United States · United States Congress · 20 March 1997
Expresses the sense of the Congress that it recognizes: (1) the concern of the railroad industry that the current spousal annuity system is inadequate; and (2) that a process of dialogue must take place among all parties of the railroad community including rail labor, management, and retiree organizations before railroad annuity legislation can be enacted. Urges all parties to find a way to fund an amendment that would improve the survivor benefits component to the Railroad Retirement Act of 1974.
United States · United States Congress · 19 March 1997
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Comprehensive Women's Pension Protection Subtitle A: Pension Reform Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs Subtitle C: Modifications of Joint and Survivor Annuity Requirements Subtitle D: Spousal Consent Required for Distributions From Section 401(k) Plans Subtitle E: Women's Pension Toll-Free Phone Number Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to require a private contractor with the Secretary of Labor to establish a system under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Provides for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations for: (1) the Secretary of Labor to design and award the contract for such system; and (2) the contractor to begin operations. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Allows the use without penalty of distributions from certain plans during periods of unemployment. (Sec. 133) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Amends IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Limits annual benefits under governmental and multiemployer plans to $90,000, eliminating the alternative 100 percent of high three-year average compensation limitation. Exempts from the $7,500 or one third of includible compensation limit for annual benefits certain excess benefit arrangements under deferred compensation plans of State and local governments and tax-exempt organizations. Prohibits such arrangements from being taken into account in determining whether any other plan is an eligible deferred compensation plan. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 166) Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. (Sec. 167) Excludes from gross income any workers' compensation received by former police officers or fire fighters for heart disease or hypertension. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. (Sec. 176) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC ("401(k) plans") by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Makes certain new rules for pension integration under the Tax Reform Act of 1986 applicable to all existing accrued benefits. (Sec. 401) Amends IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 402) Sets forth rules regarding the application of minimum coverage requirements with respect to separate lines of business. (Sec. 403) Amends IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 404) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal law relating to the armed forces to terminate a two-tier annuity computation and social security offset under the military survivor benefit plan. (Sec. 414) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. Subtitle D: Spousal Consent Required for Distributions From Section 401(k) Plans - Amends IRC to require spousal consent for distributions from section 401(k) plans. Subtitle E: Women's Pension Toll-Free Phone Number - Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 19 March 1997
Merchant Mariners Fairness Act of 1997 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army or Naval Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application of a member possessing such qualified service.
United States · United States Congress · 18 March 1997
Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Requires the Secretary, acting through the CDC, to consult with State and local governmental agencies, managed care organizations, nonprofit organizations, physicians, and other health professionals and organizations. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to the data and information that is collected under this Act. Authorizes appropriations.
United States · United States Congress · 18 March 1997
TABLE OF CONTENTS: Title I: School Construction Assistance Program Title II: General Provisions Partnership to Rebuild America's Schools Act of 1997 - Title I: School Construction Assistance Program - Part 1: Program Authorized - Establishes a program to provide Federal funds to help States and local school districts finance the repair, renovation, modernization, and construction of their school facilities. (Sec. 104) Makes appropriations and specifies their allocation. Part 2: Grants to States - Provides for allocation of funds for formula grants to States by the Secretary of Education, on a proportional basis similar to that for Basic Grants for disadvantaged students under the Elementary and Secondary Education Act of 1965. Sets forth requirements relating to: (1) eligible State agencies; (2) allowable uses of funds; (3) eligible construction projects; (4) period for project initiation; (5) selection of localities and projects; (6) State applications; (7) amount of Federal subsidy; (8) separate funds or accounts; (9) prudent investment; and (10) State reports. Part 3: Direct Grants to Local Educational Agencies - Provides for direct grants both formula and competitive) to local educational agencies (LEAs) by the Secretary of Education. (Sec. 121) Makes eligible for grants the LEAs with the largest numbers of children aged five through 17 from families living below the poverty level. Makes LEAs for Hawaii and the Commonwealth of Puerto Rico ineligible for such grants. Sets forth requirements relating to: (1) grantees; (2) allowable uses of funds; (3) eligible construction projects; (4) redistribution of funds; (5) local applications; (6) formula grants; (7) competitive grants; (8) amount of Federal subsidy; (9) separate funds or accounts; (10) prudent investment; and (11) local reports. Title II: General Provisions - Sets forth requirements relating to: (1) technical employees; (2) wage rates; (3) no liability of the Federal Government; and (4) consultation with Secretary of the Treasury by the Secretary of Education.
