United States · United States Congress · 10 April 1997
TABLE OF CONTENTS: Title I: Estate Tax Provisions Title II: Income Tax Treatment Family Forestland Preservation Tax Act of 1997 - Title I: Estate Tax Provisions - Amends the Internal Revenue Code to exclude from a gross estate, for estate tax purposes, the value of a qualified conservation contribution. Provides a special estate tax valuation based on the use of a decedent's forestland in timber operations. Provides for the recapture of estate tax if such real property is disposed of by an heir or devisee and for failure to use the property in timber operations. Title II: Income Tax Treatment - Provides taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from gross income the applicable percentage of qualified timber gain from the sale or exchange of property used in timber operations to a governmental unit for conservation purposes. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours.
United States · United States Congress · 9 April 1997
Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 9 April 1997
Condemns the terrorist grenade attack outside the Cambodia National Assembly on March 30, 1997, and extends sympathies to the families of the persons killed or wounded. Calls upon the: (1) U.S. Government to offer the Cambodia Government assistance in identifying and prosecuting those responsible; and (2) Cambodia Government to accept such assistance and to expeditiously identify and prosecute such individuals.
United States · United States Congress · 8 April 1997
Child Health Insurance and Lower Deficit Act - Amends the Public Health Service Act to authorize each State to establish a children's health insurance program. Requires participating States to contract with insurance issuers, ensure that policies are available to all eligible children, and provide certain premium and cost sharing payments. Mandates coverage equivalent to the medical assistance available under title XIX (Medicaid) of the Social Security Act. Requires each participating State, for each area served by a health center, to contract directly with the health center for direct services. Bases eligibility on family income (as a percentage of the poverty line), with assistance paid to the issuer (or, for a child receiving direct services, to the provider). Regulates the amount of grants to States. Provides for taking into account cost variations among States. Authorizes appropriations. Allows a State to use up to a specified percentage of the grants to meet the needs identified in the statewide needs assessments prepared under provisions of the Social Security Act relating to preventive and primary care services for pregnant women, mothers, and infants up to age one. Prohibits an employer that elects to make health coverage contributions from conditioning or varying the contributions because of an individual's eligibility for assistance under provisions of this Act. Provides for the application of specified provisions of title XXVII (Assuring Portability, Availability, and Renewability of Health Insurance Coverage) of the Public Health Service Act relating to preexisting conditions, portability, eligibility, guaranteed availability, and network plans and financial capacity.
United States · United States Congress · 20 March 1997
Commuter Choice Act of 1997 - Amends the Internal Revenue Code to permit an employee to elect to receive taxable cash compensation in lieu of nontaxable parking benefits.
United States · United States Congress · 20 March 1997
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: Requiring Consideration of the Health and Safety of a Child in Foster Care and Adoption Placements Title II: Enhancing Public Agency and Community Accountability for the Health and Safety of Children Title III: Incentives for Providing Permanent Families for Children Title IV: Promotion of Innovation in Ensuring Safe and Permanent Families Title V: Miscellaneous Safe Adoptions and Family Environments Act - Title I: Requiring Consideration of the Health and Safety of a Child in Foster Care and Adoption Placements - Amends the Social Security Act to include a child's safety among the requisite features of a State plan for child welfare services addressing foster care and adoption placements. (Sec. 102) States that to be eligible for Federal payments a State shall enact and enforce laws that specify cases in which: (1) the State is not required to make efforts at reunification of the child with its parents because of circumstances that endanger the child's health or safety; and (2) there are grounds for expedited termination of parental rights without prior reunification attempts due to such circumstances. (Sec. 104) Requires the Secretary of Health and Human Services to establish a Federal child death review team, and States to establish their own State child death review teams, meeting specified criteria, in order to remain eligible for Federal funds. Title II: Enhancing Public Agency and Community Accountability for the Health and Safety of Children - Directs the Secretary, acting through the Administrator of the Administration for Children, Youth and Families and the Director of the Center for Substance Abuse Prevention, to disseminate to State child welfare agencies and substance abuse prevention and treatment agencies an inventory of all Federal programs that may provide funds for substance abuse prevention and treatment services for families receiving services from public child welfare agencies. Amends the Public Health Service Act and the Social Security Act to condition Federal grant eligibility upon a report by State substance abuse prevention and treatment agencies and State child welfare agencies to the Secretary on their joint conduct of prevention and treatment services for their clientele. Requires the Secretary to report to certain congressional committees on their programs. (Sec. 203) Amends the Social Security Act to authorize foster care maintenance payments for children placed with a