United States · United States Congress · 7 February 1997
National Parks Airspace Management Act of 1997 - Requires the Director of the National Park Service and the Administrator of the Federal Aviation Administration (FAA) to develop, establish, review, and revise plans for the National Park System (NPS) units affected by commercial air tour flights to the extent the Director considers that such units require airspace management plans to minimize the adverse effects of such flights. Prohibits such an operator from flying in the airspace over a NPS unit covered by a plan unless the operator enters into an agreement with the Director and the Administrator specifying otherwise. (Sec. 5) Requires the Director, for NPS units that, as of January 1, 1997, experienced no such overflights, to: (1) prescribe criteria to identify NPS units where such flights would be incompatible with or injurious to the units; and (2) designate the units which meet those criteria as flight-free park units. (Sec. 6) Requires the Administrator to issue a regulation governing the operation of all commercial air tour flights over NPS units. Allows the Administrator to issue regulations that prescribe separate operational rules governing flights by fixed-wing aircraft and by rotorcraft. (Sec. 7) Directs the Administrator to initiate proceedings to revise the regulations relating to air taxi operators and commercial operators to specifically cover all commercial air tour flights over NPS units and to address safety and environmental issues. Requires each commercial air tour aircraft to display specified identification marks. Requires the Administrator to ensure that aeronautical charts display the boundaries, airspace management plan, operational rule, or Special Federal Aviation Regulation with respect to each unit. Directs: (1) the Administrator to study requiring commercial air tour aircraft operating in the airspace over NPS units to have on board an automatic flight tracking system capable of monitoring altitude and ground position; and (2) the Administrator and the Director, if the Administrator determines the use of such system is feasible and advisable, to jointly develop a plan for implementing a program to monitor such altitude and position. Requires the Administrator to establish and maintain a database concerning commercial air tour aircraft designed to provide data to be used in: (1) making determinations of the scope of commercial air tour flights, accident rates, and flight safety assessments; and (2) ensuring that each FAA flight standards district office that serves a district in which such flights are conducted is adequately staffed to carry out this Act. (Sec. 8) Exempts from the provisions of this Act: (1) an aircraft experiencing an in-flight emergency, participating in search and rescue, fire fighting, or police emergency operations, carrying out park administration, or complying with air traffic control instructions; and (2) flights by military aircraft. Requires the Director and the Administrator to jointly develop restrictions and fee schedules for aircraft or rotorcraft engaged in commercial aerial photography over NPS units at altitudes that they determine will adversely affect the resources and values of affected units. (Sec. 9) Establishes the National Park Overflight Advisory Council to: (1) determine the effects on the environment of NPS units of commercial tour flights and the economic effects of restrictions or prohibitions on such flights; (2) develop recommendations for means of reducing the adverse effects of such flights; (3) explore financial and other incentives which could encourage manufacturers to advance the state-of-the-art in quiet aircraft and rotorcraft technology and encourage commercial air tour operators to implement such technology; (4) provide comments and recommendations to the Director and the Administrator with respect to National Park airspace management plans and other matters relating to flights over NPS units. Authorizes appropriations. (Sec. 10) Prohibits this Act from affecting the management of NPS units in Alaska or any aircraft operations over or within such units.
United States · United States Congress · 6 February 1997
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
United States · United States Congress · 5 February 1997
National Parks Overflights Act of 1997 - Directs the Secretary of the Interior to submit to the Administrator of the Federal Aviation Administration recommendations (including a joint proposal for incentives for the use of quiet aircraft technology and a schedule for commercial air tour fleet conversion to such technology) for actions necessary to protect public health and safety and natural resources from adverse effects associated with aircraft overflights at national parks. Authorizes the Administrator to: (1) establish minimum flight altitudes to include in the recommendations; and (2) prohibit overflights below such minimum altitudes in any national park to restore or preserve quiet. Directs the Administrator, after receipt of recommendations and notice and opportunity for hearing, to issue a final plan for the management of air traffic over national parks: (1) experiencing adverse impacts associated with noise from aircraft overflights; or (2) for which air tours need to be regulated in order to prevent resource impairment from overflights.
