datamatters24/research-document-archive huggingface dataset:
268 
† HR 2577 EAS 
‘‘(b) LIMITATION
ON OTHER ADVERSE ACTIONS.— 
With respect to a prohibited personnel action described in 
subsection (c), if the Secretary carries out an adverse action 
against a supervisory employee, the Secretary may carry 
out an additional adverse action under this section based 
on the same prohibited personnel action if the total severity 
of the adverse actions do not exceed the level specified in 
subsection (a). 
‘‘(c) PROHIBITED PERSONNEL ACTION DESCRIBED.— 
A prohibited personnel action described in this subsection 
is any of the following actions: 
‘‘(1) Taking or failing to take a personnel action 
in violation of section 2302 of title 5 against an em-
ployee relating to the employee— 
‘‘(A) filing a whistleblower complaint in ac-
cordance with section 732 of this title; 
‘‘(B) filing a whistleblower complaint with 
the Inspector General of the Department, the 
Special Counsel, or Congress; 
‘‘(C) providing information or partici-
pating as a witness in an investigation of a 
whistleblower complaint in accordance with sec-
tion 732 or with the Inspector General of the De-
partment, the Special Counsel, or Congress;
269 
† HR 2577 EAS 
‘‘(D) participating in an audit or inves-
tigation by the Comptroller General of the 
United States; 
‘‘(E) refusing to perform an action that is 
unlawful or prohibited by the Department; or 
‘‘(F) engaging in communications that are 
related to the duties of the position or are other-
wise protected. 
‘‘(2) Preventing or restricting an employee from 
making an action described in any of subparagraphs 
(A) through (F) of paragraph (1). 
‘‘(3) Conducting a negative peer review or open-
ing a retaliatory investigation because of an activity 
of an employee that is protected by section 2302 of 
title 5. 
‘‘(4) Requesting a contractor to carry out an ac-
tion that is prohibited by section 4705(b) or section 
4712(a)(1) of title 41, as the case may be. 
‘‘§ 734. Evaluation criteria of supervisors and treat-
ment of bonuses 
‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 
performance of supervisors of the Department, the Secretary 
shall include the criteria described in paragraph (2). 
‘‘(2) The criteria described in this subsection are the 
following:
(1) REPEAL
OF
WORKING
CAPITAL
LIMITA-
TION.—Section 1202(e)(6) of such Code (relating to
working capital) is amended—
(A) in subparagraph (B), by striking ‘‘2
years’’ and inserting ‘‘5 years’’; and
(B) by striking the last sentence.
(2) EXCEPTION
FROM
REDEMPTION
RULES
WHERE BUSINESS PURPOSE.—Section 1202(c)(3) of
such Code (relating to certain purchases by corpora-
tion of its own stock) is amended by adding at the
end the following:
‘‘(D) WAIVER
WHERE
BUSINESS
PUR-
POSE.—A purchase of stock by the issuing cor-
poration shall be disregarded for purposes of
subparagraph (B) if the issuing corporation es-
tablishes that there was a business purpose for
such purchase and one of the principal purposes
of the purchase was not to avoid the limitations
of this section.’’
(h) QUALIFIED
TRADE
OR
BUSINESS.—Section
1202(e)(3) of such Code (defining qualified trade or busi-
ness) is amended by inserting ‘‘and’’ at the end of sub-
paragraph (C), by striking ‘‘, and’’ at the end of subpara-
graph (D) and inserting a period, and by striking subpara-
graph (E).
I
105TH CONGRESS
1ST SESSION
H. R. 1032
To prohibit certain abortions.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. HOYER (for himself and Mr. GREENWOOD) introduced the following bill;
which was referred to the Committee on Commerce, and in addition to
the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To prohibit certain abortions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Late Term Abortion
Restriction Act’’.
SEC. 2. PROHIBITION ON CERTAIN ABORTIONS.
(a) IN GENERAL.—It shall be unlawful, in or affect-
ing interstate or foreign commerce, knowingly to perform
an abortion after the fetus has become viable.
(b) EXCEPTION.—This section does not prohibit any
abortion if, in the medical judgment of the attending phy-
sician, the abortion is necessary to preserve the life of the
woman or to avert serious adverse health consequences to
the woman.