parent in certain residential treatment programs. (Sec. 204) Modifies the guidelines governing Federal reimbursement of State staff training expenditures. (Sec. 205) Requires State plans for foster care and adoption assistance to: (1) provide procedures for criminal records checks for any prospective foster parent, adoptive parent, or for any employee of a child-care institution; and (2) develop and implement State guidelines to ensure safe, quality care for children residing in out-of-home care settings. Title III: Incentives for Providing Permanent Families for Children - Mandates that State plans for foster care and adoption assistance include: (1) requirement of reasonable efforts to place the child in a permanent home in a timely manner; and (2) documentation of such efforts within the case plan and case review system. Mandates permanency planning hearings. (Sec. 303) Redraws the eligibility guidelines governing children with special needs. (Sec. 304) Includes within permissible foster care maintenance payments reimbursement to the State for reunification services. (Sec. 305) Directs the Secretary to appoint an advisory panel to study and report on specified interjurisdictional adoption issues. Title IV: Promotion of Innovation in Ensuring Safe and Permanent Families - Sets forth procedural guidelines for innovation grants awards to reduce the backlogs of children awaiting adoption or long-term foster care. (Sec. 602) Increases from 10 to 15 the authorized number of State child protection demonstration projects. Title V: Miscellaneous - Sets forth the effective dates of this Act.
United States · United States Congress · 20 March 1997
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 19 March 1997
Amends the Internal Revenue Code to specify the rate of tax on draft cider containing certain percentages of alcohol. Excludes the tax from the credit for small domestic producers.
United States · United States Congress · 13 March 1997
Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) non-Amtrak States.
United States · United States Congress · 13 March 1997
Celebrates the 25th anniversary of the first amendment to the Older Americans Act of 1965 to establish a nutrition program for older individuals. Recognizes that nutrition programs carried out under such Act continuously have made an invaluable contribution to the well-being of older individuals.
United States · United States Congress · 11 March 1997
TABLE OF CONTENTS: Title I: Collection, Storage, and Analysis of DNA Samples Title II: Disclosure of Genetic Information to Third Persons Title III: Authorization by Written Informed Consent Title IV: Discrimination Prohibited Title V: Research Activities Title VI: Miscellaneous Provisions Title VII: Enforcement Title VIII: Effective Date; Applicability; and Relationship to Other Laws Genetic Confidentiality and Nondiscrimination Act of 1997 - Title I: Collection, Storage, and Analysis of DNA Samples - Allows DNA collection only with written authorization and after specified notice. Allows storing or conducting a DNA analysis only in accordance with the authorization and notice. Title II: Disclosure of Genetic Information To Third Persons - Allows genetic information disclosure and redisclosure only with written authorization. Entitles an individual to inspect and receive a copy of his or her genetic information. Provides for amendment of records and for disclosures pursuant to compulsory process. Title III: Authorization by Written Informed Consent - Regulates collection and disclosure authorizations. Title IV: Discrimination Prohibited - Prohibits an employer from requesting, requiring, or using genetic information of an employee or prospective employee to restrict any right or benefit otherwise due or available. Allows an employer to request, require, or use genetic information to: (1) permit a genetically susceptible employee to avoid occupational mutagenic or teratogenic exposure; or (2) determine a genotype that is otherwise directly related to the work and is consistent with business necessity. (Sec. 402) Prohibits health insurers from discriminating on the basis of any molecular genetic information about a healthy individual or a healthy family member, or on the basis of a request for or receipt of genetic services. Prohibits insurers from requiring genetic testing or questioning. Provides for enforcement. Title V: Research Activities - Allows DNA analysis as part of a research project only if an Institutional Review Board, or similar board in the research industry, has made specified determinations. Requires destruction of samples at completion of the project or withdrawal of the subject unless specific authorization is obtained to store after that date. Sets forth rules for pedigree or linkage analysis. Regulates disclosure for research purposes. Title VI: Miscellaneous Provisions - Requires annual notification of employees of a person who collects, stores, or analyzes DNA regarding their responsibilities under this Act and related penalties. Regulates the transfer of samples or information, including regarding discontinuance of services. Title VII: Enforcement - Provides for a private right of action by any individual whose rights under this Act have been violated. Includes in damages: (1) in the case of negligent violations, actual damages, treble damages if there is profit or monetary gain, and costs and attorney's fees; and (2) in the case of willful violations, actual damages, punitive damages, and costs and attorney's fees. Provides, in the case of employment discrimination, for actual damages, treble damages if there is profit or monetary gain, and costs and attorney's fees. Authorizes actions by the Attorney General for injunctive relief and civil penalties. Title VIII: Effective Date; Applicability; and Relationship to Other Laws - Provides for the effective date and applicability of this Act. Prohibits a State from establishing or enforcing any disclosure law or regulation that does not conform to this Act.
