United States · United States Congress · 10 April 1997
Requires the Secretary of Transportation to ensure that, in each fiscal year, each State's percentage of the total apportionments to all States from the Mass Transit Account of the Highway Trust Fund is not less than 80 percent of the State's estimated tax payment attributable to highway users in the State paid into that Account in the most recent year for which data are available. Provides an exception for any State whose contribution to such Account in the applicable fiscal year is greater than or equal to $50 million.
United States · United States Congress · 10 April 1997
Prisoner Work and Responsibility Initiative of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for grants for correctional facilities, to provide assurances that it: (1) has implemented requirements that each inmate perform not less than 48 hours of work per week (with exceptions for security, disciplinary, or medical reasons) and engage in not less than 16 hours of organized educational activities per week; and (2) prohibits prison officials from providing privileges to any inmate who fails to comply with such requirements. Includes among such privileges: (1) access to television, bodybuilding or weightlifting equipment, and recreational sports; (2) unmonitored telephone calls, except when between the inmate and the immediate family or inmate's attorney; (3) food exceeding in quality or quantity that which is available to enlisted U.S. Army personnel; and (4) equipment or facilities for publishing or broadcasting material not approved by prison officials as being consistent with prison order and discipline. Replaces a provision authorizing a reduction of sentence for a prisoner convicted of a nonviolent offense who successfully completes a substance abuse treatment program with one directing the Attorney General to ensure that each eligible prisoner participates in a program of substance abuse treatment. Redefines "eligible prisoner" as one who, within 24 months of the date of release or otherwise, is designated by the Bureau of Prisons for participation in a residential substance abuse treatment program.
United States · United States Congress · 10 April 1997
Amends the Clean Air Act to exclude from the definition of "volatile organic compound" beverage alcohol compounds (ethanol) emitted from aging warehouses.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 8 April 1997
Taxpayer Privacy Protection Act - Amends the Internal Revenue Code to permit civil damages and criminal penalties for the unauthorized or unlawful accessing or disclosure (currently, only for the unauthorized or unlawful disclosure) of tax returns or return information. Requires immediate notification to a taxpayer upon discovery that the taxpayer's return or return information has been accessed in an unauthorized manner.
United States · United States Congress · 8 April 1997
Taxpayer Privacy Protection Act - Amends the Internal Revenue Code to permit civil damages and criminal penalties for the unauthorized or unlawful accessing or disclosure (currently, only for the unauthorized or unlawful disclosure) of tax returns or return information. Requires immediate notification to a taxpayer upon discovery that the taxpayer's return or return information has been accessed in an unauthorized manner.
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: Penalties for Unlawful Activities Within the United States or By United States Nationals Abroad Subtitle A: Criminal Penalties Subtitle B: Civil Penalties Subtitle C: Other Penalties Title II: Foreign Relations and Defense-Related Provisions Chemical and Biological Weapons Threat Reduction Act of 1997 - Declares that it should be U.S. policy to take all appropriate measures to: (1) prevent and deter the threat or use of chemical and biological weapons against the citizens, armed forces, and territory of the United States and its allies, and to protect against, and manage the consequences of, such use; (2) discourage the proliferation of chemical and biological weapons; (3) prohibit within the United States the development, production, acquisition, stockpiling, and transfer to third parties of chemical or biological weapons; and (4) impose unilateral sanctions, and seek international sanctions, against any nation using chemical and biological weapons in violation of international law. Title I: Penalties for Unlawful Activities Within the United States or By United States Nationals Abroad - Subtitle A: Criminal Penalties - Amends the Federal criminal code to prohibit: knowingly developing, producing, otherwise acquiring, receiving from any person located outside U.S. territory, stockpiling, retaining, transferring, using, owning, or possessing any chemical or biological weapon, unless: (1) such weapon is intended for a permissible purpose; (2) the types and quantities of such weapons are strictly limited to those that can be justified for such purposes; and (3) the amount of such weapons per person at any given time does not exceed a quantity that, under the circumstances, is inconsistent with permissible purposes. Provides for the death penalty or life imprisonment for knowingly using chemical or biological weapons in violation of such provision where the death of another person results. Sets forth provisions regarding: (1) exclusions; (2) jurisdiction; (3) reimbursement of costs to the United States for expenses incurred incident to the seizure, storage, handling, transportation, and destruction or other disposition of property seized in connection with an investigation of the offense; and (4) the seizure, forfeiture, and destruction of chemical and biological weapons. Makes the owner or possessor of seized property jointly and severally liable to the United States in an action for money damages for any expenses incurred by the United States incident to the seizure. Sets penalties for using riot control agents as an act of terrorism. Authorizes the United States to obtain injunctions against proscribed conduct under this subtitle. Authorizes the Attorney General to request military assistance in support of Department of Justice activities relating to enforcement of this subtitle in an emergency situation involving a biological or chemical weapon. Subtitle B: Civil Penalties - Directs the President to designate the Federal Bureau of Investigation as the agency primarily responsible for implementing this subtitle. (Sec. 112) Sets forth civil prohibitions (analogous to the criminal prohibitions) on chemical and biological weapons-related activities and prescribes a penalty of up to $100,000 per violation. Sets forth procedures regarding hearings, administrative appellate review, offsets of amounts of such penalty from sums owed by the United States to the person, judicial review, enforcement of orders, and regulatory authority. Subtitle C: Other Penalties - Authorizes the President, upon determining that any person within U.S. jurisdiction has committed a violation of prohibitions under section 112, to issue an order for the suspension or revocation of such person's authority to export from any goods or technology from the United States. Repeals provisions of the Export Administration Act of 1979 regarding civil penalties and administrative sanctions relating to chemical and biological weapons proliferation. (Sec. 122) Provides for a three-year suspension of patent rights for knowingly violating any provision of section 112. Sets forth provisions regarding effect on patent rights, procedures, fees, and certificates of suspension. Title II: Foreign Relations and Defense-Related Provisions - Amends the Arms Export Control Act (AECA) to rewrite provisions regarding determinations with respect to the use of chemical and biological weapons, and sanctions for their use. Requires the President, after consulting with the Congress, to impose at least five of the following sanctions for three years upon determining that any foreign government has used a chemical or biological weapon in violation of international law or against its own nationals: (1) termination of foreign assistance (with exceptions); (2) termination of arms sales; (3) termination of foreign military financing; (4) denial of U.S. Government credit or other financial assistance; (5) imposition of export controls; (6) imposition of import restrictions; (7) opposition to financial or technical assistance by international financial institutions; (8) prohibition on U.S. bank loans or