Defence

A joint resolution proposing an amendment to the Constitution of the United States to require a balanced budget.

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.

Omnibus Crime Control Act of 1997

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.

A resolution on the ratification of the Chemical Weapons Convention.

United States · United States Congress · 21 January 1997

Expresses the sense of the Senate that the advice and consent of the Senate to the ratification of the Chemical Weapons Convention should be subject to certain conditions, binding upon the President, which include: (1) U.S. participation in Amendment Conferences with respect to proposed amendments to the Convention; (2) presidential certification of Russia's compliance with certain data declarations under the Wyoming Memorandum of Understanding dated September 23, 1989, and agreement to implement the Bilateral Destruction Agreement; (3) presidential consultation with the Senate with respect to noncompliance of parties to the Convention, and specified measures to take in the event of continuing noncompliance; (4) the Russian share in financing of the Convention; and (5) presidential consultation with the Senate with respect to any U.S. unilateral reduction of chemical weapons. Expresses the sense of the Senate that the advice and consent of the Senate to ratification of the Convention should be subject to certain declarations, including calls for: (1) further reductions of U.S. armed forces or armaments; (2) U.S. retaliation with respect to the use of chemical weapons against U.S. military forces or civilians; (3) maintenance of a U.S. chemical defense program; (4) vigorous enforcement of the Convention; (5) the United States, in exchange for providing financial assistance for the destruction of Russian chemical weapons, to require Russia to destroy its chemical weapons stocks at a proportional rate to the destruction of U.S. chemical weapons stocks; and (6) the President to give priority to development of nonchemical, nonlethal alternatives to riot control agents. Declares that the President should consult with the Senate on an urgent basis to determine whether adherence to the Convention remains in the U.S. national interest if a non-party country expands its chemical weapons arsenals so as to jeopardize supreme U.S. national interests. Requires the President to notify specified congressional committees of any determination that Russia is not in compliance with the Convention, together with an explanation of why it is in U.S. national interests to continue as a party to the Convention.

To prohibit, in connection with the termination of Army activities at the Stratford Army Engine Plant, Stratford, Connecticut, the expenditure of Federal funds to cover the costs of relocating a Government contractor currently located at that installation.

United States · United States Congress · 21 January 1997

Prohibits Department of Defense funds from being used to relocate any Government contractor from the Stratford Army Engine Plant, Connecticut, in connection with the termination of Army activities under the Defense Base Closure and Realignment Act of 1990.

Commission on Servicemembers and Veterans Transition Assistance Improvement Act of 1997

United States · United States Congress · 21 January 1997

Commission on Servicemembers and Veterans Transition Assistance Improvement Act of 1997 - Amends the Veterans' Benefits Improvement Act of 1996 to require the entire Commission on Servicemembers and Veterans Transition Assistance (currently, only specified members of such Commission) to review programs intended to assist members of the armed forces at the time of their separation from military service, including programs designed to assist families of such members.

Persian Gulf War Veterans Compensation Act of 1997

United States · United States Congress · 21 January 1997

Persian Gulf War Veterans Compensation Act of 1997 - Extends until ten years after the date on which a veteran last performed active military duty in the Persian Gulf War the time period in which a chronic disability resulting from an undiagnosed illness must become manifest and be therefore compensable through veterans' disability compensation. (Currently, the presumptive time period is to be determined by the Secretary of Veterans Affairs.)

To provide for a special Medicare part B enrollment period and a special medigap open enrollment period for certain military retirees and dependents.

United States · United States Congress · 20 January 1997

Instructs the Secretary of Health and Human Services, in the case of certain military retirees and dependents, to provide for a special enrollment period during which such an individual may enroll under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits an issuer of a Medicare supplemental (Medigap) policy, in the case of such an individual who seeks to enroll during such special enrollment period, from denying or conditioning the issuance or effectiveness of such a policy, or from discriminating in its pricing on the basis of the individual's health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, or disability.

