United States · United States Congress · 17 April 1997
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 spending levels. 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) Amends the Congressional Budget Act of 1974 (CBA) to make 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. Allows waiver of such prohibition if such bill is required to be approved by a two-thirds majority vote in the House and the Senate. (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 require a budget law to include a major functional category ("rainy day fund") for natural disasters, subject to specified conditions. (Sec. 205) Amends Federal law to require the President to submit: (1) a budget, by the first Monday in February of each year before that in which a fiscal period commences, setting forth on a single page specific budget ceilings in each major functional category; and (2) a detailed budget, on or before the 15th day after a joint resolution on the budget 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 the appropriate House of Congress (or any committee, subcommittee, or conference) an estimate of the costs in each major functional category of each spending bill likely to result in costs of over $10 million, before being voted on by the Senate or the House, or any committee, subcommittee, or conference committee. (Sec. 301) Requires a two-thirds affirmative vote in the House or the Senate (or any committee, subcommittee, or conference committee) to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House or the Senate, or both, 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, by two-thirds vote, 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. 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 in spending in the same functional category. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. (Sec. 309) Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals 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 that budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require 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) Amends Federal law to provide 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. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts and collections as negative budget authority.
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 · 15 April 1997
Working Americans Wage Restoration Act - Amends the Internal Revenue Code to allow a deduction from adjusted gross income for Old Age, Survivors and Disability Insurance (OASDI) employee taxes, unless an individual claims the earned income credit. Raises the deduction for OASDI self-employment taxes. Reduces such deduction by 50 percent for self-employed individuals claiming the earned income credit.
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
TABLE OF CONTENTS: Title I: Relief for All Individuals Title II: Additional Relief for Family-Owned Businesses and Farms Title III: Benefits for Conservation Easements Title IV: Benefits for Historic Preservation Family Business Protection Act of 1997 - Title I: Relief for All Individuals - Amends the Internal Revenue Code to replace the unified credit against the estate tax and the unified credit against the gift tax with a unified exemption amount. Title II: Additional Relief for Family-Owned Businesses and Farms - Excludes from the value of the gross estate of certain decedents specified portions of qualified family-owned business interests. Title III: Benefits for Conservation Easements - Excludes from the gross estate, if the executor elects, the value of land subject to a qualified conservation easement, except for any debt-financed portion. Provides for the treatment of any retained development right. Adds references to such property to provisions controlling the basis of property acquired from a decedent. (Sec. 302) Prohibits treating the transfer by gift of land subject to a qualified conservation easement as a transfer of property by gift for purposes of provisions relating to gift taxes. (Sec. 303) Amends provisions relating to the valuation of certain farm and other real property to prohibit a qualified conservation contribution (as defined in provisions relating to charitable contributions) from being deemed a disposition unless it is subject to a conservation easement. Declares that, if property is otherwise qualified real property, being subject to a conservation easement does not disqualify it. (Sec. 304) Allows a contribution to be treated as exclusively for conservation purposes if the surface estate and mineral interests have been and remain separated (currently, if the surface estate and mineral interests were separated before June 13, 1976, and remain separated) and if the probability of surface mining is so remote as to be negligible. Title IV: Benefits for Historic Preservation - Provides that for purposes of determining the estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property included in the estate.
United States · United States Congress · 10 April 1997
Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 10 April 1997
Real Estate Settlement Procedures Act Class Action Relief Act of 1997 - Amends the Real Estate Settlement Procedures Act of 1974 to provide a moratorium between the date of enactment of this Act and December 31, 1998, on class certification, sanction imposition, or other proceedings with regard to class action lawsuits under such Act.
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 · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 8 April 1997
Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information. Imposes a monetary penalty, imprisonment, or both for violations. (Current law provides for imposition of penalties only for the unlawful disclosure of such information.)
United States · United States Congress · 8 April 1997
Small Business Partnership Protection Act - Provides that the application of provisions of the Internal Revenue Code concerning the definition of net earnings from self-employment of a limited partner shall be determined without regard to any regulation, ruling, or other guidance issued after January 9, 1997.
United States · United States Congress · 8 April 1997
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
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
United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.
United States · United States Congress · 20 March 1997
Amends the Internal Revenue Code to extend permanently the tax credit for expenses of clinical testing of certain drugs for rare diseases or conditions.
United States · United States Congress · 20 March 1997
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the use of ESEA funds to promote teaching or using dialects peculiar to a region or group within the U.S. population. Allows teachers, notwithstanding such prohibition, to: (1) be trained in, use, and teach foreign languages; and (2) communicate in their own modes of speech, if no special effort is made to teach or encourage students to communicate in such modes of speech.