United States · United States Congress · 5 March 1997
Provides for a specified increase in Federal judicial salaries. Amends the Federal judicial code to: (1) provide for annual judicial cost-of-living adjustments; and (2) base such adjustments upon the Federal General Schedule. Amends Federal law to repeal the requirement that the Congress must vote for judicial cost-of-living adjustments.
United States · United States Congress · 5 March 1997
Amends the Internal Revenue Code to: (1) impose a tax equal to 15 percent of the gross income received from the lease of any taxable outdoor advertising display; and (2) establish in the Treasury the Outdoor Advertising Program Trust Fund into which the revenues collected from the imposition of such tax shall be deposited. Amends Federal aid highway law to repeal a provision which allows outdoor advertising to be placed within a certain distance of unzoned commercial or industrial areas on or near the Interstate and primary highway systems. Prohibits: (1) any new sign, display, or device from being erected after the enactment of this Act in specified areas adjacent to such systems; and (2) compensation from being paid for the removal of such signs and related advertising, with exceptions. Requires funds for the control of outdoor advertising to be appropriated from the Fund. (Currently, such funds are authorized to be appropriated from the Treasury.) Provides that a State shall not be considered to have made provision for effective control of the erection and maintenance of signs along the Interstate and primary systems: (1) unless it maintains and annually submits to the Secretary of Transportation an inventory of all State signs for which such control is required; and (2) if it carries out or permits the removal of vegetation in, or alteration of, certain rights-of-way in order to improve the visibility of any sign located outside a right-of-way. Requires such State inventory to identify each sign that is located along a system highway designated as a scenic byway.
United States · United States Congress · 27 February 1997
Medicare Cancer Clinical Trial Coverage Act of 1997 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to the Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
United States · United States Congress · 27 February 1997
Amends title XI of the Social Security Act (SSA) to repeal the criminal penalty added by the Health Insurance Portability and Accountability Act of 1996 for the fraudulent disposition of assets in order to obtain Medicaid benefits under SSA title XIX.
United States · United States Congress · 26 February 1997
Rhino and Tiger Product Labeling Act - Amends the Endangered Species Act of 1973 to make it unlawful for persons to import into, or export from, the United States any product labeled as containing any listed endangered or threatened species of fish or wildlife (especially rhino and tiger).
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 · 25 February 1997
Access to Emergency Medical Services Act of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to require any group health plan which provides emergency health services to cover emergency services furnished to a plan participant: (1) without need for any prior authorization; (2) subject to stated exceptions, whether or not the physician or provider is plan participant; and (3) subject to stated exceptions, without regard to any other term or condition of the plan. Defines "emergency medical services" and related terms. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for the provision of the same benefits to Medicare and Medicaid plan participants. Provides for the establishment of guidelines by the appropriate Secretaries in order carry out the provisions of this Act. Directs the Secretaries to jointly establish an advisory panel to assist in the development of such guidelines.
United States · United States Congress · 13 February 1997
Expresses the sense of the Senate that the Secretary of Agriculture should consider acting immediately to modify the Basic Formula Price for dairy by replacing the National Cheese Exchange as a factor in setting such price.
United States · United States Congress · 11 February 1997
Medigap Portability Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental (Medigap) policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days), if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medigap policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medigap policy to conduct a consumer satisfaction survey of the enrollees under such contract or policy, and make the results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medigap policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants.
United States · United States Congress · 11 February 1997
Expresses the sense of the Senate that the Secretary of Agriculture should consider acting immediately to modify the Basic Formula Price for dairy by replacing the National Cheese Exchange as a factor in setting such Price, and to establish in its place an equivalent pricing mechanism more reflective of national dairy conditions.
