United States · United States Congress · 7 November 1997
Sales Incentive Compensation Act - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage recordkeeping and overtime compensation requirements any employee in a sales position, if: (1) such position requires specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons or entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; and (3) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee;(4) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (5) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year.
United States · United States Congress · 7 November 1997
Amends title XVIII (Medicare) of the Social Security Act to repeal a specified restriction imposed by the Balanced Budget Act of 1997 on Medicare payment for certain hospital discharges to post-acute care.
United States · United States Congress · 7 November 1997
Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations.
United States · United States Congress · 7 November 1997
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish, as specified, a maximum taxable S corporation tax. Establishes a special rule for a qualified personal service corporation. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of qualified taxable S corporation income. Provides for an additional tax on nonqualified distributions.
United States · United States Congress · 7 November 1997
Recognizes the historic significance of the fiftieth anniversary of the reestablishment of the State of Israel. Commends the Israeli people for their achievements in building a new state and a pluralistic democratic society in the Middle East. Reaffirms the bonds of friendship and cooperation between the United States and Israel. Extends congratulations and best wishes to the State of Israel and her people for a peaceful, prosperous, and successful future.
United States · United States Congress · 6 November 1997
Migratory Bird Treaty Reform Act - Amends the Migratory Bird Treaty Act to prohibit persons from: (1) taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known that the area is a baited area; or (2) placing or directing the placement of bait on or adjacent to an area for purposes of causing, inducing, or allowing any person to take or attempt to take any migratory bird by the aid of baiting on or over the baited area. Defines "baiting" as the placement of salt, grain, or other feed capable of attracting migratory birds in such a quantity and in such a manner as to serve as an attractant to such birds to or over an area where hunters are attempting to take them by: (1) placing or distributing salt, grain, or other feed grown off-site; (2) redistributing grain or other feed after it is harvested or removed from the site where grown; (3) altering agricultural crops (other than by accepted agricultural planting, harvesting, or manipulation after harvest), altering millet planted for nonagricultural purposes, or altering other nonagricultural vegetation; or (4) gathering, collecting, or concentrating natural vegetation, planted millet, or other vegetation planted for nonagricultural purposes following alteration or harvest. Excludes from such definition: (1) redistribution, alteration, or concentration of grain or other feed caused by flooding, whether natural or man induced; or (2) alteration of natural vegetation on the site where grown other than alterations described above. Makes other exclusions from such definition with respect to certain alterations of planted millet or other vegetation during the waterfowl hunting season. Amends penalty provisions to require the Secretary of the Interior, in lieu of seizing any personal property not crucial to the prosecution of the alleged offense, to permit the owner or operator of such property to post bond or other collateral pending the disposition of any proceeding.
United States · United States Congress · 6 November 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or to an applicable program, to develop, plan, implement, or administer any national testing program. Amends the Elementary and Secondary Education Act of 1965 to establish a similar prohibition against use of certain funds (from the Fund for the Improvement Education) for any national testing program. Exempts from such funding prohibitions the Third International Mathematics and Science Study.
United States · United States Congress · 6 November 1997
Higher Education Affordability and Availability Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $5,000. Sets forth related excess contribution provisions.
United States · United States Congress · 6 November 1997
Commends the personnel who served in the Asiatic Fleet of the United States Navy between 1910 and 1942. Expresses support for the goals of United States Navy Asiatic Fleet Memorial Day.
United States · United States Congress · 5 November 1997
Bulletproof Vest Partnership Grant Act of 1997 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States or units of local government to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, a mandatory wear policy, and a violent crime rate at or above the national average. Sets forth provisions regarding matching funds and allocation of funds, State and local applications, and grant application renewal. Prohibits any State or unit of local government that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.
United States · United States Congress · 5 November 1997
Printed Circuit Investment Act of 1997 - Amends the Internal Revenue Code to classify as three-year depreciable property any printed wiring board or printed wiring assembly equipment.
United States · United States Congress · 4 November 1997
Battle of Midway National Memorial Study Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service and in consultation with the Director of the U.S. Fish and Wildlife Service, the International Midway Memorial Foundation, Inc., and Midway Phoenix Corporation, to study and report to specified congressional committees on the suitability and feasibility of establishing Midway Atoll as a national memorial to the Battle of Midway. Requires that the report include an inventory of all known facilities and structures of historical significance on Midway Atoll.
United States · United States Congress · 4 November 1997
Army Reserve-National Guard Equity Reimbursement Act - Authorizes the Secretary of the Army to reimburse Army personnel deployed to or from Europe during the period beginning on October 1, 1996, and ending on May 31, 1997, in support of operations in Bosnia for expenses incurred in the shipment of personal property if such shipment, if made on June 1, 1997, would otherwise have been covered by a temporary change of station weight allowance authorized by the Department of the Army.