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: Removal of Tax Traps for the Unwary Title II: Conformity with Regulated Investment Company Rules Title III: Other Simplification Real Estate Investment Trust Tax Simplification Act of 1997 - Title I: Removal of Tax Traps for the Unwary - Amends the Internal Revenue Code to impose monetary penalties for the failure of a real estate investment trust (REIT) to comply with regulations regarding ascertaining the actual ownership of the outstanding shares, or certificates of beneficial interest, of the REIT. Requires treating a complying REIT as if it had met a requirement to not be closely held if it does not know, or exercising reasonable diligence would not have known, whether it was closely held. (Sec. 102) Revises the definition of "rents from real property" with regard to impermissible tenant service income and constructive ownership of stock. Title II: Conformity with Regulated Investment Company Rules - Provides for the treatment by shareholders of undistributed capital gains. Title III: Other Simplification - Revises requirements concerning the treatment of earnings and profits with regard to certain distributions. (Sec. 302) Modifies the grace period regarding foreclosure property. Allows one extension (currently, one or more extensions). Allows a REIT to revoke an election to treat property as foreclosure property. Changes requirements concerning termination of the grace period. (Sec. 303) Sets forth special foreclosure rules for health care properties. (Sec. 304) Revises: (1) the treatment of certain interest rate agreements; (2) the formula for determining the amount of excess noncash income; and (3) the circumstances in which a sale of property that is a real estate asset is not a prohibited transaction. (Sec. 307) Provides for the circumstances in which sale of secured property by a REIT will be treated as if the REIT had held the property for at least four years. (Sec. 308) Removes a requirement that, in order to be a qualified REIT subsidiary, the stock of a corporation must have been held by the REIT at all times the corporation was in existence.
United States · United States Congress · 19 March 1997
National Monument Fairness Act of 1997 - Amends Federal law (the Antiquities Act) to require an Act of Congress and prior consultation by the Secretary of the Interior with the Governor of the affected State before presidential establishment of a national monument of more than 5,000 acres.
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 · 13 March 1997
HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt. Expresses the sense of the Congress that with respect to health professionals with HIV disease: (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. Expresses the sense of the Congress that: (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act.
United States · United States Congress · 13 March 1997
Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.
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
Urges: (1) the Supreme Court of Argentina to designate a single investigative judge to conduct the investigation of the March 17, 1992 terrorist bombing of the Israeli embassy; (2) Argentinean judicial authorities to move forward aggressively in the investigation of the July 18, 1994 terrorist bombing of the Asociacion Mutual Israelita Argentina Jewish Community Center; (3) Argentinean authorities to acknowledge publicly the reports submitted by Argentinean, U.S., and Israeli experts which determined that the explosion at the Israeli embassy took place outside the walls of the embassy; and (4) the President and appropriate executive agencies to provide all appropriate assistance which has been or which may be requested to help Argentinean authorities investigate these acts of terrorism.
United States · United States Congress · 12 March 1997
Return Capital To The American People Act - Amends the Internal Revenue Code to provide all taxpayers with a 50 percent capital gains deduction. Allows such deduction in computing adjusted gross income. (Sec. 3) Increases from 50 to 75 percent the exclusion for gain from the sale or exchange of certain qualified small business stock. Reduces from three to five the number of years which such stock must be held in order to be excludable. Makes such exclusion available to corporations. Repeals the minimum tax preference. Doubles the dollar gross asset limits domestic C corporations must not exceed in order to qualify for the exclusion and institues an inflation adjustment. Repeals the per-issuer limitation. Modifies the working capital limitation and the definition of a qualified trade or business. (Sec. 4) Provides for the taxation of the gain from the sale of qualified small business stock, when such gain is used to purchase qualified small business stock, only to the extent that the amount realized from the sale exceeds: (1) the cost of any qualified small business stock purchased within 60 days of the sale; and (2) any portion of such cost previously taken into account. (Sec. 5) Substitutes the indexed basis, based on the "applicable inflation adjustment" (as defined), for the adjusted basis of assets held more than three years for purposes of determining gain or loss on the disposition of: (1) common stock in a C corporation; or (2) tangible property, which is a capital asset or property used in a trade or business. Sets forth special rules: (1) where there is a diminished risk of loss; (2) for short sales; (3) for regulated investment companies and real estate investment trusts; (4) for other pass-through entities; (5) for dispositions between related persons; (6) for transfers to increase the indexing adjustment; (7) for the sale of a principal residence; and (8) to cover other situations. (Sec. 6) Permits a capital loss deduction with repect to the sale or exchange of a principal residence.