Omnibus Patent Act of 1997

United States · United States Congress · 9 January 1997

TABLE OF CONTENTS: Title I: Patent and Trademark Office Modernization Subtitle A: United States Patent and Trademark Office Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Examining Procedure Improvements: Publication with Provisional Royalties; Term Extensions; Further Examination Title III: Protection for Prior Domestic Users of Patented Technologies Title IV: Enhanced Protection of Inventors' Rights Title V: Improved Reexamination Procedures Title VI: Miscellaneous Improvements 21st Century Patent System Improvement Act - Title I: Patent and Trademark Office Modernization - Patent and Trademark Office Modernization Act - Subtitle A: United States Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation under the policy direction of the Secretary of Commerce, except as otherwise provided in this title. Requires the Office to maintain its principal office in the District of Columbia metropolitan area. Makes the Office responsible, with the concurrence of the Secretary of State, for authorizing the transfer of not to exceed $100,000 in any year to the Department of State to make special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters. Authorizes the Office to retain and use all of its revenues and receipts, subject to the Omnibus Budget Reconciliation Act of 1990. (Sec. 113) Requires Office management to be vested in a Director of the United States Patent and Trademark Office. (Currently, such management is vested in a Commissioner of Patents and Trademarks.) Requires the Director to appoint a Commissioner for Patents and a Commissioner for Trademarks. Exempts the Office from any administratively or statutorily imposed limitations on positions or personnel. Subjects Office employees to provisions governing Federal employees and requires the Office to adopt all existing labor agreements. (Sec. 114) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Director. (Sec. 115) Repeals provisions subjecting the Director's performance (including regulations governing agents and attorneys representing the Office) to the direction or approval of the Secretary of Commerce. (Sec. 116) Revises the composition of the Trademark Trial and Appeal Board to include the Director, the Commissioner for Patents, the Commissioner for Trademarks, and appointed members. (Sec. 117) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Director's discretion to designate Office attorneys to conduct hearings relating to the suspension or exclusion from practice of certain individuals; (5) Office receipts, expenditures, and borrowing authority; and (6) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions vested in the Office by this title. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for their duration for necessary expenses in connection with such action. Title II: Examining Procedure Improvements: Publication With Provisional Royalties; Term Extensions; Further Examination - Examining Procedure Improvements Act - Amends Federal patent law to require each application for a patent, other than certain design patents, to be published promptly after the expiration of 18 months from the earliest filing date for which a benefit is sought. Allows an earlier application publication at the request of the applicant. Prohibits information concerning published patent applications from being made available to the public, except as the Director determines, such decision being final and nonreviewable. Provides publication requirement exceptions. Authorizes the Director to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance opposition. (Sec. 203) Entitles a patent applicant to claim the benefit of an earlier filing date in a foreign country if a claim (identifying the original foreign application by its application number, country, and date of filing) is filed in the Office at any such time during the pendency of the application as required by the Director. Allows the Director to: (1) consider the failure by the applicant to file a timely claim for priority as a waiver of such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application and related information, as necessary. (Sec. 204) Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, between the date of publication of the application and the date the patent is issued: (1) makes, uses, or sells in or imports into the United States the claimed invention; or (2) if the invention is a process, uses, offers for sale, or sells in or imports into the United States products made by that process; and (3) had actual notice of the published application or a translation of the international application. Bases the right to such royalty on substantially identical inventions only and only when brought within six years after patent issuance. Specifies the commencement date of the period for obtaining a royalty based upon the publication of an international application designating the United States. (Sec. 205) Provides that a person shall not be entitled to a patent if the invention was described in a published application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. (Sec. 206) Requires the Director to recover the cost of an early publication by adjusting the filing, issue, and maintenance fees, by charging a separate publication fee, or by any combination of such fees. (Sec. 208) Provides for the extension of the term of a patent the issue of which is delayed due to an unusual Office administrative delay. Limits to ten years the total duration of extensions which result from administrative or judicial review, Office administrative delay, or both. Reduces the extension period by the time in which the applicant failed to engage in reasonable efforts to conclude prosecution of the application. (Sec. 209) Requires the Director to prescribe regulations for the further limited reexamination of patent applications. (Sec. 210) Extends to the next business day the last day of pendency of a provisional application when such day will normally fall on a Saturday, Sunday, or Federal holiday. (Sec. 211) Requires the Director, beginning in 2001, to report annually to the Congress regarding the impact of patent applications filed by an applicant who has been accorded the status of independent inventor. Title III: Protection for Prior Domestic Users of Patented Technologies - Protection for Prior Domestic Commercial Users of Patented Technologies Act - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications, including those regarding: (1) burden of proof; (2) abandonment of use; (3) who may assert the defense (it is a personal defense); (4) unsuccessful assertion of the defense; and (5) invalidity of a patent. Title IV: Enhanced Protection of Inventors' Rights - Enhanced Protection of Inventors' Rights Act - Requires that every contract for invention development services be in writing and that a copy of the signed written contract be given to the customer at the time the customer enters into the contract. Outlines information required to be included in the contract by the invention developer. Allows a customer to terminate such a contract by sending a written letter to the invention developer stating the intent to cancel. Prescribes language and information required to be included in a cover notice on every such contract. Requires the invention developer to deliver to the customer quarterly progress reports. Outlines mandatory terms for invention development services contracts. Makes voidable by the customer any such contract which does not comply with provisions of this title or which is entered into in reliance upon any material false, fraudulent, or misleading information, representation, notice, or advertisement of the invention developer. Provides appropriate remedies through civil actions, including damages, costs, and reasonable attorney's fees. Requires the Director to make publicly available all complaints received by the Office involving invention developers. Provides penalties for fraudulent representations by invention developers. Title V: Improved Reexamination Procedures - Improved Reexamination Procedures Act - Amends Federal patent law concerning patent reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements, except for the best mode requirements. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third- party (persons other than the patent owner) requests. Requires documents filed in such proceedings to be served upon all parties. Grants third-party requesters: (1) one opportunity to file written comments; and (2) the right to appeal final reexamination decisions. Requires all appealable claims to be brought up during an original reexamination procedure or be thereafter barred. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Improvements - Revises provisions regarding abandonment of original applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. Grants, under specified conditions, benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a World Trade Organization country. (Sec. 603) Allows a patent to be issued for a tuber propagated plant, with the same protections against reproduction, sale, or import into the United States. (Sec. 604) Allows the use of an electronic medium to file papers in the Office. (Sec. 605) Provides that, in the case in which patent issue restriction is required on the ground that two or more independent and distinct inventions are claimed in one application, the applicant shall be entitled to submit an examination fee and request examination for each independent and distinct invention. Allows an examination fee refund to an applicant who requests reconsideration of a restriction requirement when such requirement is determined to be improper.

To amend title 10, United States Code, to restore the provisions of chapter 76 of that title (relating to missing persons) as in effect before the amendments made by the National Defense Authorization Act for Fiscal Year 1997.

United States · United States Congress · 9 January 1997

Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.

To prohibit all United States military and economic assistance for Turkey until the Turkish Government takes certain actions to resolve the Cyprus problem and complies with its obligations under international law.

United States · United States Congress · 9 January 1997

Prohibits military and economic assistance to Turkey until the President certifies to the Congress that the Turkish Government has: (1) taken certain actions to resolve the Cyprus problem; and (2) complied with its obligations under international law.

To amend title 10, United States Code, to provide for the issuance of a nuclear radiation medal to persons who while members of the Armed Forces participated in an activity resulting in risk of exposure to nuclear radiation.

