committees and the President on the potential and problems of mitigation banking in Florida.
United States · United States Congress · 7 January 1997
Prohibits the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in such Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.
United States · United States Congress · 7 January 1997
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.
United States · United States Congress · 7 January 1997
Inspector General for Medicare and Medicaid Act of 1997 - Establishes an independent executive branch Office of the Inspector General for the Medicare and Medicaid Programs to supervise, oversee, and audit the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act. Amends the Inspector General Act of 1978 with regard to such office, among other things extending its duties to the prevention and detection of waste, fraud, and abuse under such programs. Authorizes appropriations.
United States · United States Congress · 7 January 1997
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to allow penalty-free (and exclude from income if repaid) distributions from an individual retirement account (IRA) for first home purchases, higher education expenses, qualified long-term care expenses, and qualified unemployment distributions. Increases deductible IRA contribution amounts, and provides for inflation indexing. Eliminates the phase-out for individuals who are not active participants in defined contribution plans, and increases applicable dollar amounts for taxpayers other than those married filing separately. Increases 401(k) plan contribution limits. Establishes an alternative method for satisfying nondiscrimination requirements. Excludes inherited IRAs and certain 401(k) plans from a decedent's gross estate. Allows a designated beneficiary of an inherited IRA to hold such IRA free of immediate distribution provisions. Allows inherited 401(k) amounts as nondeductible contributions to a beneficiary's IRA, and excludes such amounts from income if so contributed.
United States · United States Congress · 7 January 1997
Private Security Officer Quality Assurance Act of 1997 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Expresses the sense of the Congress that States should participate in the background check system established under this Act.
United States · United States Congress · 7 January 1997
Capital Gains Tax Reduction Act of 1997 - Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for both individuals and corporations. Provides for the indexing of assets for determining gain or loss.
United States · United States Congress · 7 January 1997
TABLE OF CONTENTS: Title I: Strengthening the Federal Juvenile Justice System Title II: Armed Violent Youth Apprehension Directive Title III: Accountability for Juvenile Offenders and Public Protection Incentive Grants Juvenile Crime Control Act of 1997 - Title I: Strengthening the Federal Juvenile Justice System - Revises provisions of the Federal criminal code regarding delinquency proceedings in district courts and transfer for criminal prosecution to require that a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency be surrendered to State authorities or be proceeded against in Federal court as a juvenile or tried as an adult, with exceptions. Repeals the prohibition against proceeding against a juvenile in Federal court unless the Attorney General certifies that the State does not have available programs and services adequate for the needs of juveniles or the offense charged is a felony crime of violence or a specified drug offense. Requires that a juvenile be prosecuted as an adult if the juvenile: (1) has requested in writing upon advice of counsel to be prosecuted as an adult; or (2) is alleged to have committed an act after attaining age 14 (current law refers to a juvenile 15 years and older alleged to have committed the act after his fifteenth birthday) which if committed by an adult would be a serious violent felony or a specified drug offense. Makes this provision inapplicable if the Attorney General certifies to the appropriate U.S. district court that the interests of public safety are best served by proceeding against the juvenile as a juvenile. Makes certain determinations to approve or not to approve, or to institute or not to institute, a prosecution of a juvenile as an adult non-reviewable in any court. Permits the juvenile in such prosecutions to be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and to be convicted of a lesser included offense. (Sec. 102) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate). (Sec. 104) Replaces a requirement that detention be in a foster home or community based facility located in or near the juvenile's home community with a preference given to a place located within, or within a reasonable distance of, the district in which the juvenile is being prosecuted. Requires that every juvenile detained prior to sentencing be provided with reasonable safety and security. (Sec. 105) Requires that a juvenile proceeded against for allegedly committing an offense against the United States or an act of juvenile delinquency be brought to trial within 45 days from the date such detention began or the information be dismissed on motion of the alleged delinquent or at the court's direction, with exceptions. (Sec. 106) Modifies requirements regarding dispositional hearings. Directs the court, if it finds such juvenile to be a juvenile delinquent, to hold a hearing concerning the appropriate disposition of the juvenile within 40 (currently, 20) court days, unless the court has ordered further study. Requires that a predisposition report be prepared by the probation officer who shall promptly provide a copy to the juvenile, the juvenile's counsel, and the attorney for the Government. Specifies that victim impact information shall be included in the report and victims, or (as appropriate) their official representatives, shall be provided the opportunity to make a statement to the court in person or present any information in relation to the disposition. Directs the court, after the dispositional hearing, to impose an appropriate sanction, including the ordering of restitution. Limits the term for which: (1) probation may be ordered for a juvenile found to be a juvenile delinquent to five years for a felony or a misdemeanor, and one year for an infraction; (2) official detention may be ordered for such juvenile to the lesser of the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, ten years, or the date when the juvenile becomes 26 years old; and (3) supervised release may be ordered for such