United States · United States Congress · 25 July 1997
Authorizes the President to award the Congressional Medal of Honor posthumously to Theodore Roosevelt for his actions in the attack of San Juan Heights, Cuba, during the Spanish-American War on July 1, 1898.
United States · United States Congress · 24 July 1997
Calls for: (1) the President to demand that the Government of Russia take actions to stop governmental and nongovernmental entities in the Russian Federation from providing missile technology and technical advice to Iran in violation of the Missile Technology Control Regime; (2) the United States, if Russia's response is inadequate, to impose sanctions on the responsible Russian entities in accordance with Executive Order 12938 on the Proliferation of Weapons of Mass Destruction and to reassess cooperative activities with Russia; (3) raising the threshold under current law allowing for the waiver of the prohibition on the release of foreign assistance to Russia; and (4) encouragement of our European allies to take steps to stop such proliferation.
United States · United States Congress · 17 July 1997
Requires the Secretary of the Interior: (1) acting through the Director of the Bureau of Land Management, to establish the National Historic Trails Interpretive Center in Casper, Wyoming, for the interpretation of the historic trails in the vicinity of Casper, including the Oregon Trail, the Mormon Trail, the California Trail, the Pony Express Trail, the Bridger Trail, the Bozeman Trail, and various Indian routes; and (2) to construct, operate, and maintain facilities for the Center. Allows the Secretary to: (1) collect an entrance fee from visitors to the Center; (2) use such fees for the Center's operating expenses; (3) take actions to encourage and enable private persons to provide and operate facilities and services at the Center in accordance with the National Park System Concessions Policy Act; and (4) use such funds from such facilities and services for the Center's development and operation. Authorizes appropriations.
United States · United States Congress · 17 July 1997
National Marrow Donor Program Reauthorization Act of 1997 - Amends the Public Health Service Act to replace provisions relating to the National Bone Marrow Donor Registry with provisions mandating establishment, by contract, of a program to assist patients needing a blood stem cell transplant in searching for biologically unrelated donor individuals. Sets forth program functions, including: (1) maintaining one or more donor and one or more recipient registries; (2) educational activities (including donor recruitment and professional and public information); and (3) establishing the Office of Patient Advocacy and Case Management. Mandates: (1) standards regarding quality, tissue typing, donor informed consent, and patient advocacy; (2) donor selection criteria; (3) stem cell collection and transportation procedures; (4) confidentiality standards; and (5) procedures for integrating participating donor registries and centers. Mandates criminal penalties for confidentiality violations. Authorizes appropriations. Mandates a plan to effectuate efficiencies in the relationship between the program and donor centers.
United States · United States Congress · 25 June 1997
Calls upon the parliamentary bodies and government officials of other nations, particularly those that participate in Little League baseball, to recognize and celebrate the international character of Little League baseball and to render Little League Baseball Incorporated assistance and recognition of its status as a nongovernmental international organization.
United States · United States Congress · 24 June 1997
Military Construction Appropriations Act, 1998 - Appropriates funds for FY 1998 for military construction, family housing, and base realignment and closure functions administered by the Department of Defense (DOD), namely: (1) military construction for the Army, Navy, and Air Force; (2) military construction, DOD (including a transfer of funds); (3) military construction for the Army and Air National Guards; (4) military construction for the Army, Navy, and Air Force Reserves; (5) the North Atlantic Treaty Organization (NATO) Security Investment Program; (6) family housing for the Army, Navy and Marine Corps, and Air Force; (7) family housing, DOD; and (8) the Base Realignment and Closure Accounts, Parts II, III, and IV. (Sec. 101) Specifies restrictions and authorizations regarding the use of funds appropriated in this or other military construction appropriations Acts. (Sec. 113) Directs the Secretary of Defense to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs for such exercise are expected to exceed $100,000. (Sec. 118) Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Construction, Defense account. (Sec. 119) Directs the Secretary to report to the congressional appropriations committees on actions proposed by DOD to encourage other member nations of NATO, Japan, Korea, and U.S. allies in the Arabian Gulf to assume a greater share of the common defense burden of such nations and the United States. (Sec. 121) Requires entities receiving assistance under this Act to comply with the Buy American Act. (Sec. 123) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
United States · United States Congress · 21 June 1997
Expresses the sense of the Congress that, as a part of balancing the budget and reevaluating the role of government, Federal, State, and local elected officials should carefully consider the costs of government spending and regulatory programs in the year to come so that American families will be able to keep more of what they earn.
