United States · United States Congress · 22 October 1997
Osteoporosis and Related Bone Diseases Research Act of 1997 - Amends the Public Health Service Act to require specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Directs the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases, after consultation with the advisory council for the Institute, to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of not less than three centers to conduct research on osteoporosis and related bone diseases. Sets a limitation on the duration of support for the centers. Authorizes appropriations.
United States · United States Congress · 8 October 1997
Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public and other official entities, including Latin American or Caribbean countries. Instructs the President to report to the Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel (the Panel) shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Directs the Information Security Policy Advisory Council to report to the Congress on declassification of human rights records relating to other Latin American and Caribbean countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act.
United States · United States Congress · 7 October 1997
Calls upon the U.S. Postal Service to maintain its current Postal Uniform Allowance Program and make necessary improvements, rather than implement a centralized, single-vendor program.
United States · United States Congress · 6 October 1997
Prohibits the Administrator of the Environmental Protection Agency from controlling the consumption, production, importation, or export of methyl bromide for pesticide use, except: (1) as required by the Montreal Protocol of all parties; or (2) upon a Department of Agriculture certification of appropriate alternatives or substitutes.
United States · United States Congress · 6 October 1997
Emergency Medical Services Enhancement Act of 1997 - Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by qualified volunteer emergency services organizations.
United States · United States Congress · 6 October 1997
Condemns the Abacha dictatorship in Nigeria for acts of political intimidation and personal harassment against U.S. Ambassador Walter Carrington. Calls for: (1) the Department of State to take measures to ensure the physical safety of the U.S. Ambassador and Embassy staff in Nigeria; and (2) stronger U.S. sanctions against the Nigerian dictatorship of Sani Abacha.
United States · United States Congress · 2 October 1997
Religious Liberty and Charitable Donation Protection Act of 1997 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditors and successor to certain creditor and purchasers. Excludes from "disposable income," for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions. Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity.
United States · United States Congress · 1 October 1997
Cash Consumer Protection Act - Amends the Consumer Credit Protection Act to prohibit any person, in the course of a sale or lease business transaction, from: (1) refusing to make the transaction because the lessee or purchaser does not possess a credit card; or (2) demanding an unreasonable deposit in cash. Provides for injunctions and orders to reimburse for money or property acquired in violation of this Act.
United States · United States Congress · 1 October 1997
United States Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products. Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country. Subjects priority foreign countries to investigation by means other than a petition. Authorizes the USTR, with respect to an investigation of a country identified as denying fair and equitable market access to U.S. agricultural products, to request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States.
United States · United States Congress · 1 October 1997
TABLE OF CONTENTS: Title I: Termination of Provisions of Public Law 104-193 Restricting Welfare and Public Benefits for Legal Immigrants Title II: Reduction in Arms Transfer Subsidies Equity for Immigrants Act - Title I: Termination of Provisions of Public Law 104-193 Restricting Welfare and Public Benefits for Legal Immigrants - Declares that, on October 1, 1998, the provisions of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193, as amended by the Balanced Budget Act of 1997 (Public Law 105-33)), which restrict welfare and public benefits for legal immigrants, shall cease to be effective, the amendments made by that title shall be repealed, and any provision of law repealed by that title shall be reenacted. Title II: Reduction in Arms Transfer Subsidies - Amends the Arms Export Control Act to repeal provisions with respect to: (1) leases of defense articles and loan authority for cooperative research and development purposes; and (2) the President's authority to waive specified charges for sales that would significantly advance North Atlantic Treaty Organization (NATO) standardization, standardization with armed forces of specified other countries, or foreign procurement in the United States under coproduction arrangements. (Sec. 202) Amends the Foreign Assistance Act of 1961 to repeal the President's authority to transfer excess defense articles to certain other countries. (Sec. 203) Amends the Arms Export Control Act to state that any sale involving the export of major defense equipment pursuant to a license or other approval, except in certain circumstances, shall include an appropriate charge, comparable to a specified charge imposed for government-to-government sales, for a proportionate amount of the nonrecurring costs incurred by the United States in the research, development, and production of such equipment. (Sec. 204) Declares that no military financing program funds under the Arms Export Control Act may be made available for: (1) grants or loans to Greece, Turkey, Ethiopia, Eritrea, Uganda, Caribbean countries, or any country eligible to participate in the Partnership for Peace Initiative in FY 1997; or (2) the Enhanced International Peacekeeping Initiative. (Sec. 205) Declares that no Economic Support Fund moneys under the Foreign Assistance Act of 1961 may be made available for Turkey, Haiti, or Cambodia to offset costs of purchasing defense articles or defense services from the United States. (Sec. 206) Declares that no Federal funds may be used to offset the cost of a demonstration or exhibition of defense articles or defense services at a trade show or other international arms bazaar or promotional event in a foreign country.
United States · United States Congress · 26 September 1997
TABLE OF CONTENTS: Title I: Alternative Fuels--General Title II: Alternatives Fuels--Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Private Vehicles Energy Policy Act Amendments of 1997 - Title I: Alternative Fuels--General - Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel. (Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles. (Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles. Title II: Alternative Fuels -- Non-Federal Programs - Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles. (Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program. (Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits. (Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
United States · United States Congress · 25 September 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Issues Title II: Improved Bankruptcy Administration Responsible Borrower Protection Bankruptcy Act - Title I: Consumer Bankruptcy Issues - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy (under chapter 7 (Liquidation)) if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Modifies notice requirements to apprise a consumer debtor of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 104) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 105) Instructs the bankruptcy court to confirm the bankruptcy plan of an individual if it provides that the holder of a secured allowed claim retains the lien securing such claim until discharge of all debts. (Sec. 106) Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 107) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 108) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim determined under applicable non-bankruptcy law has been paid in full as of the date of conversion. (Sec. 109) Terminates the automatic stay 30 days after filing of a petition if a petition was pending and dismissed under chapter 7 the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 110) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 111) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 112) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 113) Establishes the Bankruptcy Exemption Study Commission to study and report to the Congress on issues and problems in the bankruptcy system, including whether exemptions should be uniform nationally, and the appropriate size of exemptions in individual cases. Authorizes appropriations. (Sec. 114) Mandates that a chapter 13 debtor file a bankruptcy plan within a specified deadline. (Sec. 115) Changes from discretionary to mandatory the court's authority to dismiss an individual debtor case if relief would be a substantial abuse of chapter 7. Requires the court to find that substantial abuse exists if: (1) the debtor is ineligible for chapter 7 relief under the needs-based test; or (2) the totality of the circumstances of the debtor's financial situation demonstrate substantial abuse. (Sec. 116) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 117) Mandates a maximum five-year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. (Sec. 118) Revises prescriptions governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought Chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 120) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile, or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a Chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. (Sec. 121) Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Title II: Improved Bankruptcy Administration - Modifies the organization of bankruptcy courts to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 202) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 203) Directs the Administrative Office to establish and maintain a nationwide debtors' docket accessible to searches by any users. (Sec. 204) Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 207) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Terminates such stay if the debtor fails to complete an intended surrender of consumer debt collateral. (Sec. 210) Expands debtor's duties to require filing with the bankruptcy court: (1) Federal tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from the commencement of the case until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 211) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 212) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 213) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection.
United States · United States Congress · 18 September 1997
Continued Dumping or Subsidy Offset Act of 1997 - Amends the Tariff Act of 1930 to declare that, whenever continued dumping or subsidization is found to exist by the administering authority or by operation of law, any duties assessed shall be distributed as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures on an annual basis. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, and environmental equipment, training and-or technology. Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
United States · United States Congress · 17 September 1997
Amends the Internal Revenue Code to extend the termination dates of the alcohol fuels credit and of provisions setting tax rates for qualified methanol and ethanol fuel, fuels containing alcohol, certain taxable fuels mixed with alcohol, mixtures of aviation fuel and alcohol, and fuels used to produce certain alcohol fuels.
