United States · United States Congress · 27 February 1997
Blind Persons Earnings Equity Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits).
United States · United States Congress · 26 February 1997
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Targeting Violent Gang, Gun, and Drug Crimes Subtitle A: Federal Prosecutions Targeting Violent Gangs, Gun Crimes and Illicit Gun Markets, and Drugs Subtitle B: Grants to Prosecutors' Offices to Target Gang Crime and Violent Juveniles Subtitle C: Youth Violence Courts Title III: Protecting Witnesses to Help Prosecute Gangs and Other Violent Criminals Title IV: Protecting Victims' Rights Title V: Federal Prosecution of Serious and Violent Juvenile Offenders Title VI: Incarceration of Juveniles in the Federal System Title VII: Office of Juvenile Crime Control and Prevention Subtitle A: Creation of the Office of Juvenile Crime Control and Prevention Subtitle B: Juvenile Crime Assistance Subtitle C: Missing and Exploited Children Anti-Gang and Youth Violence Act of 1997 - Title I: Findings and Purposes - Sets forth the findings and purposes of this Act with respect to juvenile crime and the Government's role in preventing and combatting it. (Sec. 1003) Makes additions and revisions to definitions of terms used in the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act). Title II: Targeting Violent Gang, Gun and Drug Crimes - Subtitle A: Federal Prosecutions Targeting Violent Gangs, Gun Crimes and Illicit Gun Markets, and Drugs - Part 1: Targeting Gang and Other Violent Crimes - Increases penalties under the Racketeer Influenced and Corrupt Organizations Act (RICO) to increase the maximum penalty from 20 years to the greater of 20 years or the maximum term applicable to a racketeering activity on which the violation is based. (Currently, this principle applies under RICO only where the predicate racketeering activity carries a maximum life sentence.) (Sec. 2112) Increases the penalty for, and broadens the scope of provisions covering, violent crimes in aid of racketeering (including threats to commit a crime of violence). (Sec. 2113) Eliminates as an element of Federal carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 2114) Makes it unnecessary, for purposes of RICO, to establish that a defendant agreed personally to commit any acts of racketeering activity. (Sec. 2115) Repeals the statute of limitations for class A felonies involving murder. Extends to ten years the statute of limitations for all crimes of violence and drug trafficking crimes (except for cases involving murder) currently classified as Class A felonies. (Current law provides that the general Federal five-year statute of limitations applies to non-capital crimes of violence and drug trafficking crimes.) (Sec. 2116) Extends the civil and criminal forfeiture statutes to cover crimes of violence, racketeering, obstruction of justice, and conspiracy to commit such offenses. Part 2: Targeting Serious Gun Crimes and Protecting Children from Gun Violence - Amends the Brady Handgun Violence Act to prohibit: (1) the sale or other disposition of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person has committed an act of juvenile delinquency; and (2) anyone who has committed an act of juvenile delinquency from shipping, possessing, or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. Requires the statement from the transferee to specify that such transferee has not committed an act of juvenile delinquency. Provides that State laws restoring firearms rights will continue to be recognized for Federal firearms enforcement purposes only if the restoration was done on an individualized basis, including a determination that the circumstances of the person's conviction and his or her record and reputation make it unlikely that the person will endanger public safety. (Sec. 2122) Prohibits any licensed importer, manufacturer, or dealer from selling or delivering any firearm to any person (other than a licensed importer, manufacturer, or dealer) without providing the transferee with a locking device that prevents the firearm from discharging without first being deactivated or removed by a key or lock. Authorizes the Secretary of the Treasury to suspend or revoke any firearms license, or to subject the licensee to a civil penalty of up to $10,000, for knowingly violating such provision. (Sec. 2123) Sets penalties for possessing (currently, using or carrying) a firearm during a crime of violence or drug trafficking crime. Enhances penalties for discharging or using a firearm to cause serious bodily injury. (Sec. 2124) Increases penalties for: (1) transferring a handgun or ammunition to a juvenile; and (2) firearms conspiracy. Part 3: Targeting Illicit Gun Markets - Makes specified firearms offenses predicates to a violation of RICO. (Sec. 2132) Makes it a felony for Federal licensees to violate requirements which are tantamount to aiding and abetting unlawful deliveries or purchases of firearms, such as: (1) selling firearms to persons known to be juveniles or who reside out of State; and (2) making false statements to a licensee in relation to the acquisition of a firearm and knowingly selling a firearm to a convicted felon or other prohibited category of firearm recipient. (Sec. 2133) Prohibits any licensed importer, manufacturer, or dealer from storing any firearms in its business inventory in a manner not in conformity with regulations issued by the Secretary. Directs the Secretary, in issuing such regulations, to take into consideration the type and quantity of firearms to be stored, as well as the standards of safety and security recognized in the firearms industry. Authorizes the Secretary, after notice and opportunity for hearing, to suspend or revoke any Federal firearms license (license) or to subject the licensee to a civil penalty of up to $10,000 for knowing violations of this section. Limits review of the Secretary's actions. Makes secure storage of firearms inventories a condition of such license. (Sec. 2134) Authorizes the Secretary to: (1) suspend a license or subject the licensee to a civil penalty of up to $10,000 per violation (current law makes license revocation the only option) for willful violations; and (2) compromise, mitigate, or remit the liability with respect to any such violation at any time. (Sec. 2135) Sets penalties for transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence or a drug trafficking