Housing

Regional Cooperation Act

United States · United States Congress · 27 February 1997

Regional Cooperation Act - Amends the Housing and Community Development Act of 1974 to include regional cooperation in economic development grant proposals.

Housing Counseling Enhancement Act

United States · United States Congress · 27 February 1997

Housing Counseling Enhancement Act - Amends the Housing and Urban Development Act of 1968 to: (1) extend the emergency home ownership counseling program; (2) extend the authorization of appropriations for the prepurchase and foreclosure prevention counseling demonstration; and (3) require notification of delinquency on veterans' home loans.

Domestic Violence Victims Housing Act

United States · United States Congress · 27 February 1997

Domestic Violence Victims Housing Act - Increases specified authorizations of appropriations under the United States Housing Act of 1937 to provide rental relocation assistance to victims of domestic violence.

Balanced Budget Enforcement Act of 1997

United States · United States Congress · 27 February 1997

TABLE OF CONTENTS: Title I: Balancing the Budget Title II: Technical and Conforming Amendments Balanced Budget Enforcement Act of 1997 - Title I: Balancing the Budget - Part A: Purpose - Repeals parts C (Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount), D (Budgetary Treatment of Social Security Trust Funds), and E (Miscellaneous and Related Provisions) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Part B: The Deficit Elimination Act of 1997 - Deficit Elimination Act of 1997 - Sets for FY 1998 through 2002: (1) deficit reduction targets for direct spending and receipts legislation; and (2) discretionary funding limits, measured in terms of new budget authority. Permits adjustments, whenever appropriate, to discretionary funding limits to reflect: (1) changes in concepts; (2) changes in inflation; (3) expiring housing contracts; (4) emergencies; (5) new limits for FY 2002 and thereafter; and (6) transportation trust funds. (Sec. 103) Provides for: (1) balancing the budget in FY 2002; (2) preventing deficits after FY 2002; (3) enactment of a spin-off law, if required, to achieve such goals; and (4) targeted sequestration if a spin-off law is in effect for a fiscal year on the date of the final sequestration report for that fiscal year. (Sec. 106) Establishes a scorecard upon which shall be entered: (1) for FY 1998 through 2002 the estimated increase or decrease in the deficit; (2) for FY 2003 and thereafter the estimated increase or decrease in the deficit or surplus; and (3) for fiscal years after FY 1998 the amount of discretionary appropriations. (Sec. 109) Declares that, for a budget year in which a spin-off law is not in effect, the amount to be sequestered: (1) shall be the amount (if any) by which the sum of all budget-year entries on the direct spending and receipts scorecard is greater than zero; and (2) shall be increased whenever the average out-year change in direct spending and receipts, combined, achieved during that budget-year session would result in higher deficits than if that average change had equaled the amount targeted for the budget year, with that budget-year target being the amount that the sequestration preview report for the budget year shows was needed to bring the budget-year entries on the direct spending and receipts scorecard to zero. Provides that, within 15 days after the Congress adjourns to end a session, and on the same day as an across-the-board reduction of discretionary programs, such a sequestration shall take place to reduce the amount of receipts in the current policy baseline, unless the sum computed for the sequestration is less than $500 million. Mandates that sequestration be achieved by reducing each non-exempt direct spending account by the uniform percentage necessary to achieve 80 percent of the sequestration sum, and increasing receipts to achieve the other 20 percent through surtaxes as enacted under this Act. (Sec. 110) Provides for an across-the-board reduction of discretionary programs, if there is a sequestration. (Sec. 111) Lists programs and activities which shall be exempt from sequestration, including optional exemptions of military personnel. (Sec. 112) Sets forth general sequestration rules, including permanent sequestration of direct spending and receipts, as well as special rules for: (1) block grants to States for temporary assistance for needy families (TANF) under the Social Security Act; (2) the Child Support Enforcement Program; (3) the Commodity Credit Corporation; (4) the Conservation Reserve Program; (5) extended unemployment compensation; (6) the Federal Employees Health Benefits Fund; (7) the Federal Housing Finance Board; (8) Federal pay; (9) guaranteed student loans; (10) Federal insurance programs; (11) Medicaid; (12) Medicare; (13) the Postal Service Fund; (14) power marketing administration funds and the Tennessee Valley Authority (TVA) fund; and (15) veterans' housing loans. (Sec. 113) Amends the Internal Revenue Code to provide for the imposition of tax sequestration surtaxes on individuals and corporations. (Sec. 114) Requires both the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to prepare both sequestration preview and final reports. Directs the Board of Estimates (established under this Act), at specified appropriate times, to choose one report from each pair as the official preview or final report. Directs the President, on the day that the Board chooses the final sequestration report, to issue an order fully implementing without change all required sequestrations and tax actions. (Sec. 115) Provides for determination of the current policy baseline and the baseline assuming deficit reduction. (Sec. 117) Establishes in the Treasury a Stabilization Reserve Fund in order to accumulate balances during years of comparative prosperity, which balances may later be used to cover the loss of receipts and the increase in outlays that occur during times of comparative economic distress. (Sec. 118) Provides for the suspension of sequestration procedures: (1) upon the declaration of war; and (2) during periods of low economic growth. Sets forth procedures for the consideration of a low growth joint resolution by the Congress. (Sec. 119) Establishes a Board of Estimates to report to the President and the Congress concerning the selection of the OMB and CBO sequestration preview and final reports. (Sec. 120) Provides for: (1) expedited judicial review of the constitutionality of provisions of this Act in the United States District Court for the District of Columbia in an action by any Member of Congress or other adversely affected individual seeking declaratory judgment and injunctive relief; and (2) direct appeal to the Supreme Court of any court order issued pursuant to such an action. Title II: Technical and Conforming Amendments - Sets forth technical and conforming amendments to: (1) the Congressional Budget and Impoundment Act of 1974; (2) the Federal Credit Reform Act of 1990; (3) the Rules of the House of Representatives and the Standing Rules of the Senate; and (4) other Federal law provisions concerning, among other things, the President's budget and the public debt limit.