United States · United States Congress · 11 September 1997
TABLE OF CONTENTS: Title I: Safety Rulemaking and Enforcement Title II: Grade Crossing Safety Title III: Hours of Service Title IV: Passenger Service Safety Standards Title V: Employee Authority, Certification, and Equipment Railroad Safety Reform Act of 1996 - Title I: Safety Rulemaking and Enforcement - Amends Federal transportation law with respect to railroad safety to direct the Secretary of Transportation to convene an annual conference to determine the most important actions needed to improve railroad safety, and report the results to the Congress. (Sec. 103) Directs the Administrator of the Federal Railroad Administration (FRA) to report monthly to specified congressional committees on the status of FRA's safety-related rulemakings and reports. (Sec. 104) Declares that certain railroad power brake safety rules proposed on September 16, 1994, shall take effect as final rules one year after enactment of this Act if before that time the Secretary has not issued all final regulations required by specified law. (Sec. 105) Declares that contingent safety standards contained in certain proposed rules shall take effect if the Secretary has not issued final revised track safety regulations before a specified time. Prescribes additional standards for track inspections and track owner compliance with the Secretary's safety regulations. (Sec. 107) Requires fees imposed on railroad carriers to cover the costs of providing an additional 400 railroad safety inspectors. (Sec. 109) Prohibits a railroad carrier, or an employee of a railroad carrier, from preventing another employee from furnishing, or discharging or disciplining an employee who has furnished, railroad accident and injury information. Sets forth both civil and criminal penalties. Title II: Grade Crossing Safety - Revises grade crossing safety provisions to require each railroad carrier to: (1) establish a toll-free telephone service to receive calls reporting malfunctions of safety equipment, or disabled vehicles blocking railroad tracks, at grade crossings; (2) notify trains operating near a grade crossing of the malfunction or disabled vehicle and contact appropriate public safety officials; and (3) ensure placement of signs at each grade crossing displaying the toll-free telephone information. (Sec. 202) Directs the Secretary to review current local, State, and Federal laws regarding violations of grade crossing signals. Directs the Secretary to develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of grade crossing signals. Title III: Hours of Service - Revises hours of duty limitations for train employees to increase off-duty time requirements. (Sec. 302) Sets forth requirements with respect to: (1) split shifts; (2) employee sleeping quarters; and (3) rotating shifts (including a Secretary of Transportation study of alternative methods of preventing fatigue due to such shifts). (Sec. 306) Includes in the definition of dispatching service employee (thus extending hours of service regulatory coverage to) supervisory train dispatchers, power directors, and other train employees who perform dispatching functions, as well as employees who dispatch trains through control of third rail or pantographic electrical power. (Sec. 307) Directs the Secretary to prescribe regulations requiring railroad carriers to develop, in consultation with employees and employee organization representatives, fatigue management plans designed to reduce the fatigue experienced by railroad employees and the likelihood of accidents and injuries caused by fatigue. Requires the Secretary to prescribe such a plan for any railroad carrier which does not submit one, or submits one the Secretary does not approve. Authorizes the Secretary, upon a railroad carrier's request, to waive any Federal hour of service requirements that would prevent a fatigue management plan from achieving the objective of reducing fatigue and enhancing safety. (Sec. 308) Directs the Railroad Safety Advisory Committee to convene a working group to consider what legislative changes might be appropriate with respect to hours of service. Title IV: Passenger Service Safety Standards - Requires all passenger railroad cars to have emergency windows and doors after January 1, 2000. (Sec. 402) Sets forth requirements for: (1) passenger railroad signals; (2) internal and compartmentalized fuel tanks on passenger locomotives; and (3) specified corner posts on passenger cars to improve crashworthiness. (Sec. 405) Directs the Secretary to: (1) develop a model for assessing accident or injury risks on railroad corridors, and compile related information; (2) identify high-priority railroad corridors which shall be required to have positive train control systems; and (3) issue regulations for the use of such systems. Title V: Employee Authority, Certification, and Equipment - Prohibits a railroad carrier from discharging or discriminating against an employee responsible for the inspection or repair of safety-related equipment, track, or structures for refusing to authorize their use because such employee believes they are in hazardous condition and would endanger human life. (Sec. 501) Revises dispute resolution requirements. Requires certification of other safety-related railroad personnel in addition to locomotive engineers. (Sec. 503) Requires each locomotive or cab-forward passenger car from which a train is operated, and each roadway work group or lone roadway worker when working along a railroad's right-of-way, to be equipped with a radio that permits two-way communication with the railroad's dispatcher (or other supervisory official able to communicate with the railroad's locomotive operators and roadway workers).
United States · United States Congress · 8 September 1997
Directs the President, by January 1, 1998, to take the necessary steps to negotiate with Canada the annual quantity limitations of tailored wool apparel eligible for certain preferential tariff treatment under the North American Free Trade Agreement (NAFTA), but which is assembled in Canada from fabric or yarn produced or obtained in a non-NAFTA country. Requires such negotiations to reflect current conditions in the Canadian or American wool textile and apparel industry (including the ability of tailored wool apparel producers to obtain wool fabric supplies within Canadian and United States territories).
United States · United States Congress · 4 September 1997
Substance Abuse Treatment Parity Act of 1997 - Amends the Public Health Service Act, Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require parity and nondiscriminatory application of treatment limitations and financial requirements to substance abuse treatment benefits under private group and individual health plans which offer such treatment benefits in addition to medical and surgical benefits. Exempts from this Act small employers with 50 or fewer employees.
United States · United States Congress · 4 September 1997
TABLE OF CONTENTS: Title I: Federal-Aid Highways Title II: Highway Safety Title III: Federal Transit Administration Programs Title IV: Motor Carrier Safety Title V: Programmatic Reforms and Streamlining Title VI: Transportation Research Subtitle A: Surface Transportation Research, Technology, and Education Subtitle B: Intelligent Transportation Systems Title VII: Truth in Budgeting Building Efficient Surface Transportation and Equity Act of 1997 - Title I: Federal-Aid Highways - Authorizes appropriations out of the Highway Trust Fund (HTF) for the following: (1) the Interstate Maintenance Program (IM); (2) the National Highway System (NHS); (3) the Bridge Program; (4) the Surface Transportation Program (STP); (5) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); (6) a new High Risk Road Safety Improvement Program (high risk program); (7) the High Cost Interstate System Reconstruction and Improvement Program (high cost program); (8) Discretionary Programs; (9) the Appalachian Development Highway System Program; (10) the Recreational Trails Program; (11) the Federal Lands Highways Program (FLHP); and (12) Highway Use Tax Evasion Projects. (Sec. 103) Sets forth specified obligation ceilings, and formulas for distribution of (and redistribution of unused) obligation authority for Federal-aid highway programs. (Sec. 104) Revises apportionment provisions to require the Secretary of Transportation (the Secretary): (1) whenever an apportionment is made of the sums authorized to be appropriated for expenditure on IM, NHS, the bridge program, STP, CMAQ, the high risk program, the high cost program, the national corridor planning and development program, the border infrastructure and safety program, and FLHP, to deduct a sum not to exceed one and a half percent of all sums so authorized as necessary for administering legal provisions to be financed from appropriations for the Federal-aid highway program; and (2) on October 1 of each fiscal year, after making a specified deduction and set aside, to apportion the remainder of the sums authorized to be appropriated for expenditure on IM, NHS, STP, CMAQ, and the high risk program according to specified formulas. Modifies the recreational trails program to direct the Secretary to: (1) deduct from apportionments of sums for the program an amount not to exceed three percent to cover administrative, research, and technical assistance costs; and (2) apportion half of the remainder equally among eligible States and half to such States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year. Sets forth a new list of State percentages for NHS apportionments. Requires the Secretary to use the most up-to-date data available for the latest fiscal year in making apportionments. (Sec. 105) Revises the IM to authorize the Secretary to approve reconstruction of roads on the Interstate System (IS). (Sec. 106) Repeals certain requirements: (1) on States, local officials, and the Secretary regarding NHS components; and (2) regarding approval of designations and an interim system. Designates specified NHS modifications that consist of highway connections to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities as NHS components. Directs the Secretary to: (1) review the condition of and improvements made to NHS connectors approved by this Act that serve seaports, airports, and other intermodal freight transportation facilities since the designation of the NHS and report to the Congress; and (2) conduct a national children's competition to design a national logo sign for the routes comprising the NHS, appoint a panel to evaluate all designs and select a winning design, and report to specified congressional committees. (Sec. 107) Amends provisions regarding the highway bridge program to provide that if a State transfers funds apportioned to it in a fiscal year beginning after