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Bill· SS. 1561 (105th)referred
United States · United States Congress · 13 November 1997
TABLE OF CONTENTS: Title I: Enhancement of Citizens Involvement Title II: Leveling the Playing Field for Candidates Title III: Voluntariness of Political Contributions Title IV: Elimination of Election Campaign Excesses Title V: Enhanced Disclosure Title VI: Federal Election Commission Reform Title VII: Improvements to the National Voter Registration Act Constitutional and Effective Reform of Campaigns Act of 1997 - Title I: Enhancement of Citizens Involvement - Amends the Federal Election Campaign Act of 1971 (FECA) to revise provisions which prohibit a foreign national from making a contribution in connection with any political election. Extends such prohibition to include, among other things: (1) any individual not registered to vote in a Federal election; and (2) donations. Defines the term "donation" to mean a gift, subscription, loan, advance, or deposit of money or anything else of value made by any person to national committee of a political party or a Senatorial or Congressional Campaign Committee of a national political party for any purpose, but does not include a contribution. (Sec. 102) Increases the $1,000 individual per candidate limit on contributions to $2,000. Provides for the indexing of such limit and other contribution limits. (Sec. 103) Amends the Internal Revenue Code to allow individuals a limited tax credit for contributions made to local congressional candidates. Title II: Leveling the Playing Field for Candidates - Amends FECA to permit certain House and Senate individual and multicandidate political committee contribution limits to be increased up to four times until the aggregate of such contributions exceed specified limits. (Sec. 202) Increases individual and multicandidate political committee contribution limits for a particular election when personal expenditures in excess of $25,000 are made by an opposing candidate. Requires Senate candidates making expenditures from personal funds in excess of such amount in connection with any election to file a notification within 24 hours. (Sec. 203) Amends Federal law to revise provisions concerning time limits on the mailing of any mass mailing as franked mail by Members or Members-elect, including adding a provision which prohibits a Member of the Senate from mailing any mass mailing as franked mail during a year in which there will be an election for the seat held by the Member during the period between January 1 of that year and the date of the general election for that office, unless the Member has made a public announcement that he or she will not be a candidate for reelection to that office in that year. Title III: Voluntariness of Political Contributions - Sets forth requirements for the voluntary, written authorization of the use of dues and fees of employees of labor organizations. Amends the Labor-Management Reporting and Disclosure Act of 1959 to require a labor organization's annual financial report to include such information as will allow labor organization members and employees to determine whether disbursements categorized as other disbursements were necessary to perform the duties of exclusive representation of the employees in dealing with the employer on labor- management issues. Directs the Secretary of Labor, on the written request of any person, to make available the complete copies of a labor organization's constitution, bylaws, and annual financial reports. (Currently, such documents may be inspected but there is no specific requirement to make available complete copies.) (Sec. 302) Amends FECA to require corporations, required by any law of the Congress to submit annual reports to shareholders, to disclose: (1) the aggregate amount of donations made; and (2) the name of the political committee to which each donation was made. Title IV: Elimination of Election Campaign Excesses - Amends Federal law to prohibit the solicitation or receipt of contributions or donations on Federal property. (Currently, the prohibition is limited to the solicitation or receipt of contributions.) (Sec. 402) Amends FECA to set forth provisions concerning the return to donors of certain contributions and donations. (Sec. 403) Prohibits an individual's aggregate donations to a national committee of a political party (or any subordinate committee of a national party) or a Senatorial or Congressional Campaign Committee of a national political party (or an entity that is either directly or indirectly established, financed, maintained, controlled by, or acting on behalf of, such a committee) from exceeding $100,000 during a calendar year. Increases: (1) from $20,000 to $50,000 the limit on an individual's contributions to political committees of a national political party; and (2) from $25,000 to $50,000 the limit on an individual's aggregate contributions. (Sec. 404) Revises provisions concerning the prohibition on the conversion of contributions to personal use. Title V: Enhanced Disclosure - Revises certain reporting requirements with respect to candidates, including requiring the treasurer of a candidate's principal campaign committee to file weekly reports beginning 30 days before a general election. (Sec. 502) Directs the Commission to make information contained in FECA reports available on the Internet and at the Commission's offices. (Sec. 503) Sets forth provisions requiring the reporting of independent expenditures made within 20 days before an election which, in the aggregate, total more than $1,000. Requires, in addition, a report when such expenditures during such time, in the aggregate, total more than $10,000. (Sec. 504) Amends the Lobbying Disclosure Act to 1995, regarding semiannual reporting by registered lobbyists, to: (1) require such lobbyists to disclose contributions and donations in such reports; and (2) include specified information if the registrant, the registrant's employer, or a separate segregated fund of such employer made contributions or donations to covered executive branch officials, covered legislative branch officials, or political committees. Title VI: Federal Election Commission Reform - Amends FECA to: (1) provide for the filing of reports using computers and facsimile machines; (2) revise the requirement for the terms of members of the Commission to limit Commissioners to one term of no more than eight years; (3) increase the penalty for knowing and willful violations of FECA or of provisions of the Internal Revenue Code (IRC) relating to the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account; (4) permit an individual who is responding with a brief to an alleged violation of FECA or the preceding IRC provisions to submit, with the brief, a request to present oral arguments before the Commission; (5) establish civil penalties for minor reporting violations; (6) change certain reporting from a calendar year basis to an election cycle basis; and (7) provide for the appointment of the staff director and general counsel of the Commission by the President, by and with the advice and consent of the Senate (currently such appointments are made by the Commission). Title VII: Improvements to the National Voter Registration Act - Amends the National Voter Registration Act of 1993 to: (1) repeal the requirement for States to provide for voter registration by mail; (2) require applicants registering to vote to provide certain additional information; (3) permit States to remove certain registrants from the official list of eligible voters; (4) permit States to require voters to produce additional information prior to receiving a ballot for voting; and (5) repeal the requirement that States permit registrants who have changed residence and now have a new polling place, but are still within the same registrar's jurisdiction and the same congressional district, to vote at the polling place for their former address.
