United States · United States Congress · 17 June 1997
Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act. Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts. Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such. Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable. Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date. Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts.
United States · United States Congress · 17 June 1997
Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 17 June 1997
Computer Security Enhancement Act of 1997 - Amends the National Institute of Standards and Technology Act to authorize the National Institute of Standards and Technology (Institute), in fulfilling the establishment of the computer standards program, to: (1) upon request from the private sector, assist in establishing voluntary interoperable standards, guidelines, and associated methods and techniques to facilitate and expedite the establishment of non-Federal public key management infrastructures that can be used to communicate with and conduct transactions with the Federal Government; and (2) provide assistance to Federal agencies in the protection of computer networks, and to coordinate Federal response efforts related to unauthorized access to Federal computer systems. Authorizes the Institute to perform evaluation and tests of: (1) information technologies to assess security vulnerabilities; and (2) commercially available security products for their suitability for use by Federal agencies for protecting sensitive information in computer systems. (Sec. 5) Requires the Institute to carry out specified activities in the development of uniform standards and guidelines for the cost-effective security and privacy of sensitive information in certain Federal computer systems. (Sec. 6) Directs the Institute to solicit the recommendations of the Computer System Security and Privacy Advisory Board (Board) regarding standards and guidelines that are being considered for submittal to the Secretary of Commerce. Authorizes separate appropriations for FY 1998 and 1999 to enable the Board to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects. (Sec. 7) Sets forth requirements for the evaluation of the capabilities of encryption technologies embodied in the form of software or hardware that are offered and generally available outside of the United States. (Sec. 8) Prohibits the Institute from promulgating, enforcing, or otherwise adopting standards, or carrying out activities or policies, for the Federal establishment of encryption standards required for use in computer systems other than Federal Government computer systems. (Sec. 9) Revises specified requirements, including to authorize (currently requires) the Institute, for the purposes of performing research and conducting studies, to draw upon computer system security guidelines developed by the National Security Agency. (Sec. 10) Amends the Computer Security Act of 1987 to revise requirements regarding Federal computer system security training to require that such training include emphasis on protecting sensitive information in Federal databases and Federal computer sites that are accessible through public networks. (Sec. 11) Authorizes appropriations for FY 1998 and 1999, for fellowships to support students at institutions of higher learning in computer security. (Sec. 12) Requires a study by National Research Council of the National Academy of Sciences of public key infrastructures. Authorizes appropriations for carrying out the study.
United States · United States Congress · 12 June 1997
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment to educational and scientific instruments and apparatus that are imported for assembly into the United States. Authorizes the Secretary of Commerce, upon receipt of a petition by an affected institution, to hold a single expedited hearing to determine whether or not to grant such duty treatment to all of the components of the particular scientific instrument or apparatus for which the application is made, in order to provide for expedited consideration of each component of a scientific instrument or apparatus for which duty treatment is requested.
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 · 10 June 1997
Multiparty, Multiforum Jurisdiction Act of 1997 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the amount in controversy exceeds $50,000 per person and minimal diversity of citizenship exists. Authorizes venue in any district in which a defendant resides or in which a substantial part of the accident occurred. Expands district court authority over such transferred actions (previously covered only pretrial proceedings) to permit joint trial of liability and punitive damage issues. Calls for remand of damage determinations (other than punitive damages), including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the damages phase of the action as well. Permits removal of actions from State to U.S. district courts to invoke the proposed jurisdiction and to join actions within the jurisdiction pending before the Federal court. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability. Provides that the district court in which an action under this Act is pending shall determine the source of the applicable substantive law and is not bound by the choice of law rules by any State. Requires the responsible district court to issue an order designating the jurisdiction whose law is to be applied in all actions under this Act arising from the same incident. Identifies factors that may be relevant in such choice of law determinations. Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.
United States · United States Congress · 10 June 1997
Requests the President to issue a proclamation commending the 82 American airmen held as political prisoners at the Buchenwald concentration camp during World War II for their service, bravery, and fortitude.
United States · United States Congress · 27 May 1997
Amends the Internal Revenue Code to provide for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative.
