datamatters24/research-document-archive huggingface dataset:
IB
Union Calendar No. 11
105TH CONGRESS
1ST SESSION
H. R. 914
[Report No. 105–14]
To make certain technical corrections in the Higher Education Act of 1965
relating to graduation data disclosures.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1997
Mr. MCKEON (for himself and Mr. KILDEE) introduced the following bill;
which was referred to the Committee on Education and the Workforce
MARCH 11, 1997
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To make certain technical corrections in the Higher Edu-
cation Act of 1965 relating to graduation data disclo-
sures.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TECHNICAL AMENDMENTS RELATING TO DIS-
CLOSURES REQUIRED WITH RESPECT TO
GRADUATION RATES.
(a) AMENDMENTS.—Section 485 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1092) is amended—
(1) in subsection (a)(3)(B), by striking ‘‘June
30’’ and inserting ‘‘August 31’’; and
(2) in subsection (e)(9), by striking ‘‘August
30’’ and inserting ‘‘August 31’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to disclosures
required to be made for academic years beginning on or
after July 1, 1998, except that compliance by any institu-
tion with such amendments before such date shall not be
treated as a failure to comply with subsections (a)(3)(B)
and (e)(9) of section 485 of such Act as in effect on the
day before the date of enactment of this Act.
Union Calendar No. 11
105TH CONGRESS
1ST SESSION
H. R. 914
[Report No. 105–14]
A BILL
To make certain technical corrections in the Higher
Education Act of 1965 relating to graduation
data disclosures.
MARCH 11, 1997
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
value during that year of the subsidy portion of the con-
tract with such person for the delivery of the irrigation
water.
‘‘(b) DETERMINATION
OF SUBSIDY PORTION
OF
WATER CONTRACT.—The subsidy portion of an irrigation
water delivery contract is equal to the amount by which
full cost for the delivery of the irrigation water exceeds
the actual contract price for the delivery of the water.
‘‘(c) DEFINITIONS.—For purposes of this section, the
terms ‘contract’, ‘full cost’, ‘irrigation water’, and ‘project’
have the meanings given such terms in section 202 of the
Reclamation Reform Act of 1982 (43 U.S.C. 390bb).’’.
(b) NONINSURED CROP DISASTER ASSISTANCE.—
Section 196(i) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333(i)) is amended—
(1) by redesignating paragraph (5) as para-
graph (6); and
(2) by inserting after paragraph (4) the follow-
ing new paragraph:
‘‘(5) EFFECT
OF
RECEIPT
OF
IRRIGATION
WATER.—
‘‘(A) REDUCTION
OF
PAYMENT
LIMITA-
TION.—If a person who receives payments
under this section also receives, during the
Court of Appeals for the circuit in which the
violation, with respect to which the order was
issued, allegedly occurred or the circuit in which
the complainant resided on the date of such vio-
lation. The petition for review must be filed
within 60 days from the issuance of the order
of the Secretary of Labor. Review shall conform
to chapter 7 of title 5, United States Code. The
commencement of proceedings under this sub-
paragraph shall not, unless ordered by the
court, operate as a stay of the order.
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order of the Secretary of Labor
with respect to which review could have been
obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or
other civil proceeding.
‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY
OF LABOR.—Whenever a person has failed to comply
with an order issued under paragraph (3), the Sec-
retary of Labor may file a civil action in the United
States district court for the district in which the vio-
lation was found to occur to enforce such order. In
actions brought under this paragraph, the district
courts shall have jurisdiction to grant all appropriate
relief including, but not limited to, injunctive relief
and compensatory damages.
‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.—
‘‘(A) COMMENCEMENT OF ACTION.—A per-
son on whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was is-
sued to require compliance with such order. The
appropriate United States district court shall
have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties,
to enforce such order.
‘‘(B) ATTORNEY FEES.—The court, in is-
suing any final order under this paragraph,
may award costs of litigation (including reason-
able attorney and expert witness fees) to any
party whenever the court determines such
award is appropriate.
‘‘(c) MANDAMUS.—Any nondiscretionary duty im-
posed by this section shall be enforceable in a mandamus
proceeding brought under section 1361 of title 28, United
States Code.