Bill· SS. 1466 (105th)referred
United States · United States Congress · 8 November 1997
Effective Substance Abuse Treatment Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.
Bill· SS. 1373 (105th)referred
United States · United States Congress · 5 November 1997
TABLE OF CONTENTS: Title I: Political Relationship Title II: Applicability of Federal Law Title III: Foreign Affairs and Defense Title IV: Courts Title V: Trade Title VI: Taxation Title VII: Immigration Title VIII: Labor Title IX: Transportation and Telecommunications Title X: Land, Natural Resources, and Utilities Title XI: United States Financial Assistance Title XII: Technical Amendments and Interpretation Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution and within specified guidelines. (Sec. 102) Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. (Sec. 103) Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam. (Sec. 202) Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. (Sec. 203) Creates the Joint Commission on the Applicability of Federal Law. (Sec. 204) Authorizes the President to delegate to the Governor of Guam performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. (Sec. 302) Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. (Sec. 304) Prohibits the United States from using Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the cleanup by the United States of chemical dump sites used by the military. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. (Sec. 404) Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area. (Sec. 501) Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on certain imports and exports. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax to be known as the Guam Commonwealth income tax. (Sec. 603) Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. (Sec. 604) Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. (Sec. 605) Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. (Sec. 702) Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. (Sec. 802) Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. (Sec. 901) Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission to examine the applicability of such laws and to recommend their termination upon determining that such laws constrain Guam's economic development. (Sec. 902) Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and national defense interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. (Sec. 903) Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources, and Utilities - Grants the Government of Guam the power of eminent domain. (Sec. 1001) Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. (Sec. 1003) Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. (Sec. 1004) Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States equally applicable to Guam. (Sec. 1104) Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bastions in the Far East. (Sec. 1105) Provides for assistance to aid Guam's transition to a Commonwealth. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. (Sec. 1204) Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam in specified phases.
Resolution· SCONRESS.Con.Res. 63 (105th)passed
United States · United States Congress · 5 November 1997
Provides for the printing of a revised edition of the pamphlet entitled "The Constitution of the United States of America" as a Senate document.
Bill· HRH.R. 2822 (105th)open
United States · United States Congress · 5 November 1997
Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.
Resolution· SCONRESS.Con.Res. 58 (105th)referred
United States · United States Congress · 30 October 1997
Condemns the newly passed Russian law restricting freedom of religion and violating international norms, treaties to which the Russian Federation is a signatory, and the Russian Constitution. Calls upon: (1) President Clinton to make clear to President Yeltsin and the Russian legislature the U.S. position that such law may seriously harm U.S.-Russian relations; (2) President Yeltsin and the Russian legislature to uphold their international commitments on human rights, abide by the Russian Constitution's guarantee of freedom of religion, and reconsider their position by amending the law and lifting all restrictions on freedom of religion; and (3) all governments and legislatures of the independent states of the former Soviet Union to respect religious human rights and resist efforts to adopt the discriminatory Russian law.
Resolution· HRESH.Res. 282 (105th)passed
United States · United States Congress · 28 October 1997
Congratulates the Association of South East Asian Nations (ASEAN) and its member nations on the occasion of its 30th anniversary. Encourages progress by ASEAN members toward the further development of democracy, respect for human rights, enhancement of the rule of law, and the expansion of market economies.
Resolution· HCONRESH.Con.Res. 176 (105th)referred
United States · United States Congress · 24 October 1997
Condemns the enactment of the "On Freedom of Conscience and on Religious Association" law by the Russian Government on September 25, 1997, as a flagrant violation of internationally accepted standards of human rights. Expresses the sense of the Congress that none of the funds appropriated under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 should be made available for the Government of the Russian Federation unless it has taken appropriate steps to assure that religious discrimination does not result from implementation of such law, or unless the law is effectively challenged and changed through an appropriate review process.
Bill· SS. 1303 (105th)referred
United States · United States Congress · 21 October 1997
TABLE OF CONTENTS: Title I: Economic Normalization Subtitle A: General Provisions Subtitle B: United States-China Trade and Investment Commission Title II: Strategic Relations Title III: Human Rights Subtitle A: General Provisions Subtitle B: Human Relations Commission United States-China Relations Act of 1997 - Declares that it is the policy of the United States to: (1) encourage the integration of the People's Republic of China (PRC) into the global economy and community of nations; (2) craft an economic, political, and strategic relationship with the PRC which builds mutual trust and encourages transparency; (3) cooperate with the PRC on regional and global political and strategic issues, and to encourage the constructive interdependence of the PRC in the Asia Pacific region; (4) recognize the PRC's sovereignty, and oppose any unilateral change in the status quo of one China policy, especially with respect to the Republic of China on Taiwan; (5) continue a close relationship with the Special Administrative Region of Hong Kong; and (6) enforce the Hong Kong Policy Act and any other provision that relates to the protection of civil liberties and the rule of law in Hong Kong. Title I: Economic Normalization - Subtitle A: General Provisions - Declares the policy of the United States with respect to the economic relationship between the United States and the PRC. (Sec. 103) Directs the United States Trade Representative (USTR) to study and report annually to the Congress on the economic benefits that existing bilateral trade agreements between the United States and the PRC have on U.S. employment, balance of trade, and international competitiveness. Directs the Secretary of State to report annually to the Congress on the commercial activities of the People's Liberation Army in the United States and the PRC. (Sec. 104) Directs the USTR to assess and advise the Congress on the feasibility of entering into a bilateral investment treaty with the PRC. Directs the Secretary of the Treasury to assess and advise the Congress on the feasibility of entering into a bilateral tax treaty with the PRC. Directs the President to: (1) review annually the functions and objectives of each United States-China Joint Commission; and (2) submit annually for congressional review a program plan