United States · United States Congress · 6 March 1997
Workplace Fairness Act of 1997 - Prohibits employment discrimination on any basis other than job performance by covered entities, including entities covered under specified employment discrimination prohibitions of the Civil Rights Act of 1964, as well as employing authorities to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Grants specified powers to administer and enforce this Act to the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of the Office of Compliance (for the Congress), the Attorney General, and Federal courts. Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including: (1) ability and willingness to comply with performance requirements (including attendance and procedures); (2) any use of a drug or of alcohol that may adversely affect job performance; (3) any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed; and (4) the ability to work well with others.
United States · United States Congress · 6 March 1997
Amends the Internal Revenue Code to permit the expensing (of up to $500,000) and amortization (of the remaining amount over a 60-month period) of qualified environmental remediation expenses.
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
Amends the Internal Revenue Code to eliminate the requirement that States pay unemployment compensation on the basis of services performed by election officials or workers if remuneration for a calendar year is expected to be less than $1,000.
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
Increases the salaries of the Chief Justice and associate Supreme Court justices of the United States and the judges of the United States courts of appeals, the United States district courts, and the United States Court of International Trade by 9.6 percent. Requires future adjustments in judicial salaries to equal the percentage by which General Schedule pay rates are adjusted (currently, the percentage change in the Employment Cost Index).
United States · United States Congress · 25 February 1997
Access to Emergency Medical Services Act of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to require any group health plan which provides emergency health services to cover emergency services furnished to a plan participant: (1) without need for any prior authorization; (2) subject to stated exceptions, whether or not the physician or provider is plan participant; and (3) subject to stated exceptions, without regard to any other term or condition of the plan. Defines "emergency medical services" and related terms. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for the provision of the same benefits to Medicare and Medicaid plan participants. Provides for the establishment of guidelines by the appropriate Secretaries in order carry out the provisions of this Act. Directs the Secretaries to jointly establish an advisory panel to assist in the development of such guidelines.
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
Citizen's Fair Hearing Act of 1996 (sic) - Amends the Endangered Species Act of 1973 to provide that any person who satisfies the requirements of the Constitution and demonstrates having suffered or being threatened with economic or other injury resulting from a violation of such Act or a failure of the Secretary of Commerce to act in accordance with it shall be deemed to be within the zone of protected interests of such Act and shall have standing to commence a civil suit on his or her own behalf.
United States · United States Congress · 13 February 1997
Hong Kong Reversion Act - Directs the President to consider the performance of the Hong Kong Government and the actions of the Chinese Government when determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China as required under the United States-Hong Kong Policy Act of 1992. Directs the Secretary of State to include in each annual report to the Congress on conditions in Hong Kong, among other things, assessments of: (1) Hong Kong's or China's cooperation in securing certain agreements with the United States; and (2) the autonomy of Hong Kong and its customs territory. Authorizes extension of the International Organizations Immunities Act to the Hong Kong Economic and Trade Offices (Hong Kong's official economic and trade missions in the United States) in the same manner as such Act may be extended to a public international organization in which the United States participates pursuant to any treaty or Act of the Congress. Authorizes the President to apply to such Offices certain provisions of the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations.
United States · United States Congress · 13 February 1997
Directs the Speaker and the minority leader of the House to appoint 20 independent factfinders at the beginning of each Congress (within 30 calendar days after the adoption of this resolution for the 105th Congress) to carry out investigations on behalf of the House as required by the Committee on Standards of Official Conduct. Disqualifies any lobbyist required to register with the Clerk of the House or the Secretary of the Senate under the Federal Regulation of Lobbying Act. Requires such Committee to adopt specified rules relating to the use of independent factfinders in lieu of a four or six-member investigative subcommittee.
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
Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. (Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. (Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.
United States · United States Congress · 12 February 1997
Constitutional Amendment - Requires the President to transmit to the Congress, before each fiscal year, a proposed statement of receipts and outlays for such fiscal year in which outlays (except those for repayment of debt principal) are not greater than receipts (except those derived from borrowing)(a proposed balanced budget). Requires the Congress to adopt, by law, a statement of receipts and outlays for such fiscal year in which outlays are not greater than receipts (a balanced budget). Authorizes the Congress to amend, by law, that balanced budget, provided revised outlays are not greater than revised receipts. Authorizes the Congress to provide in balanced budget for a specific excess of outlays over receipts by a vote directed solely to that subject in which two-thirds of the whole number of each House agree to such excess. Requires the Congress and the President to ensure that actual outlays do not exceed the outlays set forth in such balanced budget. Prohibits any increase in the limit on the debt of the United States, unless two-thirds roll call vote of each House provides by law for such an increase. Requires any bill that increases the internal revenue (except by a de minimis amount) to receive for final adoption the concurrence of two-thirds of each House. Permits the Congress to waive the requirements of this article when: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of each House, which becomes law. Makes any increase in the internal revenue enacted under such a waiver effective for only two years. Makes the internal revenue provisions of this Article effective upon ratification, and the remaining provisions effective on the later of FY 2002 or the second fiscal year beginning after ratification.