credit; (9) termination of air service and suspension of aviation rights to or from the United States; and (10) downgrading or suspending diplomatic privileges with such country. Declares that such sanctions are in addition to any multilateral sanction or measure that may be otherwise agreed. Specifies exceptions: (1) where the President certifies that implementing such sanctions would have a substantial negative impact upon the supreme national interests of the United States; and (2) with respect to any activity pursuant to a contract or international agreement entered into before the date of the President's determination if performance of the activity would reduce the potential for the use of a chemical or biological weapon by the sanctioned country. Requires the President, in addition, to block any transactions in property subject to U.S. jurisdiction in which the violating foreign country or any national thereof has any interest, for the purpose of compensating the victims of such weapons use and for punitive damages. Conditions the removal of sanctions against a foreign government on the President's certification, after three years, that such government: (1) has provided reliable assurances that it will not use such a weapon in violation of international law or against its people; (2) will accept onsite inspections to verify that it is not preparing to use such a weapon; and (3) is making restitution to those affected by any use of such weapons in violation of international law or against its own nationals. Requires the President to notify and report to the Congress within specified periods regarding any use of such a weapon and any actions planned and undertaken by the President in response. (Sec. 202) Expresses the sense of the Congress that any collapse of the "Australia Group" or any substantial weakening of common Australia Group export controls and nonproliferation measures would seriously undermine international and national efforts to curb the spread of chemical and biological weapons. Declares that it shall be U.S. policy to: (1) continue close cooperation with other countries in the Australia Group in support of its current efforts and in devising additional means to monitor and control the supply of chemicals and biological agents applicable to weapons production; (2) maintain an equivalent or more comprehensive level of control over the export of toxic chemicals and their precursors, dual-use processing equipment, human, animal, and plant pathogens and toxins with potential biological weapons application, and dual-use biological equipment as that afforded by the Australia Group as of this Act's enactment date; (3) block any effort by any Australia Group member to achieve Australia Group consensus on any action that would substantially weaken export controls and nonproliferation measures or otherwise undermine the Group's effectiveness; and (4) work closely with other countries to devise and harmonize the most effective national controls possible on the transfer of equipment, materials, and technology with particular applicability to the production of chemical or biological weapons. Requires the President, annually, to determine and certify to the Congress whether: (1) the Australia Group continues to maintain an equivalent or more comprehensive level of control over exports and remains a viable mechanism for curtailing the spread of such weapons; and (2) the Group's effectiveness has been undermined by changes in membership, lack of compliance with common export controls, or any weakening of common controls and measures in effect as of this Act's enactment date. Sets forth provisions regarding presidential consultation with the Congress on Australia Group export controls and nonproliferation measures. (Sec. 203) Prohibits the provision of certain U.S. assistance to Russia unless the President determines and certifies to the Congress, annually, that: (1) Russia is making reasonable progress toward the implementation of a bilateral agreement signed on June 1, 1990, regarding destruction and nonproduction of chemical weapons and on measures to facilitate the multilateral convention on banning chemical weapons; (2) the United States and Russia have resolved, to the satisfaction of the United States, outstanding compliance issues under such agreement and under a memorandum of understanding signed in Wyoming on September 23, 1989, regarding a bilateral verification experiment and data exchange related to a prohibition on chemical weapons; (3) Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons production facilities, and other facilities associated with the development of chemical weapons and riot control agents; and (4) Russia is in compliance with its obligations under a biological weapons convention completed at Washington, London, and Moscow on April 10, 1972. (Sec. 204) Requires the President to report annually to the Speaker and specified congressional committees on: (1) proliferation by foreign countries; (2) foreign persons assisting in proliferation; (3) third country assistance in proliferation, and intelligence information on such assistance; (4) intelligence information on subnational groups, including terrorists or paramilitary organizations, developing, producing, stockpiling, or using any chemical or biological weapon; and (5) funding priorities for detection and monitoring capabilities. (Sec. 205) Declares that it shall be U.S. policy to work to obtain multilateral agreement: (1) to effective, international enforcement mechanisms to existing international agreements that prohibit the use of chemical and biological weapons, to which the United States is a state party; and (2) regarding the collective imposition of sanctions and other measures described in the AECA, as amended by this Act. Directs the Secretary of State: (1) as a priority matter, to take steps necessary to achieve such objectives; and (2) to work to convene an international negotiating forum to conclude an international agreement on enforcement of the 1925 Geneva Protocol regarding the prohibition of the use in war of poisonous gas and bacteriological warfare. (Sec. 206) Restricts the use of funds for the Organization for the Prohibition of Chemical Weapons until the Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction enters into force for the United States. (Sec. 207) Expresses the sense of the Congress that the U.S. armed forces should place increased emphasis on potential threats to deployed U.S. forces and should make countering the use of chemical and biological weapons an organizing principle for U.S. defense strategy and policy. Directs the Secretary to take actions to ensure that the U.S. armed forces are capable of carrying out required military missions in U.S. regional contingency plans despite the threat or use of chemical or biological weapons. Directs the Secretary and the Secretary of State to: (1) give a high priority to discussions with key regional allies and likely regional coalition partners to determine what steps are necessary to ensure that allied and coalition forces and other critical civilians are adequately equipped and prepared to operate in chemically and biologically contaminated environments; and (2) report to the Speaker and to specified congressional committees on the results of such discussions. Directs the Secretary to take actions to ensure that the United States Army Chemical School remains under the oversight of a general officer of the United States Army. Expresses the sense of the Congress that the transfer, consolidation, and reorganization of the School should not disrupt or diminish the training and readiness of the armed forces to fight in a chemical-biological warfare environment, and that the Army should continue to operate the Chemical Defense Training Facility at Fort McClellan until such time as the replacement facility at Fort Leonard Wood is functional. Directs the President to report to the Speaker and specified congressional committees on previous, current, and planned chemical and biological weapons defense activities of the U.S. armed forces. (Sec. 208) Expresses the sense of the Congress that in order to achieve an effective deterrence against attacks of the United States and U.S. armed forces by chemical weapons, the President should reevaluate the extension of negative security assurances by the United States to non-nuclear weapon states (i.e., assurances that the United States will forswear the use of certain weapons unless attacked by that non-nuclear weapon state in alliance with a nuclear-weapon state) in the context of the Treaty on the Non-Proliferation of Nuclear Weapons. Requires the President to report to the Speaker and specified congressional committees on: (1) the findings of a detailed review of U.S. policy on negative security assurances as a deterrence strategy; and (2) a determination by the President of appropriate responses to the use of chemical or biological weapons against the U.S. armed forces, U.S. citizens, allies, and third parties. (Sec. 209) Prohibits the President from issuing any order or directive that diminishes, abridges, or alters the right of the United States to use riot control agents in any circumstance not involving international armed conflict, or in a defensive military mode to save lives in such a conflict. Expresses the sense of the Congress that international law permits the United States to use herbicides, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters. Directs the President to take all necessary measures, and prescribe such rules and regulations as necessary, to ensure that the policy contained in this section is observed by the U.S. armed forces.