United States · United States Congress · 10 February 1997
Teamwork for Employees and Managers Act of 1997 - Amends the National Labor Relations Act to declare that, where no labor organization is the representative of an employer's employees, it shall not be an unfair labor practice for the employer to establish, assist, maintain, or participate in an organization or entity: (1) in which employees participate to at least the same extent as management representatives to address matters of mutual interest (including issues of quality, productivity, and efficiency); and (2) which cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 5 February 1997
Interstate Compact - Texas Low-Level Radioactive Waste Disposal Compact Consent Act - Grants the consent of the Congress to the Texas Low-Level Radioactive Waste Disposal Compact entered into by the States of Maine, Texas, and Vermont.
United States · United States Congress · 5 February 1997
Bear Protection Act - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, purchasing, or possessing it with intent to sell or barter, transporting, acquiring, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Requires the Secretary of the Interior and the United States Trade Representative to discuss issues involving such trade with representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary to report to the Congress on the progress of efforts to end illegal trade in bear viscera.
United States · United States Congress · 4 February 1997
Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). (Sec. 2) Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 3) Revises provisions relating to the reconciliation process. (Sec. 4) Sets forth revised pay-as-you-go provisions for the Senate. (Sec. 5) Conforms provisions governing the President's budget to the biennial framework. (Sec. 6) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 7) Amends CBA to provide that it shall not be in order in the House of Representatives or the Senate to consider: (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the funds are to be spent is of less than two years duration; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution (but not including an appropriations measure or reconciliation bill) until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. Provides that, in the Senate, such point of order shall not apply to: (1) any measure that is privileged for consideration pursuant to a rule or statute; or (2) any matter considered in Executive Session. (Sec. 8) Directs the Comptroller General, during the second session of each Congress, to give priority to requests from Congress for audits and evaluations of Government programs and activities. (Sec. 9) Makes appropriations for the second year of a biennium necessary to continue, at the first year rate of operations, projects and activities funded by any regular appropriation Act that provides funding only for the first year of a biennium. (Sec. 10) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 11) Provides that it shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority under the jurisdiction of all of the subcommittees of the Committees on Appropriations for a period other than each of the fiscal years of the biennium. (Sec. 12) Requires the Director of the Office of Management and Budget to report to specified congressional committees on the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a two-year budget process based on the two-year period.
United States · United States Congress · 30 January 1997
TABLE OF CONTENTS: Title I: Additional Empowerment Zones Title II: New Empowerment Zones and Enterprise Communities Title III: Expensing of Environmental Remediation Costs Title I: Additional Empowerment Zones - Amends the Internal Revenue Code to increase from: (1) 9 to 11 the number of areas which may be designated as empowerment zones; (2) six to eight the number of such zones which may be in urban areas; and (3) 750,000 to 1,000,000 the aggregate population allowable in all urban area zones. Title II: New Empowerment Zones and Enterprise Communities - Permits, before January 1, 1998, the designation, in the aggregate, of an additional: (1) 80 nominated areas as enterprise communities; and (2) 20 nominated areas as empowerment zones, subject to availability of eligible nominated areas. Modifies eligibility criteria. Prohibits: (1) applying the employment credit to the new empowerment zones; and (2) in certain developable sites, application of increased expensing provisions for certain depreciable business assets. Modifies provisions concerning: (1) enterprise facility zone bonds; and (2) the enterprise zone business definition. Title III: Expensing of Environmental Remediation Costs - Permits a taxpayer to treat certain hazardous substance remediation expenditures as expenses not chargeable to capital account and therefore deductible in the year in which paid or incurred.
United States · United States Congress · 28 January 1997
Repeals amendments of the Communications Act of 1934 made by the Communications Decency Act of 1996 (such Act) relating to obscene and harassing use of telecommunications facilities and restores the amended provisions as in effect on the day before the enactment of such Act.