(c) CIVIL PENALTY.—A physician who violates this
section shall be subject to a civil penalty not to exceed
$10,000. The civil penalty provided by this subsection is
the exclusive remedy for a violation of this section.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1035
To provide for modification of State agreements under title II of the Social
Security Act with respect to certain students.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. ENGLISH of Pennsylvania (for himself, Mr. SAM JOHNSON of Texas, and
Mr. PETERSON of Pennsylvania) introduced the following bill; which was
referred to the Committee on Ways and Means
A BILL
To provide for modification of State agreements under title
II of the Social Security Act with respect to certain students.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXEMPTION FOR STUDENTS EMPLOYED BY
STATE SCHOOLS, COLLEGES, OR UNIVER-
SITIES.
Notwithstanding section 218 of the Social Security
Act, any agreement with a State (or any modification
thereof) entered into pursuant to such section may, at the
option of such State, be modified at any time before Janu-
ary 1, 1998, so as to exclude service performed in the em-
ploy of a school, college, or university if such service is
performed by a student who is enrolled and is regularly
attending classes at such school, college, or university.
SEC. 2. EFFECTIVE DATE OF MODIFICATION.
Any modification of an agreement pursuant to section
1 shall be effective with respect to services performed after
the end of the calendar quarter following the calendar
quarter in which such agreement is modified.
SEC. 3. IRREVOCABILITY OF MODIFICATION.
If any modification of an agreement pursuant to sec-
tion 1 terminates coverage with respect to service per-
formed in the employ of a school, college, or university,
by a student who is enrolled and regularly attending class-
es at such school, college, or university, the Commissioner
of Social Security and the State may not thereafter modify
such agreement so as to again make the agreement appli-
cable to such service performed in the employ of such
school, college, or university.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1036
To require Congress and the President to fulfill their constitutional duty
to take personal responsibility for Federal laws.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. HAYWORTH (for himself, Mr. BACHUS, Mr. BAKER, Mr. CHABOT, Mr.
COBURN, Mr. CRAPO, Mr. CUNNINGHAM, Mr. DOOLITTLE, Mr. DUNCAN,
Mr. ENGLISH of Pennsylvania, Mr. GRAHAM, Mr. HANSEN, Mr. HERGER,
Mr. HOSTETTLER, Mr. KIM, Mr. KINGSTON, Mr. MCINTOSH, Mr.
MCKEON, Mrs. MYRICK, Mr. NEY, Mr. NORWOOD, Mr. PITTS, Mr.
RADANOVICH, Mr. ROYCE, Mr. SALMON, Mr. BOB SCHAFFER of Colo-
rado, Mr. STUMP, Mr. TALENT, Mr. TIAHRT, Mr. TRAFICANT, and Mr.
WELDON of Florida) introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Rules, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To require Congress and the President to fulfill their con-
stitutional duty to take personal responsibility for Fed-
eral laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Respon-
sibility Act of 1997’’.
HR 1036 IH
SEC. 2. PURPOSE.
The purpose of this Act is to promote compliance
with Article I of the United States Constitution, which
grants legislative powers solely to Congress. Article I en-
sures that Federal regulations will not take effect unless
passed by a majority of the members of the Senate and
House of Representatives and signed by the President, or
that the members of the Senate and House of Representa-
tives override the President’s veto. This Act ends the prac-
tice whereby Congress delegates its responsibility for mak-
ing laws to unelected, unaccountable officials of the execu-
tive branch and requires that regulations proposed by
agencies of the executive branch be affirmatively enacted
by Congress before they become effective. The Act will re-
sult in a more democratic and accountable Congress and
protect the public from regulations for which elected, ac-
countable officials are unwilling to take responsibility.
SEC. 3. ENACTMENT OF AGENCY REGULATIONS.
(a) CONGRESSIONAL APPROVAL.—A regulation shall
not take effect before the date of the enactment of a bill
described in section 4(a) comprised solely of the text of
the regulation.
(b) AGENCY REPORT.—Whenever an agency promul-
gates a regulation, the agency shall submit to each House
of Congress a report containing the text of the proposed
regulation and an explanation of the proposed regulation.