United States · United States Congress · 20 March 1997
National Right to Work Act of 1997 - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 20 March 1997
HIV Prevention Act of 1997 - Mandates that States require: (1) confidential reporting of human immunodeficiency virus (HIV) positive results by the entity performing the test to the State public health officer; (2) notification by the State public health officer of individuals who may have been exposed to HIV and State cooperation regarding national notification; (4) mandatory testing of individuals indicted for a crime involving force or the threat of force to compel sexual activity, with related notification of victims and their attorneys, allowing use of positive test results, as relevant, in related judicial proceedings; (5) allowing a health professional to not perform a procedure that would place the professional at risk of becoming infected unless the patient undergoes the test and the health professional and the patient are notified of the results; (6) allowing a funeral services practitioner to not perform funeral procedures unless the body undergoes a test and the practitioner is notified of the results; (7) mandatory notification of a funeral service practitioner by a health care entity that knows the body is infected with HIV; (8) allowing a health insurance applicant, if required by the insurance issuer to undergo a test, to be notified of the results; and (9) allowing a prospective adoptive parent to choose to be informed of the adoptive child's HIV status (if known by the adoption agency). Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease, the professionals should notify their patients in circumstances that place the patients at risk of HIV infection by the professional; and (2) States should encourage the medical profession to develop related guidelines. Amends the Public Health Service Act to declare that compliance with certain provisions of this Act is not a violation of title XXVI (HIV Health Care Services Program) of that Act. Expresses the sense of the Congress that: (1) the States should make it a felony for individuals who know they have HIV disease to intentionally infect another; and (2) strict confidentiality should be maintained in carrying out certain requirements of this Act.
United States · United States Congress · 19 March 1997
Expresses the sense of the Congress that: (1) the Ten Commandments are a declaration of fundamental principles that are the cornerstones of a fair and just society; and (2) the public display of the Ten Commandments, including in government offices and courthouses, should be permitted.
United States · United States Congress · 18 March 1997
Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.
United States · United States Congress · 18 March 1997
Occupational Safety and Health Reform Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions relating to use of OSHA in private litigation. Provides that an allegation, a finding, or an abatement of an alleged violation, under OSHA or the standards promulgated under OSHA, shall not be admissible as evidence in any civil action or used to increase the amount of payments received under any workers' compensation law for any work-related injury. (Sec. 3) Provides that, on multi-employer work sites, an employer may not be cited for a violation of certain duties if the employer: (1) has not created the condition that caused the violation; or (2) has no employees exposed to the violation and has not assumed responsibility for ensuring compliance by other employers on the work site. (Sec. 4) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) technological and economical feasibility; (3) reasonable cost-benefit relationship; (4) cost-effectiveness and minimal job loss; and (5) expression in objective criteria and desired performance. Prohibits citation for violation of a standard for which the employer has a variance pending. Revises standard priorities based on toxicity and numbers exposed. Requires a regulatory flexibility analysis for each standard promulgated. Requires minimization of time, efforts, and costs involved in retention, reporting, notifying, or disclosure of information required under such standards. (Sec. 5) Revises inspection provisions, including those relating to the authority of the Secretary of Labor and to recordkeeping requirements. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of 50 or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. (Sec. 6) Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. (Sec. 7) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 8) Revises enforcement procedures with respect to notification of deadlines for employer contests of citations before the Occupational Safety and Health Review Commission. Places the burden of proof on the Secretary in all hearings before the Commission relating to a contested citation. Revises judicial review provisions to require the court to make its own determination as to questions of law, including the reasonable interpretation of standards, and to not accord deference to either the Commission or the Secretary. (Sec. 9) Revises procedures for discrimination protection for whistle-blowers under OSHA. Directs the Secretary to attempt to eliminate the alleged violation by informal methods before bringing an action in any appropriate U.S. district court against an employer. Allows an employer against whom such an action is brought to demand that the issue of discrimination be determined by jury trial. Makes such provisions the exclusive means of securing a remedy for any aggrieved employee. Provides that any records of the Secretary relating to such investigations and enforcement proceedings shall not be subject to inspection and examination by the public while open or pending in the U.S. district court. (Sec. 10) Provides for special enforcement procedures through which the Secretary can require an employer to correct a condition of imminent danger to employees. (Sec. 11) Requires the Secretary of Labor to establish small business assistance and training programs, including: (1) model injury prevention programs, completion of which qualifies employers for certain exemptions and reductions in penalties; (2) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (3) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such worksite-based incentives for voluntary compliance. (Sec. 12) Revises OSHA penalties in general. Limits the maximum amount of any civil penalty. Directs the Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for reduction or suspension of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. Provides that no employer shall be subject to any State or Federal criminal prosecution arising out of a workplace accident other than under specified OSHA criminal penalty provisions. (Sec. 13) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA. (Sec. 14) Directs the Secretary of Labor to conduct a continuing comprehensive economic impact analysis of the costs and benefits of each standard in effect under OSHA and to report the results biennially to the Congress. (Sec. 15) Makes certain restrictions (including penalties for unfair labor practices) under the National Labor Relations Act inapplicable to employer involvement with employee health and safety committees.
