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United States · Official source
3,515 records where Sen. Murkowski, Frank H. [R-AK] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 21 January 1997
Family Heritage Preservation Act - Amends the Internal Revenue Code to repeal the estate tax, gift tax, and tax on generation-skipping transfers.
United States · United States Congress · 21 January 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 21 January 1997
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
Alaska Wetlands Conservation Act - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not require mitigation to compensate for wetlands loss and adverse impacts to wetlands; (2) may include requirements for minimization of such adverse impacts; and (3) may include requirements for avoidance of impacts but may not require the permit applicant to establish that upland alternative sites do not exist. Directs the Secretary of the Army, at the request of a State with substantial conserved wetlands areas, to issue a general permit for such State which applies to the discharge of dredged or fill material into disposal sites of at least ten acres, and may not contain guidelines for disposal sites that are more stringent than the guidelines described above. Includes as a nonprohibited discharge of dredged or fill material in a State with substantial conserved wetlands any discharge: (1) associated with airport safety; (2) for the construction and maintenance of log transfer facilities; (3) for the construction of tailings impoundments utilized for treatment facilities; and (4) for construction of ice pads and ice roads and for snow storage and removal purposes. Requires the Secretary to issue a permit for the discharge of dredged or fill material into the navigable waters at a disposal site if such discharge complies with reasonable guidelines established by the Secretary. Directs the Secretary, for permits issued for economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska), to: (1) balance the standards and policies of this Act against U.S. obligations to allow such lands to be used to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska Natives; and (3) consider the abundance and value of conserved wetlands in the State in which such economic base lands are found. Directs the Secretary to issue general permits for categories of activities on economic base lands relating to the development of rural Alaskan community infrastructure without determining whether such activities will: (1) cause only minimal adverse environmental effects when performed separately; or (2) have only minimal cumulative adverse effects on the environment.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Child Tax Credit Title II: Capital Gains Reform Subtitle A: Taxpayers Other Than Corporations Subtitle B: Corporate Capital Gains Subtitle C: Capital Loss Deduction Allowed with Respect to Sale or Exchange of Principal Residence Title III: Estate and Gift Provisions Title IV: Savings Incentives American Family Tax Relief Act - Title I: Child Tax Credit - Amends the Internal Revenue Code to allow a credit of $500 per child. Reduces such credit incrementally as income increases above threshold amounts. Title II: Capital Gains Reform - Subtitle A: Taxpayers Other Than Corporations - Provides for taxpayers, other than corporations, a deduction of 50 percent of net capital gain. Provides that, in the case of an estate or trust, the deduction shall be computed by excluding the portion of the gains from sales or exchanges of certain capital assets includible in gross income by the income beneficiaries as gain derived from the sale of capital assets. Excludes collectibles gain from the computation of net capital gain. Sets forth a formula for determining the maximum rate on nondeductible capital gain. Allows the deduction in computing adjusted gross income. (Sec. 202) Provides that for taxpayers, other than corporations, the indexed basis of an asset shall be substituted for its adjusted basis in determining gain on the disposition of an indexed asset, if held more than three years. Defines an indexed asset as: (1) common stock in a C corporation; and (2) tangible property which is a capital asset used in a trade or business. Defines the indexed basis as: (1) the adjusted basis of the asset, increased by; (2) the applicable inflation adjustment. Defines applicable inflation adjustment. Suspends treatment of an asset as an indexed asset during any period in which a taxpayer enters into an agreement which substantially reduces the risk of loss of holding the asset. Provides for the treatment of short sales. Permits such substitution, subject to stated exceptions, to any qualified investment entity. Permits stock in a regulated investment company or a real estate investment trust to be an indexed asset as specified. Provides for pass-through in the case of: (1) a partnership to partners; (2) an S corporation to shareholders; and (3) a common trust fund to participants. Makes the provisions of this section inapplicable to a disposition of property between related persons, except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Sets forth rules concerning: (1) improvements; (2) assets which are not indexed assets throughout the holding period; (3) treatment of certain dispositions; (4) acquisition date where there has been a prior application of this section; and (5) collapsible corporations. Applies the provisions of this section to the disposition of property the holding period of which began after December 31, 1996. (Sec. 203) Repeals the minimum tax preference applicable to the sale of certain small business stock. Doubles the amount of assets a qualified small business may have and remain eligible for reduced rates. Repeals the per-issuer limitation on a taxpayer's eligible gain. Requires that certain working capital of a small business must be expended in five (currently, two) years to be treated as actively in business. Subtitle B: Corporate Capital Gains - Provides for a reduction in the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Treats as a deductible capital loss a loss from the sale or exchange of a principal residence. Title III: Estate and Gift Provisions - Increases, over an eight year period, the unified estate and gift tax credit. (Sec. 302) Establishes estate tax rules for qualified family-owned business interests, if such interests exceed 50 percent of the adjusted gross estate. Excludes, subject to specified requirements, from the value of such an estate the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or; (2) the sum of $1.5 million, plus 50 percent of the excess of the adjusted value of such interests over $1.5 million. Subjects such exclusion to recapture, if specified events occur. (Sec. 303) Extends from 10 to 20 years the amount of time permitted to an estate for making installment payments of the estate tax in an estate consisting largely of interest in a closely held business. Revises provisions concerning the payment of interest on such tax to make a certain portion interest-free. Title IV: Savings Incentives - Increases incrementally, through the year 2000, the adjusted gross income phaseout limits for IRA (individual retirement account) contributions. Repeals, after the year 2000, such limits. Permits a spouse who is not an active IRA plan participant to make a deductible IRA contribution of up to $2,000 without regard to such limits. (Sec. 403) Permits an individual to create an IRA Plus Account into which limited nondeductible contributions can be made. Excludes a qualified distribution from gross income. Defines a qualified distribution as any distribution made: (1) after age 59 and one-half; (2) to a beneficiary after the death of the owner of the account; (3) because of disability; or (4) as a qualified special purpose distribution (medical expenses, long-term unemployment, etc.). Prohibits distributions made within five years of establishing (or, of rolling over into) such an account as being treated as qualified distributions. (Sec. 404) Permits tax-free withdrawals from an individual retirement account for: (1) business start-up costs; (2) long-term (more than 12 weeks) unemployment; or (3) higher education expenses of the taxpayer or the taxpayer's spouse or child.