To prohibit an alien who is not lawfully present in the United States from receiving assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

United States · United States Congress · 26 February 1997

Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to prohibit an alien who is not lawfully present in the United States from receiving assistance under such Act.

Jesse Gray Housing Act

United States · United States Congress · 26 February 1997

Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Authorizes appropriations. Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished. Prohibits the Secretary from approving a project demolition application. Requires public housing agencies to carry out job training and employment programs in connection with certain housing construction and revitalization projects. Reduces lower-income rent contribution and related amounts under: (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the Housing and Urban Development Act of 1965; (5) the National Housing Act; (6) the Housing and Community Development Amendments of 1978; (7) the Housing and Urban-Rural Recovery Act of 1983; (8) the Low-Income Housing Preservation and Resident Homeownership Act of 1990; (9) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, (10) the Native American Housing Assistance and Self-Determination Act of 1996; (11) the Housing and Community Development Act of 1992; (12) the Housing Act of 1949; (13) the Federal Home Loan Bank Act; (14) the Federal Deposit Insurance Act; (15) the Housing and Community Development Act of 1974; and (16) the Housing and Community Development Act of 1992. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations. Directs the Secretary to prepare a Federal housing assistance report.

Nuclear Disarmament and Economic Conversion Act

United States · United States Congress · 25 February 1997

Nuclear Disarmament and Economic Conversion Act - Requires the U.S. Government to: (1) disable and dismantle all its nuclear weapons and refrain from replacing them at any time with weapons of mass destruction; (2) undertake vigorous good faith efforts to eliminate war, armed conflict, and all military operations; (3) actively promote policies to induce all other countries to join in these commitments for peace on earth; and (4) redirect resources that are currently being used for nuclear weapons programs to constructive, ecologically beneficial peacetime activities and to address human needs such as housing, health care, education, agriculture, and environmental protection. Makes this Act effective when the President certifies to the Congress that all foreign countries possessing nuclear weapons have established legal requirements comparable to those set forth in this Act.

A bill to amend section 541 of the National Housing Act with respect to the partial payment of claims on health care facilities.

United States · United States Congress · 13 February 1997

Amends the National Housing Act to authorize the Department of Housing and Urban Development to make partial guaranteed mortgage loan payments for health care facilities.

Omnibus Committee Funding Resolution for 1997 and 1998

United States · United States Congress · 12 February 1997

Omnibus Committee Funding Resolution for 1997 and 1998 - Authorizes expenditures by the following Senate committees from March 1, 1997, through September 30, 1998, and for the period March 1, 1998, through February 28, 1999: (1) Agriculture, Nutrition, and Forestry; (2) Appropriations; (3) Armed Services; (4) Banking, Housing, and Urban Affairs; (5) Budget; (6) Commerce, Science, and Transportation; (7) Energy and Natural Resources; (8) Environment and Public Works; (9) Finance; (10) Foreign Relations; (11) Governmental Affairs; (12) Judiciary; (13) Labor and Human Resources; (14) Rules and Administration; (15) Small Business; (16) Veterans' Affairs; (17) Aging; (18) Intelligence; and (19) Indian Affairs. Authorizes the transfer of any unexpended balance of any committee for the period ending February 28, 1997, to a special reserve to be available to any committee to meet specified unpaid obligations or expenses. Requires space assigned to committees covered by this resolution to be reduced commensurate with the reductions in authorized staff funded herein and under S.Res. 73, 104th Congress. States that the Committee on Rules and Administration is expected to recover such space for purposes of equalizing Senators' offices and to consolidate the space for committees to reduce the cost of support equipment and office furniture and accessories.