September 30, 1997, to any other apportionment of funds to such State, the total cost of deficient bridges in such State and in all States to be determined for the succeeding fiscal year shall be reduced by the amount of such transferred funds. Grants the Secretary discretion regarding the amounts authorized for FY 1998 through 2000 for bridges under this Act. Authorizes the use of agriculturally derived, environmentally acceptable, minimally corrosive anti- and de-icing compositions or installation of scour countermeasures for bridges other than those on a Federal-aid highway. (Sec. 108) Authorizes the application of anti- and de-icing compositions to bridges under the STP. Includes among eligible STP projects environmental restoration and pollution abatement projects, including the retrofit or construction of storm water treatment systems, to address water pollution or environmental degradation caused or contributed to by existing transportation facilities at the time such facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration. Limits the expenditure of funds to 20 percent of the total cost of such activity. Replaces certification requirements by the Governor of each State with a requirement that each State submit a project agreement for each fiscal year, certifying that the State will meet specified requirements and notifying the Secretary of the amount of obligations needed to administer the STP. Deems the Secretary's approval a contractual obligation of the United States for the payment of STP funds. (Sec. 109) Modifies CMAQ to authorize a State to obligate CMAQ funds if the program or project would have been eligible for funding on or before September 30, 1997, under guidance issued by the Secretary, subject to specified requirements. Authorizes: (1) funds for a project which will result in the construction of new capacity available to single occupant vehicles and to high occupancy vehicles if the project is otherwise eligible for assistance; and (2) appropriations for "minimum allocations" to States through FY 1997. Directs the Secretary to: (1) request the National Academy of Sciences to study the impact of CMAQ on the air quality of nonattainment areas and to report to specified congressional committees; (2) establish and implement a high risk program for construction and operational improvement projects only where the primary purpose of the project is to improve highway safety on a high risk road; and (3) allocate to States, in FY 1998 and beyond, amounts sufficient to ensure that a State's percentage of the total apportionments in each such FY for IM, NHS, the bridge program, STP, CMAQ, the high risk program, the recreational trails program, the Appalachian Development Highway System program, and metropolitan planning be at least 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the HTF, other than the Mass Transit Account, in the latest fiscal year for which data are available. Sets forth a formula regarding calculation of a minimum allocation adjustment. (Sec. 112) Directs the Secretary to apportion specified funds for FY 1998 through 2000 among the States based on the latest available cost to complete estimate for the Appalachian Development Highway System prepared by the Appalachian Regional Commission, unless the Commission adopts an alternative method for distribution. Specifies that, in general, no State containing System routes shall receive less than $1 million. Increases the Federal share for pre-financed projects. (Sec. 113) Replaces provisions regarding reimbursement for segments of the IS constructed without Federal assistance with a high cost interstate system reconstruction and improvement program. Makes funds available for a fiscal year for any major reconstruction or improvement project to a highway designated as part of the IS and open to traffic before this Act's enactment, subject to specified requirements. (Sec. 114) Directs the Secretary to: (1) administer a national program to provide and maintain recreational trails (and terminates the National Recreational Trails Advisory Committee on September 30, 2000); and (2) establish and implement a program to make allocations to States for coordinated planning and design of corridors of national significance, economic growth, and international or interregional trade, and a coordinated border infrastructure and safety program to improve the safe movement of people and goods at or across the U.S.- Canadian and U.S.-Mexican borders. (Sec. 117) Increases the Federal share payable for IS projects. Permits the use of funds appropriated to a Federal land managing agency, and for the FLHP, as the non-Federal share for specified purposes. Directs the Secretary to: (1) allocate 50 percent of sums authorized to be appropriated for forest highways according to a specified formula; (2) conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts; (3) allocate funds for specified transportation-related historical research activities of the Smithsonian Institution; (4) allocate specified funds for the planning, design, and construction of a visitors center to facilitate visitor understanding and enjoyment of resources accessible by the New River Parkway in West Virginia; (5) carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archeological qualities by designating them as National Scenic Byways or All-American Roads; (6) allocate funds to establish a center for national scenic byways in Duluth, Minnesota; and (7) establish and implement a variable pricing pilot program (repeals a congestion pricing program under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)), and report to the Congress. (Sec. 120) Allows States to use as credit toward the non-Federal matching share requirement for certain funds made available, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce which were not built, improved, or maintained with Federal funds. Directs the Secretary to: (1) establish and implement an IS reconstruction and rehabilitation pilot program under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the IS for the purpose of constructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls; and (2) develop performance-based criteria for the distribution of up to five percent of the funds from each of the IM, bridge, high risk, STP, and CMAQ programs, and report to the Congress. (Sec. 121) Amends ISTEA to: (1) allow, at the Secretary's discretion, the obligation from the HTF funds for the construction of ferry boat and ferry terminal facilities; and (2) authorize the use of funds to establish and operate an automated fuel reporting system. (Sec. 124) Modifies Federal highway provisions regarding: (1) metropolitan planning to include that it is in the national interest to foster economic growth and development; and (2) statewide planning to authorize a State to consider specified goals and objectives in the transportation planning process. Directs the Secretary to conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming, and report to the Congress. (Sec. 126) Requires the Secretary to initiate and: (1) issue a guidance regarding the benefits and performance of various types of crash cushions in different road configurations; and (2) complete a rulemaking proceeding to determine the appropriate use by States of movable barrier technologies to enhance safety and improve the capacity and geometric design of highways. (Sec. 127) Authorizes appropriations for specified executive and legislative branch discretionary programs. (Sec. 128) Amends the National Highway System Designation Act of 1995 to direct the Secretary to convey to Virginia, Maryland, and the District of Columbia all U.S. interest in and to the Woodrow Wilson Memorial Bridge, which shall subsequently convey to the Woodrow Wilson Memorial Bridge Authority their respective interests in and to the Bridge. (Sec. 129) Authorizes a State, in implementing Federal-aid highway projects, to reserve training positions for persons who receive welfare assistance from such State. Authorizes: (1) the Secretary to develop, conduct, and administer highway technology training, and to develop and fund summer transportation institutes; (2) give priority to funding for a transportation project related to an Olympic event under specified conditions; (3) provide assistance to State and local governments in carrying out transportation projects related to an international quadrennial Olympic event; (4) carry out a project for the reconstruction of a highway, or portion of a highway, located outside the United States that is important to the national defense; and (5) fund the production of a documentary about infrastructure. Directs the Secretary to conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules, and report to the Congress. (Sec. 133) Sets forth provisions regarding various projects in California, Michigan, Ohio, West Virginia, and Minnesota. (Sec. 134) Repeals a law regarding Federal approval of membership of bridge commissions. Directs the Secretary to conduct a study to examine the impact of truck weight standards on specialized hauling vehicles, and to report to the Congress. (Sec. 135) Bars States from restricting motorcycle access to any highway or portion thereof for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (Sec. 136) Amends ISTEA to include specified corridors, such as the Capital Gateway Corridor, as high priority corridors. (Sec. 137) Revises provisions regarding: (1) bicycle transportation and pedestrian walkways to authorize the use of NHS funds for pedestrian walkways; and (2) standards for Federal-aid highways to prohibit the Secretary from approving any project or taking any regulatory action that will result in the severance of an existing major route or have significant adverse impact on the safety for non-motorized transportation traffic and light motorcycles, unless such project or action provides for a reasonably alternate route or such a route exists. Directs the Secretary to initiate a study to consider proposals to amend the policies of such association relating to highway and street design standards to accommodate bicyclists and pedestrians. Authorizes the Secretary to develop a national bicycle safety education curricula that may include courses relating to on-road training. Sets forth reporting requirements. (Sec. 138) Amends Federal highway provisions regarding the hazard elimination program to consider conditions that may constitute a danger to bicyclists. (Sec. 139) Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the Barney Circle Freeway project in the District of Columbia. (Sec. 140) Requires: (1) the Secretary to conduct life-cycle cost analyses of each usable project segment on the NHS (currently, with a cost of $25 million or more); and (2) the Comptroller General to conduct a study to assess the impact that a utility company's failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, and report to the Congress. Title II: Highway Safety - Amends Federal highway provisions to: (1) provide that uniform guidelines for highway safety programs take into account accident prevention; (2) direct that the apportionment to the Secretary of the Interior for highway safety programs not be less than three-fourths of one percent of the total apportionment; (3) make provisions regarding access for physically handicapped across curbs at pedestrian crosswalks applicable to Indian tribes, with exceptions; and (4) replace a mandatory rulemaking process with one authorizing the Secretary to periodically identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. (Sec. 203) Revises highway safety research and development provisions to authorize the use of safety research funds for training in work zone safety management. (Sec. 204) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. (Sec. 205) Replaces provisions regarding: (1) school bus driver training with provisions directing the Secretary to make grants to States that adopt and implement effective programs to improve the timeliness, accuracy, completeness, uniformity, and accessibility of the State's data needed to identify priorities for State and local highway and traffic safety programs, evaluate the effectiveness of efforts to make such improvements, and link these State data systems, including traffic records, together and with other data systems within the State; and (2) drunk driving prevention programs with an alcohol-impaired driving countermeasures program (which provides for grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol). (Sec. 207) Authorizes the Secretary to enter into an agreement with an organization that represents the interests of the States to manage, administer, and operate the National Driver Register's (NDR) computer timeshare and user assistance functions. Directs that any transfer of such functions to an organization that represents the interests of the States begin only after a determination is made by the Secretary that all States are participating in NDR's "Problem Driver Pointer System" and that the system is functioning properly. (Sec. 208) Directs: (1) the Secretary to conduct a study on the benefit to public safety of the use of blowout resistant tires on commercial motor vehicles and the potential to decrease the incidence of accidents and fatalities from accidents occurring as a result of blown out tires, and to report to the Congress; (2) the Comptroller General to conduct a study to evaluate the effectiveness of State laws that deem any individual with a blood alcohol concentration of .08 percent or greater, and .02 percent or greater for persons under age 21, while operating a motor vehicle to be driving while intoxicated, in reducing the number and severity of alcohol-involved crashes, and report to the Congress; and (3) the Secretary to make grants to establish and maintain a center for transportation injury research at the State University of New York at Buffalo. (Sec. 210) Authorizes appropriations out of the HTF for: (1) National Highway Traffic Safety Administration highway safety programs, and highway safety research and development (R&D); (2) Federal Highway Administration (FHWA) highway safety programs and highway safety R&D; (3) occupant protection incentive grants; (4) State highway safety data grants; (5) State highway safety data grants; (6) the alcohol traffic safety incentive grant program; and (7) NDR. Title III: Federal Transit Administration Programs - Amends Federal transportation law with respect to the metropolitan transportation planning process to replace the current mandatory factors for consideration in developing plans and programs with specified discretionary considerations whose translation into goals and objectives the metropolitan planning organization (MPO) shall determine cooperatively with the State and mass transportation operators. (Sec. 304) Requires the transportation improvement program to be updated at least once every three years (currently, every two years). Allows the program financial plan to include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (Sec. 305) Changes from mandatory to discretionary the inclusion of a congestion management system in the transportation planning process in a transportation management area (TMA). Requires the State, instead of the TMA MPO, to select high risk road safety projects. (Sec. 306) Changes the capital project block grant program into an urbanized area formula grant program. Repeals authority to finance operating costs generally under the program. Authorizes the Secretary to make grants to finance the operating cost of equipment and facilities for use in mass transportation only in an urbanized area with a population of less than 200,000. Changes the interest allowance under the covered cost of advance construction projects from a specified formula to the most favorable financing terms reasonably available, given the applicant's reasonable diligence in seeking them. Declares that two percent of the block grant funds apportioned to urbanized areas of at least 200,000 population shall only be available for transit enhancement activities. (Sec. 307) Repeals the Secretary's current authority to make capital project block grants from the Mass Transit Account. (Sec. 308) Authorizes the Secretary to make grants and loans to assist State and local authorities in financing: (1) capital projects to modernize existing fixed guideway systems; and (2) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities. Repeals authority to make such grants and loans for transportation projects that enhance urban economic development or incorporate private investment. Repeals the requirement that the Secretary consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities: (1) owned by a rail carrier subject to reorganization under the bankruptcy code; and (2) used to provide commuter rail transportation. Revises the criteria for grants and loans for fixed guideway systems. Revises requirements for: (1) letters of intent and full funding agreements; and (2) grant and loan allocations, including bus and bus facility grants. Directs the Secretary to establish a pilot program for the testing and deployment of new bus technology, including clean fuel and alternative fuel technology. (Sec. 309) Directs the Secretary to make grants and enter into 50 percent cost-sharing contracts, cooperative agreements, and other agreements with specified consortia selected competitively from among public and private partnerships to promote the early deployment of innovation in mass transportation technology, services, management, or operational practices. Authorizes the Secretary to inform the U.S. domestic mass transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of mass transportation products and services. Directs the Secretary to make grants for 80 percent of the cost of developing low speed magnetic levitation technology for public transportation in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (Sec. 313) Repeals the mandate to make grants to specified university research institutes and for regional transportation centers. (Sec. 316) Increases from 90 percent to 95 percent the Federal share of a project providing bicycle access to mass transportation. Requires capital project grants and loans to require that any person agreeing to occupy space in a federally funded facility pay a reasonable share of facility costs through rental payments or other means. Declares that, to the extent feasible, governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall participate and coordinate with assistance recipients in the planning, design, and delivery of transportation services. (Sec. 318) Authorizes a grant recipient to award a procurement contract to other than the lowest bidder when the award furthers an objective consistent with the purposes of the grant, including improved long-term operating efficiency and lower long-term costs. (Sec. 319) Authorizes an urbanized area formula grant recipient procuring an associated capital maintenance item to contract directly with the original manufacturer or supplier of the item to be replaced, without the Secretary's prior approval, if the recipient first certifies in writing to the Secretary that: (1) the manufacturer or supplier is the only source for the item; and (2) the item's price is no more than what similar customers pay for it. (Sec. 321) Directs the Secretary to study and report to the Congress on how the alcohol and controlled substances random testing rate for mass transportation employees should be calculated. (Sec. 322) Authorizes the Secretary to collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote mass transportation. Directs the Secretary to seek public comment on ways to simplify and streamline the administration of the formula program for urbanized areas with populations of less than 200,000, and make every effort to ease any administrative burdens identified. (Sec. 324) Limits the total amount of funds available for any fiscal year for operating assistance and preventive maintenance activities for urbanized areas. (Sec. 325) Revises the apportionment of appropriations for fixed guideway modernization. Requires inclusion of route segments in apportionment formulas. (Sec. 326) Authorizes appropriations, and sets the obligation ceilings, for FY 1998 through 2000. (Sec. 328) Authorizes the Secretary to make competitive grants to assist States, local authorities, and nonprofit organizations in financing transportation services designed to transport welfare recipients to and from jobs and activities related to their employment. Sets the Federal share of costs at 50 percent. (Sec. 329) Declares that it is the sense of the Committee on Transportation and Infrastructure that the Secretary of the Treasury should estimate the mass transit portion of net highway receipts every 24 months instead of every 12 months. (Sec. 330) Directs the Comptroller General to study and report to specified congressional committees on the Secretary of Transportation's implementation of project management oversight. (Sec. 331) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on: (1) the effect of privatization or contracting out of mass transportation operation and administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations; and (2) the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (Sec. 333) Directs the Secretary to study and report to specified congressional committees on whether the current formula for apportioning funds to urbanized areas accurately reflects their transit needs, and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (Sec. 334) Directs the Comptroller General to study and report to specified congressional committees on Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services. Title IV: Motor Carrier Safety - Amends Federal transportation law to specify that discretionary grants to States to develop commercial motor vehicle regulatory programs include performance-based grants to improve motor carrier safety, and in particular hazardous materials transportation safety. (Sec. 402) Authorizes appropriations for such grants for FY 1998 through 2000. Authorizes the Secretary, in allocating funds for State grants, to designate up to five percent of them to reimburse: (1) States for carrying out high priority (including national) activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, including any that increase public awareness and education or demonstrate new technologies; and (2) local governments and other persons that use trained and qualified officers and employees, for carrying out such activities and projects in coordination with State motor vehicle safety agencies. (Sec. 403) Converts the current discretionary commercial motor vehicle information system program into mandatory motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support required safety activities. Requires coordination of such systems into a network providing identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. Requires the Secretary to develop data analysis capacity and programs providing the means to perform specified functions. Provides funding for the existing performance and registration information clearinghouse. Authorizes the Secretary to establish a program to improve commercial motor vehicle driver safety. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Authorizes appropriations for FY 1998 through 2000. (Sec. 405) Authorizes the Secretary to make contracts for inspections and investigations. (Sec. 406) Authorizes the Secretary to grant a person or class of persons up to a two-year, renewable exemption from a commercial motor vehicle safety or operators regulation if it would likely achieve a level of safety equal to or greater than the level that would be achieved without such exemption. Authorizes the Secretary to conduct pilot programs to evaluate innovative approaches to motor carrier, vehicle, and driver safety. Allows such a program containing specified elements to include an exemption under this section. (Sec. 407) Repeals the mandate for (thus abolishing) the Commercial Motor Vehicle Safety Regulatory Review Panel. Requires the Secretary to review State laws and regulations on commercial motor vehicle safety. Requires any State that enacts a State law or issues a regulation on commercial motor vehicle safety to submit a copy of it to the Secretary for review immediately after enactment or issuance. Allows enforcement of such law or regulation if the Secretary decides it has the same effect as a regulation prescribed by the Secretary. Prohibits enforcement if the law or regulation is less stringent than a regulation prescribed by the Secretary. (Sec. 408) Repeals certain requirements for: (1) procedures to ensure timely correction of safety violations; and (2) compliance review priority. (Sec. 409) Declares that an individual may operate a commercial motor vehicle only with a valid commercial driver's license (CDL). Requires each CDL issued after January 1, 2000, to include unique identifiers to minimize fraud and duplication. Repeals the Secretary's discretionary authority to make an agreement for the operation of a CDL information system. Requires the Secretary to maintain the system. Requires the system to include information on all fines, penalties, convictions, and failure to appear for a hearing or trial incurred by the operator with respect to operation of a motor vehicle for a period of at least three years beginning on the date of the imposition of such a fine or penalty, or the date of such a conviction or failure to appear. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Repeals current authority (superseded by this title) for grants to States for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing CDLs and complying with State participation requirements. (Sec. 410) Directs the Secretary to make grants to border States, local governments, organizations, and other persons for specified activities designed to improve commercial motor vehicle safety in the vicinity of borders between the United States and Canada and the United States and Mexico. Sets the Federal share of costs for such activities at 80 percent (but only 50 percent for the third year of a grant used to employ additional personnel to enforce commercial motor vehicle safety regulations). (Sec. 411) Directs the Secretary to study and report to Congress on State laws and regulations pertaining to penalties for violation of State commercial motor vehicle weight laws. (Sec. 412) Repeals the mandate and authorization of appropriations to participate in the International Registration Plan and International Fuel Tax Agreement. (Sec. 413) Directs the Secretary to establish a nationwide toll-free telephone system for drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations and any laws or regulations relating to the safe operation of commercial motor vehicles. (Sec. 414) Directs the Secretary to determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin-treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition against operation of such vehicles by such individuals. Requires the Secretary to compile, evaluate, and report to Congress on research and other information on the effects of insulin treated diabetes mellitus on driving performance. (Sec. 415) Requires the Secretary to: (1) review State procedures to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle; and (2) identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. Requires issuance of regulations reflecting the results of such review. (Sec. 416) Requires the Secretary to study and report to Congress on the feasibility of using emergency responders and law enforcement officers to conduct post-accident alcohol testing of commercial motor vehicle operators as a method of obtaining more timely information and reducing the burdens that employers may encounter in meeting current testing requirements. (Sec. 417) Requires the Secretary to encourage the research, development, and demonstration of technologies, identified taking into account specified considerations, that may aid in reducing the fatigue of commercial motor vehicle operators. (Sec. 418) Requires the Secretary to: (1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; (2) periodically update such safety fitness determinations; (3) make such determinations readily available to the public; and (4) prescribe by regulation penalties for violations. Requires the Secretary to maintain by regulation a procedure with specified elements for determining whether an owner or operator is fit to operate safely commercial motor vehicles. Prohibits an owner or operator determined unfit from operating commercial motor vehicles in interstate commerce until the Secretary determines such owner or operator is fit. Requires the Secretary to review, upon request, an unfit owner's or operator's compliance with those requirements with which the owner or operator failed to comply, resulting in the unfitness determination. Prohibits any Federal department, agency, or instrumentality from using an unfit owner or operator to provide any transportation service until the Secretary determines such owner or operator is fit. (Sec. 419) Declares that Federal law governing the transportation of hazardous material does not prohibit a State from providing an exception from requirements relating to placarding, shipping papers, and emergency telephone numbers for the private motor carriage in intrastate transportation of an agricultural production material from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply. Defines agricultural production material as: (1) under 16,094 pounds of ammonium nitrate fertilizer; (2) under 502 gallons (liquid) or 5,070 pounds (solids) of a pesticide; and (3) under 3,500 gallons of a diluted solution of water and pesticides or fertilizer. Title V: Programmatic Reforms and Streamlining - Modifies provisions regarding plans, specifications, and estimates to direct the Secretary to enter into a formal project agreement with each State highway department formalizing the conditions of project approval. Requires such agreement to make provision for State funds required for the State's pro rata share of the cost of construction of the project and for the maintenance of the project after completion of construction. Authorizes the Secretary to discharge to the State any of the Secretary's responsibilities for design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS, with exceptions. Directs: (1) the State to assume such responsibilities for projects that are not on the NHS; and (2) the Secretary and the State to reach agreement as to the extent the State may assume the Secretary's responsibilities for NHS projects, subject to a limitation. (Sec. 502) Directs the Secretary to develop and implement a coordinated environmental review process for highway construction projects that require: (1) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (NEPA), with an exception; or (2) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. Sets forth provisions regarding: (1) a memorandum of understanding between the Department of Transportation (DOT) and all other Federal (and, where appropriate, State) agencies; (2) elements of the coordinated process; (3) dispute resolution; (4) acceptance of project purpose and need; (4) State agency participation; (5) assistance to affected Federal agencies; and (6) judicial review. Directs the Secretary to: (1) establish and implement a State environmental review pilot demonstration program; (2) eliminate the major investment study as a separate requirement and promulgate regulations to integrate such requirement as part of each analysis undertaken pursuant to NEPA for a project receiving assistance with funds made available under this Act; and (3) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan. (Sec. 505) Provides that if at least 50 percent of a State's apportionment under specified Federal-aid highway, and highway bridge replacement and rehabilitation program, funds for a fiscal year, or at least 50 percent of specified allocations of apportioned funds from the State's apportionment may not be transferred to any other apportionment of the State for such fiscal year, then the State may transfer up to 50 percent of such apportionment or set aside to any other State apportionment for that fiscal year. Sets forth provisions regarding the application of this general rule to certain STP set- asides and CMAQ funds. (Sec. 506) Directs the Secretary to: (1) establish criteria for all