crime. (Sec. 2136) Increases the penalty (from five to ten years) for knowingly receiving a firearm with an obliterated serial number. (Sec. 2137) Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to increase the base offense level for specified offenses (prohibited receipt, possession, transportation, or transactions involving firearms or ammunition) to assume that a person who transferred a firearm or ammunition and who knew or had reasonable cause to believe that the transferee was a prohibited person is subject to the same base offense level as the transferee. (Sec. 2138) Authorizes civil and criminal forfeiture of firearms used to commit crimes of violence and felonies. Specifies that: (1) if the Government institutes an administrative forfeiture action within 120 days of a seizure, and a claim is then filed that requires that a judicial forfeiture action be filed in Federal court, the Government must file the judicial action within 120 days of the filing of the claim; and (2) the time during which any related criminal indictment or information is pending shall not be counted in calculating the 120-day period. (Sec. 2139) Provides for the civil and criminal forfeiture of any conveyance used to commit specified gun trafficking offenses involving five or more firearms, any proceeds of such offenses, and any property traceable to such property. Part 4: Targeting Serious Drug Crimes and Protecting Children From Drugs - Amends the Controlled Substances Act (CSA) to increase penalties for: (1) using minors to distribute drugs; (2) distributing drugs to minors; (3) drug trafficking in or near a school or other protected location; and (4) using Federal property to grow or manufacture controlled substances. (Sec. 2144) Makes serious juvenile drug trafficking offenses predicates to a violation of the Armed Career Criminal Act. (Sec. 2145) Extends the Attorney General's existing authority to schedule a substance on an emergency basis to include the rescheduling of an already scheduled drug to Schedule I for substances posing an imminent danger to public safety. (Sec. 2149) Amends the Violent Offender Incarceration-Truth-In-Sentencing grant program of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to: (1) require the State, by September 1, 1998, to have a plan for drug testing, monitoring, and treatment for violent offenders housed in their corrections facilities, including sanctions for inmates who test positive; and (2) permit the State to use funds received under the program to pay the costs of required testing and treatment. Subtitle B: Grants to Prosecutors' Offices to Target Gang Crime and Violent Juveniles - Amends the VCCLEA to: (1) authorize the Attorney General to make grants to State, Indian tribal, or local prosecutors (as under current law), or combinations thereof, for specified purposes, including to combat gang crime and youth violence; (2) authorize appropriations; and (3) require that two percent of all funds appropriated be set aside for training and technical assistance and ten percent be set aside for research, statistics, and evaluation. Subtitle C: Youth Violence Courts - Amends the VCCLEA to authorize the Attorney General to make grants and enter into contracts to plan, develop, implement, and administer programs to adjudicate and better manage juvenile and youthful violent offenders within State, tribal, and local court systems. Sets forth grant program provisions regarding applications, the Federal share, geographic distribution, training and technical assistance, research, statistics, and evaluation, and reporting requirements. Authorizes appropriations. Title III: Protecting Witnesses to Help Prosecute Gangs and Other Violent Criminals - Amends the Travel Act to add witness bribery, intimidation, obstruction of justice, and related conduct in State criminal proceedings to the list of predicates under such Act. (Sec. 3002) Expands pretrial detention eligibility for serious gang and other violent criminals by amending the Bail Reform Act to: (1) define "convicted" to include finding that a person has committed an act of juvenile delinquency and "crime of violence" to include an offense that is a violation of provisions relating to possession of explosives or firearms by convicted felons and other categories of prohibited persons; and (2) make membership or participation in a criminal street gang, racketeering enterprise, or other criminal organization a factor to be considered by courts in making bail determinations. (Sec. 3003) Subjects persons who engage in a conspiracy to tamper with or retaliate against a witness, victim, or informant to the penalties prescribed for the offense that was the object of the conspiracy. Title IV: Protecting Victims' Rights - Amends Federal criminal code (code) provisions regarding juvenile records to allow disclosure of: (1) communications with any victim of juvenile delinquency or, as appropriate, with the official representative of the victim; and (2) necessary docketing information. Directs that fingerprints and photographs of adjudicated delinquents found to have committed the equivalent of an adult felony offense or possession of a handgun be sent to the Federal Bureau of Investigation and made available in the manner applicable to adult defendants. Authorizes further disclosure of records relating to a juvenile or delinquency proceeding if it would be permitted under the law of the State in which the delinquency proceeding took place. (Sec. 4002) Extends authorizations of appropriations for regional and local children's advocacy centers and for specialized technical assistance and training programs under the Victims of Child Abuse Act. Title V: Federal Prosecution of Serious and Violent Juvenile Offenders - Enhanced Prosecution of Dangerous Juvenile Offenders Act of 1997 - Revises Federal criminal code provisions regarding delinquency proceedings and criminal prosecutions in district courts to authorize a juvenile to be prosecuted as an adult if specified conditions are met, such as if the juvenile is alleged to have committed an act on or after the day the juvenile attains age 16 which, if committed by an adult, would be a felony crime of violence or a specified drug or other offense. Requires the approval of the Attorney General to prosecute a juvenile between the ages of 13 and 16. (Under current law, the decision to charge a juvenile as an adult for specified crimes is a