Revitalizing Cities Through Parks Enhancement Act

United States · United States Congress · 12 February 1997

Revitalizing Cities Through Parks Enhancement Act - Directs the Secretary of Housing and Urban Development to make grants to qualified community organizations to develop open space on municipally owned vacant lots in urban areas. Authorizes appropriations.

A bill to prohibit the use of certain assistance provided under the Housing and Community Development Act of 1974 to encourage plant closings and the resultant relocation of employment, and for other purposes.

United States · United States Congress · 11 February 1997

Amends the Housing and Community Development Act of 1974 to prohibit community development block grants and related special purpose grants and property acquisition loan guarantees from being used to facilitate plant closings and employment relocation.

Prohibition of Incentives for Relocation Act of 1997

United States · United States Congress · 11 February 1997

Prohibition of Incentives for Relocation Act of 1997 - Amends the Housing and Community Development Act of 1974 and the Housing and Community Development Act of 1992 to prohibit the use of specified grant and loan assistance for employment relocation activities.

To provide for the conveyance to the City of Bangor, Maine, of unused military family housing located in the City.

United States · United States Congress · 10 February 1997

Directs the Secretary of the Air Force to convey to Bangor, Maine, all U.S. rights and interest to certain unoccupied family housing units in Bangor known as the Charleston Family Housing Complex, in order to facilitate the reuse of such property to provide housing opportunities for first-time home buyers.

Use of Assisted Housing By Aliens Technical Correction Act of 1997

United States · United States Congress · 10 February 1997

Use of Assisted Housing By Aliens Technical Correction Act of 1997 - Amends the Housing and Community Development Act of 1980, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, with respect to a public housing authority's assistance verification waiver.

Native Hawaiian Housing Assistance Act of 1997

United States · United States Congress · 6 February 1997

Native Hawaiian Housing Assistance Act of 1997 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to establish a Native Hawaiian affordable housing block grant program. Authorizes appropriations. Amends the Housing and Community Development Act of 1992 to authorize Native Hawaiian housing loan guarantees. Authorizes appropriations.

An Act to amend the National Housing Act to prevent the funding of unnecessary or excessive costs for obtaining a home equity conversion mortgage, to require automatic cancellation and notice of cancellation rights with respect to private mortgage insurance required as a condition for entering into a residential mortagage transaction, to abolish the Thrift Depositor Protection Oversight Board, and for other purposes.

United States · United States Congress · 5 February 1997

Homeowners Insurance Protection Act - Amends the Truth in Lending Act to require a creditor to provide free, specified written disclosures about cancellation rights for private mortgage insurance if a consumer is required to obtain such insurance as a condition for entering into a residential mortgage transaction. Imposes civil liability in the amount of treble damages for noncompliance with such disclosure requirements.

Fair Housing Reform and Freedom of Speech Act of 1997

United States · United States Congress · 5 February 1997

Fair Housing Reform and Freedom of Speech Act of 1997 - Amends the Fair Housing Act to permit a dwelling restriction relating to number of unrelated inhabitants, building proximity, or inhabitant's criminal record if such restriction's purpose is to limit land use to single family dwellings. States that such Act shall not be construed to apply to lawful activity, including a legal action, engaged in solely to: (1) achieve or prevent governmental action; or (2) receive a judicial interpretation of any provision of such Act.

To amend the Appalachian Regional Development Act of 1965 to include Montgomery, Roanoke, and Rockbridge Counties, Virginia, as part of the Appalachian region.

United States · United States Congress · 5 February 1997

Amends the Appalachian Regional Development Act of 1965 to include Montgomery, Roanoke, and Rockbridge Counties, Virginia, as part of the Appalachian region.

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

United States · United States Congress · 5 February 1997

Constitutional Amendment - Prohibits the United States from ever contracting any public debt except in the cases and manners provided in this article. Exempts the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from any limitation imposed by this Article. Allows the United States to borrow money to repel invasion, suppress insurrection, or defend the United States in time of war, if the money raised is applied exclusively to the object for which the loan was authorized or to the repayment of such debt. Allows the United States to contract public debt to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, railways, buildings, equipment, or facilities for public purposes or to make funds available for veterans' housing loans, if the President determines and the Congress concurs by a majority vote that to prevent an unacceptable reduction in economic growth that would raise unemployment or diminish family income, it is essential for the United States to provide for such needed capital investments by contracting public debt. Allows the United States to contract public debt to fund or refund the whole or any part of indebtedness incurred before this Article takes effect. Requires this article to take effect beginning with the later of FY 2002 or the second fiscal year beginning after its ratification.