United States · United States Congress · 18 March 1997
Prohibits the Secretary of Housing and Urban Development from establishing a national housing occupancy standard for five years. Provides that during such period: (1) a State-established standard shall be presumed reasonable for purposes of determining familial status discrimination and the Secretary shall not decertify a State or local public agency based upon such standard or its operation; and (2) in the absence of a State standard a two-person per bedroom standard shall be deemed reasonable.
United States · United States Congress · 14 March 1997
Victims' Rights Clarification Act of 1997 - Amends the Federal criminal code to prohibit a United States district court from ordering the exclusion of any victim of an offense from the trial of the accused defendant on the basis that the victim may, during the sentencing phase: (1) make a victim impact statement or present any victim impact information in relation to the sentence; or (2) testify as to the effect of the offense on the victim or the victim's family. Specifies that the fact that a victim attended or observed the trial in accordance with applicable statutes, rules, or other provisions of law shall not be construed to create a danger of creating unfair prejudice, confusing the issues, or misleading the jury. Makes this Act applicable to pending cases.
United States · United States Congress · 13 March 1997
Expresses the sense of the Congress that cost-of-living adjustments for Federal retirees should be paid beginning in January of each year, as current law prescribes, and should not be delayed, whether as part of a budget agreement or otherwise.
United States · United States Congress · 12 March 1997
Congressional Responsibility Act of 1997 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 3 March 1997
Mandates Information Act of 1997 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates.
United States · United States Congress · 27 February 1997
Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1997 - Prohibits the Secretary of Commerce (acting through the National Institute of Standards and Technology or otherwise) from promulgating or enforcing regulations, or otherwise adopting standards or carrying out policies: (1) that result in encryption standards intended for use by businesses or entities other than Federal computer systems; or (2) in a manner inconsistent with this Act, or that have the effect of imposing Government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities. (Sec. 5) Prohibits the Federal and State governments from: (1) restricting or regulating the interstate sale by any person of any product designed to provide encryption capabilities; or (2) requiring, as a condition of such a sale, that a decryption key, or access to a decryption key, be given to any other person (including a Federal agency or a private entity certified or approved by the Federal or a State government). Grants the Secretary exclusive authority to control exports of all computer hardware, software, and technology with encryption capabilities, except that which is specifically designed or modified for military use, including command, control, and intelligence applications. Requires only a general license (with limited exceptions) for the export or reexport of any: (1) computer software, including that with encryption capabilities, that is generally available, as is, and designed for installation by the purchaser, or (2) that is available on enactment of this Act or becomes legally available thereafter in the public domain (including on the Internet) or publicly available because it is generally accessible to the public in any form; or (3) computing device or computer hardware solely because it incorporates or employs in any form such computer software (including that with encryption capabilities). Directs the Secretary to authorize the export or reexport of computer software with encryption capabilities under a general license for nonmilitary end-uses in any country to which exports of software or hardware of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software and hardware will be diverted to a military end-use or an end-use supporting international or domestic terrorism, modified for military or terrorist end-use, including acts against the national security, public safety, or the integrity of the transportation, communications, or other essential systems of interstate commerce in the U.S., or reexported without requisite Federal authorization, or intentionally used to evade enforcement of U.S. law or taxation by the U.S. or by any State or local government. Requires that the publisher or manufacturer of computer software or hardware with encryption capabilities shall disclose (for reporting purposes only) within 30 days after export, to the Secretary such information regarding a program's or product's encryption capabilities as would be required for an individual license to export that program or product. Prohibits requiring or permitting the Secretary to impose any conditions or reporting requirements as a precondition to the exportation of any such product or program. (Sec. 6) Establishes an Information Security Board comprised of representatives of agencies within the Federal Government responsible for or involved in the formulation of information security policy, including export controls on products with information security features (including encryption) to: (1) provide a forum to foster communication and coordination between industry and the Federal Government; and (2) foster the aggregation and dissemination of general, nonproprietary, and nonconfidential developments in important information security technologies, including encryption. Requires that the Board shall regularly report such information to appropriate Federal agencies to keep law enforcement and national security agencies abreast of emerging technologies so they are able effectively to execute their responsibilities and cause such information (other than classified, proprietary, or confidential information) to be published from time to time and made available to the public. Directs the Secretary to establish quarterly meetings between the Board and representatives from the private sector with interest or expertise in information security, including cryptographers, engineers, and product managers. Permits the Board to meet at any time with one or more representatives of any person involved in the development, production, or distribution of encryption technology or of computing devices containing encryption technology. Declares that nothing in this Act may be construed to affect any law intended to prevent the: (1) distribution of descramblers and any other equipment for illegal interceptions of cable and satellite television signals; (2) illegal or unauthorized distribution or release of classified, confidential, or proprietary information; or (3) enforcement of Federal or State criminal law.