(d) ELECTION TO RECOGNIZE GAIN
ON ASSETS
HELD ON JANUARY 1, 1997.—For purposes of the Inter-
nal Revenue Code of 1986—
(1) IN
GENERAL.—A taxpayer may elect to
treat—
(A) any readily tradable stock (which is an
indexed asset) held by such taxpayer on Janu-
ary 1, 1997, and not sold before the next busi-
ness day after such date, as having been sold
on such next business day for an amount equal
to its closing market price on such next busi-
ness day (and as having been reacquired on
such next business day for an amount equal to
such closing market price), and
(B) any other indexed asset held by the
taxpayer on January 1, 1997, as having been
sold on such date for an amount equal to its
fair market value on such date (and as having
been reacquired on such date for an amount
equal to such fair market value).
(2) TREATMENT OF GAIN OR LOSS.—
(A) Any gain resulting from an election
under paragraph (1) shall be treated as received
or accrued on the date the asset is treated as
sold under paragraph (1) and shall be recog-
nized notwithstanding any provision of the In-
ternal Revenue Code of 1986.
(B) Any loss resulting from an election
under paragraph (1) shall not be allowed for
any taxable year.
(3) ELECTION.—An election under paragraph
(1) shall be made in such manner as the Secretary
may prescribe and shall specify the assets for which
such election is made. Such an election, once made
with respect to any asset, shall be irrevocable.
(4) READILY TRADABLE STOCK.—For purposes
of this subsection, the term ‘‘readily tradable stock’’
means any stock which, as of January 1, 1997, is
readily tradable on an established securities market
or otherwise.
(e) TREATMENT OF PRINCIPAL RESIDENCES.—Prop-
erty held and used by the taxpayer on January 1, 1997,
as his principal residence (within the meaning of section
1034 of the Internal Revenue Code of 1986) shall be treat-
ed—
(1) for purposes of subsection (c)(1) of this sec-
tion and section 1022 of such Code, as having a
holding period which begins on January 1, 1997,
and
(2) for purposes of section 1022(c)(2)(B)(ii) of
such Code, as having been acquired on January 1,
1997.
Subsection (d) shall not apply to property to which this
subsection applies.
SEC. 6. CAPITAL LOSS DEDUCTION ALLOWED WITH RE-
SPECT TO SALE OR EXCHANGE OF PRINCIPAL
RESIDENCE.
(a) IN GENERAL.—Subsection (c) of section 165 of
the Internal Revenue Code of 1986 (relating to limitation
on losses of individuals) is amended by striking ‘‘and’’ at
the end of paragraph (2), by striking the period at the
end of paragraph (3) and inserting ‘‘; and’’, and by adding
at the end the following new paragraph:
‘‘(4) losses arising from the sale or exchange of
the principal residence (within the meaning of sec-
tion 1034) of the taxpayer.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to sales and exchanges after De-
cember 31, 1996, in taxable years ending after such date.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1034
To approve the determination of the President that Colombia is a major
illicit drug producing country and/or a major drug-transit country and
has failed to fully cooperate with the United States in its anti-narcotic
efforts, and to provide for a waiver of the requirement to withhold
United States assistance for Colombia for fiscal year 1997 pursuant
to that determination.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. BARR of Georgia (for himself, Mr. GILMAN, Mr. HASTERT, and Mr. MICA)
introduced the following bill; which was referred to the Committee on
International Relations
A BILL
To approve the determination of the President that Colombia
is a major illicit drug producing country and/or a major
drug-transit country and has failed to fully cooperate
with the United States in its anti-narcotic efforts, and
to provide for a waiver of the requirement to withhold
United States assistance for Colombia for fiscal year
1997 pursuant to that determination.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. APPROVAL OF DETERMINATION OF PRESIDENT
REGARDING COLOMBIA.
The Congress hereby approves the determination of
the President with respect to Colombia for fiscal year
1997 under section 490(h) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291j(h)) that Colombia is a major
illicit drug producing country and/or a major drug-transit
country and has failed to fully cooperate with the United
States in its anti-narcotic efforts.
SEC. 2. WAIVER OF REQUIREMENT TO WITHHOLD ASSIST-
ANCE FOR COLOMBIA.
(a) WAIVER.—Notwithstanding subsections (e) and
(f) of section 490 of the Foreign Assistance Act of 1961,
the requirement to withhold United States assistance and
to vote against multilateral development bank assistance
contained in such subsection (e) shall not apply with re-
spect to Colombia until March 1, 1998, if at any time after
the date of the enactment of this Act, the President sub-
mits to Congress a determination and certification de-
scribed in subsection (b) of this section.