A bill to amend the Organic Act of Guam, the Revised Organic Act of the Virgin Islands, and the Compact of Free Association Act, and for other purposes.

United States · United States Congress · 28 January 1997

Amends the Compact of Free Association Act of 1985 to: (1) extend, upon request of the Government of the Marshall Islands, certain agricultural and food assistance programs for the Bikini and Enewetak people, for another five years; and (2) ensure that the commodities provided reflect the population changes that have occurred since the effective date of the Compact. (Sec. 2) Repeals the mandate that the Secretary of the Interior transfer administration of the American Memorial Park (in Saipan) to the government of the Northern Mariana Islands. (Sec. 3) Makes technical changes to the Education Amendments of 1972 with respect to Territorial Land Grant Colleges (thus providing separate land grant status to the College of Micronesis-FSM, the College of the Marshall Islands, and the Palau Community College). Requires that the land grant trust fund amount attributable to a specified appropriation authorized for Micronesia be divided equally among the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau for the benefit of the College of the Marshall Islands, the College of Micronesia-FSM, and the Palau Community College. (Sec. 4) Amends the Organic Act of Guam to provide for transfer of Federal excess real property by the Administrator of General Services to the Government of Guam. (Sec. 5) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend State treatment with respect to certain drug enforcement programs to the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (Sec. 6) Amends the Revised Organic Act of the Virgin Islands to provide that: (1) an absence of the Governor or Lieutenant Governor from the territory while on official business shall not be a "temporary absence" involving a surrender of authority and power; and (2) Virgin Islands revenue bonds, instead of the current priority for payment, shall have a parity lien with every other subsequently issued obligation. (Sec. 7) Establishes the Commission on the Economic Future of the Virgin Islands to make recommendations to the President and the Congress on policies and actions for a secure and self-sustaining future for the local economy of the Virgin Islands through 2020, as well as the Federal role in providing for that future. Authorizes appropriations. (Sec. 8) Directs the Secretary of Health and Human Services to provide, on a nonreimbursable basis, assistance to the Government of the Marshall Islands to carry out direct radiation related medical surveillance and treatment programs under the Compact. (Sec. 9) Amends the Housing Community Development Act of 1980 to make a lawful resident alien of the United States and its territories and possessions (including the Marshall Islands, the Federated States of Micronesia, and Palau) eligible for certain housing assistance. (Sec. 11) American Samoa Development Act of 1997 - Establishes the Commission on the Economic Future of American Samoa to make recommendations to the President and the Congress on policies and actions for a secure and self-sustaining future for the local economy of American Samoa through 2020, as well as the Federal role in providing for that future. Authorizes appropriations.

An original resolution authorizing expenditures by the Committee on Banking, Housing, and Urban Affairs.

United States · United States Congress · 28 January 1997

Authorizes expenditures by the Senate Committee on Banking, Housing, and Urban Affairs for the 105th Congress.

A joint resolution to consent to certain amendments enacted by the Legislature of the state of Hawaii to the Hawaiian Homes Commission Act, 1920.

United States · United States Congress · 22 January 1997

States that the United States consents to certain amendments adopted by Hawaii to the Hawaiian Homes Commission Act, 1920.

Native American Housing Assistance and Self-Determination Amendments of 1998

United States · United States Congress · 21 January 1997

Native Hawaiian Housing Assistance Act of 1997 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to add a new title, Title VIII - Housing Assistance for Native Hawaiians. Directs the Secretary of the Department of Housing and Urban Development to make block grants on behalf of Native Hawaiian families to carry out affordable housing activities in Hawaii and provide the grant amounts directly to the Department of Hawaiian Home Lands. Requires that the Department of Hawaiian Home Lands shall, to the maximum extent practicable, employ private nonprofit organizations experienced in the planning and development of affordable housing for Native Americans to carry out such activities. Authorizes appropriations. Amends the Housing and Community Development Act of 1992 to make applicable the provisions of the Act to Native Hawaiian families, Native Hawaiian housing authorities, and private nonprofit organizations experienced in the planning and development of affordable housing for Native Hawaiians, in the same manner as those provisions apply to Indian families, and to Indian housing authorities, respectively. Authorizes appropriations.