United States · United States Congress · 19 June 1997
National Retail Sales Tax Act of 1997 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code. (Sec. 4) Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the U.S. for use or consumption outside of the U.S., provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Defines "purchased for a business purpose in an active trade or business" as property or services: (1) purchased for resale; (2) purchased to produce property or services; or (3) purchased in furtherance of other bona fide business purposes. Sets forth rules relating to the obligation of governmental units and not-for-profit organizations to collect, remit, and pay taxes. Sets forth provisions concerning credits and refunds. Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit. Defines such credits. Provides for installment payments of the tax on the purchase of a principal residence. Allows an eligible family unit to receive a sales tax rebate. Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a lawful U.S. resident. Conditions that no individual shall be considered part of more than one family unit. Sets forth definitions and special rules concerning such things as: (1) foreign financial intermediation services; (2) financing leases; and (3) installment sales. Imposes a 15 percent tax on gaming services. Directs an administering State to administer, collect, and remit to the U.S. treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State. Defines an administering State as one which maintains a specified conforming sales tax and enters into a specified cooperative agreement with the Secretary. Provides for administrative support for States. Sets forth provisions concerning, among other things: (1) monthly reports and payments; (2) records; (3) penalties; (4) appeals; (5) accounting; and (6) hobby activities. Authorizes the Secretary of the Treasury to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States. (Sec. 5) Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2001. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax. (Sec. 6) Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes beginning in 1999. (Sec. 7) Sets forth provisions concerning: (1) the self- employment tax; (2) the indexing of social security benefits; (3) compensating payments to individuals on fixed incomes; and (4) the interest rate on tax underpayments and overpayments. (Sec. 11) Requires a supermajority in the House of Representatives or the Senate to raise rates.
United States · United States Congress · 17 June 1997
Civil Rights Act of 1997 - Prohibits discrimination or preferences in Federal employment and contracting and other Federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any Federal contractor or subcontractor to so discriminate or grant a preference. Declares that this Act does not prohibit or limit encouraging contract bidding, recruiting employees, encouraging participation in other programs or activities or requiring or encouraging Federal contractors, subcontractors, or recipients of Federal licenses or financial assistance to so recruit or encourage, if the recruiting or encouraging does not involve granting a preference. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a Federal law or treaty relating to the Indian tribes. Declares that this Act does not: (1) prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member. Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay). Requires awarding a prevailing plaintiff attorney's fees as part of the costs.
United States · United States Congress · 11 June 1997
Amends the Agricultural Market Transition Act to: (1) reduce the loan rate for quota peanuts by specified amounts through crop year 2001; and (2) eliminate peanut price supports as of crop year 2002. Amends: (1) the Agricultural Adjustment Act of 1938 to eliminate peanut marketing quota provisions as of crop year 2002; and (2) the Agricultural Act of 1949 to make conforming amendments. Prohibits the Secretary of Agriculture (Secretary) from providing any subsequent peanut price supports. Directs the Secretary to make nonrecourse loans and loan deficiency payments available to peanut producers beginning with crop year 2002. Sets forth: (1) loan rate, term, and repayment provisions; and (2) deficiency computation provisions.
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 22 May 1997
Medical Device Regulatory Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission and to mandate annual FDA and Comptroller General reports to specified congressional committees. (Sec. 3) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary, to establish a procedure under which the regulated person may request a review of the disputed subject matter. (Sec. 4) Revises or imposes requirements regarding: (1) investigational device exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing recognition of self-certifiable consensus standards); (5) effectiveness determinations (as used in classifying devices); (6) reliance on postmarket controls to expedite classification; (7) substantial equivalence; (8) labeling (as affecting premarket approval); (9) supplemental applications; (10) promotional material representations; (11) premarket notification; (12) initial classification; (13) classification panels; and (14) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates accreditation of persons to review and initially classify devices. (Sec. 13) Mandates publication of a list of types of class III devices that are not subject to regulation under specified provisions and for which the Secretary has determined that premarket approval is unnecessary, requiring each to be regulated as class III subject to general and appropriate special controls. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 17) Removes distributors from recordkeeping and reporting requirements. Removes reporting requirements regarding certain certification and removals and corrections. Mandates new user reporting regulations limiting user reporting to a user subset to create a representative profile of user reports. (Sec. 18) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 19) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 20) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental assessment or impact statement. (Sec. 22) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 22 May 1997
Provides for the transfer of the United States Postal Service to a private corporation. Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary. Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer.