(b) DETERMINATION AND CERTIFICATION.—A deter-
mination and certification described in this subsection is
a determination and certification consistent with section
490(b)(1)(B) of the Foreign Assistance Act of 1961 that
the vital national interests of the United States require
that the assistance withheld pursuant to section 490(e)(1)
of such Act be provided for Colombia and that the United
States not vote against multilateral development bank as-
sistance for Colombia pursuant to section 490(e)(2) of
such Act.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1037
To amend the Internal Revenue Code of 1986 to repeal the limitation on
the amount of receipts attributable to military property which may be
treated as exempt foreign trade income.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. HERGER (for himself, Mr. JEFFERSON, Mr. CRANE, Ms. DUNN, Mr. SAM
JOHNSON of Texas, Mr. HULSHOF, Mr. HAYWORTH, Mr. ENGLISH of
Pennsylvania, Mr. CARDIN, Mr. PACKARD, Mr. DREIER, Mr. KING, and
Mr. MCCOLLUM) introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to repeal
the limitation on the amount of receipts attributable
to military property which may be treated as exempt
foreign trade income.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Defense Jobs and
Trade Promotion Act of 1997’’.
SEC. 2. REPEAL OF LIMITATION ON RECEIPTS ATTRIB-
UTABLE TO MILITARY PROPERTY WHICH MAY
BE TREATED AS EXEMPT FOREIGN TRADE IN-
COME.
(a) IN GENERAL.—Subsection (a) of section 923 of
the Internal Revenue Code of 1986 (defining exempt for-
eign trade income) is amended by striking paragraph (5)
and by redesignating paragraph (6) as paragraph (5).
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to taxable years beginning after
December 31, 1996.
Æ
Agreement approved by Congress under section
101(a)(1).
(2) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States.
(3) TEXTILE
OR
APPAREL
GOOD.—The term
‘‘textile or apparel good’’ means a good listed in the
Annex to the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(4)).
TITLE 
I—APPROVAL 
OF, 
AND
GENERAL 
PROVISIONS 
RE-
LATING TO, THE AGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE
AGREEMENT.
(a) APPROVAL OF AGREEMENT AND STATEMENT OF
ADMINISTRATIVE ACTION.—Pursuant to section 2105 of
the Bipartisan Trade Promotion Authority Act of 2002
(19 U.S.C. 3805) and section 151 of the Trade Act of
1974 (19 U.S.C. 2191), Congress approves—
(1) the United States-Australia Free Trade
Agreement entered into on May 18, 2004, with the
Government of Australia and submitted to Congress
on July 6, 2004; and
(2) the statement of administrative action pro-
posed to implement the Agreement that was sub-
mitted to Congress on July 6, 2004.
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE
AGREEMENT.—At such time as the President determines
that Australia has taken measures necessary to bring it
into compliance with those provisions of the Agreement
that are to take effect on the date on which the Agreement
enters into force, the President is authorized to exchange
notes with the Government of Australia providing for the
entry into force, on or after January 1, 2005, of the
Agreement with respect to the United States.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED
STATES AND STATE LAW.
(a) RELATIONSHIP
OF AGREEMENT
TO UNITED
STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CON-
FLICT.—No provision of the Agreement, nor the ap-
plication of any such provision to any person or cir-
cumstance, which is inconsistent with any law of the
United States shall have effect.
(2) CONSTRUCTION.—Nothing in this Act shall
be construed—
(A) to amend or modify any law of the
United States, or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) RELATIONSHIP
OF
AGREEMENT
TO
STATE
LAW.—
(1) LEGAL CHALLENGE.—No State law, or the
application thereof, may be declared invalid as to
any person or circumstance on the ground that the
provision or application is inconsistent with the
Agreement, except in an action brought by the
United States for the purpose of declaring such law
or application invalid.
(2) DEFINITION OF STATE LAW.—For purposes
of this subsection, the term ‘‘State law’’ includes—
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRI-
VATE REMEDIES.—No person other than the United
States—
(1) shall have any cause of action or defense
under the Agreement or by virtue of congressional
approval thereof; or
‘‘(B) The sequestration percentage nec-
essary to achieve the required reduction in de-
fense accounts under section 253(c).
‘‘(C) The reductions required under sec-
tions 253(d)(1) and 253(d)(2).