Poverty Data Correction Act of 1997

United States · United States Congress · 21 January 1997

Poverty Data Correction Act of 1997 - Requires any data relating to the incidence of poverty produced or published by or for the Secretary of Commerce for subnational areas to be corrected for differences in the cost of living and data produced for State and sub-State areas to be corrected for differences in the cost of living for at least all States of the United States. Requires such corrected data to be published in 1997 and biennially thereafter. Requires the Secretary to: (1) develop or cause to be developed a State cost-of-living index which ranks and assigns an index value to each State using data on wage, housing, and other costs relevant to the cost of living; and (2) multiply the Federal Government's statistical poverty thresholds by the index value for each State's cost of living to produce State poverty thresholds for each State. Requires the State cost-of-living index and resulting State poverty thresholds to be published before September 30, 1998, for calendar year 1997 and to be updated annually thereafter.

Southern Nevada Public Land Management Act of 1997

United States · United States Congress · 21 January 1997

Southern Nevada Public Land Management Act of 1997 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows the State of Nevada or the unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain the lands for local public purposes pursuant to the Recreation and Public Purposes Act (RPPA). Requires the Secretary, upon application by a unit of local government or regional governmental entity (the Southern Nevada Water Authority, the Las Vegas Valley Water District, the Regional Flood Control District, and the Clark County Sanitation District), to issue right-of-way grants (valid in perpetuity) on Federal lands in Clark County for all facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water or wastewater; or (2) flood control management. Waives rental or cost recovery fees with respect to such grants. Directs the Secretary to make such lands available to Clark County in accordance with the RPPA for the construction of youth activity facilities. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; and (3) a special account in the Treasury for the acquisition of environmentally sensitive land in Nevada, capital improvements in Federal areas in Clark County and the Spring Mountains National Recreation Area, and development of a multispecies habitat conservation plan, parks, trails, and natural areas in Clark County. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions, including conditions governing proceeds from the sale or lease of such property by Clark County. (Sec. 5) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). (Sec. 7) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the RPPA, to transfer the reversionary interest in such lands to other non-Federal lands on an equal value basis. Requires the Secretary, in consultation with the Secretary of Housing and Urban Development, to make available land in Nevada, in accordance with the RPPA, for purposes of affordable housing (housing that is assisted under the United States Housing Act of 1937) only to State and local governmental entities (including local public housing authorities). (Sec. 8) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.

A bill to amend the Fair Housing Act.

United States · United States Congress · 21 January 1997

Amends the Fair Housing Act to state that first amendment-protected conduct or membership and court actions (satisfying Federal civil procedure) to enforce Federal, State, or local law shall not constitute housing discrimination under such Act. Prohibits, in a housing discrimination proceeding against a governmental official, the admission as evidence that such official: (1) received information pertaining to the protected membership of another person; or (2) was the subject of a housing discrimination court action. Requires any housing discrimination enforcement guideline to make explicit that protected conduct or membership shall not be restricted nor constitute evidence of discrimination. Prohibits administrative enforcement unless the complaint describes the practice in sufficient detail to enable the Secretary of Housing and Urban Development to determine that such practice is not first amendment-protected. Provides sanctions for impermissible complaints.

Retirement Security Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Toward Equity for Women Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to establish, through a private entity awarded a contract by the Secretary of Labor, a payroll deduction and investment system, under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Sets forth system provisions for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations: (1) for the Secretary of Labor to design and award the contract for such system; and (2) for the contractor to begin operations under this chapter. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an option to suspend employer contributions. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Sets forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 one of the compensation criteria for a highly compensated employee. Excludes specified categories of employees from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Sets forth a special limitation rule for governmental and multiemployer plans, allowing annual benefits of up to $90,000. Exempts certain excess benefit arrangements from the $7,500 or one third of includible compensation limit for annual benefits. Prohibits such benefits from being taken into account in determining whether any other plan is an eligible deferred compensation plan. Provides a similar annual benefit exemption for survivor and disability benefits under multiemployer plans. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods for purposes of employee contributions. (Sec. 166). Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC (401(k) plans) by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Toward Equity for Women - Amends the IRC with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in plan is not treated as participation by the individual's spouse. (Sec. 402) Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 403) Amends the IRC and ERISA with respect to division of pension benefits upon divorce to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to the former spouse. (Sec. 404) Amends Federal civil service law to revise requirements for: (1) election of alternative deferred annuities by the surviving spouses of Federal employees; and (2) payment of lump-sum credit for former spouses of Federal employees (to state that payment to a person bars recovery by any other person). (Sec. 406) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.

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.