result of a motion by the United States to transfer the juvenile for criminal prosecution, and the offenses subject to this transfer authority are limited.) Authorizes: (1) the prosecution of a juvenile as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, including for lesser included offenses; and (2) the court to order the transfer of a defendant to juvenile status under specified circumstances. Limits the applicability of statutory minimum sentences in certain prosecutions of persons under age 16. (Sec. 5003) Requires: (1) an arresting officer to promptly take reasonable steps to notify the parents, guardian, or custodian of a juvenile taken into custody (current law requires immediate notification of such parties and the Attorney General); and (2) the juvenile to be taken before a judicial officer without unreasonable delay (current law prohibits a juvenile from being detained for longer than a reasonable period before being brought before a magistrate). (Sec. 5005) Requires juvenile delinquency proceedings for a juvenile in detention to begin within 45 (currently, 30) days after the beginning of such detention. (Sec. 5006) Modifies sentencing options under the code to make available increased detention, fines, and supervised release for adjudicated delinquents. Makes mandatory restitution applicable to adjudicated delinquents. Increases, for an adjudicated delinquent, the maximum period of: (1) probation to the same period applicable to an adult; and (2) official detention to the lesser of the maximum term of imprisonment authorized if the juvenile had been tried and convicted as an adult, ten years, or the date the juvenile becomes 26 years old. Title VI: Incarceration of Juveniles in the Federal System - Amends code provisions regarding juvenile detention to require that juveniles being prosecuted as adults be detained prior to sentencing: (1) in such suitable place as the Attorney General may designate, with preference given to a place located within, or a reasonable distance of, the district in which the juvenile is being prosecuted, if the juvenile is 16 years of age or older; and (2) in such an available, suitable juvenile facility, in any other such facility, or if no such facility is available, in any other suitable place as the Attorney General may designate if the juvenile is under age 16. (Current law does not distinguish between juveniles under or over age 16 and requires detention prior to disposition in a foster home or community based facility located in or near the juvenile's home community.) Expands current protections for juveniles detained prior to disposition to cover detention prior to sentencing and to include provision for reasonable safety and security. (Sec. 6002) Amends code provisions regarding commitment to: (1) prohibit the Attorney General from causing any person under age 18 adjudicated delinquent, or under age 16 convicted of an offense, to be placed or retained in an adult jail or correctional facility in which the person has regular contact with adults incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges, except for placement in a community-based facility (current law bars such contact with respect to any juvenile and does not contain such exception); and (2) provide for reasonable safety and security for every juvenile adjudicated delinquent. Title VII: Office of Juvenile Crime Control and Prevention - Juvenile Crime Control and Prevention State and Local Assistance Act of 1997 - Subtitle A: Creation of the Office of Juvenile Crime Control and Prevention - Amends the Safe Streets Act to establish within the Department of Justice the Office of Juvenile Crime Control and Prevention (replacing the Office of Juvenile Justice and Delinquency Prevention) which shall establish and administer policies and programs to address: (1) the reduction control, and prosecution of juvenile crime; (2) the juvenile justice system; (3) youth violence; and (4) other purposes consistent with this Act. Authorizes the Attorney General to establish a Coordinating Council on Juvenile Crime Control and Prevention to: (1) ensure coordination and cooperation among Federal agencies with jurisdiction over juvenile and youth programs; (2) ensure that juvenile crime prevention programs are complementary and not duplicative; and (3) offer program and policy advice to the President and executive agencies. Sets forth provisions regarding: (1) withholding grant funds for non-compliance with this title; (2) confidentiality of program records; (3) restrictions on the use of funds; and (4) continuation of rules and authorities of the Office of Juvenile Justice and Delinquency Prevention and of proceedings commenced by or against the Government before the enactment of this title. Authorizes appropriations. Subtitle B: Juvenile Crime Assistance - Authorizes the Director of the Office to: (1) award grants to assist States in planning, establishing, operating, coordinating, and evaluating projects for development and implementation of policies, initiatives, and programs designed to reduce, control, and prevent juvenile crime and violence and improve the juvenile justice system; (2) award grants and enter into cooperative agreements and contracts with Indian tribal governments and other public and private agencies to assist Indian tribal governments in planning, establishing, operating, coordinating, and evaluating projects directly for the development and implementation of policies, initiatives, and programs designed to reduce, control, and prevent juvenile crime, to assist Indian juveniles who have had contact with, or are at risk of having contact with, the juvenile justice system, and to improve the juvenile justice system; (3) award grants to States, for use by local governments, Indian tribes, and locally based public and private agencies and organizations, to develop, implement, and operate school and community-based programs for the reduction and prevention of truancy, school violence, and juvenile crime; and (4) make grants to States, local governments, Indian tribal governments, public and private agencies, organizations, and individuals for the development, testing, and demonstration of promising initiatives and programs for the prevention, control, or reduction of juvenile crime. Authorizes the Director to make incentive grants to States that have or, within a year, will have: (1) implemented a system of accountability-based graduated