United States · United States Congress · 27 February 1997
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 26 February 1997
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1997 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 103) Specifies that any individual who has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual meets one of the following conditions: (1) has a blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that the following conditions be met with respect to such individual: (1) the individual submit to the Secretary of Health and Human Services written medical documentation that the individual has an HIV infection; (2) a petition for payment be filed with the Secretary by or on behalf of such individual; and (3) that the Secretary determine that the claim meets the requirements of this Act. (Sec. 105) Specifies that any right under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. (Sec. 106) Prohibits the Secretary from making any payment with respect to any petition filed under this Act unless the petition is filed within three years after the enactment of this Act. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment from being considered income or resources in determining a class member's eligibility for, or the amount of: (1) medical assistance under the Medicaid program; or (2) benefits under the Supplemental Security Income program. Defines the terms: (1) "class member"; and (2) "settlement payment.
United States · United States Congress · 26 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers . States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if: (1 ) the claimant named or joined the biomaterials supplier; and (2) the court finds the claim to be without merit and frivolous.
United States · United States Congress · 26 February 1997
Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit the House of Representatives or the Senate from considering any bill, joint resolution, amendment, motion, or conference report that increases a tax and applies such increase to taxable years beginning before the date of the enactment of the law (retroactive tax increases). Provides that a point of order raised under any such measure may be waived only by a three-fifths vote in the Senate.
United States · United States Congress · 26 February 1997
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to mandate a fine or imprisonment for any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
United States · United States Congress · 25 February 1997
Law Enforcement Officers' Bill of Rights Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except if on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply if an officer is under investigation that could lead to disciplinary action. Includes as rights of officers under investigation, the right to be notified of the investigation within a reasonable time after the commencement of the investigation and to be informed in writing of the investigative findings and any recommendation for disciplinary action. Requires that the questioning of such an officer be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation not less than 72 hours before any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel). Requires, with respect to an investigation of a law enforcement officer that results in a recommendation of disciplinary action, notice of an opportunity for a hearing, a determination of a violation, time limits for filing disciplinary charges, and notice of the filing of charges. Sets forth additional disciplinary action provisions regarding representation entitlement, provision of a hearing board and procedures, access to evidence, identification of witnesses, entitlement to a copy of the investigative file (except that the law enforcement agency may exclude confidential sources unless the officer is entitled to such sources), examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 25 February 1997
Directs the Secretary of the military department concerned to pay an annuity to the qualified surviving spouse of each member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a member of the reserves during the period beginning on September 21, 1972, and ending on October 21, 1978, and at the time of death would have been entitled to retired pay but for being under 60 years of age. Defines a qualified surviving spouse as one who has not remarried and is not entitled to an income supplement available to certain widows of retired military personnel. Sets the annuity amount at $165 monthly, reduced by the amount of any monthly dependency and indemnity compensation to which the surviving spouse is entitled. Terminates on September 30, 2001, the authority to pay such annuities.
United States · United States Congress · 13 February 1997
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for the: (1) National Highway System (NHS); (2) Surface Transportation Program (STP); and (3) Federal Lands Highway Program, including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 4) Defines "highway funds" as funds apportioned and allocations authorized under this Act for the fiscal year and funds allocated to a State for the preceding fiscal year for Federal-aid highways and highway safety construction. Revises the apportionment of NHS funds to allocate one third of one percent (previously, one percent) to U.S. territories and possessions, and the remaining 99 and two-thirds percent among the States according to a formula based on population density. Includes bridge construction and related activities among eligible NHS projects. (Sec. 5) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 6) Includes bridge construction and related activities as an eligible activity within the streamlined STP. Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, or for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation limitation relating to the type of ambient air quality standard addressed by such project. Requires a State, for each fiscal year, to allocate an amount determined according to a specified formula (based on FY 1995 funds) for transportation enhancement activities. Revises State certification procedures. (Sec. 7) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent estimate prepared by the Secretary of Commerce, while apportionment factors shall be determined on the basis of the most recent data certified by the Secretary. (Sec. 8) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 10) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program under which the Secretary shall apportion among the States amounts sufficient to ensure that the ratio of the highway funds of a State to highway funds of all States for the fiscal year is not less than the adjustment percentage specified for that State under this Act. Requires each State to receive additional apportionments so that its percentage of highway funds is not less than 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund. Repeals: (1) existing apportionment adjustment programs; and (2) set-asides for interstate discretionary projects. (Sec. 12) Reduces from 3.75 to 2.0 the percentage of program funds authorized to be set aside for administrative costs. (Sec. 13) Sets forth provisions regarding permissible transfers of unobligated balances of funds apportioned to a State for: (1) congestion mitigation and air quality improvement; (2) interstate construction and maintenance; (3) bridge replacement and rehabilitation; and (4) the STP.
United States · United States Congress · 13 February 1997
Language of Government Act of 1997 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 12 February 1997
National Geologic Mapping Reauthorization Act of 1997 - Amends the National Geologic Mapping Act of 1992 to establish a national cooperative geologic mapping program between the U.S. Geological Survey and State geological surveys. Establishes a geologic mapping advisory committee to advise the Director of the U.S. Geological Survey on planning and implementation of the geological mapping program. Authorizes appropriations.