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
International Dolphin Conservation Program Act - Amends the Marine Mammal Protection Act of 1972 to allow authorizations for the incidental taking of marine mammals during commercial purse seine yellowfin tuna fishing in the eastern tropical Pacific Ocean. Removes provisions requiring that, for purse seine yellowfin fishing, the goal of reducing incidental kill or serious injury to insignificant levels approaching zero be satisfied by the best safety techniques and equipment economically and technologically practicable. Modifies requirements regarding export by another nation to the United States of yellowfin tuna harvested with purse seine nets in the eastern tropical Pacific Ocean. Exempts a U.S. citizen from the Act in specified circumstances. Changes requirements regarding the issuance of general permits for the taking of marine mammals. Mandates negotiations to revise the Convention for the Establishment of an Inter-American Tropical Tuna Commission regarding: (1) provisions in the Declaration of Panama and the Straddling Fish Stocks and Highly Migratory Fish Stocks Agreement; and (2) a revised schedule of annual contributions to the Commission. Requires discussions with countries participating (or likely to participate) in the International Dolphin Conservation Program to identify funding sources for research and other measures promoting protection of marine species and the marine ecosystem. Amends the Dolphin Protection Consumer Information Act regarding the circumstances in which tuna products may be labeled "Dolphin Safe," including requiring certain statements by the vessel's captain (or in certain circumstances the captain and an observer). Mandates implementing regulations, including regulations ensuring the confidentiality of proprietary information and establishing a domestic tracking and verification program addressing the use of weight calculation, well location, and other matters. (Sec. 5) Amends the Marine Mammal Protection Act of 1972 to declare that it is U.S. policy to support the International Dolphin Conservation Program and to ensure that the U.S. market does not act as an incentive to tuna harvesting that is not in compliance with the Program. Mandates regulations to authorize and govern the incidental taking of marine mammals in the eastern tropical Pacific Ocean, including any species designated as depleted under the Marine Mammal Protection Act of 1972 but not listed as endangered or threatened under the Endangered Species Act. Mandates emergency regulations in certain circumstances. Requires undertaking or supporting scientific research to further the Program's goals. Authorizes appropriations to study and report to a specified congressional committee on the effect of chase and encirclement on the health and biology of dolphin and dolphin populations taken during purse seine yellowfin tuna fishing in the eastern tropical Pacific Ocean. Repeals existing research program provisions. Repeals provisions relating to bans on imports from countries failing to implement a moratorium on purse seine harvesting of tuna. Replaces provisions concerning permits for taking dolphins with provisions mandating issuance of a permit to a U.S. vessel authorizing participation in the Program. Prohibits U.S. vessels from operating in the eastern tropical Pacific Ocean yellowfin tuna fishery without such a permit. Authorizes permit sanctions for violations of prohibited acts provisions of the Act. Modifies the list of prohibited acts. Mandates criminal penalties for refusing to permit an authorized officer to board a vessel to search or inspect in connection with enforcement of provisions relating to a global moratorium to prohibit certain tuna harvesting practices. (Sec. 6) Amends the Tuna Conventions Act to modify the composition of the U.S. representation on the International Commission for the Scientific Investigation of Tuna and the Inter-American Tropical Tuna Commission. Modifies requirements regarding a related advisory committee.
United States · United States Congress · 21 January 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities. States that an authorization shall remain in effect until revoked and may be revoked at any time.
United States · United States Congress · 21 January 1997
National Missile Defense Act of 1997 - Directs the Secretary of Defense to develop for deployment a National Missile Defense (NMD) system which shall achieve operational capability by the end of 2003. Includes as system elements: (1) an interceptor system that optimizes defensive coverage of the United States; (2) fixed ground-based radar; (3) space-based sensors; and (4) battle management, command, control, and communications. Directs the Secretary to: (1) conduct an integrated systems test by the end of FY 1999; (2) use streamlined acquisition procedures; (3) develop a follow-on program that leverages off of, and that could augment, the NMD system to provide for a layered defense; and (4) report to the Congress on the plan for carrying out this Act, the appropriations required for FY 1998 through 2003, and the point at which activity would conflict with terms of the Anti-Ballistic Missile (ABM) Treaty. Urges the President, if necessary, to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year, to consider the option of withdrawing the United States from the ABM Treaty.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Safe and Drug-Free Schools Initiative Subtitle A: Student Opportunity and Safety Subtitle B: Common Sense School Safety Title II: Amendments to the Elementary and Secondary Education Act of 1965 Title III: Tax Incentives for Higher Education Title IV: Funding for Part B of the Individuals With Disabilities Education Act Title V: Adult Education and Family Literacy Subtitle A: Adult Education Act Subtitle B: Demonstration Programs and Projects to Promote Literacy Subtitle C: National Commission on Literacy Safe and Affordable Schools Act of 1997 - Title I: Safe and Drug-Free Schools Initiative - Subtitle A: Student Opportunity and Safety - Student Opportunity and Safety Act - Authorizes appropriations for the grants program established under this subtitle and for program evaluation. (Sec. 115) Directs the Secretary of Education to make grants to eligible entities for 20 to 30 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Gives priority to eligible entities that: (1) are conducting a school choice program, involving public or private schools, on the date of enactment of this Act; and (2) operate a school choice program, involving public and private schools, that is authorized by Federal law. Requires 90 percent of such grants (85 percent the first year) to be used for providing education certificates to low-income parents to pay tuition, fees, allowable transportation costs, and costs of certain special programs, for their eligible children to attend a choice school. Allows the remainder to be used for administration of the demonstration project. Declares that such education certificates shall be considered as: (1) aid to parents, not to the choice school. States that such education certificates shall not be considered income to an eligible child or its parent for Federal, State, or local tax purposes, or for determining eligibility for any other Federal program. Subtitle B: Common Sense School Safety - Common Sense School Safety Act - Chapter I: Pupil Safety and Family Choice - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow students, who are program-eligible or who attend a program-eligible school, to switch schools if they have been victims of violent crimes in or on the grounds of their schools. Authorizes the local educational agency (LEA) to use program funds to pay certain supplementary costs for such students to attend any other public or private elementary school or secondary school, including a sectarian school, in that State, that is selected by the student's parent. (Sec. 151) Authorizes States, State educational agencies (SEAs), or LEAs to transfer any non-Federal public funds associated with the education of a student who is a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school served by an LEA to another LEA or to a private elementary school or secondary school, including a sectarian school. Chapter II: Victim Assistance Programs - Amends the Victims of Crime Act of 1984 to authorize: (1) use of victim compensation program grant funds for compensation to students who are victims of school violence; and (2) grants for a demonstration project or for training and technical assistance services to a program that assists LEA programs designed to protect victims of and witnesses to incidents of school violence. Chapter III: Innovative Programs to Improve Unsafe Schools - Authorizes appropriations for the grants program established under this chapter. (Sec. 175) Authorizes the Secretary to award grants to States, SEAs, and LEAs for innovative programs to improve unsafe elementary schools or secondary schools. Gives priority to programs that: (1) provide parent and teacher notification of crimes or drug activity occurring at school; (2) provide for the suspension, delay, or restriction of driving privileges of persons under age 18 who have a conviction, an adjudication in a juvenile proceeding, or a finding in a school disciplinary proceeding, involving illegal drugs; (3) link local educational agencies with community-based mentoring programs; (4) include cooperative efforts between the Secretary and the Secretary of Defense to share the training and salary costs of former members of the Armed Forces who are hired as teachers and assigned to teach in public elementary schools and secondary schools, especially in communities adversely affected by the recent closing or substantial downsizing of a military base or facility; and (5) enhance school security measures. Chapter IV: Notification for Juvenile Justice and Law Enforcement Purposes - Directs the Secretary to prepare and distribute to SEAs and LEAs a notice regarding the extent of permissible disclosure of educational records under the General Education Provisions Act and related regulations. Title II: Amendments to the Elementary and Secondary Education Act of 1965 - State Education Flexibility Act - Amends ESEA to include under targeted uses of LEA innovative education assistance funds: (1) programs using scholarships or vouchers provided to a parent by an LEA that permit the parent to select the public or private, including sectarian, school that the parent's child will attend; (2) education reform projects that provide same gender schools, as long as comparable educational opportunities are offered for students of both sexes; and (3) education reform projects that reward teachers, administrators, and schools with cash bonuses and other incentives for significantly improving the academic performance of their students. Title III: Tax Incentives for Higher Education - Affordable College Act - Amends the Internal Revenue Code with respect to qualified State tuition programs to provide for Bob Dole Education Investment Accounts. Limits contributions to such an account to $1,000 in cash per calendar year for an account holder under age 18. Exempts such accounts from Federal income taxation, except the tax on the unrelated business income of charitable organizations. (Sec. 301) Prohibits the establishment of such an account for the benefit of more than one individual. Provides that, if at any time during a calendar year, two or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as a Bob Dole education investment account (except where more than one account exists solely by reason of a rollover contribution). (Sec. 302) Extends permanently the tax exclusion for educational assistance programs provided by employers. Allows such programs to include assistance for graduate education. (Sec. 303) Revises the tax treatment of qualified State tuition programs to exclude from gross income any distributions used for qualified higher educational expenses, including room and board. (Sec. 304) Allows a tax deduction for up to $2,500 per year of interest on education loans, with specified reductions for taxpayers whose adjusted gross income exceeds certain amounts. Allows such deduction whether or not the taxpayer itemizes other deductions. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. (Sec. 305) Excludes from gross income any payments received under a Federal work study program. Title IV: Funding for Part B of the Individuals With Disabilities Education Act - Amends the Individuals with Disabilities Education Act to extend the authorization of appropriations for Assistance for Education of All Children with Disabilities. Title V: Adult Education and Family Literacy - Subtitle A: Adult Education Act - Amends the Adult Education Act (AEA) to revise and consolidate AEA programs for adult education and family literacy, and to extend the authorization of appropriations for such programs. (Sec. 511) Revises requirements for Grants to Eligible Agencies, National Programs, and the National Institute for Literacy. Renames the National Institute Board the National Institute for Literacy Advisory Board. Directs the Secretary of Education to carry out a program of national leadership activities to enhance the quality of adult education and family literacy programs nationwide, including specified types of assistance, evaluation, and demonstration activities. (Sec. 512) Extends the authorization of appropriations for the functional literacy and life skills program for State and local prisoners. (Sec. 513) Revises specified provisions of the Refugee Education Assistance Act of 1980 and ESEA to conform to the amendments made to AEA. Subtitle B: Demonstration Programs and Projects to Promote Literacy - Amends ESEA title X (Programs of National Significance) to authorize the Secretary of Education to make grants to and contracts and cooperative agreements with SEAs, LEAs,, institutions of higher learning, and other public and private organizations to establish Demonstration Partnerships to Promote Literacy. Authorizes appropriations. Subtitle C: National Commission on Literacy - National Commission on Literacy - Establishes the National Commission on Literacy to review and report to the President and the Congress on the social and economic impact of illiteracy in the United States and any correlation between such impact and welfare costs, juvenile delinquency, special education, adult literacy programs, drug addiction, and underemployment. Authorizes appropriations.
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
TABLE OF CONTENTS: Title I: Transfer of Alien Prisoners Title II: Exclusionary Rule Reform Subtitle A: Exclusionary Rule Reform Subtitle B: Confession Reform Title III: Violent Crime, Drugs, and Terrorism Subtitle A: Criminal Penalties and Procedures Subtitle B: International Terrorism Subtitle C: Commissions and Studies Title IV: Community Protection Subtitle A: Law Enforcement Assistance Subtitle B: Citizens' Assistance Title V: Criminal Procedure Improvements Subtitle A: Equal Protection for Victims Subtitle B: Firearms Subtitle C: Federal Death Penalty Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title VII: Combating Violence Against Women and Children Subtitle A: General Reforms Subtitle B: Domestic Violence Title VIII: Violent Crime and Terrorism Subtitle A: Violent Crime and Terrorism Subtitle B: Courts and Sentencing Subtitle C: White Collar Crime Subtitle D: Miscellaneous Provisions Title IX: Prison Reform Subtitle A: Prison Litigation Reform Subtitle B: Federal Prisons Title X: Miscellaneous Provisions Title XI: Violent and Repeat Juvenile Offenders Subtitle A: Juvenile Justice Reform Subtitle B: Juvenile Gangs Subtitle C: Juvenile Crime Control and Accountability Omnibus Crime Control Act of 1997 - Title I: Transfer of Alien Prisoners - Transfer of Alien Prisoners Act of 1997 - Directs the Attorney General to begin transferring undocumented aliens who are incarcerated in the United States and whose convictions have become final to the custody of the government of the alien's country of nationality for service of the duration of the alien's sentence in that country, except for aliens who are nationals of a foreign country that the Secretary of State (Secretary) has determined has repeatedly provided support for acts of international terrorism. (Sec. 103) Directs the Secretary to: (1) renegotiate all treaties requiring the consent of such an alien to such a transfer; and (2) withdraw the United States as a party to any such treaty requiring such consent if the Secretary is unable to negotiate a new treaty that would go into effect by December 31, 1998. Specifies that the consent of an alien covered by this title shall not be required before such alien may be designated for transfer or before such alien may be transferred to the country of nationality of that alien. (Sec. 104) Directs the President, by March 1 of each year, to submit to the Congress: (1) a certification as to whether each foreign country has accepted, and has confined for the duration of their sentences, such persons; and (2) a report describing the operation of the provisions of this title, particularly with regard to the ten countries having the greatest number of their nationals incarcerated in the United States. (Sec. 107) Provides for the withholding of bilateral assistance, opposition to multilateral development assistance, and withholding of visas with respect to countries refusing to accept at least 75 percent of such nationals designated for transfer or to confine such persons for at least 85 percent of their sentences, with exceptions. Sets forth provisions regarding certification procedures, waivers, congressional review, and denial of assistance for countries decertified. (Sec. 108) Directs: (1) the Secretary to begin to negotiate and renegotiate bilateral prisoner transfer treaties; and (2) the President to submit to Congress an annual certification as to whether each such treaty in force is effective. Title II: Exclusionary Rule Reform - Subtitle A: Exclusionary Rule Reform - Exclusionary Rule Reform Act of 1997 - Amends the Federal criminal code (the code) to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the Fourth Amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless the exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Provides that evidence which is otherwise excludable under such provision shall not be excludable where the search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the pertinent statute, administrative rule or regulation, or rule of procedure. Subtitle B: Confession Reform - Amends the code to direct the Attorney General to require the Department of Justice (DOJ) to enforce, and defend nationally, the legality of confession reform provisions and, specifically, to pursue the admission into evidence of confessions that are voluntarily given. Provides that, in determining the issue of voluntariness: (1) DOJ shall consider all the circumstances surrounding the confession; (2) the presence or absence of any of certain listed factors shall not be conclusive; and (3) the fact that the defendant had not been advised, prior to questioning, of his or her right to silence and to the assistance of counsel shall not be dispositive. Title III: Violent Crime, Drugs, and Terrorism - Drug Investigation Support and Antiterrorism Act of 1997 - Subtitle A: Criminal Penalties and Procedures - Amends the code to: (1) make it a Federal offense to murder a person during and in relation to any international Olympic Games held in the United States; and (2) include among "internationally protected persons" any participant or guest attending any international sporting event sponsored and sanctioned by the International or United States Olympic Committee. (Sec. 312) Directs the Attorney General to supervise other Federal authorities and personnel in the provision of security services (including conducting a comprehensive review of plans for the housing of athletes and other eligible guests) by establishing an Olympic Security Task Force. Sets forth provisions regarding task force composition, requests for assistance, agreements and regulations, and expedited review of housing arrangements. (Sec. 313) Amends: (1) the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act) to include within provisions regarding malicious destruction by fire or explosives specified activities against any institution or organization receiving Federal financial assistance; and (2) related provisions under the code to cover such activities at public places. (Sec. 314) Makes it a Federal offense to knowingly develop, produce, acquire, stockpile, retain, transfer, own