United States · United States Congress · 9 January 1997

Directs the Secretary of the military department concerned to issue a nuclear radiation medal to any person who, as a member of the armed forces, participated in a radiation-risk activity while serving on active duty or while performing active duty for training or inactive duty training. Includes as a radiation-risk activity: (1) the on-site participation in a test involving the atmospheric detonation of a nuclear device; (2) the occupation of Hiroshima and Nagasaki, Japan, during a specified period during World War II; (3) internment as a prisoner of war in Japan during World War II that resulted in an opportunity for exposure to ionizing radiation; and (4) any other activity that resulted in such exposure, as determined by such Secretary.

Citizen Congress Act

United States · United States Congress · 9 January 1997

Citizen Congress Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Permits any travel award that accrues by reason of official travel of a House Member, officer, or employee to be used only for official travel. (Sec. 8) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 9) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 10) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 11) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals.

Uniformed Services Medicare Subvention Program Act

United States · United States Congress · 9 January 1997

Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.

Freedom of Choice for Women in the Uniformed Services Act

United States · United States Congress · 9 January 1997

Freedom of Choice for Women in the Uniformed Services Act - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1996 which prohibits any medical treatment facility of the Department of Defense from being used to perform an abortion except where the life of the mother would be endangered if the fetus were carried to full term or in the case of rape or incest.

Proposing an amendment to the Constitution of the United States to restrict annual deficits by limiting the public debt of the United States and requiring a favorable vote of the people on any law to exceed such limits.

United States · United States Congress · 9 January 1997

Constitutional Amendment - Prohibits the public debt from increasing by more than one percent each year unless authorized by a law approved by a majority of the Members of the Senate and the House of Representatives. Requires such law to be approved by a majority vote of the electorate before it takes effect. Declares that such prohibition does not apply to public debt contracted to: (1) repel invasion of the United States; (2) defend the United States in time of war; (3) support the U.S. armed forces in time of war; or (4) redeem a previous debt obligation of the United States.

Expressing the sense of the Congress that the President should seek to negotiate a new base rights agreement with the Government of Panama to permit the United States Armed Forces to remain in Panama beyond December 31, 1999, and to permit the United States to act independently to continue to protect the Panama Canal.

United States · United States Congress · 9 January 1997

Expresses the sense of the Congress that the President should: (1) negotiate a new base rights agreement with the Government of Panama to allow the permanent stationing of U.S. military forces in Panama beyond 1999 and to ensure that the United States will be able to act independently to maintain the security and operation of the Panama Canal; and (2) consult with the Congress throughout such negotiations.

William S. Cohen, of Maine, to be Secretary of Defense, vice William J. Perry.

United States · United States Senate · 7 January 1997

Sikes Act Improvement Amendments of 1997

United States · United States Congress · 7 January 1997

Sikes Act Improvement Amendments of 1997 - Amends the Act of September 15, 1960, commonly referred to as the Sikes Act, to direct (current law authorizes) the Secretary of Defense to carry out a program of wildlife, fish, and game conservation on each U.S. military installation. Requires an integrated natural resource management plan (plan) to be included in each program. Authorizes the Secretary to manage each military installation to provide: (1) for the conservation of fish and wildlife on such installation and sustained multipurpose uses of those resources; and (2) necessary or appropriate public access for those uses. Requires the plan to address the needs for fish and wildlife management, land management, forest management, and wildlife-oriented recreation. Requires an opportunity for public comment on each plan prepared. Requires the: (1) Secretaries of each military department to review and report to the Secretary on military installations under their jurisdiction for which a plan would be appropriate; and (2) Secretary to report to the Congress on such reviews. Sets a deadline for the establishment of such plans. Directs the Secretary to annually review the extent to which plans were prepared or in effect and implemented during the preceding year. Requires the Secretary of the Interior to report to specified congressional committees on funds expended on conservation activities conducted pursuant to such plans. Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform tasks necessary to ensure plan compliance. Entitles the Act of September 15, 1960, as the Sikes Act. Extends through FY 2000 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.

Veterans' Job Protection Act

United States · United States Congress · 7 January 1997

Veterans' Job Protection Act - Revises provisions relating to authorized employee actions against a State or private employer for the enforcement of certain veterans' reemployment rights. Authorizes a person who receives from the Secretary of Veterans Affairs a notification that efforts to resolve a complaint were unsuccessful to request that the Secretary refer such complaint to the Attorney General (AG) for commencement of an action for relief in the appropriate U.S. district court. Allows a person, in lieu of proceedings through the AG or after being refused representation by the AG, to commence his or her own action against a State employer, requiring such action to be brought in the name of the United States. Outlines procedures with respect to such an action, allowing the United States to intervene and proceed with the action. Provides that the United States shall not be liable for expenses incurred by an individual in bringing such an action.

Veterans' Training and Employment Bill of Rights Act of 1997

United States · United States Congress · 7 January 1997

Veterans' Training and Employment Bill of Rights Act of 1997 - Entitles the following covered persons to priority of services under any federally-funded workforce preparation, development, or delivery program or service, as long as such person otherwise meets participation eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a total permanent disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities performing such programs or services to inform covered individuals of the availability of such services. Directs the Secretary of Labor to report annually to the congressional veterans' committees concerning an evaluation of such priority program and its level of services. (Sec. 3) Requires Federal contracts or grants of $100,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract or grant agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded. Directs the President to implement promulgating regulations which require the contractee or grantee to list employment openings with local employment agencies and to give priority to qualifying veterans. (Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government. (Sec. 5) Directs the Secretary to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims by qualifying individuals that an entity has failed to comply with the hiring requirements provided under this Act. (Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals.

Military Survivors Equity Act of 1997

United States · United States Congress · 7 January 1997

Military Survivors Equity Act of 1997 - Repeals the social security offset applicable to certain annuities paid to surviving spouses under the Survivor Benefit Plan (SBP) for retired members of the armed forces, to the extent that such offset is due to integration with social security benefits when the surviving spouse reaches 62 years of age. Repeals the required reduction in such annuity when such person reaches age 62. Directs the Secretary of Defense to recompute the existing annuities of certain individuals under the SBP to reflect the changes made by this Act.