New Urban Agenda Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Federal Commitment to Urban Economic Development Title II: Tax Incentives to Stimulate Urban Economic Development Title III: Community-Based Housing Development Title IV: Response to Urban Environmental Challenges New Urban Agenda Act of 1997 - Title I: Federal Commitment to Urban Economic Development - Amends the Office of Federal Procurement Policy Act to require executive agencies to expend not less than 15 percent in each fiscal year for the purchase of goods from businesses located in empowerment zones, enterprise communities, or enterprise zones. Requires agencies, to the maximum extent practicable, to purchase recycled products from businesses located in such zones. (Sec. 102) Requires not less than 15 percent of foreign assistance provided in a fiscal year to be in the form of credits for the purchase of U.S. goods produced, manufactured, or assembled in such zones. (Sec. 103) Directs the Secretary of Commerce, in designating and providing financial assistance to Manufacturing Technology Outreach Centers, to give preference to centers located in such zones. (Sec. 104) Establishes a preference for the construction, improvement, or relocation of Federal facilities in distressed urban areas. Title II: Tax Incentives to Stimulate Urban Economic Development - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. (Sec. 202) Allows the rehabilitation investment credit to offset a portion of tentative minimum tax. (Sec. 203) Allows the issuance of tax-exempt facility bonds for sports facilities, convention or trade show facilities, freestanding parking facilities, air or water pollution control facilities, or industrial parks. Makes termination dates on such tax-exempt bonds inapplicable to bonds issued to finance manufacturing facilities. (Sec. 204) Increases the permitted amount of qualified small issue bonds for facilities to be used by related persons. (Sec. 205) Provides an exception to arbitrage interest rebate provisions if 100 percent of available construction proceeds are spent for governmental purposes within three years of the issuance of the tax-exempt bonds. (Sec. 206) Makes 75 percent of a qualified residential project bond exempt from State agency volume caps for the issuance of tax-exempt private activity bonds. (Sec. 207) Increases the amount and duration of the targeted jobs tax credit to 50 (currently 40) percent of the qualifying wages earned for the first three years (currently, only for the first year) of the employment. (Sec. 208) Excludes from gross income any qualified capital gain recognized on the sale or exchange of a qualified zone asset (stock, property, or partnership interest that was part of an enterprise zone business) held more than three years. Provides for the tax treatment of pass-thru entities and sales and exchanges of interests in partnerships and S corporations which are qualified zone businesses. Title III: Community-Based Housing Development - Directs the Secretary of Housing and Urban Development to study and report to the Comptroller General on the feasibility of consolidating existing public and low-income housing programs into a comprehensive block grant system of Federal aid and on the possibility of administering future programs through such a system. Requires the Comptroller General to report to the Congress with an analysis of such report and recommendations. (Sec. 302) Provides, subject to the approval of both the unit of general local government and the local public housing agency, for the reconstruction of public housing dwelling units on the same property on which such units were demolished or disposed, and for the relocation of displaced tenants to such new units. Title IV: Response to Urban Environmental Challenges -Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to prohibit the President or any other person from bringing an enforcement action under such Act, with respect to a facility located in an urban area that is not listed on the National Priorities List, against a person that has fulfilled all requirements under State and local law to conduct environmental response actions at such facility. (Sec. 402) Directs the Administrator of the Environmental Protection Agency to maintain the brownfield program (a program for the expansion or redevelopment of abandoned or underused commercial or industrial property at which a hazardous substance may be present) established by the Administrator before the enactment of this section. Limits to $200,000 the maximum grant to any single brownfield facility. Authorizes appropriations for such program for FY 1998 through 2000 out of the Hazardous Substance Superfund.

To relieve the Puerto Rico Housing Bank and Finance Agency and its assignees of liability for certain loans subject to the Truth-in-Lending Act.

United States · United States Congress · 21 January 1997

Declares that the Puerto Rico Housing Bank and Finance Agency and its assignees shall not have any civil, criminal, or administrative liability under the Truth-in-Lending Act (TILA) for any failure to comply with TILA or any regulation under it for any credit transactions subject to TILA consummated before enactment of this Act in which the Housing Bank was a creditor. Denies any consumer who consummated such a credit transaction any right of rescission against an assignee for the Housing Bank's noncompliance with TILA disclosure requirements.

Mobile Home Protection Act

United States · United States Congress · 21 January 1997

Mobile Home Protection Act - Amends the United States Housing Act of 1937 to provide for direct rental assistance to certain low-income owners of manufactured homes who rent the lots on which their homes are located.

Rural Housing Loan Servicing Privatization Act

United States · United States Congress · 21 January 1997

Rural Housing Loan Servicing Privatization Act - Amends the Housing Act of 1949 to provide for private servicing of certain rural housing loans.