United States · United States Congress · 5 February 1997
Bear Protection Act - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, purchasing, or possessing it with intent to sell or barter, transporting, acquiring, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Requires the Secretary of the Interior and the United States Trade Representative to discuss issues involving such trade with representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary to report to the Congress on the progress of efforts to end illegal trade in bear viscera.
United States · United States Congress · 4 February 1997
Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). (Sec. 2) Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 3) Revises provisions relating to the reconciliation process. (Sec. 4) Sets forth revised pay-as-you-go provisions for the Senate. (Sec. 5) Conforms provisions governing the President's budget to the biennial framework. (Sec. 6) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 7) Amends CBA to provide that it shall not be in order in the House of Representatives or the Senate to consider: (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the funds are to be spent is of less than two years duration; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution (but not including an appropriations measure or reconciliation bill) until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. Provides that, in the Senate, such point of order shall not apply to: (1) any measure that is privileged for consideration pursuant to a rule or statute; or (2) any matter considered in Executive Session. (Sec. 8) Directs the Comptroller General, during the second session of each Congress, to give priority to requests from Congress for audits and evaluations of Government programs and activities. (Sec. 9) Makes appropriations for the second year of a biennium necessary to continue, at the first year rate of operations, projects and activities funded by any regular appropriation Act that provides funding only for the first year of a biennium. (Sec. 10) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 11) Provides that it shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority under the jurisdiction of all of the subcommittees of the Committees on Appropriations for a period other than each of the fiscal years of the biennium. (Sec. 12) Requires the Director of the Office of Management and Budget to report to specified congressional committees on the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a two-year budget process based on the two-year period.
United States · United States Congress · 28 January 1997
TABLE OF CONTENTS: Title I: General Provisions Title II: Assistance for Education of All Children with Disabilities Title III: Systems Change Title IV: Research and Personnel Preparation Title V: Technical Assistance, Support, and Dissemination of Information Title VI: Infants and Toddlers with Disabilities Individuals With Disabilities Education Act Amendments of 1997 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2002. Title I: General Provisions - Revises IDEA to declare that the right to equal educational opportunities for all children with disabilities is guaranteed by the equal protection clause of the 14th amendment to the Constitution. (Sec. 103) Allows the office of Special Education Programs to accept voluntary and uncompensated services. (Sec. 104) Revises requirements for: (1) prescribing regulations; (2) eligibility for financial assistance; and (3) discretionary grant programs. Requires the Secretary of Education to develop and implement a comprehensive plan for activities under titles IV and V of this Act. Provides for specified enhanced services to children with disabilities. Lists entities eligible for awards. Authorizes the Secretary to limit, without rulemaking, competitions to projects that give priority to one or more targeted areas, if each project addresses the needs of children with disabilities and their families. Provides for application management, including a peer review process. Authorizes the Secretary to use certain funds for: (1) payments to non-Federal entities for administrative support; (2) Federal employees to monitor projects; and (3) evaluation of program activities carried out under these programs. (Sec. 107) Repeals IDEA provisions for: (1) acquisition of equipment and construction of necessary facilities; and (2) grants for the removal of architectural barriers. Title II: Assistance for Education of All Children with Disabilities - Revises entitlements and allocations for assistance for education of all children with disabilities. (See. 201) Authorizes States to determine whether to make subgrants smaller than a specified minimum amount to some local education agencies (LEAs). (See. 202) Revises and consolidates State eligibility and planning provisions. Provides that, if a child with a disability qualifies for special education, that child does not have to be classified by a specific impairment or condition. Requires the State educational agency (SEA) to: (1) examine data to determine if significant racial disproportionality is occurring in the identification or placement of children under IDEA; and (2) review and revise policies accordingly. Provides that, if a hearing officer agrees with the parents' unilateral placement of a child with a disability in a private school, the LEA may be required to reimburse the parents. Requires