United States · United States Congress · 13 March 1997
Amends the Webb-Kenyon Act and the Liquor Law Repeal and Enforcement Act to allow any State, the District of Columbia, or a U.S. territory or possession to bring an action in U.S. district court to enjoin the shipment or transportation of liquor in violation of such Act, or to enforce their laws with respect to such transportation.
United States · United States Congress · 6 March 1997
Amends the Railway Labor Act to apply its provisions regarding railway labor practices to U.S. air carrier flight operations (excluding ground operations performed by non-flight crew members) conducted in whole or in part outside of the United States and their flight crew members who perform their duties in whole or in part outside of the United States.
United States · United States Congress · 6 March 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 4 March 1997
Aviation Safety Protection Act of 1997 - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to air safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to air safety. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Provides for award of attorney's fees of up to $5,000 to a prevailing employer for any such complaint found frivolous or brought in bad faith. Specifies civil penalties for violation of this Act.
United States · United States Congress · 27 February 1997
Social Security Preservation Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Outlines provisions for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.
United States · United States Congress · 13 February 1997
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of other weather-related conditions.
United States · United States Congress · 13 February 1997
Amends Federal aviation law to direct the Secretary of Transportation to issue regulations requiring the use of federally-approved child safety restraint systems (including weight and age limits) on commercial aircraft. Expresses the sense of the Congress that the United States representative to the International Civil Aviation Organization should seek an international standard to require that passengers on civil aviation aircraft be restrained: (1) on takeoff and landing; and (2) when directed by the aircraft captain on commercial aircraft.
United States · United States Congress · 12 February 1997
Fair Trade in Meat and Pork Products Act of 1997 - Directs the United States Trade Representative (USTR), for purposes of identifying foreign countries not in compliance with the terms of any trade agreement with the United States, to determine whether the European Union has failed to implement its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement. Requires the USTR, in the event of such a failure, to: (1) promptly request proceedings under the formal dispute settlement procedures applicable under the agreement; and (2) request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that import meat and other agricultural products into the United States.
United States · United States Congress · 6 February 1997
Designates minority party membership on the House Committee on Science and redesignates such membership on the House Committees on Small Business and Veterans' Affairs.
United States · United States Congress · 5 February 1997
Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or treatment options.
United States · United States Congress · 5 February 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits).
United States · United States Congress · 5 February 1997
Requires the House of Representatives to participate in State and local government transit programs to encourage House employees to use public transportation. Directs the Committee on House Oversight to issue appropriate regulations.
United States · United States Congress · 9 January 1997
Amends the Federal Property and Administrative Services Act of 1949 to authorize the transfer to State and local governments of surplus real and related personal property needed for use by the transferee or grantee for a law enforcement or public safety purpose. Applies the law to prior transfers and conveyances.
United States · United States Congress · 7 January 1997
Aircraft Repair Station Safety Act of 1997 - Terminates the effectiveness of certain November 22, 1988, amendments to the foreign repair station rules of the Federal Aviation Administration (FAA). Declares that certain standards issued by the FAA for domestic repair stations shall apply in the same manner to foreign repair stations. Amends Federal aviation safety law to require the FAA Administrator to issue an order revoking a repair station certificate if the Administrator finds that the station knowingly used an uncertified or substandard airframe, engine, propeller, appliance, or any other part in the repair or overhaul of an aircraft.
United States · United States Congress · 7 January 1997
Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Francis Albert "Frank" Sinatra. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 7 January 1997
Medicare Commission Act of 1997 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services. Outlines steps for the development and consideration of legislation with regard to such recommendations that provides for the long-term solvency of the Medicare trust funds.
United States · United States Congress · 7 January 1997
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) 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 from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 7 January 1997
Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
![Official portrait of Rep. Boswell, Leonard L. [D-IA-3]](https://www.congress.gov/img/member/b000652_200.jpg)