United States · United States Congress · 22 May 1997
TABLE OF CONTENTS: Title I: Promotion of Commercial Space Opportunities Title II: Remote Sensing Title III: Federal Acquisition of Space Transportation Services Commercial Space Act of 1997 - Title I: Promotion of Commercial Space Opportunities - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate: (1) a specified study that identifies and examines the opportunities for commercial providers to play a role in International Space Station activities, including operation, use, servicing, and augmentation; and (2) an independently-conducted market study that examines and evaluates potential industry interest in providing commercial goods and services for the operation, servicing, and augmentation of the International Space Station, and in the commercial use of the International Space Station (including updates to the cost savings and revenue estimates made in the preceding study, based on the external market assessment). Requires the Administrator to deliver to the Congress, no later than the submission of the President's annual budget request for FY 1999, a report detailing how many proposals (whether solicited or not) NASA received during 1997 regarding commercial operation, servicing, utilization, or augmentation of the International Space Station, and specifying how many agreements NASA has entered into in response to these proposals. (Sec. 102) Amends Federal law to include reentry vehicles and reentry operations within the scope of commercial space launch activities. Mandates an annual report. (Sec. 103) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to: (1) discontinue funding of the commercial launch voucher demonstration program through the Office of Commercial Programs within NASA (continues funding such program directly through NASA); and (2) extend the program indefinitely. (Sec. 104) Encourages the President to promote U.S. Global Positioning System standards. (Sec. 105) Directs NASA to purchase, to the maximum extent possible, space science data from a commercial provider. Title II: Remote Sensing - Makes amendments to the Land Remote Sensing Policy Act of 1992 respecting the commercialization of land remote sensing space systems. Modifies license application and issuance requirements to allow U.S. Government agencies to enter into agreements for utilization of a private land remote sensing space system if such remote sensing space system will be licensed by the Secretary of Commerce before commencing its commercial operation. Prohibits duplication of U.S. commercial space science data collection or distribution activities by the Federal Government unless such activities would result in significant cost savings to the Federal Government. Repeals the technology demonstration program. (Sec. 202) Directs the Administrator to: (1) acquire space-based and airborne Earth remote sensing data provided by a commercial provider for purposes of meeting Government goals for Mission to Planet Earth; and (2) conduct a study to determine the extent to which baseline scientific requirements of Mission to Planet Earth can be met by commercial providers, and how NASA will meet such requirements which cannot be met by commercial providers. Requires that the study be carried out as part of the Commercial Remote Sensing Program at the Stennis Space Center. Title III: Federal Acquisition of Space Transportation Services - Requires the Federal Government to procure space transportation services from U.S. commercial providers whenever such services are required in the course of its activities, subject to exception. (Sec. 303) Makes conforming amendments to the Launch Services Purchase Act of 1990. Maintains the prohibition for the launching of commercial payloads as primary payloads on the space shuttle.
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
Welfare Flexibility Act of 1997 - Permits State use of nongovernmental personnel to determine eligibility under the Medicaid, food stamp, and special supplemental nutrition program for women, infants, and children (WIC) programs.
United States · United States Congress · 22 May 1997
Amends the Internal Revenue Code to remove limitations on the number of taxpayers who may have medical savings accounts. Amends provisions defining "eligible individual" to remove references to small employers. Makes the amendments of this Act effective as if they had been included in the Health Insurance Portability and Accountability Act of 1996.
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 · 16 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 15 May 1997
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 · 15 May 1997
Reaffirms the view that the status quo on Cyprus is unacceptable and detrimental to U.S. interests. Considers that lasting peace and stability on Cyprus could be best secured by a process of complete demilitarization leading to the withdrawal of all foreign occupation forces, the cessation of foreign arms transfers to Cyprus, and providing for alternative internationally acceptable and effective security arrangements as negotiated by the parties. Supports the commitment by President Clinton to give increased attention to Cyprus and make the search for a solution a priority of U.S. foreign policy. Encourages the President to launch an early substantive initiative, in close coordination with the United Nations, the European Union, and interested governments to promote a speedy resolution of the Cyprus problem on the basis of international law, the provisions of relevant United Nations Security Council resolutions, democratic principles, including respect for human rights, and in accordance with the norms and requirements for accession to the European Union. Calls upon the parties to lend their full support and cooperation to such an initiative. Requests the President to report actions taken to give effect to the objectives set forth in this Act in the bimonthly report on Cyprus transmitted to the Congress.
United States · United States Congress · 14 May 1997
Authorizes the Pyramid of Remembrance Foundation to establish a memorial on Federal land within the District of Columbia or its environs to honor members of the armed forces killed while engaged in a military operation, other than a declared war, which involved conflict with an opposing foreign force. Prohibits the use of Federal funds in establishing such memorial.