United States · United States Congress · 12 February 1997
Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends titles XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services) of the Social Security Act to prohibit payment (or use of block grant funds) for any item or service furnished to cause the death of any individual. Provides for the treatment of advance directives. Amends the Indian Health Care Improvement Act to prohibit the use of appropriated funds to cause the death of any individual. Amends Federal law relating to members and certain former members of the uniformed services and to dependents of members to prohibit furnishing (or including coverage under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for) any item or service to cause the death of any individual. Amends Federal law relating to contracting for government employees' health benefit plans to prohibit including coverage for any item or service to cause the death of any individual. Amends Federal law relating to health care for Peace Corps volunteers to prohibit providing any item or service to cause the death of any individual. Amends Federal criminal code provisions relating to medical and other services to the Federal penal and correctional institutions to prohibit furnishing any item or service to cause the death of any individual. Amends the District of Columbia Self-Government and Governmental Reorganization Act to prohibit the use of funds appropriated under specified provisions of that Act for any item or service to cause the death of any individual.
United States · United States Congress · 12 February 1997
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than three times. Bars any person who has been: (1) a Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) a Representative for more than a year of a term to which another person was elected from being subsequently elected more than twice.
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
Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to require that a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, for purposes of voting for an office of the United States or of a State, be deemed to have: (1) lost a residence or domicile in that State; (2) acquired a residence or domicile in any other State; or (3) become resident in or a resident of any other State. Amends the Uniformed and Overseas Absentee Voting Act to require States, with respect to elections for State and local offices, to permit absentee voting by uniformed services members.
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 · 30 January 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Energy Title II: Energy Laboratories Subtitle A: National Defense Laboratories Subtitle B: Nondefense Energy Laboratories Title III: Power Marketing Administrations Title IV: Transfer and Disposal of Reserves Subtitle A: Strategic Petroleum Reserve Subtitle B: Naval Petroleum Reserves Title V: National Security and Environmental Management Programs Title VI: Environmental Restoration Activities at Defense Nuclear Facilities Title VII: Civilian Radioactive Waste Management Title VIII: Miscellaneous Provisions Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator. (Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after enactment of this Act. (Sec. 107) Amends the Department of Energy Organization Act to restore the Federal Energy Regulatory Commission (FERC) as an independent agency. (Sec. 108) Transfers to the Secretary of the Interior all functions of: (1) the Administrator of the Energy Information Administration; (2) certain DOE civilian energy research programs; and (3) specified DOE science and technology programs. (Sec. 109) Transfers all functions of the Administrator of the Energy Regulatory Administration to the Attorney General. (Sec. 110) Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the functions. Title II: Energy Laboratories - Subtitle A: National Defense Laboratories - Transfers the functions of the Lawrence Livermore, Los Alamos, and Sandia National Laboratories to the Under Secretary of Defense for Nuclear Programs (established by title V). Subtitle B: Nondefense Energy Laboratories - Transfers to the National Science Foundation all functions of the Secretary of Energy relating to nondefense energy laboratories. (Sec. 213) Establishes the Nondefense Energy Laboratory Commission as an independent body to recommend to the Congress disposition options (reconfiguration, privatization, closure, or transfer) for nondefense energy laboratories, programs, or any of the basic science programs. Authorizes appropriations. Prescribes procedural guidelines for fast track congressional consideration of the Commission's report. (Sec. 216) Sets deadlines for closure of all nondefense energy laboratories and basic science programs unless the Congress has approved other specified dispositions. (Sec. 218) Establishes the Energy Laboratory Facility Closure Account to fund implementation of disposition actions. Title III: Power Marketing Administrations - Transfers to the Secretary of the Army (acting through the Chief of Engineers of the Army Corps of Engineers) all functions of the Administrators of: (1) the Bonneville Power Administration; (2) the Southeastern Power Administration; (3) the Southwestern Power Administration; and (4) the Western Area Power Administration. (Sec. 303) Directs the Comptroller General to study and report to the Congress on: (1) specified aspects of such power administrations; and (2) recommended final disposition alternatives. Expresses the intent of the Congress that: (1) any purchaser of facilities shall be required to maintain any contracts with customers in force as of the effective date; and (2) any sales of such facilities be executed so as to minimize the impact on the ultimate ratepayers. Title IV: Transfer and Disposal of Reserves - Subtitle A: Strategic Petroleum Reserve - Transfers to the Secretary of Defense all functions performed by the Secretary of Energy regarding the Strategic Petroleum Reserve, including the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve. Instructs the Secretary of Defense to submit to the Congress a plan for the disposal of the Strategic Petroleum Reserve within a specified timeframe, including a plan for disposal of the reserves held at Weeks Island, Louisiana. Subtitle B: Naval Petroleum Reserves - Transfers to the Administrator of the Energy Programs Resolution Agency all functions performed with respect to the naval petroleum reserves, except Naval Petroleum Reserve Numbered 1 (Elk Hills). Instructs the Administrator to develop a joint plan with the Secretaries of the Interior and of the Army for disposal of the naval petroleum reserves within a specified timeframe. Title V: National Security and Environmental Management Programs - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs. (Sec. 502) Identifies the Under Secretary as the Staff Director of the Nuclear Weapons Council. (Sec. 503) Transfers to the Under Secretary all national security supervisory functions previously performed by: (1) DOE over defense, nonproliferation, and defense-related environmental management programs, and the Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) the Defense Nuclear Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board. Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary. (Sec. 504) Places restrictions upon the transfer of funds by the Agency. Title VI: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities for consistency with such Act. (Sec. 601) Sets forth guidelines for site-specific risk assessment and an analysis of risk reduction benefits and costs, which shall be conducted before the selection of a remedial action at a defense nuclear facility. (Sec. 603) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency, and the relevant State in order to have it reflect this Act. Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer its authority and assets to the Army Corps of Engineers (the Corps). Requires: (1) the Corps to assume all obligations of the Office affecting the Yucca Mountain site; and (2) reissuance of Nevada State permits for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan. (Sec. 702) Amends the Nuclear Waste Policy Act of 1982 to reaffirm that the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning by January 31, 1998, is absolute and is not dependent on commencement of operation of a repository or a monitored retrievable storage facility. States that such obligation shall be neither voided nor delayed for any reason. Repeals: (1) the site selection limitation placed upon the siting of a monitored retrievable storage facility; and (2) the licensing conditions placed upon such facility. (Sec. 703) Prescribes procedural guidelines for the licensing and expansion of an initial uranium storage facility. Title VIII: Miscellaneous Provisions - Sets forth miscellaneous implementing provisions, conferring upon the Office of Management and Budget authority to make any determination regarding functions transferred under this Act and incidental transfers.
