A bill to amend title 1, United States Code, to clarify the effect and application of legislation.

Declares that any Act of Congress enacted after the effective date of this Act shall be prospective in application only, and shall not create a private claim or cause of action, unless a provision of such Act expressly specifies otherwise.

Directs a court, in applying such provision, to determine the relevant retroactivity event in an Act of Congress (if such event is not specified in that Act) for purposes of determining if the Act: (1) is prospective in application only; and (2) affects conduct that occurred before the Act's effective date.

[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 31 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 31

    To amend title 1, United States Code, to clarify the effect and 
                      application of legislation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

 Mr. Thurmond introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 1, United States Code, to clarify the effect and 
                      application of legislation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RULE OF CONSTRUCTION RELATING TO RETROACTIVE APPLICATION OF 
              STATUTES AND THE CREATION OF PRIVATE CLAIMS AND CAUSES OF 
              ACTION.

    (a) In General.--Chapter 1 of title 1, United States Code, is 
amended by adding at the end the following:
``Sec. 8. Rules for determining the retroactive effect of legislation 
              and the creation of private claims and causes of action
    ``(a) Unless a provision included in the Act expressly specifies 
otherwise, any Act of Congress enacted after the effective date of this 
section shall--
            ``(1) be prospective in application only; and
            ``(2) not create a private claim or cause of action.
    ``(b) In applying subsection (a)(1), a court shall determine the 
relevant retroactivity event in an Act of Congress (if such event is 
not specified in such Act) for purposes of determining if the Act--
            ``(1) is prospective in application only; or
            ``(2) affects conduct that occurred before the effective 
        date of the Act.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 1 of title 1, United States Code, is amended by adding after 
the item relating to section 7 the following:

``8. Rules for determining the retroactive effect of legislation and 
                            the creation of private claims and causes 
                            of action.''.
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