‘‘(D) The sequestration percentage nec-
essary to achieve the required reduction in non-
defense accounts under section 253(d)(3).’’; and
(4) in subsection (g)(3), by striking ‘‘DEFICIT’’
and inserting ‘‘TOTAL SPENDING’’ in the side head-
ing and in the first sentence by striking ‘‘deficit’’
and inserting ‘‘total spending’’.
(f) CONFORMING AMENDMENT TO TABLE OF CON-
TENTS.—The item relating to section 253 is amended by
striking ‘‘Enforcing deficit targets’’ and inserting ‘‘En-
forcing maximum spending limits’’.
SEC. 203. TOTAL SPENDING POINT OF ORDER.
Section 605(b) of the Congressional Budget Act of
1974 is amended to read as follows:
‘‘(b) TOTAL SPENDING POINT OF ORDER.—
‘‘(1) IN GENERAL.—It shall not be in order in
the House of Representatives or the Senate to con-
sider any bill, joint resolution, amendment thereto,
or conference report thereon, that includes any pro-
vision that would result in total spending for a fiscal
(G) the maintenance of order and safety at
athletic, entertainment, or other public activi-
ties;
(H) the provision of canine services for
protecting premises or for the detection of any
unlawful device or substance; and
(I) the transportation of money or other
valuables by armored vehicle; and
(6) the term ‘‘State’’ means any of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
Æ
‘‘(2) PRIORITY.—
‘‘(A) FIRE LANE CONSTRUCTION IN PILES
CONTAINING
5,000,000
OR
MORE
TIRES.—In
awarding grants under this subsection, the Ad-
ministrator shall give first priority to grants for
the construction of fire lanes in tire piles that
contain 5,000,000 or more tires and that meet
the following criteria:
‘‘(i) The tire pile is located within 10
miles of a community water system, as de-
fined by section 1401 of the Public Health
Service Act (42 U.S.C. 300f).
‘‘(ii) The tire pile is located near an
area or building, such as a senior retire-
ment community or school, populated by
persons who are more sensitive to environ-
mental contaminants.
‘‘(iii) The tire pile is on or adjacent to
a facility listed on the National Priorities
List under this Act.
‘‘(B) FIRE LANE CONSTRUCTION IN PILES
CONTAINING BETWEEN 1,000,000 AND 5,000,000
TIRES.—In awarding grants under this sub-
section, the Administrator shall give second pri-
ority to grants for the construction of fire lanes
I
105TH CONGRESS
1ST SESSION
H. R. 1042
To amend the Illinois and Michigan Canal Heritage Corridor Act of 1984
to extend the Illinois and Michigan Canal Heritage Corridor Commission.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. LIPINSKI introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the Illinois and Michigan Canal Heritage Corridor
Act of 1984 to extend the Illinois and Michigan Canal
Heritage Corridor Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF COMMISSION.
Section 111(a) of the Illinois and Michigan Canal Na-
tional Heritage Corridor Act of 1984 (98 Stat. 1456; 16
U.S.C. 461 note) is amended by striking ‘‘ten’’ and insert-
ing ‘‘20’’.
Æ
IB
Union Calendar No. 382
105TH CONGRESS
2D SESSION
H. R. 1042
[Report No. 105–676]
To amend the Illinois and Michigan Canal Heritage Corridor Act of 1984
to extend the Illinois and Michigan Canal Heritage Corridor Commission.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1997
Mr. LIPINSKI introduced the following bill; which was referred to the
Committee on Resources
AUGUST 5, 1998
Additional sponsors: Mr. WELLER, Mr. FAWELL, Mr. DAVIS of Illinois, Mr.
EVANS, Mr. GUTIERREZ, Mr. YATES, Mr. BLAGOJEVICH, Mr. PORTER,
Mr. COSTELLO, Mr. EWING, Mr. POSHARD, Mr. HASTERT, Ms. CHRIS-
TIAN-GREEN, Mr. FROST, Mr. RUSH, Mr. JACKSON of Illinois, Mr.
HYDE, Mr. MANZULLO, Mr. LAHOOD, and Mr. SHIMKUS
AUGUST 5, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend the Illinois and Michigan Canal Heritage Corridor
Act of 1984 to extend the Illinois and Michigan Canal
Heritage Corridor Commission.