sanctions applicable to juveniles within the juvenile justice system designed to hold such juveniles accountable for their actions and to protect local communities from the effects of juvenile crime by providing appropriate sanctions for every act for which a juvenile is adjudicated delinquent; and (2) designed a system for juvenile delinquency history record information collection, storage, and dissemination that will ensure that such records will be available for such purposes as provided by State or tribal law. Requires grant funds to be used for: (1) implementation and design of such systems; (2) programs designed to prevent or intervene in the unlawful possession, distribution, or sale of firearms by or to juveniles; (3) collection and dissemination of information regarding juvenile crime; (4) programs that enhance tracking, intervening with, and controlling serious, violent, and chronic juvenile offenders; (5) comprehensive program services in juvenile detention and correctional facilities; and (6) programs that address efforts to prevent and reduce disproportionate confinement of minority juveniles. Sets forth provisions regarding application requirements, uses of grant funds, the Federal share, training and technical assistance, research, statistics, and evaluation, and recordkeeping requirements. Authorizes appropriations. (Sec. 7206) Youth Violence Reduction Research Act of 1997 - Authorizes the Director to: (1) transfer funds to and enter into agreements with the National Institute of Justice and the Bureau of Justice Statistics to conduct research or evaluation and statistical work, respectively, in juvenile justice matters; and (2) plan and identify the purposes and goals of all grants, contracts, or agreements to be supported under this section. Authorizes appropriations. (Sec. 7207) Authorizes the Director to: (1) develop and implement programs and initiatives to educate, provide technical assistance, and award grants and contracts with respect to programs and practices consistent with the goals and purposes of this Act; and (2) review reports and data relating to juvenile justice in the United States and internationally and award grants to disseminate such information. Authorizes appropriations. Subtitle C: Missing and Exploited Children - Extends the authorization of appropriations under the Missing Children's Assistance Act. Directs that ten percent of appropriated funds be set aside for research, statistics, and evaluation, and two percent be set aside for training.
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 · 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
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 · 12 February 1997
Authorizes the President, on behalf of the Congress, to present a gold medal to Francis Albert "Frank" Sinatra. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes specified charges against the Numismatic Public Enterprise Fund to pay for the cost of the medal and requires the proceeds of duplicate medal sales to be deposited in the Fund.
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
Expresses the sense of the Senate that studies are needed to further determine the benefits of screening women between the ages of 40 and 49 through mammography and other emerging technologies and that the Senate urges the Advisory Panel for the National Cancer Institute to consider reissuing a specified guideline rescinded in 1993 and, until there is more definitive data, direct the public to consider guidelines issued by other organizations.
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 · 21 January 1997
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex. Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement applicable to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks. Requires EEOC to train its employees and affected individuals and entities on matters involving discrimination in the payment of wages. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. Authorizes appropriations to the EEOC and to the Secretary to carry out this Act.
United States · United States Congress · 21 January 1997
Genetic Information Nondiscrimination in Health Insurance Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
United States · United States Congress · 21 January 1997
Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise the requirement of reasonable efforts to return a child to its own home before placement in foster care. Makes the child's health and safety of primary concern in the determination of reasonable efforts for such purposes.
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.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Crime Control Subtitle A: More Police Officers on the Beat Subtitle B: Violent Offender Incarceration and Truth in-Sentencing Grants Subtitle C: Domestic Violence Subtitle D: Assistance to Local Law Enforcement Title II: Youth Violence Control Subtitle A: Federal Juvenile Prosecutions Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders Subtitle C: Juvenile Gun Courts Subtitle D: Gang Violence Reduction Subtitle E: Rights of Victims in State Juvenile Courts Title III: Prevention and Treatment of Youth Drug Abuse and Addiction Subtitle A: Protecting Youth From Dangerous Drugs Subtitle B: Development of Medicines for the Treatment of Drug Addiction Subtitle C: Prevention and Treatment Programs Subtitle D: National Drug Control Policy Subtitle E: Penalty Enhancements Title IV: Protecting Youth From Violent Crime Subtitle A: Grants for Youth Organizations Subtitle B: "Say No to Drugs" Community Centers Act of 1997 Subtitle C: Missing Children Title V: Improving Youth Crime and Drug Prevention Subtitle A: Comprehensive Study of Federal Prevention Efforts Subtitle B: Evaluation Mandate for Authorized Programs Subtitle C: Elimination of Ineffective Programs Title VI: Extension of Violent Crime Reduction Trust Fund Youth Violence, Crime, and Drug Abuse Control Act of 1997 - Title I: Crime Control - Subtitle A: More Police Officers on the Beat - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) extend through FY 2002 the authorization of appropriations for public safety and community policing grants; and (2) limit to 20 percent of grant funds available in any fiscal year the amount authorized for grants for equipment, technology, and support systems. (Sec. 103) Authorizes the Attorney General (AG) to make grants to States, local