or possess any chemical weapon without lawful authority. Sets forth provisions regarding jurisdiction, payment to the United States of incidental expenses incident to seizure or destruction, criminal forfeiture, warrants for seizure, forfeiture orders, execution of such orders, disposition of seized property, authority of the Attorney General, bars on intervention, jurisdiction to enter orders, depositions, third party interests, and substitute assets. Subtitle B: International Terrorism - Urges the President to commence diplomatic efforts to establish a multilateral sanctions regime against each country that the Secretary determines to have repeatedly provided support for acts of international terrorism. Directs the President to include in the annual report on patterns of global terrorism a description of the extent to which such efforts have been carried out, the degree of their success, and a plan of action for inducing each such country to cease support for acts of international terrorism. (Sec. 322) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the annual country reports on terrorism to include with respect to each foreign country from which the U.S. Government has sought cooperation during the preceding five-year period in the investigation or prosecution of an act of international terrorism against U.S. citizens or interests, information on the extent to which the government of such country is cooperating with the U.S. Government in apprehending, convicting, and punishing each individual responsible and in preventing further acts of terrorism against U.S. citizens in the foreign country. (Sec. 323) Directs the Secretary to submit to specified congressional leaders annual classified and unclassified reports on international terrorism, including a detailed assessment of the efforts of individual countries to take effective action against countries determined to have repeatedly supported acts of international terrorism. (Sec. 324) Amends the State Department Basic Authorities Act of 1956 to replace the current Department of State rewards program with one under which the Secretary may pay a reward to any individual who furnishes information leading to: (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a person or property, for conspiring or attempting to commit such act, for specified narcotics-related offenses, or for aiding or abetting the commission of such acts; or (2) the prevention, frustration, or favorable resolution of such acts. Sets forth provisions regarding coordination with DOJ. Authorizes appropriations. Sets limitations on rewards. Makes an officer or employee of a governmental entity who, while performing official duties, furnishes such information ineligible for a reward under this section. Sets forth reporting requirements. Excludes from judicial review determinations by the Secretary regarding whether to authorize, or the amount of, a reward. Urges the Secretary to pursue additional means of funding the program. Subtitle C: Commissions and Studies - Establishes the National Commission on Terrorism. Title IV: Community Protection - Community Protection Initiative of 1997 - Subtitle A: Law Enforcement Assistance - Amends the code to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Subtitle B: Citizens' Assistance - Citizens' Assistance Act of 1997 - Grants congressional consent to States to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed firearms. (Sec. 423) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize State and local use of drug control and system improvement grant funds to train members of the public in the safe possession, ownership, handling, carrying, and use of firearms, subject to specified restrictions on the collection and use of data about any program participant; and (2) the Brady Handgun Violence Prevention Act to allow the sale, delivery, or transfer of a handgun to a person protected under a court order regarding harassment, stalking, threatening, or related conduct with respect to an intimate partner or such partner's child. Title V: Criminal Procedure Improvements - Subtitle A: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure (FRCP) to provide for six peremptory challenges by each side and rule 23 to allow six-member juries under specified circumstances; and (2) rule 404 of the Federal Rules of Evidence (FRE) to permit rebuttal of attacks on the victim's character. (Sec. 504) Amends the code to repeal a requirement that notice of release of prisoners be used only for law enforcement purposes. (Sec. 505) Amends the Federal judicial code regarding the balance in the composition of rules committees. Subtitle B: Firearms - Imposes the following minimum penalties: (1) five years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) ten years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 522) Provides mandatory penalties of ten or twenty years' imprisonment, respectively, for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses. (Sec. 523) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 524) Prohibits possession of an explosive during the commission of a felony. (Sec. 525) Doubles the penalty for a second offense of using an explosive to commit a felony. (Sec. 526) Amends: (1) the Controlled Substances Import and Export Act (CSIEA) to require the court to sentence a person convicted of specified acts of international drug trafficking (importation offense) consisting of bringing into the United States a mixture or substance equal to 100 usual dosage amounts of such mixture or substance, to life imprisonment without possibility of release (or death, for repeat violations); and (2) the code to make a second or subsequent importation offense consisting of bringing a controlled substance into the United States an aggravating factor in determining whether a death sentence is justified. Subtitle C: Federal Death Penalty - Revises Federal death penalty standards and procedures, including by requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) used or possessed a firearm during and in relation to the commission of the offense or in escaping or attempting to escape apprehension; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied upon in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or if it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. Amends the code to include death during commission of another crime as an aggravating factor for homicide. Adds many other such aggravating factors, such as that the victim of a capital offense was pregnant, handicapped, or a custodial parent of a child under age 18. (Sec. 542) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 543) Provides for imposition of the death penalty for murders committed in the District of Columbia. Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and CSIEA to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties. (Sec. 602) Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 603) Revises death penalty provisions under the code pursuant to regulations to be promulgated by the Attorney General. Directs a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate Federal facilities for that purpose. (Sec. 604) Limits the term of office of the Administrator of the Drug Enforcement Agency to a single ten-year period, with an exception. (Sec. 605) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. (Sec. 606) Amends the CSA to set mandatory minimum prison sentences for persons who use minors in drug trafficking activities or who sell drugs to minors. Increases penalties for committing drug offenses in drug-free zones. (Sec. 607) Amends the CSA and CSIEA to increases penalties for trafficking in listed chemicals. Title VII: Combating Violence Against Women and Children - Subtitle A: General Reforms - Makes religious organizations eligible to participate in any grant program authorized pursuant to the Violence Against Women Act of 1994 (VAWA) which allow for the participation of nongovernmental entities, programs, or agencies, or private organizations. Prohibits Federal or State governmental agencies receiving funds under any such program from discriminating against an organization on the basis that such organization has a religious character. (Sec. 702) Authorizes appropriations for FY 1999 under: (1) the Safe Streets Act for domestic violence arrest grants; (2) the VAWA for rural domestic violence and child abuse enforcement assistance; and (3) the Runaway and Homeless Youth Act for runaway, homeless, and street youth assistance grants. Subtitle B: Domestic Violence - Amends the code to authorize the death penalty for fatal interstate domestic violence offenses and fatal interstate violations of protective orders. (Sec. 713) Amends FRE 404 to allow the admission of evidence of the defendant's disposition toward the victim in domestic violence and other cases. (Sec. 714) Amends the code to provide for testing for the human immunodeficiency virus (HIV) in sexual assault cases. Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines to enhance the sentence in such cases where the offender knew he or she was infected, except if the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) provisions regarding payment of the cost of testing for sexually transmitted diseases to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Title VIII: Violent Crime and Terrorism - Subtitle A: Violent Crime and Terrorism - Amends the Antiterrorism Act to apply enhanced penalties for the use of explosives or arson crimes to damage or destroy the property of any institution or organization receiving Federal financial assistance. Redefines: (1) "biological agent" to include bacteria, fungi, rickettsiae, protozoa, or any synthesized component of any microorganism or infectious substance; and (2) "toxin" to include the toxic product of plants, animals, microorganisms, or a synthesized molecule. (Sec. 802) Includes within the scope of the kidnapping offense abductions when an individual travels in interstate or foreign commerce, or when the mail or a facility in interstate or foreign commerce is used, in furtherance of the offense. (Sec. 803) Expands provisions regarding violent crimes in aid of racketeering activity to cover all violent crimes in aid of racketeering activity and to increase penalties for specified attempt and conspiracy offenses. (Sec. 804) Amends: (1) the Brady Handgun Violence Prevention Act to provide that a person who conspires to commit an offense under the Act shall be subject to the same penalties (including the death penalty) as prescribed for the offense; and (2) the Antiterrorism Act to provide for the death penalty for conspiracies involving explosives. (Sec. 805) Includes as a "serious drug offense" (and a predicate offense under the Armed Career Criminal Act) an offense under State law which would have been punishable by a maximum term of at least ten years' imprisonment; (1) if it had been prosecuted as a CSA violation at the time of the offense; and (2) because of the type and quantity of the controlled substance involved. (Sec. 806) Increases penalties for violence in the course of a riot. (Sec. 807) Eliminates as a requirement for carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 808) Sets penalties for: (1) criminal offenses committed by persons formerly serving with, presently employed by, or accompanying the armed forces outside the United States; (2) the use of interstate commerce facilities in the commission of felony crimes of violence for hire; and (3) specified felony offenses directed at buildings or property in Indian country. (Sec. 810) Enhances penalties for offenses resulting in death involving assault on mail delivery people, robberies and burglaries involving controlled substances, interstate domestic violence, animal enterprise terrorism, and racketeering. Subtitle B: Courts and Sentencing - Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing useful investigative information although not regarding a particular individual. (Sec. 822) Amends the code to: (1) allow appeals by the United States in a criminal case to lie to a court of appeals under specified circumstances as to any part of any count; and (2) repeal a requirement that the U.S. attorney certify to the district court that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. (Sec. 824) Amends: (1) VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes; and (2) the code to authorize the court to impose a sentence of probation or supervised release with or without conditions when reducing a sentence of imprisonment in certain cases. Subtitle C: White Collar Crime - Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 843) Makes provisions regarding transportation of stolen vehicles, and sale or receipt of stolen vehicles, applicable to vessels (certain watercraft). (Sec. 844) Defines "subpoena for records," for purposes of provisions regarding obstruction of criminal investigations, to include a Federal grand jury subpoena for customer records that has been served relating to a violation of, or a conspiracy to violate, the CSA, CSIEA, or certain Internal Revenue Code (IRC) provisions. (Sec. 845) Authorizes the Attorney General to commence a civil action in Federal court to enjoin counterfeiting and forgery violations. Directs that a permanent or temporary injunction or restraining order be granted without bond. Requires the court to proceed as soon as practicable to the hearing and determination of such an action and authorizes the court, at any time before final determination, to enter such a restraining order or prohibition or to take such other action as is warranted. Specifies that a proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the FRCP. Subtitle D: Miscellaneous Provisions - Increases penalties for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 862) Makes the prohibition on the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of provisions relating to certain interceptions not involving governmental misconduct. (Sec. 863) Amends provisions concerning violations of, or crimes committed while on, probation or parole to violations of, or crimes committed while on, supervised release. (Sec. 864) Includes providing material support to designated foreign terrorist organizations as a predicate offense under money laundering provisions. (Sec. 866) Defines "financial institution" to cover foreign bank branches in a commonwealth, territory, or possession of the United States. Title IX: Prison Reform - Subtitle A: Prison Litigation Reform - Renames the Prison Litigation Reform Act (PLRA) of 1995 (title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA)) as the PLRA of 1996. (Sec. 902) Amends OCRAA provisions with respect to prison conditions to prohibit the court from ordering any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or that otherwise violates State or local law, unless Federal law requires (currently, permits) such relief to be ordered in violation of State or local law and other specified conditions are met. Sets forth provisions regarding orders refusing to impose a stay and court intervention. (Sec. 903) Amends the Civil Rights of Institutionalized Persons Act to provide that no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrative remedies. Limits recovery of attorney's fees except to the extent that such fees were directly and reasonably incurred in: (1) proving an actual violation of the plaintiff's Federal rights; (2) successfully obtaining contempt sanctions for a violation of previously ordered prospective relief that meets specified standards, if the plaintiff made a good faith effort to resolve the matter without court action; or (3) successfully obtained court ordered enforcement of previously ordered prospective relief that meets such standards, if the enforcement order was necessary to prevent an imminent risk of serious bodily injury to the plaintiff and the plaintiff made a good faith attempt to resolve the matter without court action. Requires the amount of the fee to be proportionately related to the court ordered relief for the violation. Specifies that: (1) if a monetary judgment is the sole or principal relief awarded, the award of attorney's fees shall not exceed 100 percent of the judgment; and (2) no award of attorney's fees shall be based on an hourly rate greater than 150 percent of the hourly rate established for payment of court-appointed counsel or $100 per hour, whichever is less. Authorizes a defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Specifies that such waiver shall not waive any affirmative defense available to the defendant and that no relief shall be granted to the plaintiff unless a response has been filed. Authorizes the court to direct any defendant to file a response. (Sec. 904) Amends Federal judicial code provisions regarding proceedings in forma pauperis to require the court to assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average of the highest monthly balance recorded for the prisoner's account for each of the six months immediately preceding the filing of the complaint or notice of appeal. Directs the agency having custody of the prisoner to forward certain deducted payments to clerk of the court either upon deduction or on a monthly basis, accompanied by appropriate documentation. Authorizes the agency, if the judgment for costs is held by the agency or the agency's employees having custody of the prisoner, to withdraw 20 percent of each deposit to the prisoner's account and apply that amount to payment of the judgment until the judgment is paid in full. (Sec. 905) Authorizes the court, in any civil action brought in Federal court by a prisoner other than a prisoner confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Permits the court, upon making such affirmative finding, to: (1) revoke good time credit or the institutional equivalent accrued to the prisoner; or (2) consider such finding in release determinations. (Sec. 906) Amends the PLRA to provide that any damages (currently, any compensatory damages) awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Repeals a requirement that the remainder of any such award be forwarded to the prisoner. (Sec. 907) Amends the PLRA to authorize the court, in any civil action brought by a person convicted of a crime and confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Directs the Bureau, if the court makes such affirmative finding, to revoke unvested good time credit or the institutional equivalent accrued to the prisoner. (Sec. 908) Specifies that: (1) credit that has not been earned may not later be granted and credit that has been revoked (under section 907) may not later be reinstated; and (2) credit awarded may be revoked by the Bureau for noncompliance with institutional disciplinary regulations at any time before vesting. Subtitle B: Federal Prisons - Creates an exemption from wiretapping provisions for: (1) interception by a law enforcement officer of any wire, oral, or electronic communication if at least one of the parties to the communication is an inmate or detainee in the custody of the Attorney General of the United States or is in the custody of a State or political subdivision thereof; or (2) the use of a pen register, trap and trace device, or clone pager if the facility is regularly used by such an inmate or detainee. Directs the Attorney General to promulgate regulations governing such interceptions to protect communications protected by the attorney-client privilege and the right to counsel guaranteed by the sixth amendment. (Sec. 912) Requires the Bureau (with exceptions) to ensure that no prisoner or detainee under its jurisdiction: (1) engages in any physical activity designed to increase or enhance fighting ability or to increase physical strength; and (2) is permitted access to certain television or movie viewing, sexually explicit printed material, or bodybuilding or weightlifting equipment; (3) is permitted possession of any in-cell coffee pot, hot plate, or other heating element; or (4) is permitted use or possession of electric or electronic musical equipment. Requires the Director to ensure that each convicted inmate in the custody of the Attorney General and confined in a Federal prison, correctional facility, jail, or other facility shall be engaged in work. Sets forth provisions regarding determination of type of work, excuse from such requirement, and lack of compensation. (Sec. 913) Directs the Bureau to make available appropriate substance abuse treatment for each prison the Bureau determines has a treatable drug abuse problem, with priority to younger offenders and those who would benefit most from the treatment. Repeals provisions regarding requirements for a phase-in of substance abuse treatment and regarding incentives for