United States · United States Congress · 8 November 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons 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. Excludes from identification in such reports any such persons who were previously identified or sanctioned, who are subject to a waiver, or who have acted on behalf of, or in concert with, the United States. 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 on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged. Expresses the sense of the Congress that the President should exercise the authority granted to him under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to prevent: (1) the transfer through purchase, barter, or other acquisition of weapons-related material and delivery systems to Iran; and (2) the transfer to Iran of scientific and technical expertise with respect to such material and systems. Authorizes the use of certain assistance, otherwise available for the independent states of the former Soviet Union under the Foreign Assistance Act of 1961, to prevent such transfers.
United States · United States Congress · 7 November 1997
Multichannel Video Competition and Consumer Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) initiate, and report to specified congressional committees on, an inquiry on the extent to which a certain differential fee decision (relating to the per subscriber per month royalty fee for the retransmission of superstation and distant network signals by direct-to-home satellite service providers) constitutes an impediment to the development of effective market competition for multichannel video programming distribution; and (2) based on such inquiry, make necessary regulatory changes. Includes direct-to-home satellite services under provisions protecting telecommunications services from piracy. Prohibits any U.S. officer or employee from taking any action to implement or enforce the differential fee decision until 120 days after FCC submission of its report.
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
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
Amends the Occupational Safety and Health Act of 1970 (OSHA) to require certain notices in the Federal Register to include identification of the specific industry or industries to which the OSHA standard, to be promulgated under the OSHA rule, will apply. Directs the Secretary of Labor to ensure that the OSHA standard, as applicable to each such industry, is based upon: (1) an assessment of the risks to workers in such industry from the hazard which is the subject of the standard; (2) the range of estimates and the best estimate of the quantifiable and nonquantifiable benefits of the standard in each such industry; and (3) an analysis of the costs likely to occur in each such industry as a result of compliance with the standard.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to exempt safety and health assessments, audits, and reviews conducted by or for an employer from disclosure in enforcement actions under such Act, with specified exceptions.
United States · United States Congress · 7 November 1997
Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a compliance assistance program of cooperative agreements with the States, under which employers may consult with State officials about compliance with occupational safety and health requirements as well as voluntary efforts employers may undertake. Requires States, under such agreements, to provide on-site consultation upon employer request. Authorizes States to provide other education and training programs for employers and employees. Requires such program activities to be conducted independently of enforcement activities. Exempts employers from certain inspections if they request and undergo on-site consultative visits and correct identified hazards and agree to request subsequent visits if there are major changes in working conditions or processes which introduce new hazards. Requires at least 90 percent of funds appropriated for compliance assistance activities under OSHA to be used for such compliance assistance program.
United States · United States Congress · 7 November 1997
Prohibits the Secretary of Labor from establishing any performance measures for any subordinate within the Occupational Safety and Health Administration (including any regional director, area director, supervisor, or inspector) with respect to the number of inspections conducted, citations issued, or penalties assessed.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to revise requirements for issuance of citations to employers for violations of certain standards, rules, orders, or regulations. Exempts from citation for such a violation any employer who: (1) has no employees exposed to the violation; and (2) has not created the condition that caused the violation or assumed responsibility for ensuring compliance by other employers on the work site.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to direct the Secretary of Labor, upon determination that a rule should be promulgated or modified in order to serve the objectives of such Act, to appoint an advisory panel to review the scientific and economic data which forms the basis for such standard and the relevance of the data to industries and workers which would be affected by the standard. Requires reports of the panel, including any individual and minority reports, to be published together with any proposed or final rule on the standard. Directs the Secretary to provide a written response to all significant comments of the panel and include such responses with the proposed or final rule to which the reports of the panel members are attached. Makes such requirements inapplicable when the rule is completed through negotiated rulemaking.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to waive penalties for certain OSHA violations by small business concern employers. Provides for waiver of up to 100 percent of the penalty otherwise proposed for such a violation if an employer corrects the violation within the time set for abatement. Provides, if the employer does not correct the violation within such time, for waiver of up to 100 percent of such penalty to the extent that such employer uses the amount which would have been paid as the penalty for correction of the violation. Makes such waivers applicable where: (1) the employer has made a good faith effort to comply with applicable regulations; and (2) the violation does not constitute a significant threat to an employee's health or safety.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to revise requirements for issuance of citations to employers for violations of certain standards, rules, orders, or regulations. Allows an employer to provide methods of protection alternative to federally required methods if they are equally or more protective of the safety and health of the employees in the factual circumstances at issue than those required by such standard, rule, order, or regulation. Requires issuance of a citation for a violation if the employer has not complied with Federal rules and standards or has not provided such an alternative method of protection.