United States · United States Congress · 12 March 1997
Defense Jobs and Trade Promotion Act of 1997 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
United States · United States Congress · 12 March 1997
Requires the Capitol Police Board to: (1) designate or establish a flag pole upon which the U.S. flag shall be flown at half-staff for one day whenever a Federal, State, local, or territorial law enforcement officer is slain in the line of duty; (2) post, in close proximity to the flag, public notice of the name, tenure of service, and jurisdiction of the officer being honored; and (3) present such flag to the officer's family.
United States · United States Congress · 11 March 1997
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1997 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 103) Specifies that any individual who has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual meets one of the following conditions: (1) has a blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that the following conditions be met with respect to such individual: (1) the individual submit to the Secretary of Health and Human Services written medical documentation that the individual has an HIV infection; (2) a petition for payment be filed with the Secretary by or on behalf of such individual; and (3) that the Secretary determine that the claim meets the requirements of this Act. (Sec. 105) Specifies that any right under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. (Sec. 106) Prohibits the Secretary from making any payment with respect to any petition filed under this Act unless the petition is filed within three years after the enactment of this Act. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment from being considered income or resources in determining a class member's eligibility for, or the amount of: (1) medical assistance under the Medicaid program; or (2) benefits under the Supplemental Security Income program. Defines the terms: (1) "class member"; and (2) "settlement payment."
United States · United States Congress · 11 March 1997
Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide or pay for any health care item or service or health benefit coverage for the purpose of causing, or assisting to cause, the death of any individual. Sets forth a nonexclusive list of programs, facilities, and personnel to which the prohibition applies, including under Social Security Act titles V (Maternal and Child Health Services), XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services), the Public Health Service Act, the Indian Health Care Improvement Act, and provisions of Federal law relating to Federal employees, the military health care system, veterans medical care, Peace Corps volunteers, and Federal prisoners. Prohibits the use of appropriated funds for: (1) causing or assisting in suicide, euthanasia, or mercy killing; (2) compelling any person or entity to provide or fund any item, benefit, program, or service for such purpose; or (3) asserting or advocating a legal right to cause or assist such actions. Sets forth a nonexclusive list of programs to which the prohibition applies, including under specified provisions of the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, the Rehabilitation Act of 1973, the Older Americans Act of 1965, and the Legal Services Corporation Act. Prohibits the use of appropriated funds for any item or service for the purpose of causing or assisting in the suicide, euthanasia, or mercy killing of any individual. Declares that, for this Act, references to appropriated funds include funds appropriated to the District of Columbia under specified provisions of the District of Columbia Self-Government and Governmental Reorganization Act. Declares that this Act supersedes other Federal laws except to the extent such laws specifically supersede this Act.
United States · United States Congress · 10 March 1997
Medicare Bone Mass Measurement Coverage Standardization Coverage Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for standard national Medicare coverage of bone mass measurements (for early detection of potential osteoporosis).
United States · United States Congress · 6 March 1997
Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to remove the limitations on Federal election campaign contributions after 1998. (Sec. 3) Amends the Internal Revenue Code to terminate: (1) the designation of income tax payments to the Presidential Election Campaign Fund after December 31, 1997; (2) the Presidential Election Campaign Fund after December 31, 1998; and (3) the Presidential Primary Matching Payment Account after December 31, 1998. (Sec. 4) Amends FECA to require the following regarding soft money expenditures of political parties: (1) the disclosure of all funds (soft money) transferred by a political committee of a national political party to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures; and (2) a political committee of a State or local political party required under State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, to file a copy of the report with the Federal Election Commission (Commission) at the time it submits the report to such an entity. (Sec. 5) Revises reporting requirements to provide for mandatory electronic filing of FECA reports. Repeals requirements regarding the candidate's principal campaign committee notifying the Clerk of the House, the Secretary or Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of the candidate. Replaces them with requirements providing for each political committee to notify the Secretary or the Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution received by the committee within 90 days of an election, within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and include the involved candidate's name (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and the contribution amount, in addition to all other reporting requirements. Directs the Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. (Sec. 6) Waives the "best efforts" exception with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as currently required to be provided).
United States · United States Congress · 5 March 1997
Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Removes a restriction on electing the alternative incremental credit.
United States · United States Congress · 5 March 1997
Union Members Right to Know Act of 1997 - Amends the Labor-Management Reporting and Disclosure Act of 1959 to revise requirements for reports by labor organizations to the Secretary of Labor. Requires such reports to include specified information regarding the use of employee dues and fees, including itemization of sums spent on political and other specified activities. Requires labor organizations to provide the employees they represent with complete copies of such annual reports.