identifying the objectives of each Commission and the resources required to achieve them. (Sec. 105) Directs the President to increase the rate of duty with respect to one or more products of China if, after the 1979 U.S. bilateral agreement with the PRC expires, it is determined that: (1) China is not according adequate trade benefits to the United States; or (2) it is not taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Requires the President to terminate such duty rate increase if the PRC becomes a WTO member, takes adequate steps to become a WTO member, or accords adequate trade benefits to the United States. Grants nondiscriminatory treatment (most-favored-nation) treatment to Chinese products upon China's accession to the WTO. Directs the President to: (1) develop criteria for supporting the PRC's participation in the Organization for Economic Cooperation and Development (OECD) and the G-7 meetings; and (2) when appropriate, initiate discussions with other OECD members and the G-7 regarding such participation. (Sec. 106) Earmarks specified FY 1999 and 2000 funding for strengthening and expanding to additional cities the U.S. consular and commercial presence in the PRC. Subtitle B: United States-China Trade and Investment Commission - Establishes a United States-China Trade and Investment Commission (USCTIC) to study and report annually to the President and the Congress with regard to: (1) business practices employed by U.S. and foreign persons conducting business in the PRC; (2) human rights, labor, and environmental conditions in each province of the PRC based on certain criteria under the Foreign Assistance Act of 1961 relating to insurance, financing, guarantees, and reinsurance by the Overseas Private Investment Corporation (OPIC); (3) other circumstances associated with the development of the rule of law and civil society in the PRC; (4) opportunities for bilateral cooperation for improving ecosystem management and pollution control, and for integrating policies that have environmental impact in the PRC; and (5) opportunities for developing voluntary environmental guidelines for industrial suppliers located in the PRC, including the implementation of ISO 14000 environmental management standards of the International Organization of Standards. (Sec. 116) Directs the Export-Import Bank, OPIC, and other U.S. agencies to take into consideration such study and report in funding any transaction with the PRC. Amends the Export-Import Bank Act to provide that the prohibition on aid to Marxist-Leninist countries shall not apply to guarantees, insurance, or extension of credit by the Bank to a province of the PRC if the USCTIC determines that the province meets the criteria for OPIC insurance, financing, guarantees, and reinsurance in the Foreign Assistance Act of 1961. Amends the Foreign Assistance Act of 1961 to authorize OPIC to insure, reinsure, guarantee, or finance a project in the PRC if the USCTIC determines that the province in which such project is located meets applicable criteria for insurance, financing, guarantees, and reinsurance. Title II: Strategic Relations - States that it is the policy of the United States to: (1) encourage the political and military integration of the PRC into the Asia Pacific region and the larger global community of nations; (2) maintain a strong U.S. presence in the Asia Pacific region and encourage cooperation between the United States, the PRC, and other nations; (3) encourage transparency in military funding in the PRC to the greatest extent possible; and (4) engage in confidence building measures between the United States and the PRC in order to reduce the risk of unintended conflict. (Sec. 203) Requires the Secretaries of State, of Defense, and of Commerce, along with the heads of other intelligence agencies, to provide the Congress with: (1) a report analyzing the effectiveness of existing weapons proliferation export controls and sanctions relating to the PRC; and (2) a report describing economic, political, and military espionage conducted by the PRC against the United States. (Sec. 204) Expresses the sense of the Senate that the President should continue and expand contact and exchanges between national security personnel from the United States and of the PRC. Directs the President to take steps to establish a bilateral committee with the PRC in order to begin a dialogue about: (1) the maintenance of stability in regions where there are energy resources of mutual interest to the United States and the PRC; and (2) common interests in the PRC's securing a stable and adequate food supply and the interests of the United States as a supplier of such food. (Sec. 205) Directs the President to take steps to establish a multilateral risk reduction protocol with the PRC and other governments in East Asia that includes establishing a line of direct communication between Washington and the PRC and developing a protocol for naval encounters in international waters (Sec. 206) Expresses the sense of the Senate that: (1) the security and stability of the Near East is threatened by any augmentation of weapons inventories by Iran and Iraq; and (2) the President should vigilantly enforce the Iran-Iraq Arms Non-Proliferation Act of 1992. Title III: Human Rights - Subtitle A: General Provisions - States that it is the policy of the United States to: (1) encourage the PRC to adhere to internationally accepted norms for the rule of law, human rights, and worker rights; and (2) develop a consistent multilateral response to the record of the PRC on human rights and worker rights. (Sec. 303) Requires the President to direct the Director of the United States Information Agency and the Board of Broadcasting Governors to: (1) increase the broadcast hours of the Voice of America and Radio Free Asia to the PRC; and (2) broadcast to the PRC in multiple Chinese dialects. Authorizes additional appropriations for grants to the National Endowment for Democracy which shall be available only for programs relating to the PRC. (Sec. 304) Provides that, in the absence of significant progress in improving human rights in the PRC, the President shall direct the U.S. Permanent Representative to the United Nations to develop and implement a strategy to ensure that there is a debate and discussion every year on the human rights record of the PRC before the United Nations Commission on Human Rights. Subtitle B: Human Relations Commission - Directs the President to appoint a Human Relations Commission to: (1) assess the status of human rights and worker rights in the PRC based on the Universal Declaration of Human Rights and internationally recognized worker rights; (2) work to develop a bilateral commission between the United States and the PRC on human rights and worker rights; (3) expand opportunities for the exchange between the United States and the PRC of judges, attorneys, religious leaders, customs officials, and members and staff of the executive and legislative branches of government; (4) encourage overseas development assistance programs that support establishment of the rule of law and civil society in the PRC; and (5) identify opportunities for multilateral action on human rights and worker rights, and rejuvenate initiatives in the International Labor Organization relating to such rights. (Sec. 312) Provides that, in assessing the status of such rights, the Commission shall establish a Prisoner Information Registry containing specified information about people detained in the PRC as political and religious prisoners and prisoners of conscience. Requires the Commission to: (1) report annually to the President and the Congress on the results of such assessment; and (2) if it determines that the PRC is not making progress in improving the status of such rights within two years after its first meeting, recommend that the President strengthen U.S. policies intended to improve the status of human rights and worker rights in the PRC.