a non-educational agency, if it is responsible for services necessary to ensure a free appropriate public education for children with disabilities, to pay for or provide such services directly or by contract or other arrangements. Requires States to: (1) ensure that interagency agreements or other mechanisms are in effect between educational agencies and non-educational agencies for defining respective financial responsibilities, resolving interagency disputes, and interagency coordination; and (2) establish a mechanism by which LEAs may seek reimbursement from agencies for the costs of providing related services. Revises requirements for a comprehensive system of personnel development. Allows LEAs to use appropriately trained and supervised paraprofessionals. Requires States to: (1) establish performance goals and indicators for children with disabilities; (2) ensure that these children participate in general State and district-wide assessments, with appropriate accommodations, where necessary; and (3) develop guidelines for participation in alternative assessments for those children who cannot participate in such general State and district-wide assessments. Consolidates funding and public participation requirements. Revises requirements for State advisory panels and their duties. Repeals requirements for three-year State plans. (Sec. 203) Revises LEA and SEA eligibility and maintenance of effort requirements, with specified exceptions. Allows specified activities, regardless of certain excess cost and noncommingling of funds requirements, including: (1) incidental benefits to non-disabled students; (2) simultaneous services on a space-available basis to non-IDEA-eligible children with disabilities protected under the Americans with Disabilities Act; (3) a coordinated services system that links education, health, and social welfare services, systems, and entities to improve educational and transitional results for all children and their families; and (4) a school-based improvement plan. Revises requirements for LEA involvement with a State's Comprehensive System of Personnel Development. (Sec. 204) Revises and consolidates specified requirements for State and local administration of evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Revises IEP content to: (1) focus on measurable annual objectives; and (2) emphasize ensuring that each child, as appropriate, has the opportunity to progress in the general curriculum, and to participate with nondisabled children in various environments. Requires consideration of transition services needs: (1) for all students with disabilities beginning at age 14 (or younger, under specified circumstances); (2) under the applicable components of the IEP; and (3) in light of the student's participation in the general curriculum. Provides for transfer of rights at the age of majority. (Sec. 205) Repeals certain IDEA provisions relating to treatment of State agencies that received certain kinds of funds under the Elementary and Secondary Education Act of 1964. (Sec. 206) Revises procedural safeguards, including provisions for written notices to parents. Requires States to make mediation available to parents of children with disabilities in disputes with LEAs on any matter regarding the identification, evaluation, or educational placement of a child or the provision of free appropriate public education. Permits the transfer of parental rights to a student with disabilities upon reaching the age of majority under State law. Requires the State to have procedures for appointing the parent or another person to represent the student's interests if, under State law, such a student is determined not to have the ability to provide informed consent. Prescribes alternate procedural safeguards for short-term and long-term disciplinary actions with respect to children with disabilities who violate the LEA's rules or code of conduct, engage in serious disruptive behavior, or engage in any such behavior involving dangerous weapons, drugs, or actions resulting in serious bodily injury. Requires such rules or code of conduct to apply to children without disabilities as well. Provides for due process hearings with respect to disagreements between an agency and parents over determinations by a principal to remove a child with disabilities to an interim alternative educational setting. (Sec. 207) Revises requirements for: (1) withholding of payments from non-compliant States and judicial review of such determinations; (2) rulemaking on compliance and eligibility; (3) evaluation and program information; (4) preschool grants; and (5) payments. (Sec. 209) Requires the Secretary to: (1) conduct studies and evaluations to assess the effectiveness of efforts to provide free appropriate public education and early intervention services, including assessing the placement of children with disabilities by disability category; and (2) conduct a longitudinal study that measures the educational and transitional services provided to and results achieved by children with disabilities under IDEA. Title III: Systems Change - Establishes a program to promote systems change to improve educational and transitional services and results for children with disabilities. Authorizes competitive grants to SEAs, in partnership with LEAs and other interested individuals, agencies, and organizations, to improve such services and results on a system-wide basis. Allows grant recipients to collaborate in