United States · United States Congress · 11 February 1997
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act.
United States · United States Congress · 11 February 1997
National Parks Capital Improvements Act of 1997 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fundraising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge. Exempts the United States from liability for such bonds unless the surcharge is not imposed for any reason or if it is reduced or eliminated in which case the full faith and credit of the United States is pledged to bond payment. Authorizes the Secretary to permit the Superintendent of the park to charge and collect, in addition to the entrance fee, a surcharge of not to exceed two dollars. Requires: (1) the surcharge to be used by the organization to amortize the bond issue, to provide for the reasonable costs of administration, and to maintain a sufficient reserve consistent with industry standards; and (2) any excess funds to be remitted to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units. Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park; and (2) the general management plan for the park. Prohibits bond proceeds (other than interest earned on them) from being used to defray administrative expenses. Allows the interest to be used by the organization to meet reserve requirements and defray administrative expenses incurred in connection with the management and sale of the bonds. Requires the interest not used for such purposes to be remitted to the NPF for the benefit of all NPS units.
United States · United States Congress · 6 February 1997
Amends the Internal Revenue Code to place the burden of proving the accuracy of determinations forming a basis for certain deficiencies on the Secretary of the Treasury.
United States · United States Congress · 5 February 1997
Requires the House of Representatives to participate in State and local government transit programs to encourage House employees to use public transportation. Directs the Committee on House Oversight to issue appropriate regulations.
United States · United States Congress · 4 February 1997
Amends the Internal Revenue Code to prohibit, if an individual receives a frequent flier benefit as a result of the purchase in a trade or business of property or services: (1) including any amount in such individual's gross income as a result of receiving such benefit; (2) any deduction otherwise allowable for the purchase of such property or services from being reduced by reason of such benefit; and (3) any deduction allowable for the portion of any transportation purchase using such a benefit.
United States · United States Congress · 21 January 1997
Requires the establishment of a budget reserve account to provide for funding in the event of natural disasters and national security emergencies. Amends the Congressional Budget Act of 1974 to include such funding in the budget process. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal provisions relating to emergency appropriations. Requires annual reports to the Congress on expenditures from such account.
United States · United States Congress · 21 January 1997
Medicare Provider-Sponsored Organization Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to give Medicare beneficiaries the option of receiving Medicare coverage through enrollment with provider-sponsored organizations (PSOs) organized and licensed under State law, and certified as meeting certain Federal standards. Requires a PSO to: (1) deliver a spectrum of health care services (including basic hospital and physicians services) to enrolled purchasers; and (2) provide a substantial proportion of the health care items and services under its Medicare contract through the provider or affiliated group of providers composing the organization. (Sec. 2) Provides for direct Federal Medicare certification as a qualified PSO through calendar 2001. Authorizes State licensure of PSOs after January 1, 2002, only if: (1) State financial solvency and capital adequacy standards are identical with Federal standards; and (2) State licensure standards are substantially equivalent to Federal standards. Allows a PSO seeking to operate under a full-risk contract or a partial risk contract to apply to the Secretary of Health and Human Services for waiver of State licensure if: (1) the State has failed to act on the PSO's State application within a certain period of time; or (2) the State has denied the PSO's application, but the State's licensing standards or review process impose unreasonable barriers to market entry. Declares that a fiscally sound PSO meets Medicare financial solvency requirements. Prescribes general requirements for a PSO's ongoing quality assurance program (including case-by-case utilization review). Treats such requirements as met if the PSO is accredited by a private organization under a process approved by the Secretary. Sets forth physician-participation procedure requirements and other special rules. Directs the Secretary to issue regulations regarding qualified PSO standards, which shall preempt State law. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) Treats Medicare-eligible organizations, including PSOs, as meeting the "50-50" enrollment composition rule (which requires that a health plan's Medicare and Medicaid enrollees cannot exceed 50 percent of its total enrollment) if they demonstrate: (1) their capability of providing coordinated care in accordance with the quality assurance standards established by this Act; and (2) their experience providing coordinated care to enrollees of a health plan or State Medicaid plan. (Sec. 5) Provides that a health maintenance organization under Medicaid includes a public or private organization which may be a PSO. (Sec. 6) Directs the Secretary to provide for demonstration projects in at least ten States that permit Medicaid programs to be treated as Medicare-eligible organizations for individuals eligible to enroll with a Medicare organization and also eligible for Medicaid, for the purpose of demonstrating the delivery of primary, acute, and long-term care through an integrated delivery network that emphasizes noninstitutional care. (Sec. 7) Prescribes rules on coverage of emergency services by all Medicare plans. (Sec. 8) Limits State law restrictions on managed care arrangements; but exempts from such restrictions any law that has the effect of preventing involuntary denial of life-saving medical treatment when such denial would cause the patient's involuntary death pending transfer to a health care provider willing to provide such treatment. (Sec. 9) Requires the Department of Justice and the Federal Trade Commission to provide jointly for the development and publication of explicit, binding guidelines on the application of antitrust laws to PSO activities, addressing PSO formation, development, and operation issues of PSOs and facilitating their development and operation.