governmental units, Indian tribes, other public and private entities, and multijurisdictional or regional consortia to encourage the use of, and to implement, 311 (as opposed to 911) nonemergency telecommunication systems for public safety. Authorizes appropriations from the Violent Crime Reduction Trust Fund (Fund) through FY 2002. Subtitle B: Violent Offender Incarceration and Truth-in- Sentencing Grants - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise the formula allocation between States and U.S. territories and possessions for technical assistance and training to entities receiving grants under either the Violent Offender Incarceration or Truth-in-Sentencing grant programs. Extends the authorization of appropriations under each such grant program through FY 2002. Subtitle C: Domestic Violence - Extends through FY 2002: (1) grants to combat violent crimes against women; (2) education and prevention grants to reduce sexual assaults against women; (3) the grant for a national domestic violence hotline; (4) grants for battered women's shelters; and (5) programs for victims of child abuse. Subtitle D: Assistance to Local Law Enforcement - Amends the Omnibus Crime Control and Safe Streets Act of 1968 and the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 the funding for: (1) law enforcement family support; (2) rural drug enforcement and training; (3) DNA identification grants; (4) Byrne grants (law enforcement training and education); (5) technical automation grants; and (6) grants for State court prosecutors. Requires no less than 20 percent of the funds made available during FY 2001 and 2002 for the latter grant program to be used to provide increased resources to State juvenile courts, including its prosecutors, public defenders, and other juvenile court system participants. Title II: Youth Violence Control - Subtitle A: Federal Juvenile Prosecutions - Amends provisions concerning Federal juvenile prosecutions to require a predisposition report, which includes victim impact information, to be prepared by the probation officer and provided to the juvenile, his or her attorney, and the attorney for the government. Directs the juvenile court, after a dispositional hearing, to enter an order of restitution for the victim. Authorizes such court to suspend the findings of juvenile delinquency, place the juvenile on probation, commit the juvenile to official detention (including supervised release), and impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Provides the terms of probation, official detention, or supervised release for such juveniles. Excludes time spent in the custody of the AG for observation and study from time served for a juvenile offense. Authorizes the court, with respect to any juvenile prosecuted and convicted as an adult, to treat the conviction as an adjudication of delinquency and impose any disposition authorized for an adult offender. Requires: (1) a juvenile adjudicated for an act that, if committed by an adult, would be a felony to be fingerprinted and photographed; (2) such records to be sent to the Federal Bureau of Investigation (FBI); and (3) the court to transmit to the FBI information concerning the adjudication and sentence. (Sec. 203) Directs a juvenile court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the offense, the facts and circumstances leading to the dismissal, and the impact of a reprosecution on the administration of justice. Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders - Authorizes the AG to make grants to assist States and local governments in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent juvenile offenders. Requires each facility or program funded under this subtitle to contain an evaluation component, developed under guidelines established by the AG, which includes outcome measures that may be used to determine the effectiveness of the funded programs. Requires periodic reviews and reports. Reserves a specified percentage of program funds for FY 1998 through 2002 for grants to Indian tribes for constructing correctional facilities and establishing correctional programs for the incarceration of tribal juvenile offenders. Requires a report from the AG to the Congress regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs. (Sec. 215) Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for: (1) providing juvenile courts with a range of sentencing options such that first time juvenile offenders face at least some level of punishment as a result of their initial contact with the juvenile justice system; and (2) increasing the sentencing options available to juvenile court judges so that juvenile offenders receive increasingly severe sanctions as the seriousness of their conduct increases and for each additional offense. Requires each applicant to submit a comprehensive implementation plan as part of such application. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of the total program costs. Requires reports and evaluations: (1) from grant recipients to the AG; and (2) from the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2001. Subtitle C: Juvenile Gun Courts - Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for court-based juvenile justice programs that target juvenile firearm offenders through the establishment of juvenile gun courts. Requires each applicant to submit a comprehensive implementation plan. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of total program costs. Requires reports and evaluations as above. Authorizes appropriations from the Fund for FY 1998 through 2002. Subtitle D: Gang Violence Reduction - Part 1: Enhanced Penalties for Gang-Related Activities - Sets forth criminal penalties for anyone who travels in interstate or foreign commerce to recruit, solicit, induce, command, or cause to create, or attempt to create, a franchise of a criminal street gang. (Sec. 242) Includes franchising a criminal street gang as a "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 243) Directs the United States Sentencing Commission (USSC) to provide an appropriate enhancement with respect to any offense committed in connection with, or in furtherance of the activities of, a criminal street gang if the defendant is a member of the gang at the time of the offense. (Sec. 244) Increases the penalties for using physical force to tamper with witnesses, victims, or informants. (Sec. 245) Sets forth criminal penalties for using or carrying