Commercial Revitalization Tax Act of 1997

United States · United States Congress · 21 January 1997

Commercial Revitalization Tax Act of 1997 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit.

To consent to certain amendments enacted by the Legislature of the State of Hawaii to the Hawaiian Homes Commission Act, 1920.

United States · United States Congress · 21 January 1997

States that the United States consents to certain amendments adopted by Hawaii to the Hawaiian Homes Commission Act, 1920.

Southern Nevada Public Land Management Act of 1998

United States · United States Congress · 20 January 1997

Southern Nevada Public Land Management Act of 1997 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows the State of Nevada or the unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain the lands for local public purposes pursuant to the Recreation and Public Purposes Act (RPPA). Requires the Secretary, upon application by a unit of local government or regional governmental entity (the Southern Nevada Water Authority, the Regional Flood Control District, and the Clark County Sanitation District), to issue right-of-way grants (valid in perpetuity) on Federal lands in Clark County for all facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin River) or wastewater; or (2) flood control management. Waives rental or cost recovery fees with respect to such grants. Directs the Secretary to make such lands available to Clark County in accordance with the RPPA for the construction of youth activity facilities. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; and (3) a special account in the Treasury for the acquisition of environmentally sensitive land in Nevada, capital improvements in Federal areas in Clark County and the Spring Mountains National Recreation Area, development of a multispecies habitat conservation plan, parks, trails, and natural areas in Clark County, and reimbursement of costs incurred by BLM local offices in arranging sales or exchanges. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions, including conditions governing proceeds from the sale or lease of such property by Clark County. Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the RPPA, to transfer the reversionary interest in such lands to other non-Federal lands on an equal value basis. Requires the Secretary, in consultation with the Secretary of Housing and Urban Development, to make available land in Nevada, in accordance with the RPPA, for purposes of affordable housing (housing that is assisted under the United States Housing Act of 1937) only to State and local governmental entities (including local public housing authorities). Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.

Susan R. Baron, of Maryland, to be a Member of the National Corporation for Housing Partnerships for the term expiring October 27, 1997. (Reappointment)

United States · United States Senate · 9 January 1997

A resolution making majority party appointments to certain Senate committees for the 105th Congress.

United States · United States Congress · 9 January 1997

Designates majority party membership on the following Senate Committees: (1) Agriculture; (2) Appropriations; (3) Armed Services; (4) Banking, Housing, and Urban Affairs; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Finance; (9) Foreign Relations; (10) Governmental Affairs; (11) Judiciary; and (12) Labor and Human Resources.

A resolution amending paragraph 2 and 3 of Rule XXV.

United States · United States Congress · 9 January 1997

Amends rule XXV of the Standing Rules of the Senate to decrease the number of Members on the Senate Committees on Armed Services, Small Business, Aging, and Indian Affairs and to increase the number of Members on the following Senate Committees: (1) Banking, Housing and Urban Affairs; (2) Commerce, Science, and Transportation; (3) Environment and Public Works; (4) Finance; (5) Governmental Affairs; (6) Labor and Human Resources; and (7) Intelligence.

A resolution making minority party appointments to Senate committees for the 105th Congress.

United States · United States Congress · 9 January 1997

Designates minority party membership on the following Senate Committees: (1) Agriculture, Nutrition, and Forestry; (2) Appropriations; (3) Armed Services; (4) Banking, Housing, and Urban Affairs; (5) Commerce, Science, and Transportation; (6) Energy and Natural Resources; (7) Environment and Public Works; (8) Finance; (9) Foreign Relations; (10) Governmental Affairs; (11) Judiciary; and (12) Labor and Human Resources.

Veterans' Equity Act of 1997

United States · United States Congress · 9 January 1997

Veterans' Equity Act of 1997 - Excludes certain amounts received under veterans' compensation programs from adjusted income for purposes of determining the amount of rent a family will pay for public housing.

Substance Abuse Group Homes Amendments of 1997

United States · United States Congress · 9 January 1997

Substance Abuse Group Homes Amendments of 1997 - Amends the Public Health Service Act to require that State and local officials consult with the public regarding the establishment of a designated substance abuse recovery group home, its governing policies, and the effects of an established home on the community. Requires the officials to monitor the home residents' compliance with the conditions upon which the home was established.

Andrew M. Cuomo, of New York, to be Secretary of Housing and Urban Development, vice Henry G. Cisneros, resigned.