Resolution· HRESH.Res. 271 (105th)passed
United States · United States Congress · 21 October 1997
Sets forth the rule (modified closed) for the consideration of H.R. 1534 (Federal court access).
Bill· SS. 1256 (105th)referred
United States · United States Congress · 6 October 1997
Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims (claims court). (Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court. Waives sovereign immunity of the United States regarding such an action. (Sec. 6) Grants: (1) any person adversely affected by a Federal agency action standing to challenge and seek judicial review of that action without first exhausting administrative remedies, subject to specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive jurisdiction of any action filed under this Act. (Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render judgment upon certain claims against the United States for monetary relief and for invalidation of any Act of Congress or regulation of an executive department under this Act. Grants the claims court the power to grant injunctive and declaratory relief in any case within its jurisdiction. Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in other courts. Expands the district court's jurisdiction to include concurrent jurisdiction over civil actions filed under this Act. Specifies that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S. State or territory that causes actual and concrete injury to the party seeking redress. Sets forth provisions regarding final decisions, related State proceedings, and certification of questions of State law. (Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the taking of private property. (Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff.
Bill· SS. 1246 (105th)referred
United States · United States Congress · 1 October 1997
Voter Empowerment and Campaign Disclosure Act of 1997 - Expresses the sense of the Congress that because legal permanent residents of the United States are protected by the Constitution, such residents have the right under the First Amendment to legally express themselves through expenditures and contributions that affect the political and electoral process. (Sec. 3) Amends the Federal Election Campaign Act of 1971 (FECA) to revise the requirement concerning the limit on contributions made by individuals to candidates to establish separate limits on individual contributions to: (1) local candidates; and (2) non-local candidates. Increases: (1) the separate limits on contributions made by individuals to political committees of national political parties and any other political committees; and (2) the annual aggregate limit on individual contributions. Removes a certain limitation on individual contributions. Decreases the limit on multicandidate political committee contributions to candidates. Revises requirements for indexing certain limits to include indexing of: (1) the individual contribution limit; (2) the multicandidate political committee contribution limit; and (3) the annual aggregate individual contribution limit. (Sec. 4) Repeals limitations regarding expenditures by national committees, State committees, or subordinate committees of State committees in connection with general election campaigns of Federal candidates. Prohibits treating expenditures as contributions to or expenditures made by the candidate. Increases the separate limits on multicandidate political committee contributions to: (1) political committees of national political parties; and (2) any other political committees. Defines the term "express advocacy." (Sec. 5) Revises requirements for the filing of FECA reports in any calendar year during which there is regularly scheduled election for which a House or Senate candidate is seeking election, or nomination for election, to require the filing of monthly reports by: (1) the principal campaign committee of a House or Senate candidate; and (2) the political committees of national parties. (Sec. 6) Increases the penalty for knowing and willful violations of: (1) FECA; or (2) Internal Revenue Code provisions concerning the Presidential Election Campaign Fund and the Presidential Primary Matching Payment Account. Allows reasonable attorney's fees and other costs of a civil action, in any proceeding concerning a violation in which the defendant substantially prevails on substantive grounds, in addition to any judgment awarded to the defendant. (Sec. 7) Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes. Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction. Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. Directs the National Labor Relations Board to prescribe the size and form of such notice. Provides, under NLRA, that employees subject to union security agreements who pay dues and fees for the required limited purposes shall have the same right as any union member to participate in union affairs related to such purposes (collective bargaining, contract administration, or grievance adjustment). Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to promulgate a regulation. (Sec. 8) Amends Federal law to revise the prohibition regarding the solicitation and receipt of Federal election campaign contributions by any person on Federal property from certain persons to include under the prohibition a monetary donation or anything else of value made by any person on Federal property to a national committee of a political party. (Sec. 9) Revises the requirement prohibiting Senators from mailing any mass mailing as franked mail to prohibit a Senator from mailing any mass mailing as franked mail during a year in which there will be an election for the seat held by the Senator, unless the Senator has made a public announcement that he or she will not be a candidate for reelection to the Senate in that year.
Law· SS. 1228 (105th)enacted
United States · United States Congress · 26 September 1997
50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
Resolution· HCONRESH.Con.Res. 158 (105th)open
United States · United States Congress · 25 September 1997
Condemns the deployment of U.S. military personnel in the service of the United Nations (UN) in the former Yugoslav Republic of Macedonia as a violation of both the Constitution and Federal laws. Calls upon the President to: (1) take total command of all such personnel participating in UN operations and ensure that they wear only the U.S. uniform without any UN items and carry only U.S. issued military identity cards; and (2) take all steps necessary to resolve all existing conflicts with such personnel who have refused to serve under foreign commanders in foreign uniforms, consistent with the Constitution and principles of this resolution.
Bill· SS. 1204 (105th)open
United States · United States Congress · 23 September 1997
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
Resolution· HCONRESH.Con.Res. 153 (105th)referred
United States · United States Congress · 18 September 1997
Commends: (1) the Government of Italy for its leadership in focusing attention on the issues in Albania and in assembling an international protection force there; (2) Italy, Greece, and other countries for offering refuge to displaced persons during the height of the Albanian crisis; and (3) the Organization on Security and Cooperation in Europe (OSCE) and former Austrian Chancellor Franz Vranitsky for leadership in helping Albania resolve its crisis. Declares that the Congress looks forward to working with the new Albanian Government as it works to build democratic institutions and promote political reconciliation in Albania. Urges the new Government and President of Albania to: (1) embrace pluralism and to foster cooperation and reconciliation among the political forces in Albania; (2) foster trust with its citizenry to achieve stability in the region; (3) take steps toward further developing a market-based economy; (4) pursue investigations, in cooperation with appropriate international financial institutions, into the pyramid investment schemes that cost hundreds of thousands of Albanians their savings; and (5) ensure freedom of the press and media access for all interested parties. Calls for the United States to assist the new Albanian Government in its efforts to build strong democratic institutions, bring about economic reform, promote the rule of law, and reconstitute a professional Albanian military and police.