a firearm during and in close proximity to (currently, in relation to) any crime of violence or drug trafficking. Directs the USSC to provide an appropriate sentence enhancement with respect to a defendant who discharges a firearm during or in close proximity to a crime of violence or drug trafficking. (Sec. 246) Increases the penalties for transferring a firearm to a minor for use in a crime. (Sec. 247) Eliminates any statute of limitations with respect to any offense punishable by death or for a Class A felony involving murder. (Sec. 248) Extends to ten years after the commission of the offense the statute of limitations with respect to a Class A felony that is a crime of violence or a drug trafficking crime. Part 2: Gang Paraphernalia - Authorizes the appropriate court to enter an order authorizing the installation and use by law enforcement personnel of a pen register or a trap and trace device within the jurisdiction of the court, or of a clone pager whose service provider is within the court's jurisdiction, if the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Authorizes a Federal court to order a provider of a paging service or other person to furnish to appropriate law enforcement personnel all information, facilities, and technical assistance necessary to accomplish the operation and use of a clone pager unobtrusively and with a minimum of interference with normal service. (Sec. 252) Directs the USSC to provide an appropriate sentencing enhancement for any offense in which the defendant: (1) used body armor; (2) possessed a firearm equipped with a laser sighting device; or (3) possessed a firearm while another defendant possessed a firearm so equipped. Subtitle E: Rights of Victims in State Juvenile Courts - Directs the AG to establish guidelines for State programs to require: (1) prior to the disposition of adjudicated juvenile delinquents, that victims or their representatives are provided the opportunity to make a statement or present any relevant information; (2) that such victims be given notice of the disposition; and (3) that restitution to victims may be ordered as part of such a disposition. Requires State compliance with such requirements within three years, with an additional two-year extension authorized to be granted by the AG when a State is determined to be making a good faith effort to implement such requirements. Title III: Prevention and Treatment of Youth Drug Abuse and Addiction - Subtitle A: Protecting Youth from Dangerous Drugs - Directs the AG to add ketamine hydrochloride to schedule III of the Controlled Substances Act. Subtitle B: Development of Medicines for the Treatment of Drug Addiction - Part 1: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations from the Fund for FY 2001 and 2002 for the medication development program (a program providing research into medicines used to treat drug addiction). Part 2: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to: (1) authorize the sponsor of a drug for the treatment of an addiction to illegal drugs to request the Secretary of Agriculture for written recommendations for the investigation necessary for the approval or licensing of such drug; (2) authorize such a sponsor to request the Secretary to designate such drug as a drug for the treatment of addiction to illegal drugs; (3) provide exclusive approval or licensing of such drug as an unpatented drug for such purpose; and (4) provide open protocols for the clinical investigation of such drugs. Part 3: Encouraging Private Sector Development of Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to establish criteria for an acceptable drug for the treatment of an addiction to heroin and one for the treatment of an addiction to cocaine. Requires such criteria to be reviewed by specified congressional committees and published in the Federal Register. Authorizes the patent owner of a drug used for either such treatment to submit to the Secretary an application: (1) to contract to sell to the Secretary such patent rights; or (2) to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of such drug. Provides for purchase amount limitations and the transfer of rights from the patent owner to the Secretary. Requires the Secretary, within 90 days after purchasing patent rights or entering into such an agreement, to develop a plan for the manufacture and distribution of such drug. Authorizes appropriations for FY 1998 through 2000. Subtitle C: Prevention and Treatment Programs - Part 1: Comprehensive Drug Education - Amends the Elementary and Secondary Education Act to extend through FY 2002 the authorization of appropriations from the Fund for the safe and drug-free schools and communities program. Part 2: Drug Courts - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2002 the authorization of appropriations for the drug courts program (a program providing continuing judicial supervision over non-violent offenders with substance abuse problems). (Sec. 362) Authorizes the AG to make grants to States, State courts, local courts and governments, and Indian tribes to establish programs that: (1) involve continuous early judicial supervision over juvenile offenders, other than violent juvenile offenders, with substance abuse or related problems; and (2) integrate administration of other sanctions and services, including testing, treatment, and diversion, probation, or other forms of supervised release. Requires the AG to issue regulations to ensure that such programs do not permit participation by violent offenders. Prohibits the Federal share of such programs from exceeding 75 percent of total program costs, with an authorized limit waiver by the AG. Requires the AG to ensure an equitable geographic distribution of grant awards, with a required specified allocation to Indian tribes. Requires annual reports to the AG from grant recipients. Authorizes the AG to provide technical assistance and training in furtherance of program goals and to carry out program evaluations. Provides for the reallocation of unawarded grant funds. Authorizes appropriations from the Fund for FY 1998 through 2002. Part 3: Drug Treatment - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment (Center) to award grants to, or enter into cooperative agreements with, public and nonprofit private entities to provide treatment to juveniles for substance abuse through programs in which the juveniles reside in facilities made available under the