United States · United States Congress · 9 January 1997
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial yellowfin tuna fishing. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill to insignificant levels shall be satisfied by using the best safety techniques and equipment economically and technologically practicable. Modifies requirements regarding export to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean (ETPO). Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals. Mandates initiation of: (1) discussions regarding certain revisions to the Convention for the Establishment of an Inter-American Tropical Tuna Commission; (2) a revised schedule of annual contributions to the Commission; and (3) discussions with countries participating in the International Dolphin Conservation Program to identify alternative funding for the protection of marine species and the marine ecosystem. Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe." Mandates implementing regulations, including regulations establishing a domestic and international tracking and verification program. (Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program. Mandates regulations to authorize and govern the incidental taking of marine mammals in the ETPO. Authorizes emergency regulations. Requires undertaking or supporting scientific research to further the Program's goals. Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting. Replaces provisions concerning permits for taking dolphins with provisions authorizing issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the ETPO yellowfin tuna fishery without such a permit. Authorizes permit sanctions. Modifies the list of prohibited acts. (Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee. (Sec. 7) Declares that it is the sense of the Congress that each nation participating in the Program should contribute an equitable amount to Commission expenses.
United States · United States Congress · 9 January 1997
Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. 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 DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.
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 · 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
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Provides that failure to comply shall give rise to a point of order in either House of Congress.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to terminate the credit for large producers of ethanol used as a fuel after 1998. Disallows the credit for alcohol used to produce any ether. Exempts from tax liquids sold for use or used in an off-highway business use. Repeals the reduced rate on ethanol fuel produced from natural gas. Provides for the tax treatment of fuel alcohol in the same manner as other motor fuels. Repeals the reduced rates on alcohol fuels. Exempts partially, in the case of methanol or ethanol, the rate of tax determined under the Highway Trust Fund financing rate. Imposes a floor stock tax on fuel alcohol held by any individual on a specified date and makes such individual liable for such tax. Exempts fuel alcohol held by any individual for any use to the extent a credit or refund of the tax imposed under current law is allowed. Prohibits the imposition of tax on fuel alcohol held in the tank of a motor vehicle or motorboat and for certain amounts of fuel.
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
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
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
Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.
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
Urges the President to categorically disavow any intention of issuing presidential pardons to James and Susan McDougal and Jim Guy Tucker, and thereby affirm the principle that in the American system, no one is above the law.
United States · United States Congress · 24 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.
United States · United States Congress · 12 September 1996
Veterans Medicare Subvention Demonstration Project Act - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Veterans Affairs with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health care services provided to certain Medicare-eligible veterans. Requires the Secretaries to conduct the project: (1) in not more than three Veterans Integrated Service Networks; and (2) during the three-year period beginning on January 1, 1997. Requires the Secretaries to include a provision for expanding the project to incorporate health care services provided to Medicare-eligible veterans under fee-for-service arrangements if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to the Department from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretaries to: (1) establish a minimum and maximum enrollment level for veteran participants in the project; and (2) determine baseline costs of such care and coverage. Directs the VA Secretary to: (1) establish and operate a managed health-care plan through which Medicare-eligible veterans who participate in the project receive health care; and (2) waive any enrollment fee for such participants. Directs the Secretaries to report to the Congress concerning specified project participation, findings, and results. Directs the Comptroller General, for each year of the project, to report to the Secretaries and the Congress on the extent to which the costs of the Secretaries have increased as a result of the project. Requires the Secretaries to modify the project following such reviews to correct any discrepancies between project cost targets and actual spending.