Bill· HRH.R. 2414 (105th)referred
United States · United States Congress · 5 September 1997
50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued between January 1, 1997, and January 1, 2007, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
Bill· HRH.R. 2426 (105th)referred
United States · United States Congress · 5 September 1997
Directs the Secretary of the Treasury to pay an unspecified amount to a named individual for distribution to enrolled members of a specified Indian tribe in full settlement of all claims: (1) of the tribe arising from the taking by the United States of land owned or occupied by it without payment for such lands of compensation agreed to by that tribe; (2) based upon fair and honorable dealings that are not recognized by any existing rule of law or equity; and (3) which otherwise, except for the lapse of time and the failure to timely file, would have been compensable.
Bill· HRH.R. 2392 (105th)referred
United States · United States Congress · 3 September 1997
Victim Protection Act of 1997 - Amends habeas corpus provisions of the Federal judicial code to bar the court from preventing the retrial of a person detained unless the court finds an infringement of the double jeopardy, speedy trial, or ex post facto rights of the person, or finds that the law under which the person was convicted violates the Constitution.
Bill· SS. 1102 (105th)open
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Mineral Materials Title VII: Administrative Provisions Mining Law Reform Act of 1997 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the fifth amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. (Sec. 204) Prescribes general patent issuance guidelines. Retains a Federal right of reentry in lands patented under this Act. Delineates circumstances under which such right shall ripen. Declares this Act inapplicable to mining claims and sites contained within mineral patent applications pending as of September 30, 1997, or for which a vested possessory property right against the United States exists on the date of enactment of this Act. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of five percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any person with annual net proceeds from such mineral production of less than $50,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Establishes civil penalties for nonpayment of royalties. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Mineral Materials - Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). (Sec. 602) Amends Federal law to state that lands known to contain valuable deposits of mineral materials, but not covered by any contract, permit, or lease, or by a valid mining claim, for uncommon varieties of mineral materials, are subject to disposition by lease by the Secretary. Cites as lease conditions: (1) a minimum royalty payment of two percent of the quantity or gross value of the mineral output; and (2) certain rental payments. Specifies such rental payments in the following order: (1) 25 cents per acre for the first calendar year; (2) 50 cents for the second, third, fourth, and fifth years, respectively; and (3) $1 per acre per annum thereafter for the life of the lease. Requires such rental to be credited against royalties accruing for the year. Sets the lease term for 20 years and so long thereafter as the lessee complies with the lease terms. Conditions leases upon a minimum annual production, or payment of a minimum royalty in lieu thereof. Authorizes the Secretary to permit suspension of operations under such leases when marketing conditions do not permit leases to operate without a loss. Directs the Secretary to renew leases subject to the same tenure and conditions as provided for in this Act. Authorizes the Secretary to grant prospecting permits with the exclusive right to prospect for mineral materials for a maximum two-year period on up to 2,560 acres of Federal land in reasonably compact form. Entitles a permittee to lease the land described in such permit (subject to a minimum royalty of two percent of the quantity or gross value of the mineral material output at the point of shipment to market) upon showing that the permittee has discovered valuable mineral deposits subject to the Materials Act of 1947. Entitles holders of valid mining claims for uncommon varieties of mineral materials to receive a lease. Amends Federal law regarding unpatented mining claims to assert the Federal right to manage and dispose of mineral material surface resources, or to sever, remove, or use them before issuance of a mining patent. Authorizes the Secretary to negotiate a contract for the disposal of mineral materials, in lieu of disposing of them to the highest responsible qualified bidder after formal public notice, as required by current law. Title VII: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
Bill· SS. 1110 (105th)referred
United States · United States Congress · 31 July 1997
Victim Protection Act of 1997 - Amends habeas corpus provisions of the Federal judicial code to bar the court from prohibiting the retrial of a person detained unless the court finds an infringement of the double jeopardy, speedy trial, or ex post facto rights of the person, or finds that the law under which the person was convicted violates the Constitution.
Resolution· SRESS.Res. 112 (105th)open
United States · United States Congress · 31 July 1997
Condemns violent attempts to overthrow the freely elected Government of the Republic of Congo and encourages all parties involved in the conflict to reach a lasting cease-fire. Calls on all private militia to disband to end the continuing threat to peace and stability in the Republic of Congo. Reaffirms support for constitutional government, the rule of law, human rights, and democratic processes in the Republic of Congo and calls upon regional African leaders to support the preservation of a democratic political system in the country. Declares that the removal of the democratically elected Government of the Republic of Congo by other than democratic means would severely restrict the bilateral relationship between the United States and the Republic of Congo, including the suspension of most bilateral assistance from the United States to the Republic of Congo. Encourages the U.S. Government to state publicly its strong support for a democratic government in the Republic of Congo and the peaceful transfer of power in that country.
Bill· HJRESH.J.Res. 93 (105th)referred
United States · United States Congress · 31 July 1997
Constitutional Amendment - Provides that if the legislatures of three-fourths of the several States, in a seven-year period, adopt and submit to the Clerk of the Supreme Court an identical amendment to the Constitution related to but one subject, that amendment shall be valid as a part of the Constitution, without any action being required by the Congress. Provides that: (1) each State shall retain the power to rescind its amendment until the earlier of expiration of the seven-year period or the date of receipt of the identical amendment from three-fourths of the several States; and (2) no State shall be deprived of its equal suffrage in the Senate without its consent. Requires the Supreme Court to rule whether the amendment is related to one subject only within 60 days after receiving the amendment from ten States. Provides that if the Court fails to rule on the issue within such period, the amendment shall be conclusively presumed to meet the-one subject standard. Invalidates the amendment if the Court rules that it fails to meet such standard.