United States · United States Congress · 14 May 1997
Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. 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 Employees 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 · 14 May 1997
Regulatory Accountability Act of 1997 - Amends the Congressional Budget and Impoundment Control Act of 1974 with regard to Federal mandates to make it out of order in the House of Representatives or the Senate to consider any new or reauthorized measure (controlled private regulatory legislation) imposing costs on the private sector of $100 million or more (controlled Federal private sector mandate) unless it specifies a regulatory cost authorization for each such mandate of the dollar amount of private sector costs authorized to result from implementing or enforcing regulations. Requires the Congressional Budget Office to estimate the costs of mandate compliance for each measure reported by an authorization committee. Prohibits the total amount of private sector compliance costs from exceeding the regulatory cost authorization for a covered law. Prohibits a proposed covered regulation from taking effect unless the Director of the Office of Management and Budget has certified in the Federal Register that its implementation will not violate the first prohibition. Exempts from such prohibitions any regulation which the President finds is necessary because of an emergency. Requires such estimates to be publicly available for each covered law.
United States · United States Congress · 14 May 1997
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $2,000 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Imposes penalties for excess contributions or prohibited transactions associated with an account. Provides for an from annual contribution limitations for distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
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
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 · 7 May 1997
Federal Agency Compliance Act - Requires a Federal agency, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the U.S. court of appeals for that circuit, with exceptions. Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court that established that precedent or a court of appeals for another circuit; (2) the Government did not seek further review of the case in which that precedent was first established in that appeals court or the U.S. Supreme Court because neither the United States nor any agency or officer thereof was a party to the case or because the decision establishing that precedent was otherwise substantially favorable to the Government; or (3) it is reasonable to question the continued validity of that precedent in light of a subsequent decision of that appeals court or the U.S. Supreme Court, a subsequent change in any pertinent statute or regulation, or any other subsequent change in the public policy or circumstances on which that precedent was based. Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; (2) decisions on whether to initiate, defend, or continue litigation for purposes of this Act to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based; and (3) the Attorney General to report annually to specified congressional committees on the Federal agency efforts to comply with this Act. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates the requirement under this Act regarding adherence to court of appeals precedents.
United States · United States Congress · 7 May 1997
Withdraws nondiscriminatory (most-favored-nation) treatment from the products of Iran, Iraq, Libya, and Syria. Authorizes the President to restore nondiscriminatory treatment of the products of Syria upon certification to the Congress that Syria is participating in the Middle East peace process in good faith.
United States · United States Congress · 7 May 1997
Trade and Professional Association Free Flow of Information Act of 1997 - Grants immunity from civil liability for acts done for the purpose of transmitting information among trade and professional associations and their members regarding product defects, quality, or performance, except to the extent such acts are proven by clear and convincing evidence to involve factual statements that are fraudulent, knowingly false, or made with reckless indifference to their truth or falsity. Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding on the ground that the claim is based on or relates to an act that is immune from liability under this Act. Grants a party filing such motion the right to remove the case to Federal court. Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified immunity of such associations from third-party discovery; (3) a special motion to quash a subpoena to enforce such immunity; (4) procedures with respect to a special motion to quash; (5) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving product defects, quality, or performance; and (6) preemption of State laws.
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 · 6 May 1997
Grand Jury Reduction Act - Amends the Federal criminal code to provide that every grand jury impaneled before any district court shall consist of between 9 and 13 persons (currently, between 16 and 23). Directs the court, if fewer than nine of those summoned attend (and whenever a challenge to a grand juror is allowed and there are not in attendance sufficient other jurors), to order an additional number of persons to be summoned to complete the grand jury. Permits an indictment to be found only if at least nine jurors are present, seven of whom concur.
United States · United States Congress · 1 May 1997
Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations.
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 · 1 May 1997
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 90 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
United States · United States Congress · 30 April 1997
Apprehension of Tainted Money Act of 1997 - Amends the Federal Election Campaign Act of 1971 (FECA) to require a political committee intending to return any contribution given to the committee in an amount of $500 or more to the person making the contribution (other than a contribution returned within 60 days of receipt by the committee), to transfer the contribution to the Federal Election Commission (Commission), with a request that the Commission return the contribution to the person making the contribution. Directs the Commission to consider the return of any contribution, and any circumstances surrounding such return, in determining whether it has reason to believe that a person has committed a violation of FECA, Federal criminal law, or the Internal Revenue Code. Establishes a single interest-bearing escrow account for contributions transferred. Requires the Commission, upon receiving amounts from a political committee to: (1) deposit the amounts in the account established; and (2) notify the Attorney General of the receipt of the amounts from the political committee. Permits the Commission or the Attorney General to require any contribution deposited in the escrow account to be used as follows: (1) to be applied toward the payment of any fine or penalty imposed against the person making the contribution involved; and (2) if such fine or penalty is imposed, to be applied toward the costs incurred by the Commission or the Attorney General in conducting any investigation of the contribution involved. Provides for the return of a contribution after deposit in the escrow account to the person making the contribution under specified circumstances. (Sec. 3) Directs the Commission and the Attorney General to issue final regulations to carry out the amendments of this Act no later than 30 days after enactment.