To authorize and request the President to award the Congressional Medal of Honor posthumously to Brevet Brigadier General Strong Vincent for his actions in the defense of Little Round Top at the Battle of Gettysburg, July 2, 1863.

United States · United States Congress · 7 January 1997

Requests the President to award posthumously the Congressional Medal of Honor to Brevet Brigadier General Strong Vincent for his actions in the defense of Little Round Top at the Battle of Gettysburg on July 2, 1863.

Commission on Chemical and Biological Warfare Agent Exposure Act

United States · United States Congress · 7 January 1997

Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and U.S. military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of U.S. military personnel. Terminates the Commission 60 days after such report.

Veterans Entrepreneurship Promotion Act of 1997

United States · United States Congress · 7 January 1997

Veterans Entrepreneurship Promotion Act of 1997 - Amends the Small Business Act (the Act) to define as eligible veterans for programs under this Act: (1) disabled veterans; or (2) veterans who served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and who were discharged or released under conditions other than dishonorable. Makes small businesses owned and controlled by such veterans (veteran-owned small businesses) eligible for participation in the annual Government-wide goal of awarding to small businesses no less than 20 percent of all prime contracts awarded in a fiscal year. Subjects veteran-owned small businesses to provisions requiring a report from the head of each Federal agency to the Small Business Administration (SBA) concerning the extent of small business participation in that agency's procurement contracts. Requires the SBA to submit an analysis of such reports to the Congress (currently, only to the President) and to include information concerning the veteran-owned small businesses. (Sec. 6) Includes veteran-owned small businesses as small businesses for purposes of subcontracting policy and goals with respect to the performance of contracts awarded by any Federal agency. (Sec. 7) Directs the SBA Administrator, for each fiscal year, to: (1) obtain information concerning the procurement practices and procedures of each Federal agency having procurement authority; and (2) make such information available to any requesting small business. Directs the Secretary of Veterans Affairs to annually engage in affirmative efforts to identify veteran-owned small businesses. (Sec. 8) Amends the Small Business and Economic Policy Act of 1980 to include information concerning veteran-owned small businesses within a required annual report on the state of small business. (Sec. 9) Authorizes the SBA to make loans to small business concerns eligible for assistance under the Act, as long as it determines that: (1) the type and amount of such assistance is otherwise unavailable from other sources on reasonable terms; (2) with such assistance, the small business has a reasonable chance to operate soundly and profitably within a reasonable time; (3) such assistance will be used within a reasonable time for plant construction, conversion, or expansion or to supply such business with working capital for appropriate purposes; and (4) such assistance is sound enough to reasonably assure that its terms and conditions will not be breached by the small business. Limits to $750,000 the outstanding balance on any individual small business loan. Provides loan financing terms and conditions. (Sec. 10) Directs the Administrator to ensure that veteran-owned small businesses have access to programs under the Act which provide entrepreneurial training, business development assistance, counseling, and management to small business concerns. (Sec. 11) Directs the SBA to make grants to, and enter into contracts and cooperative agreements with, various entities for the establishment and implementation of outreach programs for eligible veterans. (Sec. 12) Directs the Administrator, the Secretary of Veterans Affairs, and the Assistant Secretary of Labor for Veterans' Employment and Training to establish an interagency working group to develop a comprehensive outreach program to assist eligible veterans. (Sec. 13) Authorizes the Administrator to appoint an Associate Administrator for Veterans Programs (AAVP) to formulate and execute policies and programs providing assistance to veteran-owned small businesses. (Sec. 14) Makes it a duty of the SBA to enter into contracts to provide to the Government articles, equipment, supplies, services, or materials or construction work. Outlines administrative procedures for: (1) the awarding of a procurement contract to the SBA after certification of capability; and (2) a review and determination by a department or agency Secretary of a decision not to award a procurement contract to the SBA. Authorizes the SBA to arrange for the performance of procurement contracts by negotiating or otherwise letting subcontracts to veteran-owned small businesses. Authorizes the award of procurement contracts and subcontracts to veteran-owned small businesses which successfully complete an SBA business opportunity and development assistance program (program) (established later under this Act), under specified terms and conditions. Requires veteran-owned small businesses to meet specified certification requirements issued by the Administrator. Directs the Administrator to issue regulations limiting the personal net worth of a program participant and requiring participants to annually submit certain financial information to the SBA. Directs the SBA to: (1) conduct a review to determine whether a withdrawal of funds or other assets by a program participant for the personal use of its owners was detrimental to the achievement of the targets, objectives, and goals contained in the program participant's business plan; and (2) take specified action upon a positive determination. Authorizes a hearing before an adjudicator for small businesses receiving an adverse determination or review under this section. Directs the SBA to develop and implement an outreach program to inform and recruit small businesses to apply for assistance under this section. Requires subcontracts to be awarded within the county or State where the work is to be performed. Directs the SBA to require each eligible small business to annually prepare and submit to the SBA a capability statement. Specifies requirements to be met by a small business prior to being awarded a services or supplies procurement contract. Directs the SBA to establish requirements applicable to contracts for general and specialty construction and contracts for any other industry not otherwise subject to such requirements. Prohibits an otherwise responsible small business from being denied the opportunity to compete for the award of any supply procurement contract under this section solely because such business is not the actual manufacturer of the process or product to be supplied, as long as such business meets certain business size and certification requirements. Provides conflict-of-interest employment prohibitions and penalties applicable to certain former SBA employees. Prohibits SBA employees empowered to take action with respect to any program or activity conducted under this section from exercising such authority on the basis of the political activity or affiliation of any entity or owner. Requires small businesses participating in the program to report semiannually to their assigned veterans business counselors concerning any compensation paid to individuals for assistance in obtaining a Federal contract for such participant. Requires such report to be reviewed and forwarded to the AAVP. Considers the failure to submit a report as good cause for the initiation of a program participation termination proceeding against such business. Requires awarded contracts to be performed by the business that initially received such contract. Terminates such a contract if the owners relinquish ownership of the business during such contract, with a waiver under specified circumstances. Requires a business to notify the SBA immediately upon entering into an agreement to change ownership. Establishes within the SBA an eligible veterans business opportunity and development assistance program to provide assistance exclusively for veteran-owned small businesses. Outlines various types of assistance and services to be provided under the program, allowing each business to participate for five years from the date of certification. Requires each participant, promptly after program certification, to submit a business plan for review by the veterans business counselor assigned to assist such participant. Requires plan approval and outlines required plan contents. Requires each participant to annually: (1) review and modify its plan; and (2) forecast its needs for contract awards for the remaining years of program participation. Outlines conditions under which a participant shall be denied assistance and services under the program. Provides for program participation termination proceedings in appropriate circumstances. Requires a program participant, during the developmental stage of participation, to take steps to attain the goals and targets contained in its plan for the awarding of contracts to such business. Makes a participant in the transitional stage subject to regulations regarding business activity targets. Establishes a Division of Program Certification and Eligibility within the SBA's Office of Veterans Programs. Requires an annual review of program participants by the Division Director. Requires: (1) review findings and conclusions to be reported to the AAVP; and (2) the AAVP to issue appropriate policy and program directives. Requires the SBA to conduct an evaluation of a participant's eligibility for continued participation in the program whenever it receives information alleging that a participant no longer meets program requirements. Divides a program into a developmental stage designed to assist participants to access their markets and strengthen their financial and managerial skills and a transitional stage designed to prepare a participant for program graduation. Outlines appropriate assistance and services to be provided during each stage. Directs the Administrator to report annually to the Congress with respect to individual and business participants in the program. (Sec. 15) Authorizes appropriations for FY 1998 through 2000.