‘‘(d) NONAPPLICABILITY
TO DELIBERATE VIOLA-
TIONS.—Subsection (a) of this section shall not apply with
respect to an employee of an air carrier who, acting with-
out direction from such air carrier (or such air carrier’s
agent), deliberately causes a violation of any requirement
relating to air carrier safety under this subtitle or any
other law of the United States.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by add-
ing at the end the following:
‘‘SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
‘‘42121. Protection of employees providing air safety information.’’.
SEC. 3. CIVIL PENALTY.
Section 46301(a)(1)(A) of title 49, United States
Code, is amended by striking ‘‘subchapter II of chapter
421’’ and inserting ‘‘subchapter II or III of chapter 421’’.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 916
To amend title XVIII of the Social Security Act to remove the requirement
of an X-ray as a condition of coverage of chiropractic services under
the Medicare program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1997
Mr. CRANE introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdication of the
committee concerned
A BILL
To amend title XVIII of the Social Security Act to remove
the requirement of an X-ray as a condition of coverage
of chiropractic services under the Medicare program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REMOVAL OF REQUIREMENT FOR X-RAY AS A
CONDITION OF COVERAGE OF CHIROPRAC-
TIC SERVICES UNDER THE MEDICARE PRO-
GRAM.
(a) IN GENERAL.—Section 1861(r)(5) of the Social
Security Act (42 U.S.C. 1395x(r)(5)) is amended by strik-
ing ‘‘demonstrated by X-ray to exist’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to services furnished on or after
January 1, 1998.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 917
To amend the Fair Labor Standards Act of 1938 to provide that the overtime
exemption available to employees engaged in the transportation and prep-
aration of fruit and vegetables is available to employees engaged in
the transportation and preparation of sugar beets.
IN THE HOUSE OF REPRESENTATIVES
MARCH 4, 1997
Mr. CRAPO introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to provide
that the overtime exemption available to employees en-
gaged in the transportation and preparation of fruit and
vegetables is available to employees engaged in the trans-
portation and preparation of sugar beets.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. OVERTIME EXEMPTION FOR SUGAR BEET EM-
PLOYEES.
Section 13(b)(16)(A) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(b)(16)(A)) is amended—
(1) by inserting ‘‘(including sugar beets)’’ after
‘‘vegetables’’, and
(2) by inserting after ‘‘from the farm’’ the fol-
lowing: ‘‘or where temporarily stockpiled in conjunc-
tion with the harvest’’.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 91
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
reduce funding if States do not enact legislation that requires the death
penalty in certain cases.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. SOLOMON introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Omnibus Crime Control and Safe Streets
Act of 1968 to reduce funding if States do not enact
legislation that requires the death penalty in certain
cases.
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 ‘‘Correctional Officer
Protection Act’’.
SEC. 2. GRANT REDUCTION FOR NONCOMPLIANCE.
Section 506 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding at
the end the following:
‘‘(g)(1) In order not to reduce the funds available
under this subpart by 25 percent (for redistribution to
other participating States), a State shall, on the first day
of each fiscal year succeeding the first fiscal year begin-
ning 2 years after the date of the enactment of this Act,
have in effect throughout the State a law which requires
whoever, being incarcerated pursuant to a conviction for
crime, kills an individual who is a State or local correc-
tional officer—
‘‘(A) while such individual is engaged in carry-
ing out official duties as such officer;
‘‘(B) because of the nature of the official duties
of such officer; or
‘‘(C) because of such individual’s being such an
officer;
shall be subject to the penalty of death, if the killing is
a first degree murder, and subject to the penalties pro-
vided in sections 1111 and 1112 of title 18, United States
Code, in any other case.
‘‘(2) As used in this subsection—
‘‘(A) the term ‘State or local correctional offi-
cer’ means any person who is a State or local officer
or employee, as such term is defined in section 1501
of title 5, United States Code, and who in the course
of official duty performs corrections-related or law
enforcement functions; and
‘‘(B) the term ‘State or local government’ in-
cludes the District of Columbia, Puerto Rico, and
any other territory and possession of the United
States.’’.