United States · United States Congress · 21 May 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 15 May 1997
Worker Paycheck Fairness Act - Requires a labor union accepting payment of any dues or fees from an employee as a condition of employment to secure from each employee a prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Gives employees a right of civil action against any labor union which violates this requirement. Requires employers to post notice relating to such requirement. 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 necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. 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.
United States · United States Congress · 8 May 1997
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 8 May 1997
Eastern Wilderness Act - Directs the Secretaries of Agriculture and the Interior to: (1) study and inventory all Federal, State, and private lands of 500 acres or more which are east of the 100th meridian and which may qualify as wilderness; (2) review those areas identified as having wilderness characteristics; and (3) report to the President their recommendation as to the suitability of each area for preservation as wilderness. Requires the President to advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to such areas. Provides for the management of such areas before and after designation as wilderness, requiring such areas to be devoted to recreational, scenic, scientific, educational, conservation, and historical use and prohibiting commercial enterprise and permanent roads within such areas (with specified exceptions, including the continuation of uses established before the designation). Authorizes continued access for private landowners whose land is surrounded by wilderness area. Authorizes the appropriate Secretary to: (1) acquire State or privately owned land to establish a wilderness area if the owner consents and the acquisition is specifically authorized by the Congress; and (2) accept gifts or bequests of land within wilderness areas. Requires, at the beginning of each congressional session, a joint report from the Secretaries to the President for transmittal to the Congress on the status of the wilderness system.
United States · United States Congress · 8 May 1997
FEHBP-Medical Savings Account Promotion Act of 1997 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program.
United States · United States Congress · 8 May 1997
Military Recruit Training Policy Restoration Act of 1997 - Directs the Secretaries of the military departments concerned to require that basic training (or its equivalent) at the company level and below (at the group level and below, with respect to the Air Force) be conducted through separate units for male and female recruits. Allows only male officers to command and serve as drill instructors in a male training unit, and only female officers to command and serve as drill instructors in a female training unit.
United States · United States Congress · 8 May 1997
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to the dictates of conscience, the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed; and (2) the Government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.
United States · United States Congress · 6 May 1997
Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims that is founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 1 May 1997
Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) State responsibilities and cooperation between Federal and State authorities.
United States · United States Congress · 1 May 1997
Public Services Aviation Act of 1997 - Amends Federal aviation safety law to consider a government-owned aircraft to be a public aircraft if it is: (1) operated in the performance of a governmental function by a unit of government on behalf of another unit of government pursuant to a cost reimbursement agreement; or (2) transporting (for non-commercial purposes) crewmembers whose presence is associated with the administration or support (or, as currently, performance) of a governmental function such as, but not limited to, public safety, among other functions specified by current law.
United States · United States Congress · 1 May 1997
Amends the Tariff Act of 1930, with respect to the imposition of countervailing duties, to treat as noncountervailable subsidies any pricing practices or tenure arrangements for the sale of softwood timber grown on publicly owned lands, as well as log export restrictions.
United States · United States Congress · 30 April 1997
Directs the Attorney General to establish a program to identify certain deportable aliens awaiting arraignment in specified local prisons, including all facilities in Ventura and Orange Counties, California.
United States · United States Congress · 30 April 1997
Liability Reform for Volunteer Services Act - Applies provisions of this Act to claims for damages in any Federal or State court civil action relating to: (1) volunteer services performed by the defendant for either a governmental entity or a volunteer service organization; or (2) activities or services performed by a volunteer service organization. Allows punitive damages to be awarded against such a defendant if the claimant establishes by clear and convincing evidence that the defendant's conduct exhibited a conscious, flagrant indifference to the rights or safety of others and was the proximate cause of the harm that is the subject of the action. Limits the amount of punitive damages to the lesser of: (1) twice the sum of the amounts awarded for economic and noneconomic loss; or (2) $250,000. States that this Act does not create a cause of action or preempt or supersede any Federal or State law that further limits the amount of awards for punitive or compensatory damages in such a cause of action. Prohibits the disclosure to a jury of the punitive damages limitations of this Act. Requires, at the request of any party, the question of punitive damages to be considered in a separate proceeding after the determination of compensatory damages. Prohibits the admission of evidence concerning punitive damages during a separate action considering only compensatory damages. Requires, in an action brought against more than one defendant, each defendant to be liable only for the amount of compensatory damages allocated to that defendant by the trier of fact in direct proportion to the percentage of responsibility for the harm for which the defendant is found liable. Requires a separate judgment against each defendant in such cases.