discretionary programs funded from the HTF which, to the extent practicable, conform to a specified executive order relating to infrastructure investment; and (2) eliminate any required programmatic responsibility for any regional office of DOT carrying out responsibilities of the FHWA regarding any funds made available by this Act. Authorizes the Secretary to retain regional DOT offices carrying out responsibilities of the FHWA for the purpose of providing technical support to States, metropolitan areas, and transit authorities upon request. Title VI: Transportation Research - Subtitle A: Surface Transportation Research, Technology, and Education - Part I: Highway Research - Modifies research and planning provisions. Directs the Secretary to make grants and enter into cooperative agreements and contracts to: (1) continue the monitoring, material-testing, and evaluation of the highway test sections established under the long-term pavement performance program; (2) carry out analyses of the data collected under the program; and (3) prepare the products required to fulfill the original objectives of the program and meet future pavement technology needs. (Sec. 611) Replaces provisions regarding short haul passenger transportation systems with provision for an advanced research program that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. Directs the Secretary to strive to develop partnerships with the public and private sectors. Repeals the strategic highway research program and the applied research and technology program. Modifies: (1) the seismic research program to direct the Secretary to establish a program to study the vulnerability of the Federal-aid highway and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability; and (2) the international highway transportation outreach program to authorize the Secretary to engage in activities to promote U.S highway transportation goods and services internationally, and to gather and disseminate information on foreign transportation markets and industries. Part II: Transportation Education, Professional Training, and Technology Deployment - Directs the Secretary to: (1) develop and implement a national technology deployment initiative to expand adoption by the surface transportation community of innovative technologies to improve the safety, efficiency, reliability, service life, and sustainability of transportation systems and to reduce environmental impact; (2) integrate activities undertaken with DOT efforts to disseminate the results of research sponsored by DOT and to facilitate technology transfer; and (3) give preference to projects that leverage Federal funds with other significant public or private resources. (Sec. 624) Directs the Secretary to make grants to: (1) nonprofit institutions of higher learning to establish and operate one university transportation center in each of the ten U.S. Government regions that comprise the Standard Federal Regional Boundary System, and ten such additional centers to address transportation management and R&D; (2) Marshall University, West Virginia, to establish and operate an Appalachian Transportation Institute; and (3) the University of Minnesota to continue to operate and expand the Intelligent Transportation Systems (ITS) Institute. Part III: Bureau of Transportation Statistics and Miscellaneous Programs - Amends Federal transportation provisions to provide for compilation of statistics on transportation-related variables influencing global competitiveness. Directs the Bureau of Transportation Statistics to review and report to the Secretary on the sources and reliability of the statistics proposed by the heads of the operating administrations of DOT to measure outputs and outcomes, and to undertake such other reviews as may be requested by the Secretary. (Sec. 631) Requires the Director of the Bureau to: (1) ensure that statistics compiled are relevant for transportation decisions by Federal, State, and local governments, transportation-related associations, private businesses, and consumers; (2) establish and maintain an intermodal transportation database and a national transportation library; and (3) develop and maintain geographic databases depicting transportation networks; flows of people, goods, vehicles, and craft over those networks; and social, economic, and environmental conditions affecting or affected by those networks. Authorizes the Secretary to make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities to support the programs and activities of the Bureau. Sets forth provisions regarding: (1) a prohibition of certain disclosures regarding information obtained under the long-term data collection program; and (2) collection of data for non-statistical purposes. Allows funds received by the Bureau from the sale of data products to be credited to the HTF and made available for the purpose of reimbursing the Bureau for such expenses. Authorizes appropriations. (Sec. 632) Directs the Secretary to carry out a transportation technology innovation and demonstration program, as part of which the Secretary shall: (1) conduct research on improved methods of using concrete and asphalt pavement in the construction, reconstruction, and repair of Federal-aid highways, on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation, on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers, and on the use of composite materials for guardrails and bridge decking; (2) expand and continue the study relating to the development of a motor vehicle safety warning system and conduct tests of such system; (3) make grants for research and construction to improve and demonstrate the use of steel bridge construction; (4) continue to support the Urban Consortium's ITS outreach and technology transfer activities; (5) continue development and deployment to metropolitan planning organizations of the Transportation Economic and Land Use System; (6) make grants to Wisconsin to continue specified ITS activities; and (7) carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid in the transportation planning and analysis while making a significant contribution to the ITS program, to be located in the two largest metropolitan areas in Pennsylvania. Subtitle B: Intelligent Transportation Systems - Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the Nation's surface transportation systems. Lists ITS program goals. (Sec. 653) Directs the Secretary to: (1) carry out the ITS program in cooperation with governmental, private, and educational entities, and in consultation with Federal officials; (2) develop, implement, and maintain a national ITS architecture and standards and protocols to promote the widespread use and evaluation of ITS technology as a component of the Nation's surface transportation systems; (3) issue guidelines and requirements for the evaluation of field and related operational tests; (4) establish and maintain a repository for technical and safety data collected as a result of federally sponsored projects and make, upon request, such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (5) ensure that ITS projects carried out using funds made available from the HTF conform to the national ITS architecture and standards and protocols, with an exception; (6) require an analysis of the life-cycle costs of specified projects where the total initial capital costs of ITS operations and maintenance elements exceeds $3 million; and (7) develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for its projects carried out using funds made available from the HTF. (Sec. 654) Directs the Secretary to maintain and update, as necessary, the National ITS Program Plan developed by DOT and the Intelligent Transportation Society of America, and report to the Congress. (Sec. 655) Authorizes the Secretary to: (1) provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, and evaluate ITS technologies and services; funding to support adequate consideration of transportation system management and operations, including ITS, within metropolitan and statewide transportation planning processes; and funding for research and operational tests relating to ITS; and (2) conduct R&D activities for the purpose of demonstrating integrated intelligent vehicle highway, and roadway safety, systems, including state-of-the-art systems and integrating collision avoidance, in-vehicle information, and other safety-related systems. (Sec. 656) Directs the Secretary to conduct a program to promote the deployment of regionally integrated, intermodal intelligent transportation systems and, through financial and technical assistance, assist in the development and implementation of such systems. Lists goals, funding limitations, and priorities for ITS deployment. (Sec. 657) Sets forth provisions regarding funding allocations (for the intelligent transportation infrastructure deployment incentives program, and for ITS research and program support activities), and the Federal share for specified programs. (Sec. 658) Repeals the Intelligent Vehicle-Highway Systems Act of 1991 (Title VI, Part B, of ISTEA). Title VII: Truth in Budgeting - Declares that the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund shall: (1) not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the U.S. Government. (Sec. 701) Amends the Internal Revenue Code to state that the amount of interest credited to any of such trust funds for any fiscal year shall not exceed the amount of interest which would be credited to the fund if it were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year. (Sec. 702) Amends Federal transportation law to require the Secretary of Transportation to estimate annually the net aviation receipts and the unfunded aviation authorizations at the close of the following fiscal year. Requires adjustments to the amount authorized to be appropriated from the Airport and Airway Trust Fund for such fiscal year so that the estimated unfunded aviation authorization will neither exceed nor be less than the estimated net aviation receipts. (Sec. 703) Requires the Secretary of the Army to estimate annually the net inland waterways and net harbor maintenance receipts, and the unfunded inland waterways and unfunded harbor maintenance authorizations at the close of the following fiscal year. Requires adjustments to the amounts authorized to be appropriated from the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund for such fiscal year so that the estimated unfunded authorizations will neither exceed nor be less than the estimated net receipts.
United States · United States Congress · 3 September 1997
Highways and National Defense Investment Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to adjust discretionary spending limits for FY 1998 and 1999 by reducing allowable outlays for the defense category and increasing those for the nondefense category.