United States · United States Congress · 28 January 1997
TABLE OF CONTENTS: Title I: General Provisions Title II: Assistance for Education of All Children with Disabilities Title III: Systems Change Title IV: Research and Personnel Preparation Title V: Technical Assistance, Support, and Dissemination of Information Title VI: Infants and Toddlers with Disabilities Individuals With Disabilities Education Act Amendments of 1997 - Revises the Individuals with Disabilities Education Act (IDEA) and extends its authorization of appropriations through FY 2002. Title I: General Provisions - Revises IDEA to declare that the right to equal educational opportunities for all children with disabilities is guaranteed by the equal protection clause of the 14th amendment to the Constitution. (Sec. 103) Allows the office of Special Education Programs to accept voluntary and uncompensated services. (Sec. 104) Revises requirements for: (1) prescribing regulations; (2) eligibility for financial assistance; and (3) discretionary grant programs. Requires the Secretary of Education to develop and implement a comprehensive plan for activities under titles IV and V of this Act. Provides for specified enhanced services to children with disabilities. Lists entities eligible for awards. Authorizes the Secretary to limit, without rulemaking, competitions to projects that give priority to one or more targeted areas, if each project addresses the needs of children with disabilities and their families. Provides for application management, including a peer review process. Authorizes the Secretary to use certain funds for: (1) payments to non-Federal entities for administrative support; (2) Federal employees to monitor projects; and (3) evaluation of program activities carried out under these programs. (Sec. 107) Repeals IDEA provisions for: (1) acquisition of equipment and construction of necessary facilities; and (2) grants for the removal of architectural barriers. Title II: Assistance for Education of All Children with Disabilities - Revises entitlements and allocations for assistance for education of all children with disabilities. (See. 201) Authorizes States to determine whether to make subgrants smaller than a specified minimum amount to some local education agencies (LEAs). (See. 202) Revises and consolidates State eligibility and planning provisions. Provides that, if a child with a disability qualifies for special education, that child does not have to be classified by a specific impairment or condition. Requires the State educational agency (SEA) to: (1) examine data to determine if significant racial disproportionality is occurring in the identification or placement of children under IDEA; and (2) review and revise policies accordingly. Provides that, if a hearing officer agrees with the parents' unilateral placement of a child with a disability in a private school, the LEA may be required to reimburse the parents. Requires a non-educational agency, if it is responsible for services necessary to ensure a free appropriate public education for children with disabilities, to pay for or provide such services directly or by contract or other arrangements. Requires States to: (1) ensure that interagency agreements or other mechanisms are in effect between educational agencies and non-educational agencies for defining respective financial responsibilities, resolving interagency disputes, and interagency coordination; and (2) establish a mechanism by which LEAs may seek reimbursement from agencies for the costs of providing related services. Revises requirements for a comprehensive system of personnel development. Allows LEAs to use appropriately trained and supervised paraprofessionals. Requires States to: (1) establish performance goals and indicators for children with disabilities; (2) ensure that these children participate in general State and district-wide assessments, with appropriate accommodations, where necessary; and (3) develop guidelines for participation in alternative assessments for those children who cannot participate in such general State and district-wide assessments. Consolidates funding and public participation requirements. Revises requirements for State advisory panels and their duties. Repeals requirements for three-year State plans. (Sec. 203) Revises LEA and SEA eligibility and maintenance of effort requirements, with specified exceptions. Allows specified activities, regardless of certain excess cost and noncommingling of funds requirements, including: (1) incidental benefits to non-disabled students; (2) simultaneous services on a space-available basis to non-IDEA-eligible children with disabilities protected under the Americans with Disabilities Act; (3) a coordinated services system that links education, health, and social welfare services, systems, and entities to improve educational and transitional results for all children and their families; and (4) a school-based improvement plan. Revises requirements for LEA involvement with a State's Comprehensive System of Personnel Development. (Sec. 204) Revises and consolidates specified requirements for State and local administration of evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Revises IEP content to: (1) focus on measurable annual objectives; and (2) emphasize ensuring that each child, as appropriate, has the opportunity to progress in the general curriculum, and to participate with nondisabled children in various environments. Requires consideration of transition services needs: (1) for all students with disabilities beginning at age 14 (or younger, under specified circumstances); (2) under the applicable components of the IEP; and (3) in light of the student's participation in the general curriculum. Provides for transfer of rights at the age of majority. (Sec. 205) Repeals certain IDEA provisions relating to treatment of State agencies that received certain kinds of funds under the Elementary and Secondary Education Act of 1964. (Sec. 206) Revises procedural safeguards, including provisions for written notices to parents. Requires States to make mediation available to parents of children with disabilities in disputes with LEAs on any matter regarding the identification, evaluation, or educational placement of a child or the provision of free appropriate public education. Permits the transfer of parental rights to a student with disabilities upon reaching the age of majority under State law. Requires the State to have procedures for appointing the parent or another person to represent the student's interests if, under State law, such a student is determined not to have the ability to provide informed consent. Prescribes