United States · United States Senate · 7 January 1997

Homeless Housing Programs Consolidation and Flexibility Act

United States · United States Congress · 7 January 1997

Homeless Housing Programs Consolidation and Flexibility Act - Amends the Stewart B. McKinney Homeless Assistance Act to consolidate the existing title IV homeless housing programs into a permanent housing development and flexible block grant homeless assistance program. Makes such grants available to States, cities, urban counties, and insular areas. Requires submission of a comprehensive housing affordability strategy. Sets forth allocation, matching fund, and program provisions. Authorizes permanent housing development grant use to construct, rehabilitate, or acquire permanent housing. Prohibits fund use for supportive services. Requires: (1) at least 50 percent use through nonprofit organizations; and (2) targeting of special populations. Authorizes flexible block grant use for: (1) construction, acquisition, rehabilitation, leasing, and operation of supportive housing; (2) homelessness prevention; (3) permanent housing activities; (4) emergency shelter; (5) supportive services; and (6) technical assistance. Requires at least 50 percent use through nonprofit organizations. Authorizes appropriations. Revises responsibilities of the Interagency Council on the Homeless. Authorizes appropriations. Repeals specified provisions and makes conforming amendments to the following Acts: (1) HUD Demonstration Act of 1993 (innovative homeless initiatives); (2) Housing and Community Development Act of 1992 (FHA single family property disposition for the homeless); (3) Housing Act of 1949 (housing for rural homeless and migrant farmworkers); (4) United States Housing Act of 1937 (SRO assistance program); and (5) Cranston-Gonzalez National Affordable Housing Act (youthbuild).

Family Housing Act of 1996

United States · United States Congress · 7 January 1997

Family Housing Act of 1996 - Amends the United States Housing Act of 1937 to reserve a specified percentage of public housing units for legally married families.

Small Communities CDBG Multipurpose Facilities Act

United States · United States Congress · 7 January 1997

Small Communities CDBG Multipurpose Facilities Act - Amends the Housing and Community Development Act of 1974 to permit certain small communities to use specified space for governmental purposes in public facilities acquired, rehabilitated, or built with community development block grant funds.

Urban Homestead Act of 1996

United States · United States Congress · 7 January 1997

Urban Homestead Act of 1996 - Directs the Secretary of Housing and Urban Development to transfer ownership of unoccupied or substandard public housing to appropriate units of local government, after first satisfying any related indebtedness. Directs these local governmental units to initially offer such housing for sale exclusively to community development corporations, and then on a competitive or other basis.

Credit Opportunity Amendments Act of 1997

United States · United States Congress · 7 January 1997

Credit Opportunity Amendments Act of 1997 - Amends the Community Reinvestment Act of 1977 to repeal the requirement that the appropriate Federal financial supervisory agency take an institution's record of meeting it's entire community's credit needs into its evaluation of such institution's deposit facility application. Requires each financial institution to prepare a public description of its lending and related programs designed to enhance the availability of community credit, including low- and moderate-income neighborhoods. Amends the Consumer Credit Protection Act and the Fair Housing Act to prohibit: (1) creditor discrimination on the basis of the racial or ethnic characteristics of the applicant's surrounding neighborhood; (2) the Attorney General from initiating a civil enforcement action pursuant to the Consumer Credit Protection Act except upon referral; and (3) the use of statistical data indicating a disparate impact on various classes of applicants of a creditor's credit decisions as evidence of violations of such Act(s) unless accompanied by additional evidence demonstrating actual discrimination and intent to discriminate.

Community Housing Right To Know Act

United States · United States Congress · 7 January 1997

Community Housing Right To Know Act - Amends the Department of Housing and Urban Development Act to direct the Secretary of Housing and Urban Development to notify and consult with the unit of general local government within which an assisted multifamily housing project is to be located before providing any low-income housing assistance for such project.

Public Housing Tenant Integrity Act of 1997

United States · United States Congress · 7 January 1997

Public Housing Tenant Integrity Act of 1997 - Amends title III (Unemployment Insurance) of the Social Security Act to repeal the termination date for certain provisions providing Department of Housing and Urban Development (HUD) access to State employment-related information. Amends the Internal Revenue Code (IRC) to: (1) authorize HUD to disclose certain tax return information to a requesting public housing agency for purposes of determining program eligibility or benefits; and (2) repeal the termination date for certain housing program disclosure authority. Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 with respect to such IRC disclosures.

Hate Group Public Funding Exclusion Act

United States · United States Congress · 7 January 1997

Hate Group Public Funding Exclusion Act - Authorizes the Secretary of Housing and Urban Development (HUD) to make an organization controlled by individuals who promote prejudice or bias based on race, religion, or ethnicity ineligible for HUD assistance.