United States · United States Congress · 30 April 1997
Prisoners Frivolous Lawsuit Prevention Act of 1997 - Amends rule 11 of the Federal Rules of Civil Procedure to provide that by presenting to the court a pleading, written motion, or other paper, an attorney or unrepresented party is certifying (among other things and subject to specified limitations) that the allegations and other factual contentions have evidentiary support, are made in a case involving a party other than a prisoner, and, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. Directs the court, upon determining in a case involving a party who is a prisoner that provisions regarding improper representations to the court have been violated, to impose an appropriate sanction upon the attorneys, law firms, or parties responsible for the violation. Specifies that a sanction imposed for a violation of this rule shall not be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated in a case involving a party who is a prisoner.
United States · United States Congress · 30 April 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
United States · United States Congress · 24 April 1997
Voter Eligibility Verification Act - Amends the Immigration and Nationality Act to direct the Attorney General to establish a voter eligibility confirmation system to respond to Federal, State, or local election officials' inquiries made to verify a voter registrant's citizenship. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Amends the Social Security Act to permit States to require voter registrants to provide their social security numbers.
United States · United States Congress · 23 April 1997
Expresses the sense of the Congress that certain provisions of the Merchant Marine Act, 1920 relating to transportation of merchandise between U.S. points in other than domestically built or rebuilt and documented vessels and to incineration of hazardous waste at sea (those provisions popularly known as the Jones Act) and related statutes are critically important components of our Nation's economic and military security and should be fully and strongly supported.
United States · United States Congress · 17 April 1997
Amends the Agricultural Market Transition Act with respect to the sugar program to: (1) reduce sugarcane loan rates through crop year 2002; (2) revise the sugar beet loan rate; (3) eliminate nonrecourse loans after FY 1997; and (4) eliminate sugar price supports after crop year 2002. Amends the Agricultural Adjustment Act of 1938 to repeal sugar and crystalline fructose marketing quota and allotment provisions. Amends the Food Security Act of 1985, beginning with the 1996-1997 quota year, to direct the President to use all available authority to ensure that U.S. market raw sugar shall be available at not more than the higher of the world sugar price or the U.S. loan rate.
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 · 17 April 1997
Amends the Internal Revenue Code to: (1) provide that the amount of fiscal year aviation excise taxes shall match Airport and Airway Trust Fund expenditures; (2) require annual aviation tax rate determinations by a specified date; and (3) establish in such Fund an Annual Reserve Account.
United States · United States Congress · 15 April 1997
Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government. Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights. (Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case. Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request. Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process. Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act.
United States · United States Congress · 15 April 1997
National Retail Sales Tax Act of 1997 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code. (Sec. 4) Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the U.S. for use or consumption outside of the U.S., provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Defines "purchased for a business purpose in an active trade or business" as property or services: (1) purchased for resale; (2) purchased to produce property or services; or (3) purchased in furtherance of other bona fide business purposes. Sets forth rules relating to the obligation of governmental units and not-for-profit organizations to collect, remit, and pay taxes. Sets forth provisions concerning credits and refunds. Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit. Defines such credits. Provides for installment payments of the tax on the purchase of a principal residence. Allows an eligible family unit to receive a sales tax rebate. Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a lawful U.S. resident. Conditions that no individual shall be considered part of more than one family unit. Sets forth definitions and special rules concerning such things as: (1) foreign financial intermediation services; (2) financing leases; and (3) installment sales. Imposes a 15 percent tax on gaming services. Directs an administering State to administer, collect, and remit to the U.S. treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State. Defines an administering State as one which maintains a specified conforming sales tax and enters into a specified cooperative agreement with the Secretary. Provides for administrative support for States. Sets forth provisions concerning, among other things: (1) monthly reports and payments; (2) records; (3) penalties; (4) appeals; (5) accounting; and (6) hobby activities. Authorizes the Secretary of the Treasury to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States. (Sec. 5) Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2001. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax. (Sec. 6) Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes beginning in 1999. (Sec. 7) Sets forth provisions concerning: (1) the self- employment tax; (2) the indexing of social security benefits; (3) compensating payments to individuals on fixed incomes; and (4) the interest rate on tax underpayments and overpayments. (Sec. 11) Requires a supermajority in the House of Representatives or the Senate to raise rates.