systems change activities with those in other States, through joint arrangements with institutions of higher education and sharing of staff and consultants. Requires coordination with this program of activities under titles IV and V. Authorizes appropriations. Title IV: Research and Personnel Preparation - Establishes a new program for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation. (Consolidates current personnel preparation and research provisions.) (Sec. 401) Authorizes research and innovation grants and contracts for: (1) new knowledge production in learning styles, instructional approaches, behavior management, assessment tools, assistive technology, program accountability and personnel preparation models; (2) integration of research and practice, through demonstration and dissemination of successful practice; and (3) improvement in the use of professional knowledge by teachers, parents, and others in their classrooms and other learning settings. Authorizes personnel preparation grants and contracts in the areas of: (1) high incidence disabilities, such as learning disabilities, mental retardation, and behavior disordered groups; (2) leadership preparation; (3) low-incidence disabilities, such as sensory impairment, multiple disabilities, and severe disabling conditions; and (4) projects of national significance. (Sec. 402) Makes conforming amendments to the Higher Education Act of 1965, the Goals 2000: Educate America Act, and the Rehabilitation Act of 1973. Title V: Technical Assistance, Support, and Dissemination of information - Establishes (in part by consolidating certain current activities) a new program for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information. (Sec. 501) Authorizes grants and contracts for: (1) parent training and information centers and community programs; (2) coordinated technical assistance, support, and dissemination; and (3) technology and media activities. Authorizes appropriations. (Sec. 502) Makes conforming amendments to IDEA and the Developmental Disabilities Assistance and Bill of Rights Act. Title VI: Infants and Toddlers with Disabilities - Revises the program for infants and toddlers with disabilities with respect to: (1) expanded States opportunities for infants and toddlers with disabilities at risk of having substantial developmental delays if early intervention services are not provided; (2) continuing eligibility; (3) statewide system requirements; (4) the individualized family service plan; (5) allocation and use of funds; (6) procedural safeguards; (7) State interagency Coordinating Council duties; and (8) Federal Interagency Coordinating Council (FICC) membership and duties. (See. 615) Directs the FICC to convene a panel of experts to develop recommendations for a model definition of developmental delay. Allows the use of funds for referring at risk infants and toddlers, in those States not currently serving them, to other IDEA services. Permits planning for transition to preschool services to begin up to six months before the child's third birthday, if parents and agencies agree. (Sec. 616) Authorizes appropriations.
United States · United States Congress · 28 January 1997
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense and the Director of the Office of Personnel Management (OPM) to enter into an agreement under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires: (1) the Secretary to begin to offer such health benefits option no later than January 1, 1998; and (2) the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 28 January 1997
Citizen Congress Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan during the 12-year period beginning on the date the Member begins his or her first term. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Permits any travel award that accrues by reason of official travel of a House Member, officer, or employee to be used only for official travel. (Sec. 8) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 9) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 10) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 11) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals.
United States · United States Congress · 22 January 1997
Family Farm Alternative Minimum Tax Relief Act of 1997 - Amends the Internal Revenue Code to make the alternative minimum tax inapplicable to specified farm property installment sales.
United States · United States Congress · 21 January 1997
Family Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to provide for: (1) time-and-a-half compensatory time off; (2) biweekly work programs (allowing more than 40 hours of work in one week and correspondingly less in the other); and (3) flexible credit hour programs (thus providing private sector employees opportunities under such programs similar to those of Federal employees). Amends the exemption from minimum wage and maximum hour requirements for certain executive, administrative, and professional employees and outside salesmen. Prohibits from consideration in determining whether an employee is exempt: (1) the fact that the employee is subject to deductions in compensation for absences from employment of less than a full workday or less than a full pay period; or (2) the payment of overtime compensation or other additions to the compensation of an employee employed on a salary based on hours worked. Allows consideration, in such a determination, of an actual reduction in compensation.