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
Naturalization Reform Act of 1997 - Amends the Immigration and Nationality Act to make criminal deportation a bar to U.S. naturalization. (Sec. 3) Establishes a ten-year period of good moral character for naturalization purposes. (Sec. 4) Requires a fingerprint and criminal background check of certain aliens and alien sponsors. (Sec. 5) Requires an Immigration and Naturalization Service (INS) personal interview as part of the permanent resident adjustment of status and naturalization procedures. (Sec. 7) Authorizes citizenship testing by private entities. Sets forth related provisions, including a report by the Comptroller General of the United States of such testing's integrity. (Sec. 8) Establishes a civil penalty for failure to report the loss, theft, or destruction of a resident alien card. Requires the surrender, or an affidavit of loss, theft, or destruction, of a resident alien card upon naturalization. (Sec. 9) Revises revocation of naturalization provisions with respect to materiality and presumption of willfulness. (Sec. 10) Directs the Attorney General to provide for ongoing review of INS naturalization compliance.
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 · 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 · 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 · 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 · 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 · 1 October 1997
Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to repeal the authority and mandate for incentive payments under plans for voluntary reduction in the number of residents in a graduate medical education residency training program. Amends the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from approving or providing any payments for any demonstration project that provides for additional Medicare payments in connection with such a reduction for any residency training year beginning on or after July 1, 1998 (currently before July 1, 2006). Provides that the April 1995 Health Care Financing Administration interpretation of Medicare secondary payer requirements for group health plans with regard to individuals with end stage renal disease (ESRD) shall not apply retroactively to a group health plan that paid benefits primary to SSA title XVIII (but would have paid benefits secondary to such title in the absence of such requirements) on or after August 10, 1993, and before April 24, 1995, on behalf of certain individuals who became entitled or eligible for the ESRD program. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend COBRA continuation coverage for qualified ESRD Medicare beneficiaries for 36 months. Amends SSA title XVIII to provide for an extension of the Medicare ESRD secondary payer period from 30 to 36 months.
United States · United States Congress · 1 October 1997
Marriage Penalty Relief Act - Amends the Internal Revenue Code to allow as a deduction, on a joint return, an amount equal to the lesser of: (1) $30,000; or (2) the qualified earned income of the spouse with the lower qualified earned income.
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
Emergency Student Loan Consolidation Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to allow until October 1, 1998, the consolidation, under the Federal Family Education Loan Program (FFELP), of all of a student's loans under both the FFELP and the Direct Loan Program. (Authorizes such consolidation of loans under both programs into single FFELP consolidation loans, which may be administered by entities other than the Department of Education, for an emergency period until October 1, 1998, to provide time to reduce a backlog in processing consolidation of both types of loans into Direct Lending Consolidation loans administered by the Department of Education.) Reduces the amount of certain funds available for administrative expenses under HEA student assistance provisions.
United States · United States Congress · 23 September 1997
Forest Recovery and Protection Act of 1997 - Directs the Secretary of Agriculture to begin a national program of U.S. forest land recovery and protection. Sets forth program provisions. (Sec. 5) Establishes a Scientific Advisory Panel to assist the Secretary. (Sec. 6) Directs the Secretary to conduct an initial number of advance recovery projects. (Sec. 7) Establishes in the Treasury the Forest Recovery and Protection Fund. (Sec. 8) Authorizes appropriations. (Sec. 10) Directs the Secretary to establish a program of forest inventorying, monitoring, and analysis.
United States · United States Congress · 23 September 1997
Student Loan Options Act - Amends the Higher Education Act of 1965 (HEA) to allow two-way consolidation of all of a student's Federal student assistance loans under either the Federal Family Education Loan Program (also known as Federal Stafford or guaranteed loans) or the Federal Direct Loan program. Reduces the amount of certain funds available for administrative expenses under the HEA student assistance program.
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 · 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.