United States · United States Congress · 31 July 1997
Redesignates the Federal building located at 701 South Santa Fe Avenue in Compton, California, known as the Compton Main Post Office as the Mervyn Dymally Post Office Building.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Amendments to Endangered Species Act of 1973 Title II: Tax Incentives Title III: Authorization of Appropriations Endangered Species Recovery Act of 1997 - Title I: Amendments to Endangered Species Act of 1973 - Amends the Endangered Species Act of 1973 (the Act) to include within the definition of "species" the last remaining distinct population segment in the United States of any plant or invertebrate species. States that "interim habitat" includes habitat necessary to support either current populations of a species or populations necessary to ensure survival, whichever is larger. (Sec. 102) Revises requirements regarding designation of critical habitat to require the Secretary of the Interior or Commerce, as appropriate, to designate: (1) interim habitat concurrently with making a determination that a species is endangered or threatened; (2) critical habitat concurrently with adoption of a final recovery plan for a species; and (3) interim and critical habitat in the case of a highly migratory marine species. Requires the Secretary to designate interim habitat based only on biological factors, giving special consideration to habitat currently occupied by the species. (Sec. 103) Establishes a schedule for publishing species listing determinations. (Sec. 105) Provides for draft and final recovery plans for the conservation of endangered and threatened species. Expands plan provisions to require: (1) provisions for conservation in the recovery plan area of all endangered or threatened species, candidate species, and species proposed for such listing; (2) descriptions of actions likely to violate taking or jeopardy prohibitions; (3) a list of Federal agencies, States, tribes, and local government entities significantly affected by plan goals or management actions that should complete a recovery implementation plan; and (4) the selection of independent scientists to determine criteria for making determinations to remove a species from the list. Directs Federal agencies significantly affected by plan goals or management actions to develop and implement recovery implementation plans required to: (1) identify affirmative conservation duties and management responsibilities to contribute to achievement of plan goals; (2) set forth specific actions, timetables, and funding to achieve and monitor progress of goals or responsibilities; and (3) identify lands or waters under agency jurisdiction that may provide suitable habitat for the species and actions needed to acquire additional habitat or contribute to species recovery on agency lands or waters. (Sec. 106) Includes Indian tribes in the definition of "State" for purposes of provisions regarding cooperative agreements and funding for the conservation of endangered and threatened species. (Sec. 107) Requires Federal agencies to monitor the status and trends of endangered, threatened, and candidate species that occur on lands or waters under their administration. Directs Federal agencies, in cases where certain authorized takings of endangered or threatened species of a marine mammal are involved, to: (1) report to the Secretary every two years on the amount of incidental take that has occurred as a direct, indirect, or cumulative impact; and (2) reinitiate consultation with the Secretary if the amount authorized has been exceeded. Applies provisions regarding interagency cooperation and consultation to species in a foreign country or on the high seas. Requires the Secretary to promulgate regulations to ensure timely conclusion of Federal consultations regarding listing of species. (Sec. 108) Directs the Secretary to limit the duration of certain permits issued for acts or takings otherwise prohibited as necessary to ensure that changes in circumstances that could occur in the period and that would jeopardize the continued existence of species are reasonably foreseeable. Expands elements of conservation plans required to be submitted by applicants for permits authorizing takings. Adds to the list of conditions required to be met for permit issuance that the activities authorized by the permit and conservation plan are consistent with species recovery and will result in no net loss of the value to the species of the habitat occupied. Requires annual reports by the permittee on the biological status of the species in the affected area, on permitted action and habitat conservation plan impacts on the species, and on whether the plan's biological goals are being met. Revokes permits for noncompliance with permit conditions or this Act or for exceeding the authorized level of take. Requires the Secretary, using financial security provided by the permittee and the Habitat Conservation Fund, to undertake to conserve species where a permittee defaults on permit or plan obligations. Directs the Secretary to implement a streamlined application and approval procedure for incidental take permits and plans determined to be low effect, small scale plans. Lists criteria to be met for consideration as a low effect, small scale plan. Provides for monitoring of such plans and requires the Secretary to pay costs of implementing additional requirements or restrictions to ensure that actions authorized by such plans do not jeopardize the continued existence of any species determined to be endangered or threatened after such a plan was approved. Sets forth requirements for the deposit of performance bonds and other financial security by incidental take permit (other than low effect, small scale) applicants. Establishes the Habitat Conservation Plan Fund for: (1) paying the costs of additional conservation measures and restrictions for species recovery not covered by, or occurring as a result of failure of, plans; (2) permitting costs; and (3) restoring natural resources with respect to which damages are deposited. Requires the Secretary to encourage the development of multiple landowner, multispecies conservation plans, including by streamlining permitting processes across State and local jurisdictions. Sets forth requirements for incidental take certificates issued by such jurisdictions. Provides for public participation in the development of such plans and directs the Secretary to promulgate regulations establishing a development process which ensures an equitable balance of participation among citizens with primary interests in economic development activities that may affect species conservation, and species conservation, respectively. Requires the Secretary, upon request, to invite independent scientists with expertise on species that may be affected by the plan to provide input. Directs the Secretary to establish a Community Assistance Program to provide timely and accurate information to local governments or property owners. Requires the Secretary, under such Program, to assign to each U.S. Fish and Wildlife Service field office employees whose duties include providing information on impacts of actions under, and assistance on compliance with, the Act and serving as a focal point for questions, requests, complaints, and suggestions from property owners and local governments. (Sec. 109) Expands the list of violations for which citizen suits may be brought to include violations of any permit, the Secretary's opinion statement regarding the impact of Federal agency actions on species and proposed conservation actions, or any agreement concluded under the Act. Makes certain time frames for bringing actions inapplicable to actions brought for emergencies posing a significant risk to any endangered or threatened species of fish, wildlife, or plant (or those proposed for listing). (Sec. 110) Makes persons who negligently damage any member or habitat of an endangered or threatened species liable to the United States and a State for the costs incurred in restoring or replacing the member or habitat. Title II: Tax Incentives - Authorizes the Secretary to enter into endangered species conservation agreements with owners or lessees of real property on which conservation measures for endangered, threatened, or candidate species or species proposed for listing are to be carried out. Requires the Secretary to establish a technical assistance program in cooperation with the States to assist landowners with such agreements. (Sec. 202) Amends the Internal Revenue Code to require that the value of a taxable estate be determined by deducting from the value of the gross estate an amount equal to the value of real property included in the gross estate which is subject to an endangered species conservation agreement. Provides for recapture in certain cases. (Sec. 203) Allows an additional tax deduction for State and local real property taxes imposed on real property subject to such agreements. (Sec. 204) Allows a tax credit for costs incurred in connection with such agreements. Title III: Authorization of Appropriations - Extends the authorization of appropriations to carry out the Act through FY 2002.
United States · United States Congress · 31 July 1997
Veterans' Compensation Cost-of-Living Adjustment Act of 1997 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1997, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Requires the Secretary to publish such increases in the Federal Register at the same time that the social security increases are required to be published.
United States · United States Congress · 31 July 1997
Declares that the House of Representatives recognizes suicide as a national problem and declares suicide prevention a national priority, acknowledges that no single prevention program will be appropriate for all populations or communities, and encourages certain initiatives, including the development (and the promotion of accessibility and affordability) of mental health services to enable all persons at risk for suicide to obtain services without fear of stigma.
United States · United States Congress · 29 July 1997
Calls for: (1) the U.S. Postal Service to issue a postage stamp in honor of Zora Neale Hurston; and (2) such stamp to be unveiled at the 1999 Zora Neale Hurston Festival in Eatonville, Florida.
United States · United States Congress · 25 July 1997
Authorizes the President to award the Congressional Medal of Honor posthumously to Theodore Roosevelt for his actions in the attack of San Juan Heights, Cuba, during the Spanish-American War on July 1, 1898.
United States · United States Congress · 25 July 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan.
United States · United States Congress · 24 July 1997
Authorizes the President to present a gold medal to Ecumenical Patriarch Bartholomew in recognition of his outstanding and enduring contributions to religious understanding and peace. Authorizes the Secretary of the Treasury to strike duplicate medals in bronze. Authorizes appropriations from the Numismatic Public Enterprise Fund, where sales proceeds shall be deposited.
United States · United States Congress · 24 July 1997
Clinical Laboratory Improvement Act Amendments of 1997 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a pap smear (Papanicolaou Smear) analysis.
United States · United States Congress · 24 July 1997
Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service (under current law the program authorizing such counseling expires in 1998). Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional (currently, the Secretary) to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications; and (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department.
United States · United States Congress · 17 July 1997
National Marrow Donor Program Reauthorization Act of 1997 - Amends the Public Health Service Act to replace provisions relating to the National Bone Marrow Donor Registry with provisions mandating establishment, by contract, of a program to assist patients needing a blood stem cell transplant in searching for biologically unrelated donor individuals. Sets forth program functions, including: (1) maintaining one or more donor and one or more recipient registries; (2) educational activities (including donor recruitment and professional and public information); and (3) establishing the Office of Patient Advocacy and Case Management. Mandates: (1) standards regarding quality, tissue typing, donor informed consent, and patient advocacy; (2) donor selection criteria; (3) stem cell collection and transportation procedures; (4) confidentiality standards; and (5) procedures for integrating participating donor registries and centers. Mandates criminal penalties for confidentiality violations. Authorizes appropriations. Mandates a plan to effectuate efficiencies in the relationship between the program and donor centers.
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Program Accountability Title II: Program Equity Title III: Funding of Farm Ownership and Operating Loans USDA Accountability and Equity Act of 1997 - Title I: Program Accountability - Amends the Soil Conservation and Domestic Allotment Act to increase the size of the county committees by two members who shall be: (1) appointed by the Secretary of Agriculture (Secretary); and (2) demographically representative of local producers. States that: (1) civil service laws shall apply to all persons performing functions for any county, area, or local committee; and (2) the county executive director of such committee, or other person selected by the Secretary, shall have sole responsibility for making local agricultural loan determinations, subject to State-level approval. (Sec. 102) Provides for the conversion of permanent and temporary (at the Secretary's discretion) county and area office employees to Federal civil service status. Makes conforming amendments the Department of Agriculture Reorganization Act of 1994 and other Federal law. Title II: Program Equity - Amends the Consolidated Farm and Rural Development Act to permit agricultural operating loans to be made to delinquent borrowers under specified circumstances. (Sec. 202) Appropriates funds for lease-back or buy-back opportunities for beginning farmers or ranchers. (Sec. 203) Treats debt write-downs as non-income for tax purposes. (Sec. 204) Amends the Housing Act of 1949 to prohibit housing loan denial to an applicant who has been able to live in a financially independent manner for a reasonable time. (Sec. 205) Amends the Food Security Act of 1985 with respect to the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) establish a set-aside for socially disadvantaged agricultural producers. (Sec. 206) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Current law provides for non-permanent authorization of appropriations for such grants.) Directs the Secretary to establish an advisory committee to study whether such institutions' funding is equitable. (Sec. 208) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations (currently permanently authorized) for: (1) Indian reservation extension education programs; and (2) outreach and technical assistance programs for socially disadvantaged farmers and ranchers. Title III: Funding of Farm Ownership and Operating Loans - Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans. (Current law provides for a non-permanent authorization of appropriations for such loans.)