Æ
II
105TH CONGRESS
1ST SESSION
H. R. 924
IN THE SENATE OF THE UNITED STATES
MARCH 18, 1997
Received
AN ACT
To amend title 18, United States Code, to give further
assurance to the right of victims of crime to attend
and observe the trials of those accused of the crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
been determined to be an appropriate function;
and
‘‘(F) encouraging the Food and Drug Ad-
ministration Centers to conduct and support
such studies, including such clinical trials.
‘‘(d) REPORTS.—Not later than January 31, 1998,
and January 31 of each second year thereafter, the Direc-
tor shall prepare and submit to the Director of the Office
on Women’s Health established under section 229 of the
Public Health Service Act, a report describing the activi-
ties carried out under this section during the preceding
2 fiscal years.’’.
Æ
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Victim Rights Clari-
fication Act of 1997’’.
SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE
TRIAL.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3510. Rights of victims to attend and observe trial
‘‘(a) NON-CAPITAL CASES.—Notwithstanding any
statute, rule, or other provision of law, a United States
district court shall not order any victim of an offense ex-
cluded from the trial of a defendant accused of that of-
fense because such victim may, during the sentencing
hearing, make a statement or present any information in
relation to the sentence.
‘‘(b) CAPITAL CASES.—Notwithstanding any statute,
rule, or other provision of law, a United States district
court shall not order any victim of an offense excluded
from the trial of a defendant accused of that offense be-
cause such victim may, during the sentencing hearing, tes-
tify as to the effect of the offense on the victim and the
victim’s family or as to any other factor for which notice
is required under section 3593(a).
‘‘(c) DEFINITION.—As used in this section, the term
‘victim’ includes all persons defined as victims in section
I
105TH CONGRESS
1ST SESSION
H. R. 922
To prohibit the expenditure of Federal funds to conduct or support research
on the cloning of humans.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1997
Mr. EHLERS introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committee on Science, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To prohibit the expenditure of Federal funds to conduct
or support research on the cloning of humans.
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 ‘‘Human Cloning Re-
search Prohibition Act’’.
SEC. 2. PROHIBITION AGAINST EXPENDITURE OF FEDERAL
FUNDS FOR RESEARCH ON CLONING HU-
MANS.
None of the funds made available in any Federal law
may be expended to conduct or support any project of re-
search that involves the use of a human somatic cell for
the process of producing a human clone.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 923
To prohibit the cloning of humans.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1997
Mr. EHLERS introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To prohibit the cloning of humans.
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 ‘‘Human Cloning Prohi-
bition Act’’.
SEC. 2. PROHIBITION AGAINST CLONING OF HUMANS.
(a) IN GENERAL.—It shall be unlawful for any per-
son to use a human somatic cell for the process of produc-
ing a human clone.
(b) CIVIL MONEY PENALTY.—Any person who vio-
lates subsection (a) is liable to the United States for a
civil money penalty in an amount not exceeding $5,000.
Æ
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Victim Rights Clari-
fication Act of 1997’’.
SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE
TRIAL.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3510. Rights of victims to attend and observe trial
‘‘(a) NON-CAPITAL CASES.—Notwithstanding any
statute, rule, or other provision of law, a United States
district court shall not order any victim of an offense ex-
cluded from the trial of a defendant accused of that of-
fense because such victim may, during the sentencing
hearing, make a statement or present any information in
relation to the sentence.
‘‘(b) CAPITAL CASES.—Notwithstanding any statute,
rule, or other provision of law, a United States district
court shall not order any victim of an offense excluded
from the trial of a defendant accused of that offense be-
cause such victim may, during the sentencing hearing, tes-
tify as to the effect of the offense on the victim and the
victim’s family or as to any other factor for which notice
is required under section 3593(a).
‘‘(c) DEFINITION.—As used in this section, the term
‘victim’ includes all persons defined as victims in section
503(e)(2) of the Victims’ Rights and Restitution Act of
1990.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘3510. Rights of victims to attend and observe trial.’’.
(c) CLARIFICATION OF GROUNDS FOR EXCLUSION.—
Section 3593(c) of title 18, United States Code, is amend-
ed by inserting ‘‘For the purposes of the preceding sen-
tence, the fact that a victim, as defined in section 3510,
attended or observed the trial shall not be construed to
pose a danger of creating unfair prejudice, confusing the
issues, or misleading the jury.’’ after ‘‘misleading the
jury.’’.