United States · United States Congress · 31 October 1997
Iran Missile Protection Act of 1997 - Authorizes supplemental appropriations for FY 1998 for the Department of Defense for cooperative activities with Russia for determining: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian missile threat. Requires a certification by the President to the Congress with respect to the information to be released by Russia before such funds may be appropriated. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information. Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril. Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions.
United States · United States Congress · 29 October 1997
Federal Prison Industries Competition in Contracting Act of 1997 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI). Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration. Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price. Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog. (Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact on private sector firms and their employees of a proposal to authorize the sale of a new specific product or to expand production of a current product. Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. (Sec. 4) Revises requirements for reporting by the board to the Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing. (Sec. 6) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.
United States · United States Congress · 29 October 1997
Disabled Sportsmen's Access Act - Amends the Sikes Act to direct the Secretary of Defense, in developing facilities and conducting programs for public outdoor recreation at military installations, to ensure that such recreational opportunities provide equal access for disabled veterans, military dependents with disabilities, and other disabled persons when topographic, vegetative, and water resources allow equal access without substantial modification to the natural environment. Allows the Secretary to accept the services of volunteers and donations of money and property in ensuring such equal access.
United States · United States Congress · 28 October 1997
Authorizes the President to present a gold medal to Len "Roy Rogers" Slye and Octavia "Dale Evans" Smith, on behalf of the Congress, in recognition of their accomplishments as entertainers and humanitarians. Declares that such medals are national medals. Authorizes funding for the cost of the medals and requires deposit of sale proceeds in the United States Mint Public Enterprise Fund.
United States · United States Congress · 24 October 1997
Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 24 October 1997
Amends the Federal Water Pollution Control Act to exempt maintenance and repair of partially vegetated flood control channels that are components of flood control projects from regulation under provisions regarding permits for discharges of dredged or fill material.
United States · United States Congress · 24 October 1997
Consumer's Choice Protection Act of 1997 - Declares the purposes of this Act, including to make it clear that firearms imports may not be subject to discriminatory treatment, and that citizens should retain the choice to own and use such firearms for all lawful purposes, including hunting, self defense, collecting, competitive shooting, or plinking. Amends the Federal criminal code to repeal the current prohibition against selling or otherwise disposing of any firearm or ammunition to certain individuals, including convicted felons, fugitives from justice, mental defectives, illegal aliens, and persons subject to a court order restraining them from harassing, stalking, or threatening an intimate partner or child. Requires the Secretary of the Treasury, within 30 days of receiving an application, to authorize the importation or bringing into the United States of any firearm or ammunition which: (1) is being imported or brought in for scientific or research purposes, or for use in connection with specified competition or training; (2) is an unserviceable firearm (other than a machine gun) imported or brought in as a curio or museum piece; or (3) was previously taken out of the United States or a possession by the person who is bringing it in. Excludes from the importation mandate of this Act any firearm subject to the ban on semiautomatic assault weapons, specified other weapons, and any: (1) "sawed-off" shotgun or similarly short or shortened rifle; (2) machine gun; (3) silencer; or (4) destructive device. Makes it unlawful to import any frame, receiver, or barrel of any firearm which would be prohibited if assembled.
United States · United States Congress · 24 October 1997
Condemns the enactment of the "On Freedom of Conscience and on Religious Association" law by the Russian Government on September 25, 1997, as a flagrant violation of internationally accepted standards of human rights. Expresses the sense of the Congress that none of the funds appropriated under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 should be made available for the Government of the Russian Federation unless it has taken appropriate steps to assure that religious discrimination does not result from implementation of such law, or unless the law is effectively challenged and changed through an appropriate review process.
United States · United States Congress · 24 October 1997
Expresses the sense of the Congress that the U.S. Fish and Wildlife Service (together with its State flyway council partners) should take comprehensive action to utilize the most efficient technological and conservation measures, including the modification of management practices on public lands, to reduce the population of mid-continent lesser snow geese to levels that can be supported without the destruction of tundra ecosystems and that are consistent with sound biological management principles.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions, with written justification to Congress, on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 23 October 1997
Prohibits the Secretary of Defense, in disposing of real property at Long Beach Naval Station, California, under the Defense Base Closure and Realignment Act of 1990, from conveying any portion thereof to China Ocean Shipping Company or a successor entity. Directs the Secretary to impose as a condition on each conveyance of such property that it may not be subsequently conveyed to such entity. Provides for reversion to the United States if any such property is conveyed to or used by such entity.