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
Extremely Low Frequency Communications System Termination Act - Directs the Secretary of the Navy to terminate all operations of the Navy's communications system known as the Extremely Low Frequency System.
United States · United States Congress · 24 April 1997
Tobacco Subsidy Reduction Act of 1997 - Amends the Federal Crop Insurance Act to prohibit the Commodity Credit Corporation from providing Federal crop insurance or reinsurance for tobacco. Amends the Agricultural Market Transition Act to prohibit the Secretary of Agriculture from providing noninsured crop disaster assistance for tobacco.
United States · United States Congress · 23 April 1997
Patient Access to Responsible Care Act of 1997 - Amends the Public Health Service Act to require a health insurance issuer to: (1) assure that covered items and services are available and accessible to each enrollee; (2) assure the availability and accessibility of emergency services and urgent care 24 hours a day, 7 days a week; (3) not require prior authorization for emergency services; and (4) cover emergency and urgent (and related ancillary) services. Requires an issuer offering network coverage to show that enrollees have access to specialized treatment. Regulates network incentive plans. Requires an issuer to: (1) permit each network enrollee to select a personal health professional from participating professionals; (2) cover nonparticipating providers, regulating premiums and cost sharing; (3) avoid undue enrollee burden from care coordination and cost control processes; (4) ensure direct specialist access; (5) provide for continuity of care for those with special needs or a chronic condition; and (6) provide for continued coverage in certain circumstances. Prohibits issuer discrimination on the basis of specified factors against individuals or providers. Prohibits any issuer-professional agreement from restricting the professional from engaging in medical communications with the professional's patient. Sets forth requirements regarding utilization review, an appeals process, and the process by which health professionals and providers become participants. Requires issuers to: (1) disclose certain information to enrollees and prospective enrollees; (2) comply with Federal and State confidentiality laws; (3) meet State solvency-related requirements; and (4) establish a quality improvement program. Requires issuers to comply with this Act regarding group and individual coverage. Declares that the requirements of this Act do not preempt any State law providing equivalent or stricter protections for individuals. Amends the Employee Retirement Income Security Act of 1974 to require a group health plan and an issuer offering coverage under such a plan to comply with the requirements of this Act. Declares that this Act does not preempt any State: (1) law providing equivalent or stricter protections for individuals; or (2) cause of action for personal injury or wrongful death damages that provides insurance or administrative services to or for an employee welfare benefit plan maintained to provide health benefits.
United States · United States Congress · 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
Imported Meat Labeling Act of 1997 - Amends the Federal Meat Inspection Act to require country of origin (where an animal is raised before slaughter) labeling of imported meat or U.S.-prepared meat food products containing foreign meat.
United States · United States Congress · 17 April 1997
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall spending levels. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Allows waiver of such prohibition if such bill is required to be approved by a two-thirds majority vote in the House and the Senate. (Sec. 203) Prohibits baseline budgeting. Requires objective year-to-year comparisons under budget law, with the starting point for both presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to require a budget law to include a major functional category ("rainy day fund") for natural disasters, subject to specified conditions. (Sec. 205) Amends Federal law to require the President to submit: (1) a budget, by the first Monday in February of each year before that in which a fiscal period commences, setting forth on a single page specific budget ceilings in each major functional category; and (2) a detailed budget, on or before the 15th day after a joint resolution on the budget is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide the appropriate House of Congress (or any committee, subcommittee, or conference) an estimate of the costs in each major functional category of each spending bill likely to result in costs of over $10 million, before being voted on by the Senate or the House, or any committee, subcommittee, or conference committee. (Sec. 301) Requires a two-thirds affirmative vote in the House or the Senate (or any committee, subcommittee, or conference committee) to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House or the Senate, or both, to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress, by two-thirds vote, exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions in spending in the same functional category. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. (Sec. 309) Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals an exemption in the House from pay-as-you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure that budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require CBO reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of social security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Amends Federal law to provide that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts and collections as negative budget authority.