alternate procedural safeguards for short-term and long-term disciplinary actions with respect to children with disabilities who violate the LEA's rules or code of conduct, engage in serious disruptive behavior, or engage in any such behavior involving dangerous weapons, drugs, or actions resulting in serious bodily injury. Requires such rules or code of conduct to apply to children without disabilities as well. Provides for due process hearings with respect to disagreements between an agency and parents over determinations by a principal to remove a child with disabilities to an interim alternative educational setting. (Sec. 207) Revises requirements for: (1) withholding of payments from non-compliant States and judicial review of such determinations; (2) rulemaking on compliance and eligibility; (3) evaluation and program information; (4) preschool grants; and (5) payments. (Sec. 209) Requires the Secretary to: (1) conduct studies and evaluations to assess the effectiveness of efforts to provide free appropriate public education and early intervention services, including assessing the placement of children with disabilities by disability category; and (2) conduct a longitudinal study that measures the educational and transitional services provided to and results achieved by children with disabilities under IDEA. Title III: Systems Change - Establishes a program to promote systems change to improve educational and transitional services and results for children with disabilities. Authorizes competitive grants to SEAs, in partnership with LEAs and other interested individuals, agencies, and organizations, to improve such services and results on a system-wide basis. Allows grant recipients to collaborate in systems change activities with those in other States, through joint arrangements with institutions of higher education and sharing of staff and consultants. Requires coordination with this program of activities under titles IV and V. Authorizes appropriations. Title IV: Research and Personnel Preparation - Establishes a new program for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation. (Consolidates current personnel preparation and research provisions.) (Sec. 401) Authorizes research and innovation grants and contracts for: (1) new knowledge production in learning styles, instructional approaches, behavior management, assessment tools, assistive technology, program accountability and personnel preparation models; (2) integration of research and practice, through demonstration and dissemination of successful practice; and (3) improvement in the use of professional knowledge by teachers, parents, and others in their classrooms and other learning settings. Authorizes personnel preparation grants and contracts in the areas of: (1) high incidence disabilities, such as learning disabilities, mental retardation, and behavior disordered groups; (2) leadership preparation; (3) low-incidence disabilities, such as sensory impairment, multiple disabilities, and severe disabling conditions; and (4) projects of national significance. (Sec. 402) Makes conforming amendments to the Higher Education Act of 1965, the Goals 2000: Educate America Act, and the Rehabilitation Act of 1973. Title V: Technical Assistance, Support, and Dissemination of information - Establishes (in part by consolidating certain current activities) a new program for improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information. (Sec. 501) Authorizes grants and contracts for: (1) parent training and information centers and community programs; (2) coordinated technical assistance, support, and dissemination; and (3) technology and media activities. Authorizes appropriations. (Sec. 502) Makes conforming amendments to IDEA and the Developmental Disabilities Assistance and Bill of Rights Act. Title VI: Infants and Toddlers with Disabilities - Revises the program for infants and toddlers with disabilities with respect to: (1) expanded States opportunities for infants and toddlers with disabilities at risk of having substantial developmental delays if early intervention services are not provided; (2) continuing eligibility; (3) statewide system requirements; (4) the individualized family service plan; (5) allocation and use of funds; (6) procedural safeguards; (7) State interagency Coordinating Council duties; and (8) Federal Interagency Coordinating Council (FICC) membership and duties. (See. 615) Directs the FICC to convene a panel of experts to develop recommendations for a model definition of developmental delay. Allows the use of funds for referring at risk infants and toddlers, in those States not currently serving them, to other IDEA services. Permits planning for transition to preschool services to begin up to six months before the child's third birthday, if parents and agencies agree. (Sec. 616) Authorizes appropriations.
United States · United States Congress · 28 January 1997
National Beverage Container Reuse and Recycling Act of 1997 - Amends the Solid Waste Disposal Act to prohibit the sale of beer, mineral water, soda water, wine coolers, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of ten cents. Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires: (1) distributors to collect from retailers the refund value for each beverage sold to retailers; and (2) retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements identical to those under this Act or that have demonstrated achievement of a recycling or reuse rate for beverage containers of at least 70 percent. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act.
United States · United States Congress · 21 January 1997
Poverty Data Correction Act of 1997 - Requires any data relating to the incidence of poverty produced or published by or for the Secretary of Commerce for subnational areas to be corrected for differences in the cost of living and data produced for State and sub-State areas to be corrected for differences in the cost of living for at least all States of the United States. Requires such corrected data to be published in 1997 and biennially thereafter. Requires the Secretary to: (1) develop or cause to be developed a State cost-of-living index which ranks and assigns an index value to each State using data on wage, housing, and other costs relevant to the cost of living; and (2) multiply the Federal Government's statistical poverty thresholds by the index value for each State's cost of living to produce State poverty thresholds for each State. Requires the State cost-of-living index and resulting State poverty thresholds to be published before September 30, 1998, for calendar year 1997 and to be updated annually thereafter.