prisoners' successful completion of treatment. Title X: Miscellaneous Provisions - Expresses the sense of the Senate that: (1) the Office of National Drug Control Policy should be reauthorized for an additional five years; and (2) prior to any such reauthorization, the Senate Judiciary Committee should conduct an extensive review of the National Drug Control Strategy for 1997 submitted by President Clinton. (Sec. 1002) Directs the Secretary of Health and Human Services to require hospitals or health care service providers that receive Federal Medicare or Medicaid payments, as an additional certification requirement, to certify that none of their physicians or other health care professionals prescribes or recommends a schedule I substance to any person. Sets forth reporting requirements. Directs the Attorney General to revoke the DEA registration of any physician or provider who recommends or prescribes such a substance. (Sec. 1003) Directs the Federal Communications Commission to: (1) coordinate with the President's Commission on Alcohol and Drug Abuse Prevention to develop a comprehensive education and public service program targeting youth drug abuse; (2) encourage the priority use of public service resources dedicated to promoting youth drug abuse prevention and education; (3) contact and encourage the donation of greater public resources dedicated to youth drug abuse programs from specified organizations and industries, such as television, movies, the recording and advertising industries, business, and professional sports; and (4) encourage each of such organizations and industries to assist the implementation of new programs and national strategies for dissemination of information intended to prevent youth drug abuse. (Sec. 1004) Directs the Secretary to review all extradition treaties in force and, if necessary, to renegotiate all such treaties, to ensure that certain offenses involving the sexual exploitation and abuse of children are extraditable offenses. Sets forth provisions regarding tolling of the statute of limitations. (Sec. 1005) Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish clubs facilities where needed, with particular emphasis on establishing clubs in public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established during the next fiscal year and a plan to insure that there are a total of not less than 2,000 BGCA facilities in operation before January 1, 2000; (2) certifies that there will be appropriate coordination with those communities where clubs will be located; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program. (Sec. 1006) Increases penalties for cellular telephone interceptions. Title XI: Violent and Repeat Juvenile Offenders - Violent and Repeat Juvenile Offender Act of 1997 - Subtitle A: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 1112) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 1113) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 1115) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution for adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 1119) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 1120) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 1121) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Subtitle B: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 1143) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this subtitle's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 1144) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 1145) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 1146) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under RICO; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 1148) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 1149) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in DOJ's criminal division to prosecute juvenile criminal street gangs. Subtitle C: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this subtitle. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this subtitle. (Sec. 1163) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 1167) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of VCCLEA; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 1168) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 1169) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the IRC, to be used for Federal programs to combat youth violence.
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.
United States · United States Congress · 3 October 1996
Designates November 1996 as National American Indian Heritage Month.
United States · United States Congress · 30 September 1996
Requires the President: (1) to appoint a Special Master to mediate the issues involved in the impasse regarding fish and game management responsibilities in Alaska ; and (2) in making such appointment, to give careful consideration to recommendations submitted by the Governor of Alaska, the President of the Alaska State Senate, and the Speaker of the Alaska State House. Requires the principal office of the Special Master to be in Alaska. Directs the Special Master to: (1) review existing State and Federal laws regarding subsistence use of fish and game resources in Alaska; (2) recommend specific actions to the Congress and to Alaska that assure that Alaska recovers and retains management authority and responsibility for fish and game on all of its lands, that provide for the continuation of the opportunity for subsistence uses by Alaska residents, including both Natives and non-natives, on the public lands and by Alaska Natives on Native lands which is essential for Native physical, economic, traditional, and cultural existence, and to non- native physical, economic, traditional, and social existence; and (3) report to the Secretary, the Congress, the Governor, and the Alaskan legislature. Makes the report available to the public. Authorizes appropriations.
United States · United States Congress · 27 September 1996
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act.
United States · United States Congress · 27 September 1996
Public Lands Protection Act of 1996 - Amends the Antiquities Act of 1906 to prohibit an extension or establishment of a national monument on public land without full compliance with the National Environmental Policy Act, the Endangered Species Act, and an express Act of Congress.
United States · United States Congress · 27 September 1996
Urges the President to categorically disavow any intention of issuing a presidential pardon to James or Susan McDougal or Jim Guy Tucker, and thereby affirm the principle that, in the U.S. justice system, no person is above the law.
United States · United States Congress · 24 September 1996
Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.
United States · United States Congress · 24 September 1996
Commends Operation Sail and encourages its continuation into the next millennium. Encourages all individuals to join in the celebration of the 224th birthday of the United States of America and the international camaraderie that Operation Sail and the International Naval Review will foster.
United States · United States Congress · 24 September 1996
Designates room S. 131 in the U.S. Capitol Building as the Mark O. Hatfield Room.
United States · United States Congress · 18 September 1996
Designates October 18, 1996, as National Mammography Day.
United States · United States Congress · 16 September 1996
Authorizes passenger transportation in foreign-flag cruise vessels between Alaska ports, and between Alaska ports and those on the west coast of the contiguous States. Prescribes procedural guidelines under which the Secretary of Transportation shall notify the owner or operator of one or more foreign-flag vessels that he shall terminate the authorization for the foreign-flag vessel to provide passenger transportation upon a showing by the owner or charterer of a U.S. cruise vessel that the U.S. vessel is offering such passenger service pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation. States that coastwise privileges granted a foreign-flag cruise vessel under this Act shall expire on the 365th day following receipt of the Secretary's termination notification.
United States · United States Congress · 12 September 1996
Directs the Secretary of the Interior to make a grant to the Alaska Federation of Natives to further investigate and report to the Congress with proposals to implement the recommendations of the Alaska Natives Commission. Authorizes appropriations. Encourages additional State funding for the completion of the study.
United States · United States Congress · 2 August 1996
Amends the Internal Revenue Code to exempt governmental pension plans from nondiscrimination and minimum participation rules.
United States · United States Congress · 2 August 1996
Makes technical corrections in the enrollment of H.R. 1975 (management of royalties from Federal and Outer Continental Shelf oil and gas leases).
United States · United States Congress · 30 July 1996
White House Accountability Act - Amends Federal law to provide for application of the following Federal laws to each component of the Executive Office of the President and the Office of the Vice President (the employing offices): (1) the Fair Labor Standards Act of 1938; (2) title VII of the Civil Rights Act of 1964; (3) the Americans with Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) Federal law relating to Federal service labor-management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Rehabilitation Act of 1973; and (11) Federal law relating to veterans' employment and reemployment. Outlines various specified remedies for violations under such laws as well as administrative and judicial dispute-resolution procedures for considering alleged violations. Establishes the White House Compliance Board as an independent establishment within the executive branch. (Sec. 3) Provides that each Federal law governing employment in the private sector that is enacted later than 12 months after this Act is enacted shall be deemed to apply to employing offices and covered employees unless such law specifically provides otherwise and expressly cites this Act. (Sec. 4) Amends the Government Employee Rights Act of 1991, as redesignated by the Congressional Accountability Act of 1995, to repeal rights, protections, and remedies with respect to employment of presidential appointees.