programs. Requires the inclusion by grant recipients of an individualized plan for the provision of services to the juvenile or young adult. Includes as eligible supplemental services under such programs hospital referrals, HIV and AIDS counseling, domestic violence and sexual abuse counseling, and preparation for reentry into society. Requires the appropriate State agency or Indian tribe to certify that the applicant has the capacity to carry out the program and meets certain other requirements. Outlines provisions with respect to: (1) applicants who are also Medicaid providers; (2) the provision of treatment for mental diseases; (3) matching fund requirements; (4) program outreach and accessibility; (5) continuing education for individuals providing such services; (6) the imposition of appropriate charges for such services; (7) applicant reports to the Center Director; and (8) required equitable geographic allocation of grant awards. Limits to five years the period during which payments may be made to any entity under a program. Requires annual Director approval of program payments. Requires the Director to conduct program evaluations and disseminate findings. Requires an initial and periodic reports from the Director to specified congressional committees describing the programs carried out under this Part. Authorizes appropriations for FY 1998 through 2002, including an authorization of appropriations from the Fund for the last two fiscal years. Requires the Secretary of Health and Human Services to make grants to established projects for the outpatient treatment of substance abuse among juveniles. Requires entities receiving such grants to engage in activities to prevent such abuse. Requires such Secretary to evaluate the projects and disseminate evaluation results. Subtitle D: National Drug Control Policy - Amends the National Narcotics Leadership Act of 1988 to extend through FY 2002 the authority for the Office of National Drug Control Policy (Office), as well as the authorization of appropriations for the Office. (Sec. 382) Requires the Office Director to conduct a study on the effect of the 1996 voter referenda in California and Arizona concerning the medicinal use of marijuana and other controlled substances on the general use of such substances in those States. Requires a Director report to specified congressional committees. Authorizes appropriations for FY 1998 and 1999. Subtitle E: Penalty Enhancements - Amends the Controlled Substances Act to increase the penalties for using Federal property to grow or manufacture controlled substances. Directs the USSC to provide an appropriate sentencing enhancement to ensure that such violations are punished substantially more severely than violations that do not occur on Federal property. Title IV: Protecting Youth from Violent Crime - Subtitle A: Grants for Youth Organizations - Authorizes the AG to make grants to States, Indian tribes and national nonprofit organizations in crime-prone areas (such as Boys and Girls Clubs and the 4-H) to: (1) provide constructive activities to youth during nonschool hours to prevent their criminal victimization; (2) provide supervised activities in safe environments to youth in crime-prone areas; (3) provide antidrug education to prevent youth drug abuse; (4) support police officer training and salaries and educational materials; or (5) provide constructive activities to youth in a safe environment through the use of parks and other public recreation areas. Requires annual reports from: (1) grant recipients to the AG; and (2) the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2002. Subtitle B: "Say No to Drugs" Community Centers Act of 1997 - Say No to Drugs Community Centers Act of 1997 - Authorizes the AG to make grants to certain AG-approved recipients to provide the following services to youth during after-school hours or summer vacations: (1) rigorous drug prevention education; (2) drug counseling and treatment; (3) academic tutoring and mentoring; (4) activities promoting interaction between youth and law enforcement officials; (5) vaccinations and other preventive health care; (6) sexual abstinence education; and (7) other activities and instruction to reduce youth violence and substance abuse. Specifies the Federal and non-Federal share of costs under the grant program, as well as grant allocation and reallocation requirements. Authorizes appropriations for FY 2001 and 2002 from the Fund. Subtitle C: Missing Children - Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to contract with the National Center for Missing and Exploited Children in order to provide a national 24-hour toll-free hotline and national resource center for use by missing children. (Currently, the hotline and resource center are required to be established and operated by such Administrator.) Title V: Improving Youth Crime and Drug Prevention - Subtitle A: Comprehensive Study of Federal Prevention Efforts - Directs the AG to enter into a contract with the National Academy of Science or, if the Academy declines, another public or nonprofit private entity to conduct a study to evaluate the effectiveness of federally funded programs for preventing youth violence, youth substance abuse, and the criminal victimization of juveniles. Outlines reporting requirements. Authorizes appropriations. Subtitle B: Evaluation Mandate for Authorized Programs - Directs the AG to provide for the comprehensive and thorough evaluation of the effectiveness of each program under titles II through IV of this Act, using independent evaluation and research criteria. Authorizes the AG to require grant recipients to comply with any information requirements under the mandate. Reserves a specified amount of the funds authorized for such programs to carry out the required evaluation and research. Subtitle C: Elimination of Ineffective Programs - Expresses the sense of the Senate that programs found ineffective under the study required under Subtitle A, above, in addressing juvenile crime and substance abuse should not receive Federal funding in any fiscal year following the issuance of such study. Title VI: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 and the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2002 the authorization of appropriations for the Fund. Reduces by specified amounts in FY 2001 and 2002 the discretionary spending limits set forth under the Congressional Budget Act of 1974.