United States · United States Congress · 21 January 1997
Provider-Sponsored Organization Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to give Medicare beneficiaries the option of receiving Medicare coverage through enrollment with provider-sponsored organizations (PSOs) organized and licensed under State law, and certified as meeting certain Federal standards. Requires a PSO to be a qualified health maintenance organization (HMO) and meet other specified criteria. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) Requires a PSO to: (1) deliver a spectrum of health care services (including basic hospital and physicians services) to enrolled purchasers; and (2) provide a substantial proportion of the health care items and services under its Medicare contract through the provider or affiliated group of providers composing the organization. Provides for direct Federal Medicare certification as a qualified PSO through calendar 2001. Authorizes State licensure of PSOs after January 1, 2002, only if: (1) State financial solvency and capital adequacy standards are identical with Federal standards; and (2) State licensure standards are substantially equivalent to Federal standards. Allows a PSO seeking to operate under a full-risk contract or a partial risk contract to apply to the Secretary of Health and Human Services for waiver of State licensure if: (1) the State has failed to act on the PSO's State application within a certain period of time; or (2) the State has denied the PSO's application, but the State's licensing standards or review process impose unreasonable barriers to market entry. Declares that a fiscally sound PSO meets Medicare financial solvency requirements. Prescribes general requirements for a PSO's ongoing quality assurance program (including case-by-case utilization review). Treats such requirements as met if the PSO is accredited by a private organization under a process approved by the Secretary. (Sec. 5) Treats Medicare-eligible organizations, including PSOs, as meeting the "50-50" enrollment composition rule (which requires that a health plan's Medicare and Medicaid enrollees cannot exceed 50 percent of its total enrollment) if they demonstrate: (1) their capability of providing coordinated care in accordance with the quality assurance standards established by this Act; and (2) their experience providing coordinated care to enrollees of a health plan or State Medicaid plan. Reduces enrollment size requirements for eligible organizations under Medicare. (Sec. 6) Permits computation of the adjusted community rate of payment for services for a qualified PSO using data in the general commercial marketplace or (during a transition period) based on costs incurred by the PSO in providing a product. (Sec. 7) Sets forth physician-participation procedure requirements. (Sec. 8) Directs the Secretary to: (1) issue regulations regarding qualified PSO standards; and (2) establish a process for certification of qualified PSOs (including a discretionary application fee). (Sec. 9) Directs the Secretary to provide for demonstration projects in at least ten States that permit Medicaid programs to be treated as Medicare-eligible organizations for individuals eligible to enroll with a Medicare organization and also eligible for Medicaid, for the purpose of demonstrating the delivery of primary, acute, and long-term care through an integrated delivery network that emphasizes noninstitutional care. (Sec. 10) Requires the Secretary to report to the Congress on Medicare partial-risk contracts.
United States · United States Congress · 21 January 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 21 January 1997
Amends the Age Discrimination in Employment Act of 1967 to declare that it is not a violation of certain age discrimination provisions solely because a plan or arrangement of a higher education institution offers employees with unlimited tenure benefits on a voluntary retirement that are reduced or eliminated on the basis of age.
United States · United States Congress · 21 January 1997
Higher Education Bond Parity Act - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Grants victims of crimes of violence and other crimes that the Congress may define by law the right to: (1) notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at a public pre-trial or trial proceeding to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a public parole proceeding, or at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) notice of a release pursuant to a public or parole proceeding or an escape; (4) a final disposition of the proceedings relating to the crime free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the victim's safety in determining any release from custody; and (7) notice of the rights established by this amendment. Grants the victim standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to obtain a stay of trial, or to compel a new trial or for the accused or convicted offender to obtain any form of relief; or (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Grants power to the Congress and the States to enforce this amendment within their respective jurisdictions by appropriate legislation, including the power to enact exceptions when required for compelling reasons of public safety or for judicial efficiency in mass victim cases.
United States · United States Congress · 21 January 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities. States that an authorization shall remain in effect until revoked and may be revoked at any time.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Requires a two-thirds vote of each House of the Congress in order to pass any bill levying a new tax or increasing the rate or base of any tax. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 21 January 1997
Biomedical Research Commitment Resolution of 1997 - Expresses the sense of the Senate that appropriations for the National Institutes of Health should be increased by 100 percent over the next five fiscal years.
United States · United States Congress · 27 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act.
United States · United States Congress · 24 September 1996
Amends Federal patent law to provide that with respect to a medical practitioner's performance of a medical activity that constitutes an infringement, specified provisions relating to remedies, injunctions, and damages and attorney fees shall not apply against the practitioner or against a related health care entity with respect to such medical activity. Provides that this Act shall not apply to the activities of any person or his or her employee or agent (regardless of whether such person is a tax-exempt organization) who is engaged in the commercial development, manufacture, sale, importation, or distribution of a machine, manufacture, or composition of matter or the provision of pharmacy or clinical laboratory services (other than laboratory services provided in a physician's office), if such activities are: (1) directly related to such endeavors; and (2) regulated under the Federal Food, Drug, and Cosmetic Act, the Public Health Service Act, or the Clinical Laboratories Improvement Act.