United States · United States Congress · 21 January 1997
Nuclear Waste Policy Act of 1997 - Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1997. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate an integrated management system for the storage and permanent disposal of spent nuclear fuel and high-level radioactive waste; (2) store spent nuclear fuel and high-level radioactive waste beginning no later than November 30, 1999, at designated facilities pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (using systems and components procured and manufactured in the United States); and (4) engage private sector participation to the greatest extent possible in the implementation of this Act. Shields the United States from any financial liability for the Secretary's failure to meet acceptance or emplacement deadlines under this Act. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Sets a deadline for development of the capability to commence rail to truck intermodal transfer from the mainline rail line at Caliente, Nevada, to the interim storage facility site. Directs the Secretary to offer to enter into a prescribed benefits agreement with Lincoln County, Nevada, including a payment schedule. Requires conveyance to such County of specified Federal lands. Prescribes procedural guidelines for the availability beginning by November 30, 1999, of safe transportation for spent nuclear fuel and high-level radioactive waste from sites designated by the contract holders to mainline transportation facilities using routes that minimize transportation through populated areas. Requires development by such date of a comprehensive management plan that ensures safe transportation from sites designated by the contract holders to the interim storage facility site. Prescribes general transportation requirements, including public education programs for States, local governments, and Indian tribes through whose jurisdiction the Secretary plans to transport substantial amounts of spent nuclear fuel or high-level radioactive waste. Requires a transporter of nuclear waste under contract with the Secretary to comply with all governmental and Indian tribal transportation regulations. Instructs the Secretary of Transportation to promulgate employee protection training standards for workers directly involved in nuclear waste transportation, storage, and disposal. Sets forth a phased schedule for the Secretary to begin operating an interim nuclear waste storage facility; but prohibits construction activities before December 31, 1998. Instructs the Secretary to: (1) cease all but termination activities at the Yucca Mountain site if the President determines it is unsuitable for repository development; (2) present a viability assessment of the site to the President and the Congress by a specified deadline; and (3) proceed with all activities necessary to begin acceptance of nuclear waste at another interim storage facility site designated by the President. Precludes construction activities, however, until the site has been approved by law. Prescribes two-tiered design and licensing phases for the site. Instructs the Administrator of the Environmental Protection Agency to issue generally applicable standards for the protection of the public from releases of radioactive materials or radioactivity from the repository. Mandates that the Nuclear Regulatory Commission's (NRC) repository licensing determinations for the protection of the public be based solely upon a finding that the repository can be operated in conformance with an overall system performance standard that incorporates the Administrator's radiation protection standards. Authorizes the Secretary to make grants (including financial and technical assistance) to enable affected Indian tribes or local governmental units to monitor and review the impact of the integrated management system upon residents at the Yucca Mountain site. Directs the Secretary to offer an affected local government unit the opportunity to designate an on-site representative to conduct oversight activities at an interim storage facility or repository site. Provides that acceptance of benefits under this Act by any affected Indian tribe or local government shall not be deemed an expression of consent to the siting of an interim storage facility or repository in Nevada. Instructs the Secretary of the Interior to convey all Federal interest in specified property to Nye County, Nevada. Prescribes contract guidelines for the Secretary to accept title to, and transport, store, and dispose of spent nuclear fuel or high-level radioactive waste. Prescribes a schedule of annual fees payable to the Secretary of Energy for electricity generated by civilian nuclear power reactors, and of a one-time fee for spent nuclear fuel used in such generation. States that payment of the latter one-time fee relieves the payer of further financial obligation to the Federal Government for its long-term storage or permanent disposal of spent fuel or waste derived from spent nuclear fuel used to generate electricity in a civilian power reactor before January 7, 1983. Mandates annual fee reviews, and adjustment proposals to the Congress if appropriate. Continues the Nuclear Waste Fund. Establishes the Office of Civilian Radioactive Waste Management within the Department of Energy, whose Director shall be directly responsible to the Secretary for executing the Secretary's functions under this Act. Directs the Secretary to issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel from foreign research reactors. Authorizes appropriations. Preempts State and local law in favor of this Act and the Atomic Energy Act. Grants U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings about facility expansions and transshipments. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial arrangements for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an emplacement schedule for contract holders' spent nuclear fuel and high-level radioactive waste. States that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste constitutes a transfer of title to the Secretary. Authorizes the Secretary to: (1) accept all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La Crosse Reactor; and (2) pay for the on-site storage of such fuel until DOE removes it from the site. Authorizes the Secretary to establish a Decommissioning Pilot Program to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas. Prohibits the use of the Nuclear Waste Fund for such Pilot Program. Declares that nothing in this or any other Federal law shall be construed as a reservation of Federal water or water rights for any purpose arising under this Act. Authorizes the United States to acquire and exercise such rights, subject to certain restrictions. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure to the maximum extent its operation like a private business. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ, on an on-going basis, integrated performance modeling regarding site characterization. Declares that this Act shall become effective one day after enactment.