juvenile to five years. Directs the United States Sentencing Commission to develop a list of possible sanctions for juveniles adjudicated delinquent, which shall be comprehensive and encompass punishments of varying levels of severity, including mandatory confinement for juveniles who have been adjudicated delinquent in Federal or State court on more than two occasions. (Sec. 107) Modifies provisions regarding juvenile records. Requires the court to keep a record relating to the arrest and adjudication of a juvenile alleged to have committed an offense against the United States or an act of juvenile delinquency throughout and upon completion of the juvenile delinquency proceeding that is equivalent to the record that would be kept of an adult arrest and conviction for such an offense and retained for a period equal to that for which adult conviction records are kept. Directs that such records be made available for official purposes. Requires the Attorney General to establish guidelines for fingerprinting and photographing a juvenile who is the subject of any such proceeding. Directs that fingerprints and photographs of a juvenile who is prosecuted as an adult be made available in the manner applicable to adult offenders. Sets forth provisions regarding the reporting, retention, disclosure, or availability of records or information where such activities are authorized or required in the law of the State in which a Federal juvenile delinquency proceeding takes place. (Sec. 108) Modifies provisions regarding commitment of a juvenile to prohibit the Attorney General from causing any such juvenile under age 19 adjudicated delinquent to be placed or retained in an adult jail or correctional facility in which the juvenile has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges (as under current law), except for placement in a community-based facility. Directs that every adjudicated delinquent who has been committed be provided with reasonable safety and security. (Sec. 110) Makes any act of juvenile delinquency that if committed by an adult would be a serious drug offense a predicate offense under the Armed Career Criminal Act. Title II: Armed Violent Youth Apprehension Directive - Directs the Attorney General to establish an armed violent youth apprehension program under which: (1) each U.S. attorney shall designate at least one assistant U.S. attorney to prosecuted armed violent youth and establish an armed youth criminal apprehension task force; (2) at least bimonthly, the Attorney General shall require each U.S. attorney to report to the Department of Justice the number of youths charged with, or convicted of, violating specified Federal firearms-related prohibitions, in the district for which the U.S. attorney is appointed and the number of youths referred to a State for prosecution for similar offenses; and (3) at least biannually, the Attorney General shall submit to the Congress a compilation of such information and a report of all waivers granted. Sets forth waiver authority and sunset provisions. Title III: Accountability for Juvenile Offenders and Public Protection Incentive Grants - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to replace provisions regarding grants to develop alternative methods of punishment for young offenders with provisions authorizing grants for purposes of building, expanding, or operating temporary or permanent juvenile correction or detention facilities or for developing and administering accountability-based sanctions for juvenile offenders. Sets forth eligibility requirements, including that a State have in effect laws, policies, or programs which authorize prosecution as an adult of a juvenile who commits an act after attaining age 14 that would be a serious violent crime if committed by an adult, establish graduated sanctions for juvenile offenders, and meet specified recordkeeping requirements. (Sec. 303) Authorizes appropriations under such Act for FY 1998 through 2000.
United States · United States Congress · 7 January 1997
Working Families Flexibility Act of 1997 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to a collective bargaining agreement with employee representatives, or, where there is no recognized labor organization, pursuant to an agreement with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue. Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.
United States · United States Congress · 7 January 1997
Deficit Reduction Lock-box Act of 1997 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to maintain a Deficit Reduction Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the CBO Director, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. Requires a running tally to be available to Members of the House of Representatives, during the consideration of any appropriations bill by the House, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. Requires the Director of the Congressional Budget Office to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. Requires the downward adjustment of discretionary spending limits by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year.
United States · United States Congress · 7 January 1997
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 7 January 1997
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 7 January 1997
Health Care Commitment Act - Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which a covered CHAMPUS beneficiary who is also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in addition to receiving care through a military treatment facility, CHAMPUS, or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the administering Secretaries and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year. Requires the Secretary of Defense to begin to offer the health benefits option described under this Act no later than January 1, 1998.
United States · United States Congress · 7 January 1997
Military Retirement Equity Act of 1997 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 7 January 1997
Drug Importer Death Penalty Act of 1997 - Amends the Controlled Substances Import and Export Act to direct the court to sentence a person convicted of bringing into the United States a proscribed quantity of a mixture or substance containing a controlled substance in an amount the Attorney General has determined is equal to 100 usual dosage amounts to life imprisonment without possibility of release (or, if the defendant has violated such provision on more than one occasion and if certain requirements under the Federal criminal code are met, to death). Makes conforming amendments to the code.