United States · United States Congress · 28 January 1997
Persian Gulf War Veterans Compensation Act of 1997 - Extends until ten years after the date on which a veteran last performed active military duty in the Persian Gulf War the time period in which a chronic disability resulting from an undiagnosed illness must become manifest and be therefore compensable through veterans' disability compensation. (Currently, the presumptive time period is to be determined by the Secretary of Veterans Affairs.)
United States · United States Congress · 22 January 1997
Amends the Federal criminal code to set a five-year mandatory minimum sentence for possessing (currently, for using or carrying) a firearm during the commission of a crime of violence or a drug trafficking crime, to set a ten-year mandatory sentence if the firearm is discharged, to impose a sentence of life imprisonment or death if the death of any person results, and to require a minimum mandatory sentence of 25 (currently, 20) years for second or subsequent convictions of such an offense.
United States · United States Congress · 22 January 1997
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Savings and Investment Incentive Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code, with respect to the Individual Retirement Deduction (IRA), to increase the income limits applicable to active participants. Removes limitations on a spouse's participation. (Sec. 102) Provides an inflation adjustment for the deductible amount. (Sec. 103) Revises provisions concerning the allowance of certain coins and bullion as IRA investments. Subtitle B: Nondeductible Tax-Free IRAs - Permits individuals to establish IRA Plus accounts which shall be treated similarly to an IRA plan. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including excluding qualified distributions from gross income). Title II: Penalty-Free Distributions - Permits distributions without penalty for qualified: (1) first home purchases; (2) higher education expenses; (3) unemployed individuals; and (4) medical expenses of specified relatives.
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
TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Juvenile Gangs Title III: Juvenile Crime Control and Accountability Violent and Repeat Juvenile Offender Act of 1997 - Title I: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 102) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 103) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 106) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution applicable to adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 109) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 110) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 111) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Title II: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 203) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this title's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 204) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 205) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 206) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 208) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 209) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in criminal division of the Department of Justice to prosecute juvenile criminal street gangs. Title III: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this title. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this title. (Sec. 303) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 307) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of Violent Crime Control and Law Enforcement Act of 1994; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 308) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 309) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the Internal Revenue Code, to be used for Federal programs to combat youth violence.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: State Role Title III: Community Participation Title IV: Selection of Remedial Actions Title V: Liability Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Subtitle A (sic): General Provisions Superfund Cleanup Acceleration Act of 1997 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish programs to provide grants to eligible entities (including local government units, redevelopment agencies, and Indian tribes) for site characterization and assessment of, and capitalization of loan funds for response actions at, brownfield facilities. Defines a "brownfield facility," with exceptions, as a parcel of land that contains an abandoned, idled, or underused commercial or industrial facility, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs. (Sec. 102) Adds CERCLA provisions requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. (Sec. 103) Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases subject to a State remedial action plan. (Sec. 104) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 105) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 106) Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person establishes that inquiries were undertaken in accordance with specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator). Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity. Lists factors for consideration in issuance of interim standards by the Administrator. Title II: State Role - Adds CERCLA provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions in the following categories with respect to one or more non-Federal National Priorities List (NPL) facilities in the State: (1) technical investigations, evaluations, and risk analyses; (2) alternatives development and remedy selection; (3) remedial design; (4) remedial action and operation and maintenance; and (5) information collection and liability allocation. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and recovery and deposit of response costs. Allows withdrawal of delegated authority. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Community Participation - Directs the Administrator to establish Community Response Organizations to solicit views of, and communicate on behalf of, the community on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant at a facility on the State Registry or the NPL. Title IV: Selection of Remedial Actions - Revises remedial action selection and implementation procedures to require the Administrator to select a cost-effective action that complies with applicable Federal and State standards and that achieves the goals of protecting human health and the environment if: (1) with respect to human health, considering expected exposures associated with actual or future use of the land and water resources, and on the basis of a facility-specific risk evaluation (described in this Act), the action achieves a specified residual health risk of hazardous substance exposure; (2) with respect to the environment, the action protects the sustainability of ecosystems and does not pose a greater threat than a release; and (3) the action achieves certain groundwater protection standards. Permits waiver of compliance with Federal or State standards for reasons including improper identification of standards, technical impracticability, and immediacy of other threats. Permits waiver of prescribed remedy selection criteria if the achievement of the human health and environmental protection goals is technically impracticable. Prescribes groundwater protection criteria applicable to cost effective remedial action plans, considering actual or future use of the resource and attenuation or biodegradation that would otherwise occur. (Sec. 403) Adds provisions regarding the use and requirements of facility-specific risk evaluations. Requires the Administrator to issue regulations that: (1) promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action; and (2) establish presumptive remedial actions for commonly encountered types of facilities with reasonably well understood contamination and exposure problems. (Sec. 404) Establishes procedures, in lieu of those under any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and de-listing of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires five-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules applicable to facilities involved in remedy selection on the date of enactment of this Act. (Sec. 407) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. States exceptions. Title V: Liability - Creates exceptions and limitations to liability for response costs at NPL-listed facilities for: (1) arrangements for disposal or treatment of municipal solid waste or sewage sludge; (2) certain de minimis contributors; (3) small businesses; and (4) codisposal landfills (certain municipal solid waste or sewage sludge landfills that may have received hazardous waste and that contain in substantial proportion municipal solid waste or sewage sludge transported from outside the facility). (Sec. 502) Permits contribution from the Fund of response costs to persons who are subject to abatement orders or have entered into settlement decrees but are not liable for such costs by reason of an exception or limitation. (Sec. 503) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation procedures, including effect on litigation and enforcement, time frames, consideration of equitable factors, orphan shares, and information gathering. (Sec. 504) Excludes response action contractors from the definition of "owner or operator." Revises the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 505) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law states no time frame for public disclosure.) Requires abatement orders and settlement agreement notices to contain information concerning the evidence of the presence of each element of liability for response costs. (Sec. 506) Absolves persons who have reached a settlement with the United States or a State from liability for claims for cost recovery (in addition to contribution, as under current law). (Sec. 507) Adds provisions to include tax-exempt religious, charitable, scientific, and educational organizations as owner-operators and limits the liability of such organizations with respect to facilities received as charitable gifts. (Sec. 508) Revises liability for acts of third parties in contractual arrangements for rail transportation. (Sec. 509) Adds provisions limiting the liability of railroad owners or operators of spur track. (Sec. 510) Adds provisions limiting the liability of recyclers. Title VI: Federal Facilities - Revises provisions governing the transfer of CERCLA authorities vested in the Administrator to allow States to apply to exercise such authorities at any NPL-listed Federal facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Absolves U.S. officers, employees, or agents for failure to comply with a requirement to take a response action at a Federal facility under CERCLA, the Solid Waste Disposal Act, or any other Federal or State law unless: (1) such person has not fully performed any direct or delegated responsibility to ensure inclusion in the President's budget request of sufficient response action funds; or (2) appropriated funds were available for such purpose. (Sec. 603) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: Natural Resource Damages - Adds requirements that sums recovered by an Indian tribe for natural resources damages be used only for restoration, replacement, or acquisition of the equivalent natural resources and that all such replacements (whether by the United States, a State, or a tribe) meet certain technological feasibility and reasonable cost standards. Imposes restrictions on the measure of damages to limit liability, including one for reasonable costs. (Sec. 702) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource injury and restoration assessment. Revises procedures for the issuance, and the required contents, of regulations regarding damage assessments. (Sec. 703) Requires, when both response actions and restoration measures are implemented at the same facility, that they be consistent with each other and carried out in a coordinated manner. Requires the Administrator, when evaluating and selecting remedial actions, to consider potential natural resources injuries resulting from the actions. (Sec. 704) Allows a court, in resolving contribution claims, to allocate natural resource damages (in addition to response costs, as under current law) among liable parties. Title VIII: Miscellaneous - Requires the National Contingency Plan to include procedures for conducting response actions which use a results-oriented approach and which meet certain other timeliness and cost-effectiveness criteria. Requires the Administrator to amend the National Hazardous Substance Response Plan to include these procedures. (Sec. 802) Limits new NPL listings according to a specified schedule, allowing no more than ten annual additions of vessels and facilities after the year 2000. Requires prioritization of, and State concurrence in, additions. (Sec. 803) Amends the criteria for continuance of Fund obligations over a specified amount for response actions to: (1) state that remedial actions are those selected or anticipated at the time of a removal action at a facility; (2) increase the cut-off amount from $2 million to $4 million; and (3) increase the cut-off time period from 12 months to two years. Title IX: Funding - Subtitle A: General Provisions (sic) - Authorizes appropriations from the Fund of $8.5 billion for FY 1998 through 2002. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities for FY 1998 through 2002. (Sec. 904) Sets the following annual limitations on amounts available for FY 1998 through 2002: (1) $30 million for alternative or innovative technologies research, development, and demonstration programs; (2) $37 million, increasing $2 million per year through FY 2000, and $43 million for each of FY 2001 and 2002, for hazardous substance research, demonstration, and training; and (3) $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2002. (Sec. 906) Sets limits on funding of community response organizations. Specifies that collected response cost recoveries will be credited to the Fund as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
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
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
United States · United States Congress · 21 January 1997
Drug Use Prevention Act of 1997 - Amends: (1) the Social Security Act to exclude individuals and entities from participation in Medicare and State health care programs (participation) for administering, dispensing, or recommending the use of marihuana to an individual in violation of Federal or State law; and (2) the Controlled Substances Act (CSA) to direct the Attorney General to deny an application for registration, or revoke a registration, of a practitioner to dispense, or conduct research with, controlled substances upon a finding by the Attorney General that the applicant practitioner administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law or that the applicant practitioner has been excluded (or directed to be excluded) from participation for illegally dispensing marihuana. Deems a practitioner to have "recommended" the use of marihuana if he or she offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity. Amends the CSA to prohibit: (1) an individual from acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana; and (2) a practitioner from prescribing, dispensing, or recommending the use of marihuana. Directs that, in addition to any other applicable penalty, any practitioner who violates the CSA by prescribing, dispensing, or recommending the use of marihuana to a person under age 21 be sentenced to up to eight years' imprisonment, fined up to $60,000, or both.
United States · United States Congress · 21 January 1997
Fairness in Musical Licensing Act of 1997 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Applies the infringement exemption for the performance of a nondramatic musical work at an annual agricultural or horticultural fair or exhibition to such performance at agricultural or horticultural fairs, exhibitions, conventions, meetings, and events. Excludes as a copyright infringement the performance of a nondramatic musical work: (1) by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance; and (2) at an organized children's camp if the children in attendance sing, dance, or participate in all or a portion of such work, or when the performance is of an instructional nature. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming period license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. Sets forth provisions regarding prices of such licenses. Authorizes radio broadcasters entitled to a per programming period license to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
United States · United States Congress · 21 January 1997
Extends veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such an individual as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of a certificate of honorable discharge to an individual who performed qualified service. Deems qualified service to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for benefits provided under this Act; and (2) an application processing fee.
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.
![Official portrait of Sen. Inhofe, James M. [R-OK]](https://www.congress.gov/img/member/i000024_200.jpg)