United States · United States Congress · 21 January 1997
Working Families Child Care Act of 1997 - Amends the Child Care Development Block Grant Act of 1990 to extend its authorization of appropriations through FY 2002. Directs the Secretary of Health and Human Services, from (additional) Treasury funds not otherwise appropriated, to award grants to States to provide child care services for: (1) families who have left the State program of assistance under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act because of employment; (2) families that are at risk of becoming dependent on such assistance program; and (3) low-income working families meeting specified criteria. Authorizes appropriations for grants to States for child care activities in areas of the State that have child care supply shortages. Includes among such child care activities programs for: (1) infant care; (2) before- and after-school; (3) resources and referrals; (4) nontraditional work hours; (5) extending the hours of pre-kindergarten programs to provide full-day services; and (6) any other program the Secretary deems appropriate. Requires State reports to include information on access to child care by low-income working families. Requires reports of the Secretary to place particular emphasis on such access. (Sec. 6) Makes this Act effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).
United States · United States Congress · 7 January 1997
Enhancement of Trade, Security, and Human Rights through Sanctions Reform Act - Declares that it is the purpose of this Act to establish an effective framework for consideration by the legislative and executive branches of unilateral economic sanctions. (Sec. 3) Declares that it is U.S. policy to: (1) pursue U.S. interests through vigorous and effective diplomatic, political, commercial, charitable, educational, cultural, and strategic engagement with other countries, while recognizing that U.S. national security interests may sometimes require the imposition of economic sanctions on other countries; (2) foster multilateral cooperation on vital matters of U.S. foreign policy, including promoting human rights and democracy, combating international terrorism, proliferation of weapons of mass destruction, and international narcotics trafficking, and ensuring adequate environmental protection; (3) promote U.S. economic growth and job creation by expanding exports of goods, services, and agricultural commodities, and by encouraging investment that supports the sale abroad of U.S. products and services; (4) maintain the reputation of U.S. businesses and farmers as reliable suppliers to international customers of quality products and services; (5) avoid the use of restrictions on exports of agricultural commodities as a foreign policy weapon; and (6) oppose policies of other countries designed to discourage economic interaction with countries friendly to the United States or with any U.S. national, and to avoid use of such measures as instruments of U.S. foreign policy. States that when economic sanctions are necessary, it is U.S. policy to: (1) target them as narrowly as possible on those foreign governments, entities, and officials that are responsible for the conduct being targeted, thereby minimizing unnecessary or disproportionate harm to individuals who are not responsible for such conduct; and (2) to the extent feasible, avoid any adverse impact of economic sanctions on the humanitarian activities of the United States and foreign nongovernmental organizations in a country against which sanctions are imposed. (Sec. 5) Provides that any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch, and considered by the House of Representatives or the Senate, should: (1) state the U.S. foreign policy or national security objective; (2) terminate after two years unless specifically reauthorized; (3) provide for contract sanctity; (4) provide presidential authority to adjust or waive the sanction in the national interest; (5) target the sanction as narrowly as possible against the parties responsible for the conduct being targeted; and (6) provide for expanded export promotion programs if sanctions are likely to target an export market for American farmers. (Sec. 6) Sets forth a procedure for congressional consideration of any bill or joint resolution that imposes, or authorizes the imposition of, any unilateral economic sanction by the executive branch. Requires the committee of primary jurisdiction reporting such a bill or joint resolution to timely request specified reports: (1) from the President assessing the likelihood that the proposed unilateral economic sanction will achieve its stated objective within a reasonable period of time, as well as the impact of the proposed unilateral economic sanction on U.S. foreign policy, national security, and humanitarian activities; and (2) from the Secretary of Agriculture assessing the extent to which any country or countries proposed or likely to be sanctioned are markets that accounted for more than three percent of all U.S. agricultural export sales in the preceding calendar year, as well as the likelihood that U.S. agricultural exports will be affected by the proposed sanction or by retaliation by any country proposed or likely to be sanctioned, and specific commodities which are most likely to be affected. Considers any bill or joint resolution that imposes any unilateral economic sanction to include a Federal private sector mandate for purposes of the Unfunded Mandates Reform Act of 1995. Requires the Congressional Budget Office, in its report pursuant to such Act, to assess the likely short- and long-term costs of the proposed sanction to the U.S. economy. (Sec. 7) Authorizes the President to implement a unilateral economic sanction under any provision of law not less than 60 days after announcing his intention to do so. Requires any executive sanction to include a clear finding that the sanction is likely to achieve a specific U.S. foreign policy or national security objective within a reasonable and specified period of time. Requires, before imposition of a unilateral economic sanction, that the President and the Secretary of Agriculture report to appropriate congressional committees the same assessments required in connection with any bill or joint resolution imposing or authorizing the imposition of a unilateral economic sanction by the executive branch. Requires the President to request a report by the U.S. International Trade Commission on the likely short- and long-term costs of the proposed sanction to the U.S. economy, including the potential impact on U.S. competitiveness. Provides, in the case of a national emergency, for allowing the President temporarily to waive most of the requirements for executive action in order to act immediately, generally requiring the waived requirements to be met within 60 days after imposition of the sanction (which shall terminate after 90 days if such requirements are not met). Directs the President to establish an interagency Sanctions Review Committee to coordinate U.S. policy regarding unilateral economic sanctions and provide appropriate recommendations to the President.
![Official portrait of Sen. Landrieu, Mary L. [D-LA]](https://www.congress.gov/img/member/l000550_200.jpg)