United States · United States Congress · 15 April 1997
Constitutional Amendment - Grants victims of violent crimes or crimes for which the defendant can be imprisoned for longer than one year the right: (1) to notice of, and to not be excluded from, all public proceedings relating to the crime; (2) to be heard, if present, and to submit a written statement at all public proceedings (and non-public parole proceedings to the extent the convicted offender is afforded such rights) relating to the crime to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the crime; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the crime; (5) to an order of restitution from the convicted offender; (6) to consideration for the victim's safety in determining any release from custody; and (7) to notice of the rights established by this amendment. Grants the victim standing to assert such rights. Grants power to the Congress and the States to enforce this amendment.
United States · United States Congress · 10 April 1997
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
Amends the Internal Revenue Code to exclude from the definition of the term "unrelated trade or business" the activity of soliciting and receiving qualified sponsorship payments.
United States · United States Congress · 10 April 1997
Expresses the sense of the House of Representatives that the income tax system should be replaced with a broad-based single-rate national sales tax on goods and services.
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 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
OSHA Reform Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to repeal provisions for: (1) inspections, investigations, and recordkeeping; (2) citations; (3) enforcement procedures; (4) judicial review; and (5) civil and criminal penalties. Requires a continuing comprehensive economic analysis of the costs and benefits of each OSHA standard. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and the likelihood of such impairment, in determining the priority for establishing standards dealing with such materials or agents. Declares that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. Establishes a small business assistance and training program, including: (1) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (2) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such assistance and training program. Directs the Secretary of Labor periodically to make an award to companies and other organizations which have implemented particularly effective approaches to occupational safety and health, including those providing for effective employee involvement.
United States · United States Congress · 20 March 1997
Amtrak Route Closure and Realignment Act of 1997 - Establishes as an independent commission the Total Realignment of Amtrak Commission. Directs the Commission to: (1) identify Amtrak passenger rail routes which are candidates for closure or realignment based on system-wide economic performance rankings and other specified principles and factors; (2) examine ridership forecasts and other assumptions supporting continued service on the Northeast Corridor, particularly with respect to the continuation of the electrification of the Northeast Corridor between New Haven, Connecticut, and Boston, Massachusetts; and (3) examine optional uses for abandoned rail lines. Requires the Commission to report to the Congress and the President on its activities, including recommendations for the closure and realignment of routes in Amtrak's passenger rail system. Sets forth procedures for congressional consideration of Commission recommendations. Authorizes appropriations.
United States · United States Congress · 20 March 1997
State Initiative Fairness Act - Prohibits a U.S. district court or judge thereof from granting any application for an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law adopted by referendum upon the ground of unconstitutionality unless such application is heard and determined by a three-judge court. Requires, in any such case, the additional judges to be designated as soon as practicable and the court to expedite the consideration of the application for an injunction. Requires any appeal of a determination on such application to be to the Supreme Court.
United States · United States Congress · 20 March 1997
Methamphetamine Elimination Act - Authorizes appropriations to the Attorney General for FY 1998 through 2003 to make grants to the California Bureau of Narcotics Enforcement to implement the Bureau's methamphetamine strategy.
United States · United States Congress · 20 March 1997
Amends the Internal Revenue Code to require that an inflation indexed basis rather than an adjusted basis be used to determine gain or loss in the disposition of the following assets held at least one year: (1) corporate stock; (2) bonds; (3) tangible property used in, or land held in connection with, a business or trade; and (4) a principal residence. Replaces the existing one-time "55 years or older" exclusion of $125,000 of gain from the sale of a principal residence with an exclusion of $250,000 ($500,000 in the case of a joint return) from the sale of a principal residence (eliminating age and one-time provisions).
United States · United States Congress · 20 March 1997
Credit Union Membership Access Act - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group.
United States · United States Congress · 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
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.
![Official portrait of Rep. Packard, Ron [R-CA-48]](https://www.congress.gov/img/member/p000005_200.jpg)