To prohibit Government contractors from being reimbursed by the Federal Government for certain environmental response costs.

United States · United States Congress · 7 January 1997

Amends Federal law relating to the armed forces to disallow environmental response costs under certain defense contracts. Amends provisions of the Federal Property and Administrative Services Act of 1949 relating to procurement procedures to disallow environmental response costs under certain contracts.

Veterans Employment Opportunities Act of 1997

United States · United States Congress · 7 January 1997

Veterans Employment Opportunities Act of 1997 - Provides that a veterans' preference eligible (PE) or an individual who has been separated from military service under honorable conditions after three or more years of active duty shall not be denied the opportunity to compete for a vacant position within a Federal agency, either in the competitive or excepted service, by reason of: (1) not having acquired competitive status; or (2) not being an employee of such agency. Requires each agency to notify the Office of Personnel Management (OPM) and U.S. employment offices of each vacant position for which competition is restricted to employees or individuals having competitive service. Requires OPM, at least every two years, to submit to the Congress and the President a report detailing for the prior period the number of such vacant positions in the Federal Government and the number of PE or separated individuals hired for such positions. Directs OPM to establish and keep current a comprehensive list of all announcements of vacant positions within each agency for which competition is so restricted. Applies such PE requirements to the Postal Service, with exceptions for certain collective bargaining positions. Prohibits, during a Federal reduction in force (RIF), a position occupied by a PE from being placed in a single-position competitive level if the PE is qualified to perform the essential functions of any other position at the same grade in the competitive area (defined as being able to perform such functions within 150 days). Entitles a PE whose current or latest performance rating is at least fully successful to be assigned during a RIF to any position for which he or she is qualified that is within: (1) the PE's commuting area and is currently occupied by an individual placed in such position within six months before the RIF; or (2) the PE's competitive area that is not more than three grades below the position from which the PE was released (with an exception). Authorizes a PE to challenge the classification of any position to which the PE asserts assignment rights in an action before the Merit Systems Protection Board. Requires each agency to establish an agency-wide priority placement program to facilitate employment placement for PEs who are scheduled to be or who are separated from service due to a RIF and who have received a rating of at least fully successful at their last performance evaluation or who occupy positions excluded from a performance appraisal system. Authorizes the use of nearby commuting areas in order to provide reemployment to such individuals when there are no alternative positions within his or her most local commuting area. Allows an individual to designate a different local commuting area if there are no alternative positions within the most local area. Requires an agency to place qualified present and former employees in retention order by PE subgroup and tenure group. Makes an individual eligible for reemployment for two years after a RIF. Provides conditions under which an individual loses eligibility for such reemployment. Provides administrative and judicial redress and remedies for any PE or other individual who alleges that an agency has violated such individual's veterans' preference or related rights. Extends the veterans' preference to: (1) employment within the General Accounting Office; (2) appointments made to the Office of the President (with an exception when the President certifies that the position is a confidential, policy-making, or political position); and (3) appointments to the legislative branch (with specified exclusions). Establishes administrative remedies and procedures for PE and separated individuals with respect to appointments within the legislative or judicial branches of the Federal Government. Extends the veterans' preference to RIFs in the Federal Aviation Administration. Includes among PE veterans those who served during a military operation in a qualified hazardous duty area under requirements prescribed by the Secretary of Defense. Prohibits any employee authorized to take personnel actions from knowingly taking, or failing to take, any personnel action if taking or failing to take such action would violate a PE requirement. Repeals inconsistent prior Federal law.