Resolution· HCONRESH.Con.Res. 135 (105th)referred
United States · United States Congress · 30 July 1997
Congratulates the people of Liberia for holding multiparty presidential, legislative, and senatorial elections by proportional representation. Encourages the United States to provide technical and financial assistance when the country has shown improvements in creating stability for its people. Urges the international community to continue to assist Liberia to disarm and demobilize and help with the repatriation of refugees. Calls on: (1) all faction and opposition leaders to respect the outcome of the elections and make a vow to peace and stability of Liberia; and (2) the newly elected President to respect the rule of law and human rights.
Bill· SS. 1067 (105th)referred
United States · United States Congress · 24 July 1997
Code of Conduct on Arms Transfers Act of 1997 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.
Bill· HJRESH.J.Res. 88 (105th)referred
United States · United States Congress · 24 July 1997
Constitutional Amendment - Repeals the 22d amendment to the Constitution (limitation on presidential terms).
Resolution· HRESH.Res. 195 (105th)passed
United States · United States Congress · 23 July 1997
Expresses the sense of the House of Representatives that the forcible assault upon the democratically elected Government of Cambodia is illegal and constitutes a military coup. Calls for the Administration to immediately invoke provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 prohibiting the use of funds provided by such Act to finance assistance to any country whose duly elected head of government is deposed by military coup. Calls for the authorities in Cambodia to take immediate steps to halt all extralegal violence and to restore civil, political, and personal liberties. Calls for the United States to: (1) release the report by the Federal Bureau of Investigation concerning the March 30, 1997, grenade attack in Phnom Penh; (2) press Cambodian authorities to investigate all abuses and extralegal actions that have occurred in Cambodia since July 4, 1997, and bring those responsible to justice; (3) request an emergency meeting of the United Nations Security Council to consider all options to restore peace in Cambodia; (4) encourage the Secretary General of the United Nations to expand the monitoring operations of the United Nations Special Representative on Human Rights in Cambodia; (5) coordinate efforts with the Association of Southeast Asian Nations (ASEAN) to restore democracy, stability, and the rule of law in Cambodia; (6) continue to suspend direct U.S. assistance to Cambodia until violence ends, a democratically elected government is reconstituted, necessary steps have been taken to ensure that the election scheduled for 1998 takes place in a free and fair manner, the military is depoliticized, and the judiciary is made independent; and (7) call for an emergency meeting of the Donors' Consultative Group for Cambodia to encourage the suspension of assistance as part of a multilateral effort to encourage respect for democratic processes, constitutionalism, and the rule of law.
Bill· SS. 989 (105th)referred
United States · United States Congress · 7 July 1997
Safer Schools Act of 1997 - Amends the Gun-Free Schools Act of 1994 to require States, as a condition for receipt of Federal funds, to have in effect a law or regulation providing that evidence that a student brought a weapon to a school under the jurisdiction of the local educational agencies, that is obtained as a result of a search or seizure conducted on school premises, shall not be excluded in any school disciplinary proceeding on the ground that the search or seizure was in violation of the fourth amendment of the U.S. Constitution.
Resolution· SRESS.Res. 105 (105th)passed
United States · United States Congress · 27 June 1997
Expresses the sense of the Senate that the United States: (1) wishes good fortune to the people of Hong Kong as they embark on their historic transition of sovereignty; (2) urges the People's Republic of China to honor both the spirit and the letter of its commitments to accord Hong Kong substantial autonomy; (3) looks forward to continuing a close, productive relationship with the people of Hong Kong; and (4) hopes to develop a positive, productive relationship with China based upon shared respect for human dignity and responsible behavior in the international community of nations. Calls for the executive branch to exercise diligence in enforcing the terms and conditions of the Hong Kong Policy Act of 1992 and subsequent acts and provisions concerning the protection of civil liberties and the rule of law in Hong Kong.
Bill· HRH.R. 2095 (105th)referred
United States · United States Congress · 26 June 1997
China Human Rights and Democracy Act of 1997 - Authorizes appropriations for International Broadcasting Activities only for broadcasting to China. Earmarks funds for: (1) capital expenditures for the purchase and construction of transmission facilities; and (2) Radio Free Asia. (Sec. 2) Expresses the sense of the Congress that U.S. international broadcasting through Radio Free Asia and Voice of America should be increased to provide continuous 24-hour broadcasting in multiple languages and dialects, including Mandarin, Cantonese, Tibetan, and Uighur. (Sec. 3) Authorizes appropriations to the National Endowment for Democracy, and directs the Secretary of State to use funds available in the East Asia-Pacific Regional Democracy Fund, to promote democracy, civil society, and the development of the rule of law in China. (Sec. 4) Directs the Secretary to report annually to specified congressional committees on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Directs the Secretary to: (1) establish a Prisoner Information Registry for China; and (2) assign not less than six foreign service officers to the U.S. Embassy and consular offices in China to monitor and report on human rights matters in China. (Sec. 5) Requires specified reports to the Congress on Chinese intelligence activities against U.S. interests and on commercial enterprises affiliated with the Chinese military. (Sec. 6) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles. Declares that such nationals should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects; (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project; (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) strive to establish a private business enterprise when involved in an industrial cooperation project with China or other state entity; (5) discourage any military presence on the premises of projects which involve dual-use technologies; (6) promote freedom of association and assembly among the U.S. national's employees; (7) provide the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises; (9) promote freedom of expression of all kinds; and (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Requires the Secretary of Commerce to give preference to U.S. nationals that have adopted such principles when selecting participants for trade missions in China. (Sec. 7) Requires the promotion of cultural, educational, scientific, agricultural, military, legal, political, and artistic exchanges between the United States and China. Expresses the sense of the Congress that: (1) the Speaker of the House and the Majority Leader of the Senate should establish a legislative exchange program with China; and (2) a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. (Sec. 8) Prohibits the Secretary from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national that has been materially involved in: (1) the commission of human rights violations; or (2) the proliferation of conventional or nuclear weapons technology, or other sensitive or dual-use technologies, in contravention of U.S. interests. Provides for waiver of such requirements in the U.S. national interest. (Sec. 9) Expresses the sense of the Congress that the Congress, the President, and the Secretary should work with the governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe.