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
Permanent Performance Review Act of 1996 - Establishes the Permanent Performance Review Commission to: (1) establish and manage a schedule of agency self-studies to be conducted over a fixed period; (2) hold hearings as part of an overall assessment and transformation of the date presented in the study into a performance review to be developed by the Commission; and (3) submit the performance review and legislative recommendations to the President, the Congress, and the public. Sets forth: (1) the duties of agencies subject to performance review; and (2) procedures for congressional action on performance reviews received from the Commission. Authorizes appropriations.
United States · United States Congress · 22 July 1996
Citizen's Fair Hearing Act of 1996 - Amends the Endangered Species Act of 1973 to provide that any person who satisfies the requirements of the Constitution and demonstrates having suffered or being threatened with economic or other injury resulting from a violation of such Act or a failure of the Secretary of Commerce to act in accordance with it shall be deemed to be within the zone of protected interests of such Act and shall have standing to commence a civil suit on his or her own behalf.
United States · United States Congress · 16 July 1996
TABLE OF CONTENTS: Title I: Restoring Control of Elections to Individuals Title II: Strengthening Political Parties Title III: Disclosure and Enforcement Title IV: Worker Right to Know Title V: General Provisions Campaign Finance Reform Act of 1996 - Title I: Restoring Control of Elections to Individuals - Amends the Federal Election Campaign Act of 1971 to prohibit a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress from accepting contributions from individuals other than local individuals residents which exceed the total amount of contributions accepted from local individual residents. Sets forth penalties for exceeding contribution limitations. (Sec. 102) Decreases allowable contribution amounts for political action committees in Federal elections to the level allowed for individuals in any calendar year. (Sec. 103) Modifies the limitations on contributions when a candidate spends or contributes amounts exceeding personal fund spending limitations. Requires the principal campaign committee of a House candidate to submit certain notifications of expenditures or contributions of such personal funds. (Sec. 105) Prohibits a candidate for Federal office or an individual holding Federal office from establishing or controlling a political committee, other than a principal campaign committee. (Sec. 106) Prohibits bundling of contributions to candidates for Federal office by political action committees. (Sec. 107) Redefines the term independent expenditure. (Sec. 108) Sets forth requirements for the use of payroll deductions for contributions. Title II: Strengthening Political Parties - Modifies contribution limits with respect to contributions made by an individual to a political party or a political party committee. Limits contributions made by individuals to State political parties. (Sec. 202) Allows political parties to offset funds carried over from previous elections. (Sec. 203) Set forth limitations on the use of funds not subject to the limitations of the Act. (Sec. 204) Permits national and State political party committees (including any subordinate committee of a State committee) to exclude from expenditure limits any amounts expended by the committee for communications with members unless the communication expressly advocates the election or defeat of a specific candidate for election to Federal office. (Sec. 205) Excludes from the definition of contribution State or local political party committee payments for specified volunteer and grassroots activities. Requires that all State and local party committees allocate their expenses for mixed activities based on a specified ballot composition method. Title III: Disclosure and Enforcement - Modifies political committee reporting requirements, including requiring: (1) certain reports to be made available within 24 hours; (2) making reports available on the Internet; (3) certain reporting by secondary campaign committees; (4) additional post election reporting; and (5) certain information on aggregate contributions. (Sec. 302) Revises Federal Election Commission rules and procedures, including provisions concerning: (1) judicial interpretation standards; (2) requiring written responses to certain questions; (3) oral arguments before the commission; (4) publication of an index to advisory opinions; (5) treating commercial loans not as contributions; (6) abolishing the Ex-Officio membership of the Clerk of the House on the Commission; (7) granting the Commission the authority to waive reporting requirements, if consistent with the purposes of the Act; (8) solicitations by corporations or labor organizations; (9) protections against force and reprisals; (10) banning a candidate or political committee from accepting any cash contributions from any individual which, in the aggregate, exceed $100; and (11) partnership contributions. Title IV: Worker Right to Know - Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. (Sec. 404) Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes. Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction. (Sec. 405) Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. (Sec. 406) Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to prescribe related regulations. Title V: General Provisions - Sets forth provisions concerning: (1) effective date; (2) severability; and (3) Supreme Court review of constitutional issues.
United States · United States Congress · 11 July 1996
Workplace Fairness Act of 1996 - Prohibits employment discrimination on any basis other than job performance by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including ability and willingness to comply with performance requirements (including attendance and procedures), any use of a drug or of alcohol that may adversely affect job performance, any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed, and the ability to work well with others.
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