Commission on the Future for America's Veterans Act

United States · United States Congress · 7 January 1997

Commission on the Future for America's Veterans Act - Establishes the Commission on the Future for America's Veterans to: (1) conduct a comprehensive study of health care services provided by the Secretary of Veterans Affairs; (2) submit to the Congress a demonstration project bill; and (3) report to the Congress on the projects. Requires the bill to authorize the Secretary to implement temporary demonstration projects for the improvement of veterans' health care services at 20 to 40 specified Department of Veterans Affairs medical centers. Provides for expedited congressional consideration of the bill.

Persian Gulf Syndrome Health Benefits Extension Act of 1997

United States · United States Congress · 7 January 1997

Persian Gulf Syndrome Health Benefits Extension Act of 1997 - Authorizes the Secretary of Veterans Affairs to extend priority health care to veterans exposed to a toxic substance or environmental hazard while serving in Israel or Turkey during the Persian Gulf War.

Freedom and Self-Determination for the Former Soviet Union Act

United States · United States Congress · 7 January 1997

Freedom and Self-Determination for the Former Soviet Union Act - Prohibits the obligation or expenditure of foreign assistance for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian forces in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or combatants or to the Government of the Federal Republic of Yugoslavia; (6) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes or the nuclear facility at Cienfuegos; (7) Russia is not providing to Iran, Iraq, Syria, China, or other countries whose governments have provided support for international terrorism, any goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons; (8) Russia is in strict compliance with all arms control agreements, as well as with all trade and financial agreements, with the United States; and (9) Russia has ceased all strategic nuclear weapons modernization. Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year, along with an analysis of reasons for such export. Urges the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements.

Taiwan Self-Defense Act of 1997

United States · United States Congress · 7 January 1997

Taiwan Self-Defense Act of 1997 - Amends the Taiwan Relations Act to declare that the Joint Communique of the United States and China of August 17, 1982, is superseded by the U.S. policy of making defense articles and defense services available to Taiwan in quantities necessary to enable Taiwan to maintain a sufficient self-defense capability.

Guam Land Return Act

United States · United States Congress · 7 January 1997

Guam Land Return Act - Amends the Organic Act of Guam to direct the Administrator of General Services to notify the Government of Guam of any excess U.S. real property there and to convey to Guam all right, title, and interest of the United States in such property, if Guam notifies the Administrator of its intention to acquire it (thus granting the Government of Guam the right-of-first refusal to such property). Amends other Federal law to repeal a specified condition on disposal by Guam of lands conveyed to it by the United States. Exempts Federal lands within the Guam National Wildlife Refuge, including those within the refuge overlay under the jurisdiction of the Department of Defense, from the provisions of this Act.

Uniformed Services Medicare Subvention Demonstration Project Act

United States · United States Congress · 7 January 1997

Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.

Role Models Academy Demonstration Act

United States · United States Congress · 7 January 1997

Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy (the Role Models Academy) is established which: (1) offers at-risk youth secondary school coursework and vocational training (and may offer precollegiate coursework); (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school; (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy; (4) operates a mentoring program involving role models from all sectors of society; (5) may contain a Junior Reserve Officers' Training Corps unit; (6) is housed on the site of any military installation closed pursuant to a base closure law; and (7) if effective, serves as a model for similar military-style academies throughout the United States. Authorizes appropriations.

Effective Antiterrorism Tools for Law Enforcement Act of 1997

United States · United States Congress · 7 January 1997

Effective Antiterrorism Tools for Law Enforcement Act of 1997 - Amends the Federal criminal code to apply provisions regarding pen registers and trap and trace devices to foreign counterintelligence and international terrorism investigations conducted by the Federal Bureau of Investigation (FBI). Requires any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to comply with a request for records in its possession by the FBI under specified circumstances. Provides that provisions prohibiting the use as evidence of intercepted wire or oral communications in violation of the Federal criminal code shall not apply to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, unless the violation involved an interception under provisions covering specified emergency situations or bad faith by law enforcement. Grants: (1) wiretap authority in cases of terrorism-related or explosives felonies; and (2) temporary emergency wiretap authority involving terrorism crimes. Expands authority for multi-point wiretaps. Authorizes the Attorney General to request, and the Secretary of Defense to provide (if specified conditions are met), technical assistance in support of Department of Justice activities in situations involving biological or chemical weapon emergencies. Sets penalties for the use without lawful authority of, or attempts or conspiracy to use, chemical weapons. Modifies Federal prohibitions against the use of weapons of mass destruction to prohibit and penalize only such use without lawful authority.

No Frills Prison Act

United States · United States Congress · 7 January 1997

No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag. Directs the Attorney General to establish similar conditions in the Federal prison system.

Health Fraud and Abuse Act of 1997

United States · United States Congress · 7 January 1997

Health Fraud and Abuse Act of 1997 - Directs the Inspector General (IG) of each of the Departments of Health and Human Services, Defense, Labor, and Veterans Affairs and the Office of Personnel Management to conduct audits, civil and criminal investigations, inspections, and evaluations relating to the prevention, detection, and control of health care fraud and abuse in violation of any Federal law, with exceptions. Provides for the powers of IGs. Directs the IGs to: (1) jointly establish a program to prevent, detect, and control health care fraud and abuse that considers the activities of Federal, State, and local law enforcement agencies, Federal and State agencies responsible for the licensing and certification of health care providers, and State agencies designated under this Act; and (2) develop an annual investigative plan. Requires the Governor of each State to designate State agencies that conduct, supervise, and coordinate audits, civil and criminal investigations, inspections, and evaluations. Authorizes each Governor to establish and maintain a State agency to act as a Health Care Fraud and Abuse Control Unit. Establishes: (1) the Health Care Fraud and Abuse Control Account in the Treasury; and (2) the Account Payments Advisory Board to make recommendations to the IGs regarding the equitable allocation of payments from the Account.

To amend title 38, United States Code, to permit retired members of the Armed Forces who have service-connected disabilities to receive compensation from the Department of Veterans Affairs concurrently with retired pay, without deduction from either.