United States · United States Congress · 11 September 1997
TABLE OF CONTENTS: Title I: Improving the Regulation and Labeling of Food Title II: Effective Date Food and Nutrition Information Reform Act - Title I: Improving the Regulation and Labeling of Food - Amends Federal Food, Drug, and Cosmetic Act provisions relating to food nutrition levels and health-related claims to allow certain regulations to be effective on publication at the discretion of the Secretary of Health and Human Services. (Sec. 102) Modifies requirements regarding petitions to issue a regulation on health-related claims. (Sec. 103) Allows a health or nutrient content claim not authorized by the Secretary if: (1) a U.S. governmental scientific body with public health protection or research responsibility directly relating to human nutrition has published an authoritative statement, currently in effect, about the relationship to which the health claim refers or setting forth a basis for the nutrient claim; (2) a person has notified the Secretary; (3) the claim and food are in compliance with certain requirements; and (4) the claim is stated in a way that it is an accurate representation of the authoritative statement and in a way that it enables the public to understand the information and its significance. (Sec. 105) Requires, if a nutrient claim is made and the food contains a nutrient at a level that increases to persons in the general population the risk of a disease or health-related condition that is diet-related, that the label contain, close to the claim, a statement referring to the nutrition information elsewhere on the label. (Sec. 107) Revises oleomargarine sale and labeling requirements. Repeals provisions relating to: (1) a congressional declaration of policy regarding oleomargarine sales; and (2) noncontravention of State oleomargarine laws. Title II: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1997
Parents and Students Savings Account Plus Act - Amends the Internal Revenue Code with respect to education individual retirement accounts to: (1) include qualified elementary and secondary education expenses (including home schooling); and (2) increase annual contribution limits to $2,000.
United States · United States Congress · 1 August 1997
Expresses the sense of the House of Representatives that the Department of Education should not expend funds in FY 1997 or in any subsequent year for the planning, development, implementation, or administration of any national testing proposal in reading, mathematics, or any other subject area until such time as Congress provides specific, explicit statutory authority.
United States · United States Congress · 31 July 1997
Wireless Privacy Enhancement Act of 1997 - Amends the Communications Act of 1934 to prohibit modifying any electronic communication device, equipment, or system in a manner which fails to comply with regulations governing electronic eavesdropping devices. Directs the Federal Communications Commission (FCC): (1) to prescribe regulations denying equipment authorization for any scanning receiver capable of being equipped with devices that decode encrypted radio transmissions for purposes of unauthorized interception; and (2) in response to changes in technology or behavior, to review and revise its definition of a "scanning receiver capable of readily being altered" as necessary to prevent commerce in devices that may be used unlawfully to intercept or divulge radio communication. Revises penalties for the unauthorized publication or use of electronic communications so as to apply to the unauthorized receipt, interception, divulgence, publication, or utilization of any such communication. Directs the FCC to investigate alleged violations and proceed to initiate action to impose forfeiture penalties.
United States · United States Congress · 31 July 1997
Amends the Tariff Act of 1930 to require imported frozen produce to be marked with the country of origin on the front panel of the package for retail sale.
United States · United States Congress · 31 July 1997
Interstate Compact - Alabama-Coosa-Tallapoosa River Basin Compact - Grants the consent of the Congress to the Alabama-Coosa-Tallapoosa River Basin Compact between Alabama and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases. Conditions the consent of the Congress to, and participation of the United States in, the Compact on specified conditions and reservations with respect to participation of Federal agencies during the development of the allocation formula used to determine an equitable apportionment of surface water between the two States. Authorizes appropriations.
United States · United States Congress · 31 July 1997
Interstate Compact - Apalachicola-Chattahoohee-Flint River Basin Compact - Grants the consent of Congress to the Apalachicola-Chattahoochee-Flint River Basin Compact among Alabama, Florida, and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases. Conditions the consent of the Congress to, and participation of the United States in, the Compact on specified conditions and reservations regarding participation of Federal agencies during the development of the allocation formula used to determine an equitable apportionment of surface water among the three States. Authorizes appropriations.