United States · United States Congress · 16 September 1996
Medigap Portability Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days) if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to conduct a consumer satisfaction survey of the enrollees under such contract or such policy and make the results of such survey available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants. Makes necessary appropriations.
United States · United States Congress · 2 August 1996
Amends the Fair Labor Standards Act of 1938 to apply an overtime exemption to employees of any establishment (currently, any retail or service establishment) whose regular rate of pay exceeds one and one-half times the minimum wage and more than half of whose compensation represents commissions on goods or services.
United States · United States Congress · 29 July 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 16 July 1996
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1996 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required. Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent of and notice to the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute the data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option to: (1) sell the property to the agency for fair market value without use restrictions; (2) receive compensation for any resulting decrease in the property's fair market value; or (3) enter into arbitration. Requires that payment under this title, at the property owner's election, be provided for in accordance with the standard specified under title II of this Act, or in the amount equal to the fair market value of the property before the date of the final agency action with respect to which the property or interest is acquired. (Sec. 509) Amends the Endangered Species Act of 1973 to require notice to all private property owners or lessees of property subject to the Act of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in the agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 10 July 1996
TABLE OF CONTENTS: Title I: Historically Black Colleges and Universities Historic Building Restoration and Preservation Title II: Cooper Hall and Science Hall Preservation and Restoration Title I: Historically Black Colleges and Universities Historic Building Restoration and Preservation - Historically Black Colleges and Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to make grants, from amounts authorized to be appropriated to carry out the National Historic Preservation Act for FY 1996 through 1999, to historically black colleges and universities for the preservation and restoration of historic buildings and structures on their campuses. Requires a grantee to covenant, for the period of time specified by the Secretary, that: (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access will be permitted to such property for interpretive and educational purposes. Authorizes the Secretary to: (1) obligate funds for a grant with respect to a building or structure listed on the National Register of Historic Places only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources; and (2) waive this matching requirement if an extreme emergency exists or that such a waiver is in the public interest to ensure the preservation of historically significant resources. Limits amounts made available for this Act for FY 1995 through 1998. Earmarks funds for FY 1995 for grants to: (1) Fisk University; and (2) historically black colleges and universities identified for inclusion in the Department of the Interior Historically Black College and University Historic Preservation Initiative. Title II: Cooper Hall and Science Hall Preservation and Restoration - Directs the Secretary to make grants to preserve and restore Cooper Hall at Sterling College located in Sterling, Kansas, and Science Hall at Simpson College located in Indianola, Iowa, from amounts authorized to be appropriated to carry out the National Historic Preservation Act. Authorizes the Secretary to obligate such funds only if the grantee agrees to match the amount of such grant with funds derived from non-Federal sources. Limits amounts to be made available for such grants.
United States · United States Congress · 8 July 1996
Designates the United States Post Office building that is to be located at 9 East Broad Street, Cookeville, Tennessee, as the L. Clure Morton Post Office and Courthouse.
United States · United States Congress · 28 June 1996
Truth in Employment Act of 1996 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person whose primary purpose is to represent a union in an organizational struggle.
United States · United States Congress · 27 June 1996
Declares that upon Federal receipt of the document "To Strengthen Michigan Families" relating to a specified demonstration project conducted by the State of Michigan: (1) the appropriate Federal official is deemed to have waived the compliance requirements for any Federal entitlement program specified in such document; and (2) certain implementation costs which would not otherwise be included as program expenditures shall be regarded as project expenditures during the testing period to the extent they do not exceed what would have been expended on the programs involved in the absence of the demonstration project. Provides that this Act shall not be construed to affect certain other waivers granted to the State of Michigan. Permits the State to elect to participate in the same programs as modified by any subsequent legislation.
United States · United States Congress · 19 June 1996
Prosthetic Limb Access Act of 1996 - Shields certain nonprofit providers, practitioners (health care professionals associated with such provider), or nonprofit organizations from liability for harm to a claimant caused by a recycled prosthetic device, except in cases of intentional wrongdoing that was the proximate cause of the harm. Makes this Act applicable to any civil action brought by a claimant in a Federal or State court against a nonprofit provider or practitioner for harm allegedly caused by a recycled prosthetic device or against a nonprofit organization that made a referral to a provider or practitioner that involved such a device that allegedly caused harm. Sets forth provisions regarding: (1) preemption; and (2) procedures for dismissal of civil actions.