United States · United States Congress · 29 July 1996
Directs the Secretary of the Interior to enter into expedited negotiations with the Alaska Native Village Corporations of Tyonek Native Corporation, Chickaloon-Moose Creek Native Association, Inc., Ninilchik Native Association, Inc., and Knikatnu, Inc. to convey to the Village Corporations certain lands or interests in the Cook Inlet Region of the State of Alaska or other alternative financial consideration in partial fulfillment of the acreage entitlement of each Village Corporation under the Alaska Native Claims Settlement Act of 1971. Sets forth provisions concerning the inability to reach an agreement between the Secretary and a Village Corporation.
United States · United States Congress · 16 July 1996
Indian Child Welfare Act Amendments of 1996 - Amends the Indian Child Welfare Act of 1978 to provide for retention by an Indian tribe of exclusive jurisdiction over child custody proceedings involving specified Indian children. Revises requirements, with respect to Indian children, regarding: (1) the voluntary termination of parental rights; and (2) the withdrawal of a consent to such voluntary termination or to adoption. Requires a party seeking the voluntary placement of an Indian child or the voluntary termination of parental rights to provide written notice to the Indian child's tribe. Sets forth the requirements for such a written notice. Permits an Indian tribe to intervene only if a child's tribe has filed a written objection, but permits the child's Indian tribe to intervene in any case in which the Indian tribe did not receive a written notice. Provides criminal sanctions for fraudulent representation with respect to any proceeding involving an Indian child.
United States · United States Congress · 16 July 1996
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Private Property Owners Administrative Bill of Rights Title VI: Miscellaneous Omnibus Property Rights Act of 1996 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required. Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. Title V: Private Property Owners Administrative Bill of Rights - Directs Federal agency heads enforcing the Endangered Species Act and the Federal Water Pollution Control Act to: (1) comply with State and tribal laws; (2) act in the manner least intrusive to private property rights; (3) implement rules and regulations to ensure the protection of those rights; (4) refrain from entering private property to acquire information without the written consent of and notice to the owner; and (5) refrain from using data collected on privately owned property to implement or enforce such Acts without providing the property owner with access to and the opportunity to dispute the data. (Sec. 506) Amends the Federal Water Pollution Control Act and the Endangered Species Act of 1973 to establish property owner appeal rights. (Sec. 508) Requires agency heads to provide owners of private property adversely affected by agency action with the option to: (1) sell the property to the agency for fair market value without use restrictions; (2) receive compensation for any resulting decrease in the property's fair market value; or (3) enter into arbitration. Requires that payment under this title, at the property owner's election, be provided for in accordance with the standard specified under title II of this Act, or in the amount equal to the fair market value of the property before the date of the final agency action with respect to which the property or interest is acquired. (Sec. 509) Amends the Endangered Species Act of 1973 to require notice to all private property owners or lessees of property subject to the Act of any new management agreement with a non-Federal person that establishes restrictions on property use, providing each of them the opportunity to participate in the agreement. Title VI: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 9 July 1996
Nuclear Waste Policy Act of 1996 - Amends the Nuclear Waste Policy Act of 1982 to revise it and rename it the Nuclear Waste Policy Act of 1996. 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. Instructs the Secretary to acquire necessary lands and rights-of-way along the "Chalk Mountain Heavy Haul Route." Directs the Secretary to offer to enter into a prescribed benefits agreement with Lincoln County, 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: (1) transportation readiness for spent nuclear fuel and high-level radioactive waste from sites designated by the contract holders to mainline transportation facilities; and (2) 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 prohibiting 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 an 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. Requires the Secretary to report to the Congress on alternatives for the permanent disposal of spent nuclear fuel and high-level radioactive waste. Establishes the Office of Nuclear Waste Disposal Research to implement research, development, and demonstration activities on such alternative technologies. Instructs the Secretary to establish a university-based Nuclear Waste Disposal Consortium of academic institutions, national laboratories, the commercial nuclear industry, and other organizations to investigate and report to the Congress on the technical and institutional feasibility of such alternative technologies. 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 for a fee. Prescribes a schedule of annual fees 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. Mandates annual fee reviews, and adjustment proposals to the Congress if appropriate. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. 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 Nuclear Regulatory Commission (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 therefor. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an 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 funds from 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. Repeals mandates and authorizations for the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. 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.
United States · United States Congress · 27 June 1996
Amends specified Federal trade laws to replace the term "most-favored-nation" status or treatment with the term "normal trade relations."
United States · United States Congress · 27 June 1996
Amends the Alaska National Interest Lands Conservation Act to add a new congressional statement of purpose which requires all Federal public land managers in Alaska to participate in an ANILCA training class. Defines, for purposes of title XI (Transportation and Utility Systems In and Across, and Access Into, Conservation System Units) of such Act, "compatible with the uses for which the unit was established" to mean activities which would not cause significant adverse impacts on conservation system unit purposes. Requires, under such title, that any alternative transportation or utility system route that may be identified by the head of a Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant. Revises provisions concerning, among other things: (1) right of access to State or private owners or occupiers; (2) the use of snowmobiles, airplanes, and nonmotorized surface transportation for traditional activities; (3) possessory or personalty interests in, as well as alterations to, cabins located on conservation system units; (4) the taking of fish and wildlife; and (5) helicopter landings. Prohibits the Secretary of the Interior from establishing policies for the purpose of administering any study area to preserve wilderness values prior to action by the Congress. Prohibits anything in ANILCA from being construed as limiting or restricting the power and authority of the State of Alaska, except as expressly provided.
United States · United States Congress · 24 June 1996
Mollie Beattie Alaska Wilderness Area Act - Amends the Alaska National Interest Lands Conservation Act to designate that portion of the Artic National Wildlife Refuge Wilderness located in the Brooks Range as the Mollie Beattie Alaska Wilderness Area. Requires the Secretary of the Interior to place a monument in honor of Mollie Beattie's contributions to fish, wildlife, and waterfowl conservation and management at the entrance of the Area or another suitable location designated by the Secretary. Authorizes appropriations.
United States · United States Congress · 19 June 1996
Kenai Natives Association Equity Act Amendments of 1996 - Provides for the exchange and acquisition of specified lands in Alaska between the United States and the Kenai Natives Association, Inc. Directs the Secretary of the Interior to nominate the Stephanka Tract to the National Register of Historic Places upon completion of such exchange. States that certain of such lands shall be added to the Kenai National Wildlife Refuge and the Kenai Wilderness. Authorizes appropriations.
United States · United States Congress · 19 June 1996
Energy Policy and Conservation Act Amendments of 1996 - Amends the Energy Policy and Conservation Act to extend from June 30 to September 30, 1996, all authorities relating to: (1) domestic energy supply availability (including the Strategic Petroleum Reserve and contracting authority for foreign-owned petroleum products); and (2) energy emergency preparedness.
United States · United States Congress · 18 June 1996
Condemns arson and other acts of desecration against churches and other houses of worship as being totally inconsistent with fundamental American values. Expresses the Senate's belief that investigation and prosecution of those who are responsible for fires at such entities, and especially any incidents of arson whose purpose is to divide communities or to intimidate any Americans, should be a high national priority.