United States · United States Congress · 16 April 1997
Homeowners Association Clarification Act of 1997 - Amends the Internal Revenue Code to allow timeshare associations to elect to be taxed under provisions relating to homeowner associations.
United States · United States Congress · 15 April 1997
Family Tax Relief Act of 1997 - Amends the Internal Revenue Code to establish a credit of $500 multiplied by the number of qualifying children (under the age of 18) of a taxpayer. Reduces such credit if the taxpayer's income exceeds a threshold amount.
United States · United States Congress · 15 April 1997
Working Americans Wage Restoration Act - Amends the Internal Revenue Code to allow a deduction from adjusted gross income for Old Age, Survivors and Disability Insurance (OASDI) employee taxes, unless an individual claims the earned income credit. Raises the deduction for OASDI self-employment taxes. Reduces such deduction by 50 percent for self-employed individuals claiming the earned income credit.
United States · United States Congress · 15 April 1997
Giving Incentive and Volunteer Empowerment (GIVE) Act - Amends the Internal Revenue Code to increase (to a specified percentage above the regularly allowed amount) the tax deduction for charitable contributions by allowing a taxpayer to elect to treat a contribution made not later than the tax return filing date for the taxable year as made on the last day of such taxable year. Allows individuals who do not itemize deductions a charitable contribution deduction to the extent the amount claimed exceeds $1,000 ($2,000 in the case of a joint return). Excepts charitable contribution deductions from the overall limitation on itemized deductions.
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
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to affirm publicly as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict this policy.
United States · United States Congress · 9 April 1997
Judicial Reform Act of 1997 - States that an application for an injunction against a State law adopted by referendum shall not be granted by a district court or judge on the ground of unconstitutionality unless such application is heard and determined by a three-judge panel under Federal law. Provides for expedited appeal of such a determination directly to the Supreme Court. Provides for interlocutory appeal (within ten days) to the appropriate court of appeals of a determination of whether an action may be maintained as a class action, without any stay of the class action proceedings in the district court. Requires complaints filed against the conduct of a Federal judge in one judicial circuit to be referred to a different judicial circuit in accordance with a system established by the Judicial Conference which prescribes the appropriate circuits for such referral. Requires such system to be established and submitted to the Congress within 180 days after the enactment of this section. Prohibits a district court from requiring any State or political subdivision thereof to impose, increase, or assess any tax for the purpose of enforcing any Federal or State law except under certain narrow conditions and limitations (e.g., there is no other means of redress, the proposed tax is narrowly tailored, the tax will not result in a local loss of revenue or reduction of property value, and related requirements). Subjects a finding of the presence of such conditions and requirements to immediate interlocutory review. Allows interested party intervention in a proceeding concerning the imposition of a tax. Terminates an order imposing a tax either: (1) one year after the date of imposition; or (2) an earlier date, if the court determines that the deprivation of rights addressed by such tax has been cured. Provides that, if all parties on one side of a Federal civil case to be tried in a district court bring a motion to reassign the case, such case shall be reassigned to another appropriate judicial officer. Entitles each side to one such reassignment without cause. Outlines procedural requirements for bringing such motion. Requires the party bringing the motion to pay reasonable costs incurred by the other party in travelling to the new location for all matters associated with such case.
United States · United States Congress · 9 April 1997
Budget Neutral American Tax Relief Act - Amends the Internal Revenue Code to, as a general rule, substitute the indexed basis (the adjusted basis increased by the applicable inflation adjustment factor) for the adjusted basis for purposes of determining the gain on the sale of an indexed asset held by an individual more than three years. Provides, as a general rule, for the treatment of an American Dream Savings Account (ADS account) in the same manner as an individual retirement plan (IRP). Defines an ADS account as an IRP designated at the time of its establishment as an ADS account. Prohibits the deduction of ADS contributions. Limits ADS contributions. Exempts from gross income qualified distributions, which include distributions made: (1) after the account holder attains the age of 59 and one-half; (2) to a beneficiary following the account holder's death; (3) which are attributable to the account holder's disability; and (4) to pay for qualified higher education, medical, or first-time homebuyer expenses. Provides for the phaseout and repeal of the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993. Requires any reductions in revenues to the Federal Government by reason of the amendments made by this Act to be offset by reductions in the funds available for the Department of Commerce and the Department of Energy.
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