United States · United States Congress · 19 June 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the property is damaged because of its racial or ethnic character; and (2) the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the property is damaged because of its religious character; (2) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (3) the loss exceeds $10,000.) Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, religious, or ethnic characteristics of any individual associated with such property. Increases penalties for violations of such provisions where bodily injury results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire. Includes within the definition of "religious property" fixtures or religious objects contained within a place of religious worship. Sets a seven-year statute of limitation for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions. Authorizes the Secretary of Housing and Urban Development to use up to $5 million of the credit subsidy provided under the General and Special Risk Insurance Fund for guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions. Reauthorizes the Hate Crimes Statistics Act. Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts.
United States · United States Congress · 19 June 1996
Amends the Internal Revenue Code to exempt a private foundation making an employer-related grant from the excise tax on taxable expenditures when an individual scholarship or fellowship grant made by such a foundation is made on an objective and nondiscriminatory basis and is made pursuant to a qualified employer-related grant program.
United States · United States Congress · 10 June 1996
Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the offense is in, or affects, interstate commerce; and (2) the loss exceeds $5,000. (Currently such provisions apply only where: (1) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) the loss exceeds $10,000.)
United States · United States Congress · 23 May 1996
Provides that, upon submission by the appropriate State agency of the application for certain waivers to conduct the proposed "Wisconsin Works" (welfare reform) demonstration project (to replace the Aid to Families with Dependent Children (AFDC) program) in Wisconsin, such application shall be deemed approved.
United States · United States Congress · 23 May 1996
Amends the Federal Food, Drug, and Cosmetic Act to consider a dietary supplement a drug if its labeling claims or implies that the supplement produces euphoria, heightened awareness, or similar mental or psychological effects.
United States · United States Congress · 14 May 1996
Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1996 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to extend it through FY 1999. Reauthorizes appropriations for: (1) allotments for States; (2) protection and advocacy of individual rights; (3) university- affiliated programs; and (4) projects of national significance.
United States · United States Congress · 8 May 1996
Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such relationship. Establishes a Federal definition of: (1) "marriage" as only a legal union between one man and one woman as husband and wife; and (2) "spouse" as only a person of the opposite sex who is a husband or wife.
United States · United States Congress · 29 April 1996
Gift of Life Congressional Medal Act of 1996 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families. Makes any organ donor, or donor's family, eligible for the medal. Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network (OPTN) to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the OPTN to collect funds to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.
United States · United States Congress · 22 April 1996
Constitutional Amendment - Grants victims of violent crimes the following rights: (1) to be informed of, and present at, every proceeding in which the rights to liberty, justice, and due process are extended to the accused or convicted offender; (2) to be heard at any proceeding involving sentencing and to object to a previously negotiated plea or a release from custody; (3) to be informed of any release or escape; (4) to a speedy trial, a final conclusion free from unreasonable delay, full restitution from the convicted offender, reasonable measures of protection from violence or intimidation by the accused or convicted offender; and (5) to notice of such rights. Grants the several States and the Congress the power to implement further this amendment by appropriate legislation.
United States · United States Congress · 19 April 1996
Provides for observation of a moment of silence at 9:02 a.m. central daylight time on April 19, 1996, in remembrance of the victims of the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma. Commends the people of Oklahoma and the aid provided by rescuers, Federal agencies, countless volunteers, and Federal employees. Reaffirms trust in our system of justice to ensure that the perpetrators are convicted and punished.
United States · United States Congress · 15 April 1996
Pays tribute to the remarkable life and career of Ronald H. Brown (the late Secretary of Commerce) and to the contributions of all those who perished in the airplane accident on April 3, 1996, while in service to their country on a mission to Bosnia. Extends condolences to the victims' families.
![Official portrait of Sen. Frist, William H. [R-TN]](https://www.congress.gov/img/member/f000439_200.jpg)