United States · United States Congress · 13 June 1996
Indian Health Care Improvement Technical Corrections Act of 1996 - Makes technical corrections to the Indian Health Care Improvement Act, including revisions concerning: (1) the deferral of a health professional's active duty service obligation; and (2) the right of recovery against an insurance company for failure to provide reasonable assurances. Authorizes appropriations through FY 2000 for the: (1) California Contract Health Services Demonstration Program; (2) Medicare and Medicaid Demonstration Program; (3) Gallup Alcohol and Substance Abuse Center; (4) Substance Abuse Counselor Education Demonstration Program; and (5) Home and Community-Based Care Demonstration Program.
United States · United States Congress · 13 June 1996
Environmental Improvement Timber Contract Extension Act - Extends and modifies the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska.
United States · United States Congress · 11 June 1996
Medicare Restoration Act of 1996 - Establishes the National Commission on Medicare Reform to: (1) review relevant analyses of the current, short-term, and long-term financial condition of the Medicare trust funds; (2) identify problems that threaten their solvency; (3) analyze potential solutions to such problems that will both assure Medicare's financial integrity and the provision of appropriate benefits under it; (4) make recommendations to restore the solvency of the Federal Hospital Insurance Trust Fund and to provide for sustainable growth of the Supplementary Medical Insurance Trust Fund; and (5) review and analyze such other matters as the Commission deems appropriate. Requires a report to the President and the Congress. Directs the Secretary of Health and Human Services to provide funding for the Commission.
United States · United States Congress · 11 June 1996
Designates the balcony adjacent to rooms S-230 and S-231 of the U.S. Capitol Building as the Robert J. Dole Balcony.
United States · United States Congress · 7 June 1996
Requires the Secretary of the Interior to convey to the University of Alaska, as a grant and in fee simple, a basic Federal entitlement of 350,000 acres of Federal lands in Alaska. Authorizes the University to submit to the Secretary a list of selected properties to be received under the conditions of this grant. Limits the selections to 385,000 acres. Requires the Secretary to notify the University of the acceptance of or objection to each selection, including reasons for objections. Prohibits the Secretary from approving or conveying under this grant any Federal lands: (1) which are included in a Conservation System Unit; or (2) validly selected but not conveyed to Alaska or the corporations organized pursuant to the Alaska Native Claims Settlement Act. Restricts land conveyance to the University to the extent that the State of Alaska conveys or has conveyed an equivalent amount of acreage to the University after June 7, 1996.
United States · United States Congress · 6 June 1996
TABLE OF CONTENTS: Title I: Recognition of the Millennium Society Title II: Commemorative Coins Title III: Commemorative Postage Stamps Millennium Society Act of 1996 - Title I: Recognition of the Millennium Society - Recognizes the Millennium Society (a nonprofit U.S. corporation chartered and organized under the laws of the State of Illinois on November 21, 1983) and any other organization that is organized and operated by the corporation exclusively for charitable and educational purposes. (Sec. 105) Sets forth the goals and purposes of the Society, which include: (1) establishing national goals for commemoration and celebration of the millennium in the United States and U.S. participation in such international events; (2) exercising exclusive jurisdiction over all matters pertaining to U.S. participation in commemorations or celebrations of the millennium; (3) coordinating activities and holding forums and symposiums to promote educational and cross-cultural exchange; and (4) establishing, endowing, and administering the Millennium Scholars Program. (Sec. 114) Grants the Society the sole and exclusive right to the use of specified symbols, emblems, trademarks, and names to carry out its functions. Authorizes the Society to allow contributors and suppliers of goods and services to use the Society's trade name, trademarks, symbols, insignia, emblems, seals, descriptive or designating marks, and slogans in advertising under specified conditions. Subjects to a civil action by the Society for the remedies provided in the Trademark Act of 1946 any person who, without the Society's consent, uses its trademark, symbol, insignia, emblem, seal, descriptive or designating mark, or slogan: (1) for the purposes of trade; (2) to induce the sale of any goods or services; (3) or to promote any theatrical exhibition, performance, or competition. Exempts persons who lawfully used such a symbol or slogan before the enactment of this Act. Allows the individuals to continue such lawful use for the same purpose and for the same goods or services. Title II: Commemorative Coins - Directs the Secretary of the Treasury to mint five-dollar gold coins and one-dollar silver coins emblematic of the events of the second millennium and the advent of the third. (Sec. 204) Provides for the issuance of such coins beginning on July 1, 1999, and ending on January 1, 2001. (Sec. 207) Requires all surcharges received from coin sales to be promptly paid to the Society, under specified conditions, to be used only for the purpose of supporting the Millennium Scholars Program. Title III: Commemorative Postage Stamps - Urges the U.S. Postal Service to cooperate with the Secretary and the Society in the: (1) issuance of appropriate first day of issuance postage stamps commemorating the end of the second millennium and the advent of the third; and (2) production of a philatelic numismatic combination as a unique item to be made available to the public for such commemoration.
United States · United States Congress · 5 June 1996
National Recreation Lakes Study Act of 1996 - Amends the Land and Water Conservation Fund Act of 1965 to require the President to appoint an advisory commission to review and report to the President and specified congressional committees on the extent of water related recreation at Federal man-made lakes and reservoirs and alternatives to enhance the opportunities for such use by the public.
United States · United States Congress · 4 June 1996
Designates June 15, 1996, as National Race for the Cure Day.
United States · United States Congress · 23 May 1996
Aleutian World War II National Historic Areas Act of 1996 - Designates areas on the island of Amaknak, Alaska, to comprise the Aleutian World War II National Historic Area. Authorizes the Secretary of the Interior to award grants and provide technical assistance to the Ounalaska Corporation and the city of Unalaska for planning, development, and historic preservation.
United States · United States Congress · 23 May 1996
Amends the Compact of Free Association Act of 1985 to: (1) extend, upon request of the Government of the Marshall Islands, certain agricultural and food assistance programs for the Bikini and Enewetak people, for another five years; and (2) ensure on an ongoing basis that the commodities provided reflect the population changes that have occurred since the effective date of the Compact. Repeals the mandate that the Secretary of the Interior transfer administration of the American Memorial Park (in Saipan) to the government of the Northern Mariana Islands. Amends the Organic Act of Guam to provide for transfer of Federal excess real property by the Administrator of General Services to the government of Guam. Repeals a limitation upon the use of specified land conveyed to the government of Guam. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend State treatment with respect to certain drug enforcement programs to the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. Amends the Revised Organic Act of the Virgin Islands to provide that: (1) the physical absence of the Governor from the territory while on official business shall not be construed as a "temporary absence" involving a surrender of authority and power; (2) Virgin Islands revenue bonds, instead of the current priority for payment, shall have a parity lien with every other subsequently issued obligation; and (3) specified advanced refundings rules of the Internal Revenue Code shall not apply to advance refunding bonds issued by the Virgin Islands after specified dates. Establishes the Commission on the Economic Future of the Virgin Islands to make recommendations to the President and the Congress on policies and programs for a secure and self-sustaining future for the local economy of the Virgin Islands through 2020, as well as the Federal role in providing for that future. Authorizes appropriations.
United States · United States Congress · 23 May 1996
Kake Tribal Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of the Interior, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Kake Tribal Corporation title to certain land suitable for development; (2) Sealaska Corporation title to subsurface estate in such land needed as a municipal watershed area; and (3) United States, by the Kake Corporation, specified lands. Directs that timber harvested from lands conveyed to the Kake Tribal Council shall not be made available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska.
United States · United States Congress · 23 May 1996
Authorizes appropriations for the Advisory Council on Historic Preservation for FY 1997 through 2002.