United States · United States Congress · 31 July 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 30 July 1997
TABLE OF CONTENTS: Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service Subtitle A: Executive Branch Governance and Senior Management Subtitle B: Personnel Flexibilities Title II: Electronic Filing Title III: Taxpayer Protection and Rights Title IV: Congressional Accountability for the Internal Revenue Service Subtitle A: Oversight Subtitle B: Budget Subtitle C: Tax Law Complexity Internal Revenue Service Restructuring and Reform Act of 1997 - Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service - Subtitle A: Executive Branch Government and Senior Management - Amends the Internal Revenue Code (IRC) to replace current provisions establishing the office of the Commissioner of Internal Revenue with provisions establishing the Internal Revenue Service Oversight Board (the Board). Requires that seven of the nine members of the Board not be full-time Federal officers or employees. Requires that all Board members have expertise in, among other things: (1) management of large service organizations; (2) customer service; and (3) the needs and concerns of taxpayers. Requires the Board to: (1) review and approve strategic plans of the Internal Revenue Service (IRS); (2) review the operational functions of the IRS; (3) select the Commissioner of Internal Revenue (Commissioner), as well as senior IRS managers, and review the Commissioner's reorganization plans; and (4) review and approve the IRS budget request, as well as ensure audits of the IRS. (Sec. 102) Replaces current provisions which authorize the Secretary of the Treasury (Secretary) to employ such personnel as necessary for the proper administration and enforcement of the internal revenue laws with provisions requiring there to be in the Department of the Treasury a Commissioner who shall be appointed by the Board for a five-year term. Sets forth the duties of the Commissioner, including the: (1) administration and management of the internal revenue laws; and (2) Commissioner's responsibility to consult with the Board. Establishes and sets forth duties for: (1) a Chief Counsel for the IRS to be appointed by the President; (2) the Office of Employee Plans and Exempt Organizations; (3) an Office of the Taxpayer Advocate. (Sec. 103) Replaces current provisions concerning the effect of reorganization plans with provisions which authorize the Commissioner to employ such number of persons as proper to administer and enforce the internal revenue laws. Subtitle B: Personnel Flexibilities - Directs the Commissioner to establish a performance management system covering IRS employees which: (1) establishes retention standards; and (2) establishes performance goals or objectives. Provides for awards based on performance, but prohibits making an award solely on the basis of tax enforcement results. Sets forth other provisions concerning: (1) classification and pay; (2) staffing; and (3) demonstration projects. Title II: Electronic Filing - Provides for paperless filing and payment of taxes. Title III: Taxpayer Protection and Rights - Sets forth provisions concerning taxpayer protections and rights, including provisions concerning: (1) authority to issue taxpayer assistance orders; (2) authority to award costs and fees; (3) damages for negligence in collection actions; (4) criteria and procedures for selecting taxpayers for examination; (5) archival treatment of IRS records; (6) freedom of information; (7) offers-in-compromise; (8) jurisdiction of the Tax Court; (9) cataloging of complaints; and (10) procedures for taxpayer interviews. (Sec. 309) Eliminates the interest differential on overpayments and underpayments. (Sec. 310) Eliminates the failure to pay penalty as long as an installment payment agreement is in effect. (Sec. 311) Directs the Secretary to accept installment tax liability payments if: (1) such liability does not exceed $10,000; (2) the taxpayer has, during the past five years, paid on time; and (3) the taxpayer has not entered into a prior installment agreement. (Sec. 313) Directs the Secretary to make grants to provide matching funds for qualified low-income taxpayer clinics. (Sec. 319) Provides for studies concerning: (1) taxpayer confidentiality; (2) penalty administration; (3) treating all taxpayers as separate filing units; and (4) burden of proof. Title IV: Congressional Accountability for the Internal Revenue Service - Subtitle A: Oversight - Authorizes the Joint Committee on Taxation (Joint Committee) to procure the services of experts for investigations of the IRS by the General Accounting Office. (Sec. 402) Establishes additional reporting requirements for the Joint Committee. Subtitle B: Budget - Provides for additional budget authority for the IRS, but only on annual basis and only if specified improvements are made in taxpayer services. (Sec. 413) Directs the Commissioner to convene a financial advisory management group to advise the Commissioner. Subtitle C: Tax Law Complexity - Expresses the sense of the Congress that the IRS should provide the Congress with an independent view of tax administration. (Sec. 422) Requires a Senate or House of Representatives committee, when reporting legislation including any provision amending the IRC, to contain within the report a Tax Complexity Analysis. (Sec. 423) Declares it to be the policy of the Congress that employers should have a single point of filing tax and wage reporting information. (Sec. 424) Requires the Joint Committee to prepare a study of the feasibility of developing a baseline estimate of taxpayers' compliance burdens against which future legislative proposals could be measured.