Bill· SS. 962 (105th)referred
United States · United States Congress · 25 June 1997
Gaming Clarification Act of 1997 - Amends the Indian Gaming Regulatory Act to state that article III of the Constitution of Missouri which authorizes the State legislature to permit games of chance only upon the Missouri River or the Mississippi River, conducted on excursion gambling boats and floating facilities: (1) is a prohibitory measure; and (2) may not be construed to permit land-based class III gaming. (Sec. 3) Applies current restrictions on lands acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe to any lands acquired by the Secretary in trust for the benefit of an Indian tribe when at the time of the taking of those lands into trust, those lands are located outside of the State in which the tribe is located. (Sec. 4) Prohibits lands taken into trust for an Indian tribe after enactment of this Act from being considered Indian lands upon which class II or class III gaming may be conducted, except when: (1) the Indian tribe submits an application to the Secretary containing an explicit declaration of the intent of the Indian tribe to conduct gaming on those lands; and (2) the Secretary approves the declaration contained in the petition.
Bill· HJRESH.J.Res. 85 (105th)referred
United States · United States Congress · 25 June 1997
Constitutional Amendment - States that the people shall have the right to propose amendments to the Constitution through an initiative process.
Bill· HJRESH.J.Res. 86 (105th)referred
United States · United States Congress · 25 June 1997
Constitutional Amendment - States that the people shall have the right to recall any person elected by popular vote or the electors of the various States to hold a Federal office.
Bill· HJRESH.J.Res. 87 (105th)referred
United States · United States Congress · 25 June 1997
Constitutional Amendment - States that the people shall have the right to enact and repeal any law which the Congress may pass, except for the right to declare war, grant letters of marque and reprisal, make rules concerning captures on land and water, or call forth the militia.
Bill· HJRESH.J.Res. 84 (105th)open
United States · United States Congress · 24 June 1997
Constitutional Amendment - Provides that: (1) two-thirds of the legislatures of the several States may propose an amendment to the Constitution by enacting identical legislation; and (2) the legislature first proposing the amendment shall submit it to the Congress. Deems such proposed amendment to be submitted to the several States for their consideration if, before the date of the second adjournment of the Congress sine die occurring after the amendment is submitted to the Congress two-thirds of each House: (1) vote against legislation expressly disapproving the amendment; or (2) have not voted for legislation expressly disapproving the amendment.
Bill· HJRESH.J.Res. 83 (105th)referred
United States · United States Congress · 17 June 1997
Constitutional Amendment - Declares that a provision of a treaty which denies or abridges: (1) any right enumerated in the Constitution shall have no force or effect; or (2) legislative authority of the several States shall have no force or effect unless ratified by three-fourths of the State legislatures within five years of such treaty's ratification by the Senate. Prohibits: (1) any treaty from authorizing or permitting any foreign power or any international organization to supervise, control, or adjudicate rights of U.S. citizens enumerated in the Constitution or other matters essentially within the domestic jurisdiction of the United States or the several States; and (2) any decision of any international body purporting to interpret treaties to which the United States is a party from being given any precedential effect by Federal or State courts in any proceeding concerning such matters. Requires the enactment of appropriate legislation by the Congress before a treaty becomes effective as internal law in the United States.
Bill· SS. 894 (105th)referred
United States · United States Congress · 12 June 1997
Hoopa Valley Reservation South Boundary Adjustment Act - Provides for: (1) conveyance of certain land in California to the Hoopa Valley Tribe for addition to the Hoopa Valley Reservation; (2) upon the inclusion of such lands in the Hoopa Valley Reservation, specified Forest Service system roads to be Indian Reservation roads; and (3) adjustment of the boundary of the Six Rivers National Forest to exclude such transferred land. Directs the Secretary of the Interior to survey and monument the portion of the boundary of the Reservation established by the addition of lands under this Act. States that the transfer of lands to trust status extinguishes the following claims by the Hoopa Valley Tribe: (1) all claims on land administered as of the date of enactment of this Act as part of the Six Rivers National Forest based on the allegation of error in establishing the boundaries of the Hoopa Valley Reservation, as those boundaries were configured before the date of enactment; and (2) all claims of failure to pay just compensation for a taking under the fifth amendment to the U.S. Constitution, if such claims are based on activities, occurring before enactment of this Act, related to the lands transferred to trust status under this Act.
Bill· HJRESH.J.Res. 82 (105th)open
United States · United States Congress · 12 June 1997
Constitutional Amendment - Vests power in the States to prohibit the physical destruction of the U.S. flag and in the Congress to prohibit destruction of federally owned flags.
Resolution· HCONRESH.Con.Res. 96 (105th)referred
United States · United States Congress · 12 June 1997
Apologizes to African-Americans whose ancestors suffered as slaves under the Constitution and laws of the United States until 1865.
Bill· HJRESH.J.Res. 80 (105th)open
United States · United States Congress · 10 June 1997
Constitutional Amendment - Vests power in the States to prohibit the physical destruction of the U.S. flag and in the Congress to prohibit destruction of federally owned flags.
Resolution· HRESH.Res. 163 (105th)passed
United States · United States Congress · 10 June 1997
Sets forth the rule (closed) for the consideration of H.J. Res. 54 (flag desecration prohibition).