United States · United States Congress · 11 July 1997
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make aliens eligible for food stamps if they were receiving supplemental security income benefits as of a specified date or if they are eligible for such benefits.
United States · United States Congress · 9 July 1997
Women's Cardiovascular Diseases Research and Prevention Act - Amends the Public Health Service Act to mandate expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute with regard to cardiovascular diseases in women. Authorizes appropriations.
United States · United States Congress · 9 July 1997
Commends the National Aeronautics and Space Administration for successfully carrying out the Mars Pathfinder Mission and for its commitment to developing low-cost spacecraft with highly focused science objectives. Urges the United States to continue to act as the leader in space exploration into the 21st century.
United States · United States Congress · 25 June 1997
Prohibits burial in a federally funded cemetery of the remains of a person convicted of crimes related to the murder or attempted murder of certain Federal officers or employees or terrorist-related crimes.
United States · United States Congress · 24 June 1997
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex. Amends FLSA to provide for enhanced enforcement of equal pay requirements (also known as the Equal Pay Act of 1963), adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks. Requires EEOC and the Office of Federal Contract Compliance Programs (OFCCP) to train EEOC employees and affected individuals and entities on matters involving discrimination in the payment of wages. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. Authorizes appropriations to the EEOC, the OFCCP, and the Secretary to carry out this Act.
United States · United States Congress · 24 June 1997
Medicaid Community Attendant Services Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of qualified community-based attendant services for any individual entitled to nursing facility or intermediate care facility services. Limits such services to those furnished to an individual in a home or community-based setting, which may include a school, workplace, or recreating or religious facility, but not a nursing facility, an intermediate care facility for the mentally retarded, or other institutional facility. Directs the Secretary of Health and Human Services to: (1) review existing Medicaid regulations for home health services and other services in home and community-based settings; (2) report to the Congress on how excessive utilization of medical services can be reduced under Medicaid by using qualified community-based attendant services; (3) develop a functional needs assessment instrument with respect to an individual's need for such services; and (4) establish a task force to examine appropriate methods for financing long-term care services. Amends SSA title XIX to allow States to waive certain income limitations with respect to Medicaid payments to individuals eligible for medical assistance who are also eligible for or already receiving a State supplementary payment. Allows such a waiver in such cases as the State finds the potential for employment opportunities would be enhanced through the provision of qualified community-based attendant services. Allows the State, in the case of such an individual made eligible for medical assistance because of such a waiver, to impose a premium based on a sliding scale relating to income.
United States · United States Congress · 24 June 1997
First-time Homebuyer Affordability Act of 1997 - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a qualified home equity participation arrangement (one in which up to $10,000 in an individual retirement plan is used to acquire an ownership interest in a dwelling unit that is to be used as the principal residence for a first-time homebuyer). Requires such ownership interest to be a fee interest requiring full repayment. Defines "first-time homebuyer" as an individual on whose behalf an individual retirement plan is established (eligible participant) or a family member (child, parent, or grandparent) who had no present ownership interest in a principal residence during the 36-month period before the date of the arrangement. (Sec. 4) Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction. Requires repayment within 15 years.
United States · United States Congress · 19 June 1997
Point Reyes National Seashore Farmland Protection Act of 1997 - Amends Federal law to include the Farmland Protection Area in the Point Reyes National Seashore, California, with the primary objective being to protect private agricultural land from nonagricultural development by conservation easements. Authorizes the Secretary of Agriculture to make farmland acquisitions within the Area. Authorizes appropriations.
United States · United States Congress · 19 June 1997
Amends the Higher Education Act of 1965 to direct the Secretary of Education to carry out a Thurgood Marshall Legal Educational Opportunity Program to provide low-income, minority, and disadvantaged college students with information, preparation, and financial assistance to gain access to and complete law school study. Authorizes the Secretary to contract with, or make a grant to, the Council on Legal Education Opportunity, for at least a five-year period, to deliver specified services under such program, directly and through subgrants and subcontracts. Directs the Secretary to establish annually the maximum stipend to be paid to Thurgood Marshall Fellows for the period of prelaw preparation in summer institutes and midyear seminar prior to and during the period of law school study. Sets forth the maximum amount of grants for such program services for any fiscal year.
United States · United States Congress · 12 June 1997
Disadvantaged Minority Health Improvement Amendments Act of 1997 - Amends the Public Health Service Act to replace certain provisions relating to the Office of Minority Health with provisions establishing the Advisory Committee on Minority Health. Regulates the Office's activities, including regarding: (1) bilingual assistance to providers (mandating special consideration to those serving Asians and Pacific Islanders); (2) equitable allocation of grants, cooperative agreements, and contracts among racial and minority populations; (3) provision of information and services in the most appropriate language, educational, and cultural context; (4) the making of grants, cooperative agreements, contracts; and (5) evaluations. Authorizes appropriations. (Sec. 3) Requires: (1) that the Office of Research on Minority Health of the National Institutes of Health (NIH) coordinate minority health research conducted or supported by NIH; (2) a comprehensive research plan; (3) equitable addressing of all racial and ethnic minority groups; (4) establishment of the Advisory Committee on Research on Minority Health; (5) determination of the extent of minority representation among senior physicians and scientists of (or conducting research with funding from) the national research institutes; (6) that all grants, cooperative agreements, and contracts be competitively awarded; and (7) expansion of the Minority Health Initiative. Authorizes appropriations. (Sec. 4) Authorizes appropriations for: (1) the National Center for Health Statistics; (2) grants to States for demonstration programs to increase the availability of primary care in health professional shortage areas; (3) Federal capital contributions to health professions student loan funds; (4) scholarships for health professions students of exceptional financial need; (5) grants to health professions schools for scholarships for individuals from disadvantaged backgrounds; (6) educational loan repayments in return for serving as faculty at health professions schools; (7) grants and contracts to increase the number of underrepresented minority faculty at health professions schools; (8) grants to health professions schools for programs of excellence for minority individuals; (9) grants and contracts for health professions schools for recruiting, counseling, preparing, and providing scholarships to individuals from disadvantaged backgrounds; (10) grants and contracts for research on the extent to which medical student educational debt has had a detrimental effect on students' decisions on entering primary care specialties. (Sec. 5) Mandates a conference on matters relating to the health of individuals from disadvantaged backgrounds, including racial and ethnic minorities.
United States · United States Congress · 10 June 1997
Employment Non-Discrimination Act of 1997 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority or office to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits related retaliation and coercion. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits: (1) quotas and preferential treatment; and (2) the Equal Employment Opportunity Commission from entering into a consent decree that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees and applicants.
United States · United States Congress · 5 June 1997
Local Input in Transportation Planning Act - Amends Federal transportation law to: (1) limit to roads classified below principal arterial the apportionment of Federal aid highway funds for surface transportation programs in areas of less than 5,000 population; (2) include within statewide transportation planning processes consultation with elected officials of subdivisions of local governments (requiring review of this process by the Secretary of Transportation at least once every two years); and (3) revise the Federal set-aside percentages for State off-system bridges repair and replacement for FY 1998 through 2003. Directs the Secretary to study and report to the Congress on the effectiveness of the participation of local elected officials in transportation planning and programming.
United States · United States Congress · 5 June 1997
Personal Information Privacy Act of 1997 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential). Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative of it), as well as its use as a personal identification number, without the individual's written consent. Provides for a civil action in a U.S. District Court by any individual aggrieved by any violation of this prohibition. Provides for civil money penalties for violations as well. Amends the Federal criminal code to require the uses of social security numbers by State departments of motor vehicles to be consistent with the uses authorized by the Social Security Act, the Privacy Act, and by any other statutes explicitly authorizing their use. Prohibits the use of social security numbers by marketing companies.
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
![Official portrait of Rep. Clyburn, James E. [D-SC-6]](https://www.congress.gov/img/member/c000537_200.jpg)