United States · United States Congress · 7 January 1997

Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.

To provide a minimum survivor annuity for the unremarried surviving spouses of retired members of the Armed Forces who died before having an opportunity to participate in the Survivor Benefit Plan.

United States · United States Congress · 7 January 1997

Directs the Secretary of the military department concerned to pay an annuity to the qualified surviving spouse of any member of the armed forces who: (1) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; or (2) was a member of the reserves, died during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been entitled to retired or retainer pay but for the fact that the member was under 60 years of age. Defines a qualified surviving spouse as one who has not remarried and who is not eligible for an annuity under the Survivor Benefit Plan. Provides the annuity amount and reduces such amount by the amount of any dependency and indemnity compensation to which the survivor is entitled.

Guam Commonwealth Act

United States · United States Congress · 7 January 1997

TABLE OF CONTENTS: Title I: Political Relationship Title II: Applicability of Federal Law Title III: Foreign Affairs and Defense Title IV: Courts Title V: Trade Title VI: Taxation Title VII: Immigration Title VIII: Labor Title IX: Transportation and Telecommunications Title X: Land, Natural Resources and Utilities Title XI: United States Financial Assistance Title XII: Technical Amendments and Interpretation Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution and within specified guidelines. (Sec. 102) Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. (Sec. 103) Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam. (Sec. 202) Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. (Sec. 203) Creates the Joint Commission on the Applicability of Federal Law. (Sec. 204) Authorizes the President to delegate to the Governor of Guam performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. (Sec. 302) Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. (Sec. 304) Prohibits the United States from using Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the cleanup by the United States of chemical dump sites used by the military. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. (Sec. 404) Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area. (Sec. 501) Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on certain imports and exports. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax to be known as the Guam Commonwealth income tax. (Sec. 603) Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. (Sec. 604) Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. (Sec. 605) Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. (Sec. 702) Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. (Sec. 802) Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. (Sec. 901) Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission to examine the applicability of such laws and to recommend their termination upon determining that such laws constrain Guam's economic development. (Sec. 902) Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. (Sec. 903) Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. (Sec. 1001) Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. (Sec. 1003) Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. (Sec. 1004) Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States equally applicable to Guam. (Sec. 1104) Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bastions in the Far East. (Sec. 1105) Provides for assistance to aid Guam's transition to a Commonwealth. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. (Sec. 1204) Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam in specified phases.

To provide for the operation of a combined post exchange and commissary store at Castle Air Force Base, California, a military installation selected for closure under the base closure laws, in order to ensure that adequate services remain available to the numerous members of the Armed Forces, retired members, and their dependents who reside in the vicinity of the installation.

United States · United States Congress · 7 January 1997

Includes Castle Air Force Base among the military installations designated for closure under the base closure laws at which a combined exchange and commissary store is authorized to be operated. Requires the Secretary of Defense to ensure that such store is fully operational within one year after the enactment of this Act.

To amend title 10, United States Code, to provide limited authority for concurrent payment of retired pay and veterans' disability compensation for certain disabled veterans.

United States · United States Congress · 7 January 1997

States that a prohibition on the concurrent award of veterans' disability compensation and military retired pay shall not apply to a person who has a service-connected disability if: (1) the person completed at least 20 years of retirement-creditable military service; and (2) the disability was incurred or aggravated in the line of duty and is rated at not less than 70 percent.

Proposing a balanced budget amendment to the Constitution of the United States.

United States · United States Congress · 7 January 1997

Constitutional Amendment - Requires the Congress, before each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing) , unless a three-fifths vote of both Houses authorizes a specific excess. Prohibits a bill to increase receipts from becoming law unless approved by a three-fifths majority in each House. Directs the President to submit a balanced budget. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States faces an imminent and serious military threat to national security, as declared by a joint resolution adopted by a majority of each House. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses become law. Requires roll call votes in the House and Senate under this amendment.

To authorize establishment of a Department of Veterans Affairs ambulatory care facility in Brookhaven, New York.

United States · United States Congress · 7 January 1997

Authorizes the Secretary of Veterans Affairs to establish an ambulatory care facility for the Department of Veterans Affairs in Brookhaven, New York, by leasing an existing facility or constructing a new facility, whichever is more cost effective.

Health Care Commitment Act

United States · United States Congress · 7 January 1997

Health Care Commitment Act - Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which a covered CHAMPUS beneficiary who is also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in addition to receiving care through a military treatment facility, CHAMPUS, or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the administering Secretaries and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year. Requires the Secretary of Defense to begin to offer the health benefits option described under this Act no later than January 1, 1998.

Military Retirement Equity Act of 1997

United States · United States Congress · 7 January 1997

Military Retirement Equity Act of 1997 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.

To amend title 10, United States Code, to provide that persons retiring from the Armed Forces shall be entitled to all benefits which were promised them when they entered the Armed Forces.

United States · United States Congress · 7 January 1997

Directs the Secretary of the military department concerned to ensure that any person who first becomes a member of the armed forces on or after the date of enactment of this Act is provided a written statement of all the benefits that will be provided to such person upon retirement from the armed forces. Prohibits any such statement from including a reservation of the right to change any such benefit. Requires any such person who subsequently retires from the armed forces to receive the benefits as described in the original statement.