United States · United States Congress · 7 January 1997
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
United States · United States Congress · 7 January 1997
Medicare Patient Choice and Access Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) assure Medicare enrollees timely access to in-network primary and specialty health care providers and, under certain conditions, out-of-network providers as well; (2) establish a grievance process for resolving grievances between them and their enrollees; and (3) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization. Prohibits provider incentive plans that fail to meet specified criteria. Bans interference with certain medical communications. Applies the same requirements to Medicare select policies.
United States · United States Congress · 7 January 1997
Amends Federal law to exclude the Civil Service Retirement and Disability Fund from the Federal and congressional budgets, and exempt it from any general budget limitation imposed by statute on U.S. budget outlays and from certain orders issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 7 January 1997
Employee Educational Assistance Act of 1997 - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to provide an inflation adjustment for the limitation on the aggregate reduction in the fair market value of qualified real property under the special estate tax valuation rules for certain farm property.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) six times to the House ineligible for election to the House. Bars any person who has served as a: (1) Senator for more than three years of a term to which some other person was elected from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than one year from being subsequently eligible for election to the House more than five times. Excludes election or service occurring before this article becomes operative when determining eligibility.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 28 September 1996
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.
United States · United States Congress · 25 September 1996
Drug Importer Death Penalty Act of 1996 - Amends the Controlled Substances Import and Export Act to direct the court to sentence a person convicted of bringing into the United States a proscribed quantity of a mixture or substance containing a controlled substance in an amount the Attorney General has determined is equal to 100 usual dosage amounts to life imprisonment without possibility of release (or, if the defendant has violated such provision on more than one occasion and if certain requirements under the Federal criminal code are met, to death). Makes conforming amendments to the code.
United States · United States Congress · 24 September 1996
Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.
United States · United States Congress · 24 September 1996
Family Caregiver Information Act - Requires the Secretary of Commerce to ensure that, as part of the decennial census of population taken in the year 2000, specified information shall be compiled relating to the subject of family caregivers. Defines "family caregiver" as an individual who regularly assists a care recipient (to whom the caregiver is related) in carrying out two or more activities of daily living.
United States · United States Congress · 18 September 1996
Repeals the Goals 2000: Educate America Act. Directs the Secretary of Education to: (1) reserve specified funds for payments to outlying areas and payments to the Secretary of the Interior for Indian tribes (including Alaska Native villages or regional corporations); and (2) allot the remainder among States according to a formula based on relative amounts received under specified provisions of the Elementary and Secondary Education Act of 1965. Requires State educational agencies to distribute such allotments as grants to local educational agencies on the basis of relative school-age population. Limits the use of funds received under this Act to educational purposes only. Authorizes appropriations.
United States · United States Congress · 2 August 1996
Congressional Pension Forfeiture Act of 1996 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of a felony committed while a Member during the 105th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employee's Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
United States · United States Congress · 2 August 1996
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 2 August 1996
Antiterrorism Law Enforcement Enhancement Act of 1996 - Modifies wiretapping provisions under the Federal criminal code to make certain requirements to obtain an order authorizing the interception of a wire, oral, or electronic communication inapplicable where: (1) the applicant shows that the subject had the intent to thwart interception or that the subject's actions and conduct would have the effect of thwarting interception from a specified facility; and (2) the judge finds that such showing has been adequately made. Grants authority for the use of: (1) emergency wiretaps in cases involving an act of terrorism; and (2) pen registers and trap and trace devices in foreign counterintelligence investigations. Adds specified terrorist offenses as predicates under the Racketeer Influenced and Corrupt Organizations Act. Authorizes interceptions with respect to specified terrorism-related offenses, such as violations relating to the murder of foreign officials or providing material support to terrorists. Modifies wiretap provisions to provide that, whenever an order authorizing an interception is entered, the order shall require the attorney for the Government to file a report with the judge who issued the order showing what progress has been made toward achieving the authorized objective and the need for continued interception. Requires such report to be made 15 days after the interception has begun. Revises the Antiterrorism Act of 1996 to make an exception to the sovereign immunity of a foreign state if certain conditions are met or if neither the claimant nor the victims were U.S. nationals when the act upon which the claim is based occurred. Makes technical corrections to the Antiterrorism and Effective Death Penalty Act of 1996.
![Official portrait of Rep. Canady, Charles T. [R-FL-12]](https://www.congress.gov/img/member/c000107_200.jpg)