(d) EFFECT ON PENDING CASES.—The amendments
made by this section shall apply in cases pending on the
date of the enactment of this Act.
Passed the House of Representatives March 18,
1997.
Attest:
Clerk.
H. R. 924
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To amend title 18, United States Code, to give further assurance to the right
of victims of crime to attend and observe the trials of those accused of the crime.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Victim Rights Clarification Act
of 1997’’.
SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE TRIAL.
(a) IN GENERAL.—Chapter 223 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 3510. Rights of victims to attend and observe trial.
‘‘(a) NON-CAPITAL CASES.—Notwithstanding any statute, rule,
or other provision of law, a United States district court shall not
order any victim of an offense excluded from the trial of a defendant
accused of that offense because such victim may, during the sentenc-
ing hearing, make a statement or present any information in rela-
tion to the sentence.
‘‘(b) CAPITAL CASES.—Notwithstanding any statute, rule, or
other provision of law, a United States district court shall not
order any victim of an offense excluded from the trial of a defendant
accused of that offense because such victim may, during the sentenc-
ing hearing, testify as to the effect of the offense on the victim
and the victim’s family or as to any other factor for which notice
is required under section 3593(a).
‘‘(c) DEFINITION.—As used in this section, the term ‘victim’
includes all persons defined as victims in section 503(e)(2) of the
Victims’ Rights and Restitution Act of 1990.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 223 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘3510. Rights of victims to attend and observe trial.’’.
(c) CLARIFICATION
OF
GROUNDS
FOR
EXCLUSION.—Section
3593(c) of title 18, United States Code, is amended by inserting
‘‘For the purposes of the preceding sentence, the fact that a victim,
as defined in section 3510, attended or observed the trial shall
not be construed to pose a danger of creating unfair prejudice,
confusing the issues, or misleading the jury.’’ after ‘‘misleading
the jury.’’.
H. R. 924—2
(d) EFFECT ON PENDING CASES.—The amendments made by
this section shall apply in cases pending on the date of the enact-
ment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
105TH CONGRESS
1ST SESSION
H. R. 924
To amend title 18, United States Code, to give further assurance to the
right of victims of crime to attend and observe the trials of those
accused of the crime.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1997
Mr. MCCOLLUM (for himself, Mr. SCHUMER, and Mr. LUCAS of Oklahoma)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To amend title 18, United States Code, to give further
assurance to the right of victims of crime to attend
and observe the trials of those accused of the crime.
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 ‘‘Victim Allocution Clar-
ification Act of 1997’’.
SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE
TRIAL.
(a) IN GENERAL.—Chapter 223 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3510. Rights of victims to attend and observe trial
‘‘A United States district court shall not order any
victim of an offense excluded from the trial of a defendant
accused of that offense because such victim may or will—
‘‘(1) exercise the right to make a statement or
present any information in relation to the sentence
at the imposition of sentence; or
‘‘(2) testify as to the effect of the offense on
the victim and the victim’s family.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘3510. Rights of victims to attend and observe trial.’’.
(c) EFFECT ON PENDING CASES.—The amendments
made by this section shall apply in cases pending on the
date of the enactment of this Act.
Æ
the end of the four-year term to which such marshal was
appointed or until a successor is appointed.
Passed the House of Representatives March 18,
1997.
Attest:
Clerk.
503(e)(2) of the Victims’ Rights and Restitution Act of
1990.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘3510. Rights of victims to attend and observe trial.’’.
(c) CLARIFICATION OF GROUNDS FOR EXCLUSION.—
Section 3593(c) of title 18, United States Code, is amend-
ed by inserting ‘‘For the purposes of the preceding sen-
tence, the fact that a victim, as defined in section 3510,
attended or observed the trial shall not be construed to
pose a danger of creating unfair prejudice, confusing the
issues, or misleading the jury.’’ after ‘‘misleading the
jury.’’.
(d) EFFECT ON PENDING CASES.—The amendments
made by this section shall apply in cases pending on the
date of the enactment of this Act.
Passed the House of Representatives March 18,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
By JULIE PERRIER,
Assistant to the Clerk.