Comprehensive Pension and Retirement Security Act of 1997

United States · United States Congress · 7 January 1997

TABLE OF CONTENTS: Title I: Restrictions on Loans From Qualified Retirement Plans Title II: Promotion of Availability of Private Pensions Upon Retirement Title III: Health Coverage for Retired Workers Title IV: Application of Certain Prohibited Transactions Rules for 401(K) Plans Title V: Retirement Savings and Security Subtitle A: Expanded Pension Coverage and Simplification Subtitle B: Portability Subtitle C: Enhanced Security Title VI: Expanded Individual Retirement Accounts to Increase Coverage and Portability Subtitle A: Retirement Savings Incentives Subtitle B: Distributions and Investments Comprehensive Pension and Retirement Security Act of 1997 - Title I: Restrictions on Loans From Qualified Retirement Plans - Amends the Internal Revenue Code (IRC) to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 102) Treats loans from qualified employer plans as distributions unless they are used to purchase a first home, to pay higher education or financially devastating medical expenses, or during periods of unemployment. Title II: Promotion of Availability of Private Pensions Upon Retirement - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the IRC to require the availability of a defined contribution plan option (in lieu of the defined benefit plan) for participants in defined benefit plans to which an employer makes contributions. (Sec. 202) Amends ERISA to require fiduciaries to make timely investments of plan contributions. (Sec. 203) Amends the IRC to increase the penalty for early distributions from pension plans. Title III: Health Coverage for Retired Workers - Amends ERISA and the IRC to require advance notice of material reductions in covered services under group health plans. (Sec. 302) Amends the IRC to set forth requirements relating to the duration of, and determination of premiums for, continuation of coverage for persons 55 and older until they are eligible for Medicare. (Sec. 303) Amends the Social Security Act to set forth protections under the Medicare program for retired workers who lose retiree health benefits. Provides, in such cases, for: (1) no premium penalty for late enrollment; (2) a special Medicare enrollment period; and (3) a special rule with respect to the Medigap (Medicare supplemental policy) open enrollment period. Title IV: Application of Certain Prohibited Transactions Rules for 401(K) Plans - Amends ERISA to provide for the application of certain prohibited transactions rules to IRC section 401(k) plans. Title V: Retirement Savings and Security - Subtitle A: Expanded Pension Coverage and Simplification - Amends ERISA to repeal the requirement that a plan administrator file with the Secretary of Labor a plan description, a summary plan description, and descriptions of material modifications to a plan. (Sec. 502) Revises ERISA to exempt from the prohibition against certain transactions any purchase of qualified State prepaid tuition program instruments. Subtitle B: Portability - Directs the Pension Benefit Guaranty Corporation (PBGC) to prescribe specified rules relating to missing participants for multiemployer plans that terminate under certain ERISA provisions. (Sec. 512) Eliminates a special vesting rule for multiemployer plans under ERISA. (Sec. 513) Provides, with respect to treatment of loans during military service, that a loan made by a plan shall not fail to meet specified ERISA requirements by reason of a loan repayment suspension under the IRC. Subtitle C: Enhanced Security - Revises certain formulas for determining payments with respect to benefits guarantees (increasing the guaranteed amounts) under certain insolvent multiemployer plans. (Sec. 522) Directs the Secretary of Labor, as chairman of the PBGC board, to send a reversion report to the President and the Congress on plans from which residual assets were distributed to employers. (Sec. 523) Sets forth a full funding limitation for multiemployer plans under ERISA. (Sec. 524) Increases maximum civil penalties for certain prohibited transactions under ERISA. (Sec. 525) Modifies the phase-in of guarantee and the allocation of assets under ERISA provisions relating to substantial owner benefits. Pension Audit Improvement Act of 1997 - Repeals the mandate for limited scope audits. (Sec. 533) Establishes certain reporting and enforcement requirements for employee benefit plans. Requires a plan administrator to notify the Secretary of Labor, within five business days, of: (1) irregularities that may have occurred with respect to the plan; and (2) the termination of the plan's accountant. Requires plan accountants to notify the Secretary of: (1) such irregularities, if the administrator does not do so; and (2) any disagreements they may have with the reasons given by the administrator for their termination. Sets forth civil penalties for violations of such requirements. (Sec. 534) Sets forth additional requirements for qualified public accountants for plans under ERISA. (Sec. 535) Revises ERISA provisions for fiduciary penalties to: (1) modify a prohibition of assignment or alienation; (2) make discretionary the imposition and amount of civil penalties for breach of fiduciary responsibility; and (3) provide for the applicable recovery amount and other rules. Title VI: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subtitle A: Retirement Savings Incentives - Amends the IRC with respect to deductions from gross income for contributions to individual retirement accounts (IRAs) and retirement savings to: (1) increase the applicable dollar amount component in the formulas for certain income limitations; (2) require inflation adjustments to the deductible amount and income limitations; (3) require coordination of the IRA deduction limit with the elective deferral limit; and (4) provide for establishment of special nondeductible tax-free IRAs. Subtitle B: Distributions and Investments - Allows the use of distributions from IRAs without additional tax for the purchase of first homes, for higher education or financially devastating medical expenses, or by the unemployed. (Sec. 612) Requires IRA contributions to be held at least five years in certain cases. (Sec. 613) Sets forth special rules for the use of IRA distributions to purchase qualified State prepaid tuition program instruments.

Citizens' Self-Defense Act of 1997

United States · United States Congress · 7 January 1997

Citizens' Self-Defense Act of 1997 - Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.

Concerning paramilitary groups and British security forces in Northern Ireland.

United States · United States Congress · 7 January 1997

Prohibits: (1) the sale of defense articles under the Arms Export Control Act to or for the Royal Ulster Constabulary, the Ulster Defense Regiment, the Royal Irish Regiment, and any other organization in which anyone who previously was a member of a paramilitary association is a member; and (2) the issuance of licenses for exporting such articles, and the export of crime control and detection equipment for use by such entities. Directs the Secretary of State to report to specified congressional committees on cooperation between United Kingdom security forces and militias and paramilitary groups in Northern Ireland.

Proposing a balanced budget amendment to the Constitution of the United States.

United States · United States Congress · 7 January 1997

Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays do not exceed total receipts, unless a two-thirds vote of both Houses authorizes a specific excess. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a two-thirds majority of both Houses becomes law. Waives these provisions when a declaration of war is in effect or when 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.