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
Requires each State to establish an Advisory Board for Risk Assessment which shall comply with the requirements and guidelines regarding notification and release of sexually violent offenders established for a State board under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act and under this Act. Directs: (1) the Chief Executive Officer of each State (CEO) to develop guidelines and procedures for use by the Board to assess the risk of a repeat offense by such an offender and the threat posed to the public safety; and (2) any State or local correctional facility, hospital, or institution to forward relevant information pertaining to a sex offender to be discharged, paroled, or released to the Board for review prior to the release (and provides for the confidentiality of records so provided, with exceptions). Requires the Board to use the guidelines established under this Act to recommend to the appropriate State court one of three levels of notification. Directs such court to: (1) make a determination regarding the level of notification after receiving a tier recommendation from the Board; and (2) upon the reversal of a conviction of a sexual offense, order the expungement of any records required to be kept pursuant to this Act. Sets forth provisions regarding: (1) penalties for misuse of registration information; (2) juvenile offenders; (3) official immunity from liability; and (4) exclusion of the victim's identity from public access or dissemination. Requires: (1) each CEO to establish reasonable notification requirements and to appoint a voluntary advisory council to design a policy to assist communities in which a sex offender resides to plan and prepare for such a resident; and (2) the department required to coordinate the sex offender registration program to compile and update offender information.
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 · 17 July 1997
National Debt Repayment Act of 1997 - Amends the Congressional Budget Act of 1974 to require concurrent resolutions on the budget, beginning with the one for the first fiscal year after there is a surplus, to set forth totals of budget outlays and Federal revenues for the budget year and each fiscal year concerned such that the annual rate of change in outlays is at least one percentage point lower than the corresponding change in revenues for each such year. Permits the Congress to waive such requirement for fiscal years in which a declaration of war is in effect or the United States is engaged in military conflict posing a serious threat to national security or for the budget year and the next fiscal year if real economic growth has been negative for two consecutive calendar quarters. Amends Federal law to require the Secretary of the Treasury to use any budget surplus for a fiscal year, with one-third allocated to each of the following, to: (1) exchange special issue nonmarketable Government bonds in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund with marketable Government securities; (2) invest in marketable Government securities to be held in a Tax Cut Offset Trust Fund to offset future revenue reductions; and (3) exchange special issue nonmarketable Government securities in the Highway Trust Fund and the Hazardous Substance Superfund with marketable ones. Requires the surplus to be allocated, in specified increments, to repay the public debt when Government trust funds, including those described above, no longer hold nonmarketable securities. Prohibits receipts and disbursements of Government trust funds, in an amount up to the value of marketable Government securities contained in any such fund, from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal or congressional budgets or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such receipts and disbursements from any statutory general budget limitation on expenditures and net lending. Directs the Secretary, upon expenditure from a trust fund of any money not so counted, to sell a corresponding amount of marketable Government securities from the fund and reduce its balance accordingly.
United States · United States Congress · 26 June 1997
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to limit the amount of Hazardous Substance Superfund expenditures for administration, oversight, support, studies, design, investigations, monitoring, assessment, evaluation, and enforcement activities to: (1) 25 percent of total Superfund monies in FY 1998 through 2000; and (2) 20 percent of such total in FY 2001 and thereafter. Directs the Administrator of the Environmental Protection Agency to report to the Congress on any regulatory or statutory relief required to operate under such funding limitations.
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
Constitutional Amendment - Provides that: (1) two-thirds of the legislatures of the several States may propose an amendment to the Constitution by enacting identical legislation; and (2) the legislature first proposing the amendment shall submit it to the Congress. Deems such proposed amendment to be submitted to the several States for their consideration if, before the date of the second adjournment of the Congress sine die occurring after the amendment is submitted to the Congress two-thirds of each House: (1) vote against legislation expressly disapproving the amendment; or (2) have not voted for legislation expressly disapproving the amendment.
![Official portrait of Rep. Deal, Nathan [R-GA-9]](https://www.congress.gov/img/member/d000168_200.jpg)