Law· SS. 858 (105th)enacted
United States · United States Congress · 9 June 1997
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Intelligence Activities Intelligence Authorization Act for Fiscal Year 1998 - Title I: Intelligence Activities - Authorizes appropriations for FY 1998 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation; (8) Drug Enforcement Administration; (9) National Reconnaissance Office (NRO); and (10) National Imagery and Mapping Agency. (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1998, for such activities are those specified in the classified Schedule of Authorizations which shall be made available to the Senate and House Appropriations Committees and the President. (Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1998 when necessary to the performance of important intelligence functions. Requires notification to the Senate and House Intelligence Committees (intelligence committees). (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1998. Authorizes appropriations for such Account for classified purposes. Authorizes Account personnel levels. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1998. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Authorizes the head of any element of the intelligence community (IC) to detail employees to serve in any position in the Intelligence Community Assignment Program. (Sec. 304) Amends the National Security Act of 1947 to extend through January 6, 2001, the authority of the President to stay the imposition of an economic, cultural, diplomatic, or other sanction or other action when the President determines and reports to the Congress that to impose such sanction without delay would seriously risk the compromise of an intelligence source or method or an ongoing criminal investigation. (Sec. 305) Requires the administrative location of the Office of the DCI to be within the CIA. (Sec. 306) Directs the President to inform employees of the executive branch and employees of contractors carrying out activities under classified contracts that the disclosure to the appropriate congressional committees or Members of Congress of classified information concerning an alleged violation of law, false statement to the Congress, or gross mismanagement, waste, abuse of authority, or danger to public health or safety is not prohibited by law or contrary to public policy. Requires a report on actions taken. (Sec. 307) Expresses the sense of the Congress that it is in the national interest to provide information regarding the murder or kidnapping abroad of U.S. citizens to the victims or their families. Makes the Secretary of State responsible for promptly providing such information. (Sec. 308) Requires the DCI to: (1) carry out a survey of current standards for the spelling of foreign names and places among IC elements; and (2) report survey results to the intelligence committees. Requires the DCI to issue guidelines for the uniform spelling of such names and places and the uniform use of geographic coordinates for such places. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to authorize the CIA to enter into multiyear leases for up to 15 years, with exceptions concerning the availability of appropriations to cover rental payments under such leases. (Sec. 402) Empowers the CIA Inspector General (IG) with subpoena authority for the production of information, documents, and other data necessary for the performance of IG duties. Requires an annual report from the IG to the intelligence committees on the exercise of such authority. Title V: Department of Defense Intelligence Activities - Authorize the President of the Joint Military Intelligence College (currently, the Commandant of the Defense Intelligence School) to confer the degree of master of science in strategic intelligence (current law) and the degree of bachelor of science in intelligence upon graduates fulfilling such requirements. (Sec. 502) Amends the Intelligence Authorization Act for Fiscal Year 1996 to extend through FY 1999 the authority for the expenditure of funds for infrastructure and quality of life improvements to the Menwith Hall and Bad Aibling Army Stations. (Sec. 503) Prohibits, with injunctive power, the unauthorized use of the NRO's name, initials, or seal.
Bill· HRH.R. 1820 (105th)referred
United States · United States Congress · 5 June 1997
Requires, for any taxable year beginning before January 1, 1993, treating a timber industry arrangement under which up to 25 percent of a logger's compensation is treated as reimbursement for the use of the logger's chain saw as an accountable plan for purposes of Internal Revenue Code provisions relating to deductions from gross income. Makes payments under such an arrangement deductible from gross income. Waives, for one year after enactment of this Act, any law or rule of law (including res judicata) that would have prevented the application of this Act.
Bill· HRH.R. 1775 (105th)open
United States · United States Congress · 4 June 1997
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Intelligence Authorization Act for Fiscal Year 1998 - Title I: Intelligence Activities - Authorizes appropriations for FY 1998 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency; (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation; (8) Drug Enforcement Administration; (9) National Reconnaissance Office; and (10) National Imagery and Mapping Agency. Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1998, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1998 when the DCI determines that such action is necessary to the performance of important intelligence functions, subject to specified limitations. Requires notification of the Senate and House Intelligence Committees whenever such authority is exercised. Authorizes appropriations for the Community Management Account of the DCI for FY 1998. Authorizes full-time personnel for the Community Management Staff of the DCI as of September 30, 1998. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such Staff. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1998 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
Bill· HRH.R. 1614 (105th)referred
United States · United States Congress · 14 May 1997
Independent Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than July 1998 or 240 days after the appointment of its members (whichever occurs earlier), to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
Bill· HJRESH.J.Res. 78 (105th)passed
United States · United States Congress · 8 May 1997
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to the dictates of conscience, the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed; and (2) the Government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.
Bill· SS. 709 (105th)referred
United States · United States Congress · 7 May 1997
Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. (Sec. 5) Directs each Federal agency to complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. (Sec. 6) Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. (Sec. 7) Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the U.S. District Court in which the property at issue is located or in the U.S. Court of Federal Claims (currently), regardless of the amount in controversy; and (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. (Sec. 8) Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. (Sec. 9) Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
Bill· HJRESH.J.Res. 77 (105th)referred
United States · United States Congress · 7 May 1997
Constitutional Amendment - Limits the tenure of Federal judges of the Supreme Court or an inferior court to ten years after the latest of: (1) the date the judge took office; (2) the date the Senate last consented to the judge's continuance in office; or (3) the date of ratification of this amendment.
Bill· HRH.R. 1534 (105th)open
United States · United States Congress · 6 May 1997
Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims that is founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
Bill· HJRESH.J.Res. 74 (105th)referred
United States · United States Congress · 29 April 1997
Constitutional Amendment - Limits the term of a judge of a court ordained and established by the Congress to eight years. Counts any time (but not more than six years) served as a judge before the ratification of this amendment towards the first term of that judge.