United States · United States Congress · 21 January 1997
Family Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to provide for: (1) time-and-a-half compensatory time off; (2) biweekly work programs (allowing more than 40 hours of work in one week and correspondingly less in the other); and (3) flexible credit hour programs (thus providing private sector employees opportunities under such programs similar to those of Federal employees). Amends the exemption from minimum wage and maximum hour requirements for certain executive, administrative, and professional employees and outside salesmen. Prohibits from consideration in determining whether an employee is exempt: (1) the fact that the employee is subject to deductions in compensation for absences from employment of less than a full workday or less than a full pay period; or (2) the payment of overtime compensation or other additions to the compensation of an employee employed on a salary based on hours worked. Allows consideration, in such a determination, of an actual reduction in compensation.
United States · United States Congress · 21 January 1997
Employee Educational Assistance Act - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
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
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
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1997 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for commercial loss actions. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or co-employee if the employer or co-employee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started, with a separate limit for durable goods other than motor vehicles, vessels, aircraft, or trains used primarily to transport passengers for hire. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Regulates punitive damage amounts. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. (Sec. 111) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits an employee from making settlements or accepting payments without the consent of the employer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
United States · United States Congress · 21 January 1997
Calls for: (1) Ngawang Choephel and other prisoners of conscience in Tibet, as well as in China, to be released; (2) U.S. officials to request Mr. Choephel's release in all official meetings with representatives of the Government of the People's Republic of China; (3) the U.S. Government to sponsor and promote a resolution at the United Nations Commission on Human Rights regarding China and Tibet which specifically addresses political prisoners and negotiations with the Dalai Lama; (4) an exchange program to be established in honor of Ngawang Choephel, involving students of the Tibetan Institute of Performing Arts and appropriate U.S. educational institutions; and (5) the U.S. Government to seek access for internationally recognized human rights groups to monitor human rights in Tibet.
United States · United States Congress · 25 September 1996
Medicare Access to Emergency Medical Care Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to establish requirements for Medicare managed care regarding access to emergency services.
United States · United States Congress · 25 September 1996
Highway Funding Fairness Act of 1996 - Requires the Secretary of Transportation, for FY 1997, to determine the Federal-aid highway apportionments and allocations to a State without regard to the approximately $1.596 billion credit to the Highway Trust Fund (other than the Mass Transit Account) of estimated taxes paid by States that was made by the Secretary of the Treasury for FY 1995 in correction of an accounting error made in FY 1994. Requires the Secretary, for each State, to: (1) determine whether the State would have been apportioned and allocated an increased or decreased amount for Federal-aid highways for FY 1996 if such error had not been made; and (2) adjust such amount for FY 1997 by the amount of the increase or decrease and to adjust accordingly the obligation limitation for Federal-aid highways distributed to the State under provisions of the Department of Transportation and Related Agencies Appropriations Act, 1997. States that nothing in this Act shall affect any apportionment, allocation, or distribution of obligation limitation, or reduction thereof, to a State for Federal-aid highways for FY 1996.
United States · United States Congress · 16 September 1996
Medigap Portability Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days) if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to conduct a consumer satisfaction survey of the enrollees under such contract or such policy and make the results of such survey available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants. Makes necessary appropriations.
United States · United States Congress · 5 September 1996
Employment Nondiscrimination Act of 1996 - Defines "employee" to exclude uncompensated volunteers. Defines "employer" to: (1) mean an employer with 15 or more employees; and (2) exclude a bona fide private club. Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.
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