United States · United States Congress · 4 March 1997
Volunteer Protection Act of 1997 - Provides limited tort claim liability protection for nonprofit or governmental volunteers acting in good faith and within the scope of their duties. Sets forth discretionary State conditions and exceptions to such liability protection. Increases Social Services Block Grant Program allotments under title XX of the Social Security Act to a State that has adopted a similar measure within a specified time and conditions such increase upon an annual certification that the State law remains in effect.
United States · United States Congress · 27 February 1997
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary finds that commercially viable uses of nominated lands (including lands located within ten miles of them) will not be adversely affected by such inclusion, and publishes that finding; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. (Sec. 3) Authorizes the President to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, including the natural resources associated with the property, and the impact that such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to report annually to specified congressional committees certain information on each World Heritage Site within the United States. (Sec. 4) Prohibits Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on each Biosphere Reserve within the United States. (Sec. 5) Prohibits, under any international agreement (with exceptions under certain wetlands agreements and conventions), the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless specifically authorized by law; (2) State or local government lands unless specifically authorized by State or local law; or (3) privately owned lands without the owner's consent.
United States · United States Congress · 27 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 27 February 1997
Amends Federal law to state that compensation paid by the United States for personal services as a U.S. employee at a U.S.-owned Columbia River hydroelectric facility, portions of which are within Oregon and Washington, shall be subject to taxation by Oregon or any political subdivision of that State only if such employee is an Oregon and subdivision resident.
United States · United States Congress · 27 February 1997
Amends the Higher Education Act of 1965 to provide that any period during which a student was called or ordered to active duty in a reserve component of the armed forces shall not be included in determining the six-month grace period (after the student ceases to carry at least a half-time academic load) before repayment of a student loan must begin.
United States · United States Congress · 26 February 1997
Filipino Veterans Equity Act of 1995 (sic) - Amends Federal veterans' benefits provisions to include certain service in the organized military forces of the Philippines and service as Philippine Scouts within the definition of active U.S. military service for purposes of eligibility for various veterans' benefits for former active-duty military personnel.
United States · United States Congress · 13 February 1997
Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for operations, maintenance, and construction within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition.
United States · United States Congress · 13 February 1997
Fairness in Musical Licensing Act of 1997 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless: (1) an admission fee is charged to see or hear the transmission at a particular time or on a particular date or dates; or (2) the transmission is not properly licensed. Applies the infringement exemption for the performance of a nondramatic musical work at an annual agricultural or horticultural fair or exhibition to such performance at agricultural or horticultural fairs, exhibitions, conventions, meetings, and events. Excludes as a copyright infringement the performance of a nondramatic musical work: (1) by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance; and (2) at an organized children's camp if the children in attendance sing, dance, or participate in all or a portion of such work, or when the performance is of an instructional nature. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming period license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. Sets forth provisions regarding prices of such licenses. Authorizes radio broadcasters entitled to a per programming period license to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
United States · United States Congress · 13 February 1997
Truth in Employment Act of 1997 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.
United States · United States Congress · 12 February 1997
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 12 February 1997
Amends the Internal Revenue Code to exempt certain small businesses from the required use of the electronic fund transfer system for depository taxes. Revises specified deposit phase-in provisions.
United States · United States Congress · 12 February 1997
Officer Brian Gibson District of Columbia Police Protection Act - Amends the Federal criminal code to establish penalties, including the death penalty, for the killing or attempted killing of a law enforcement officer of the District of Columbia. Includes among aggravating circumstances for imposition of the death penalty that the defendant committed the offense against the officer: (1) while the officer was engaged in the performance of official duties; (2) because of the officer's performance of official duties; or (3) because of such officer's status as a public servant.
United States · United States Congress · 12 February 1997
Investment Competitiveness Act of 1997 - Amends the Internal Revenue Code to exempt interest-related dividends and short-term capital gain dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with a U.S. business, subject to exception. Revises provisions concerning: (1) the estate tax treatment of stock in certain regulated investment companies owned by a nonresident; and (2) the distribution of U.S. property by a qualified investment entity (currently, a real estate investment trust).
United States · United States Congress · 12 February 1997
Senior Citizens' Tax Fairness Act - Amends the Internal Revenue Code to provide for the phaseout and repeal of the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993.
![Official portrait of Rep. Dunn, Jennifer [R-WA-8]](https://www.congress.gov/img/member/d000549_200.jpg)