United States · United States Congress · 9 October 1997
Sound Scientific Practices Act - Requires the Secretary of Labor, upon determining that a standard should be promulgated under the Occupational Safety and Health Act of 1970, to appoint a panel of individuals to review and report on: (1) the scientific and economic data which form the basis for such standard; and (2) the relevance of the data to industries and workers which such standard would affect.
United States · United States Congress · 9 October 1997
Medicare Medical Savings Account (MSA) Expansion Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to remove the sunset date for and numerical limitation on Medicare participation in Medicare+Choice medical savings account (MSA) plans.
United States · United States Congress · 9 October 1997
Expresses the sense of the Congress that: (1) all schools should be drug-free; (2) all Federal, State, and local drug fighting agencies should work together with schools and parents to ensure that a renewed effort is made to fight the distribution, sale, and use of illegal drugs in our schools and to America's youth; (3) all governmental leaders and parents share a role in raising awareness of this issue and offering constructive alternatives to illegal drug use; and (4) the Congress and the President should set a goal and work with local communities and parents to end the distribution, sale, and use of illegal drugs in the Nation's schools by the year 2000.
United States · United States Congress · 6 October 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act of 1971 to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
United States · United States Congress · 6 October 1997
Religious Fairness in Bankruptcy Act of 1997 - Amends Federal bankruptcy law, with respect to avoidance of fraudulent transfers and obligations by the bankruptcy trustee, to provide that a transfer of a donation to a religious unit made by a debtor from a sense of religious obligation such as tithes, shall be considered to have been made in exchange for a reasonably equivalent value.
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 · 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 · 30 September 1997
Amends the Tariff Act of 1930 to exempt U.S. manufactured golf clubs, and components that are imported and assembled into finished golf clubs in the United States, from the country of origin marking requirements under the Act.
United States · United States Congress · 30 September 1997
Safety Advancement for Employees Act of 1977 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to review the draft final standard and the scientific literature, and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection procedures. Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 9) Establishes the use of alternative safe methods as an affirmative defense for employers. Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Reduces the types of violations of posting or paperwork requirements for which an employer may be assessed a civil penalty. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines.
United States · United States Congress · 26 September 1997
Requires an officer who entered the Uniformed Services University of the Health Sciences in 1983 and successfully completed instruction at such University in 1987 to be treated in the same manner as a student of the University who graduated in 1986 for purposes of determining pay and years of service, notwithstanding an inconsistent provision under the Defense Officer Personnel Management Act.
United States · United States Congress · 26 September 1997
Taxpayer Confidentiality Act of 1997 - Amends the Internal Revenue Code to limit the authority of the Secretary of the Treasury to examine books and witnesses for tax administration purposes.
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 · 24 September 1997
Guadalupe-Hidalgo Treaty Land Claims Act of 1997 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties. Authorizes appropriations.
United States · United States Congress · 23 September 1997
Congressional Pay Integrity and Accountability Act of 1997 - Amends the Legislative Reorganization Act of 1946 to eliminate automatic pay adjustments for Members of Congress. Requires the annual rate of pay for Members to be the rate payable as of the enactment of this Act, until such rate is adjusted under provisions of the Federal Salary Act of 1967 or other provision of law.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Management of Grazing on Federal Lands Title II: Miscellaneous Forage Improvement Act of 1997 - Title I: Management of Grazing on Federal Lands - Sets forth requirements for grazing on Federal lands concerning: (1) monitoring and inspection; (2) subleasing; and (3) fees and charges. Directs the Secretaries of Agriculture and the Interior to jointly establish and operate a Resource Advisory Council on a State, regional, or local level to provide related land use and management assistance. Title II: Miscellaneous - Sets forth effective date and implementing regulation provisions.
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
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
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 · 18 September 1997
Supports National Mammography Day and urges all American women to take an active role in the fight against breast cancer by all means available to them. Calls for recognition of the role played by community organizations and health care providers in promoting awareness of the importance of regular mammograms and in helping to expand the availability of low-cost mammograms.
United States · United States Congress · 17 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 16 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2000; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2000. Prohibits the provisions of the preceding sentence from applying to taxes imposed by the following chapters of the Code: (1) two (relating to the tax on self-employment income); (2) 21 (Federal Insurance Contributions Act); and (3) 22 (Railroad Retirement Tax Act).
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
![Official portrait of Rep. Cunningham, Randy (Duke) [R-CA-50]](https://www.congress.gov/img/member/f7a20214ed0287681c64239810f66010_200.jpg)