United States · United States Congress · 31 March 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States (but not the ultimate consumers of oilheat). Permits State participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) establish a program coordinating its operation with that of any similar State, local, or regional program; and (2) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs. Empowers the Alliance to bring suit in Federal court to compel compliance with any assessments it levies.
United States · United States Congress · 30 March 1998
Prohibits the Secretary of Health and Human Services, during the year following enactment of this Act, from modifying regulations in effect as of enactment of this Act with respect to the operation of the Organ Procurement and Transplantation Network under the Public Health Service Act, including regulations concerning the Network under the Social Security Act. Declares that, during such one-year period, a specified final rule published in the Federal Register has no legal effect.
United States · United States Congress · 30 March 1998
Expresses the sense of the Congress that: (1) the Government of Cuba should extradite to the United States convicted murderer Joanne Chesimard and all other individuals currently living freely in Cuba who have fled the United States to avoid prosecution or confinement for criminal offenses; and (2) the extradition of such criminals should be a top priority for the U.S. Government.
United States · United States Congress · 27 March 1998
Protecting American Small Business Trade Act of 1998 -Provides that any person who has entered into a contract, license, or other agreement (contract) with a foreign entity before July 1, 1985, that contains a provision to settle any controversy by arbitration shall not be barred from bringing an action in any court of competent jurisdiction in the United States, including any Federal or State court, or from seeking appropriate relief from any U.S. agency to resolve any controversy. Requires actions to be brought under this Act within 180 days after its enactment.
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
United States · United States Congress · 26 March 1998
Urges the Congress and the President to give programs under the Individuals with Disabilities Education Act (IDEA) the highest priority among Federal education programs by working to fund the maximum State grant allocation for educating children with disabilities under such Act.
United States · United States Congress · 19 March 1998
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Declares such medals to be national medals.
United States · United States Congress · 18 March 1998
Independent Commission on Campaign Finance Reform Act of 1998 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than the expiration of the 180-day period that begins on the date on which the second session of the 105th Congress adjourns, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
United States · United States Congress · 11 March 1998
Ticket to Work and Self-Sufficiency Act of 1998 - Amends part A of title XI of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which an SSA title XVI Supplemental Security Income (SSI) or an SSA title II Old Age, Survivors and Disability Insurance (OASDI) program disabled beneficiary may use a ticket to work and self-sufficiency issued by the Commissioner to obtain employment services, vocational rehabilitation services, or other support services from an employment network of the beneficiary's choice which is willing to provide such services pursuant to an appropriate individual employment plan. (Sec. 2) Authorizes State agencies to elect to participate in the program as employment networks coordinating and delivering services to individuals with tickets to work and self-sufficiency. Permits private entities to be employment networks. Requires the Commissioner to enter into agreements with private or public organizations to serve as program managers which shall: (1) recruit and recommend employment networks for the Commissioner's selection; as well as (2) ensure that employment services, vocational rehabilitation services, and other support services are provided to beneficiaries throughout the geographic area covered under the program manager's agreement, including rural areas. Requires an employment network to develop and implement an individual employment plan for each beneficiary in a manner affording the beneficiary an opportunity to exercise informed choice in selecting an employment goal and specific services needed to achieve it. Outlines an outcome payment system and an outcome-milestone payment system, either of which an employment network may elect to receive TWSSP funds. Provides for funding of TWSSP out of amounts transferred from the OASDI trust funds and appropriations authorized for the Social Security Administration under SSA title XVI. Establishes in the Social Security Administration the Ticket to Work and Self-Sufficiency Advisory Panel for use in connection with TWSSP. Authorizes appropriations. Directs the Commissioner to establish a corps of trained, accessible, and responsive work incentive specialists to specialize in OASDI and SSI disability work incentives for the purpose of disseminating accurate information to disabled beneficiaries with respect to inquiries and issues relating to work incentives. Directs the Commissioner to conduct demonstration projects to evaluate a program for OASDI disability beneficiaries providing for reductions in disability insurance benefits based on earnings. (Sec. 3) Amends title II of the Social Security Act to provide for extended Medicare coverage for OASDI disability benefit recipients who are using tickets to work and self-sufficiency. (Sec. 4) Amends the Internal Revenue Code to allow an income tax credit for 50 percent of the impairment-related work expenses of handicapped individuals (up to $5,000).
United States · United States Congress · 10 March 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2001, the duty on: (1) organic luminescent pigments, dyes and fibers for security applications; and (2) 4-hexylresorcinol.
United States · United States Congress · 10 March 1998
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2001, the duty on: (1) polymethine photosensitizing dyes for photo-imaging applications; and (2) potassium hexafluorozirconate and hexafluorozirconium acid (fluorozirconium compounds).
United States · United States Congress · 5 March 1998
TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.
United States · United States Congress · 26 February 1998
Affordable Housing Improvement Act of 1998 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling. Modifies provisions concerning: (1) the criteria for allocating housing credits among projects; (2) the responsibilities of housing credit agencies; and (3) the basis of a credit-eligible building.
United States · United States Congress · 26 February 1998
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 26 February 1998
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
United States · United States Congress · 12 February 1998
Equality for Israel at the United Nations Act of 1998 - Expresses the sense of the Congress that: (1) the United States must promote an end to the exclusion of Israel from any of the United Nations regional blocs, including rotating membership on the UN Security Council; and (2) the U.S. Ambassador to the UN should take all steps necessary to ensure Israel's acceptance in the Western Europe and Others Group regional bloc (membership which includes the non-European countries of Canada, Australia, and the United States). Directs the Secretary of State to report to appropriate congressional committees on efforts taken to achieve such goals.
United States · United States Congress · 12 February 1998
Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.
United States · United States Congress · 12 February 1998
Expresses the sense of the Congress that the United States should demand that Yasir Arafat and the Palestinian Authority transfer to the United States, for prosecution, those residents of its territory who are suspected in the killings of American citizens.
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 4 February 1998
Expresses the sense of the Congress that national goals should include providing access to affordable housing and expanding home ownership opportunities pursued through policies of tax incentives and private and public sector activities.
United States · United States Congress · 27 January 1998
Directs the Secretary of the Army, in the case of any individual for whom the Secretary waives the eligibility requirements for interment in Arlington National Cemetery, to: (1) furnish the name of such individual to the Senate and House Veterans' Affairs Committees; and (2) publish such name in the Federal Register. Mandates that such requirements be met before interment, or, in special circumstances, within five days after such interment. Directs the Secretary to: (1) provide such committees the names of persons requesting such a waiver each year; and (2) notify any person requesting such a waiver of the reporting requirements of this Act.
United States · United States Congress · 27 January 1998
Requests that the U.S. Postal Service issue a commemorative postage stamp in 1999 in honor of the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 13 November 1997
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a series of postage stamps in recognition of recipients of the Congressional Medal of Honor.
United States · United States Congress · 12 November 1997
Amends the Federal judicial code to provide an exception to the jurisdictional immunity of foreign states by granting jurisdiction to the U.S. courts for claims in which money damages are sought against the Socialist People's Libyan Arab Jamahiriya arising out of the destruction of Pan American World Airways Flight 103. Specifies that such a cause of action shall survive the death, and pass to the estate, of the claimant. Makes an exception to immunity from attachment in such cases.
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves 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 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 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, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.
United States · United States Congress · 8 November 1997
Prohibits the Secretary of Transportation from imposing any requirement with respect to the unloading of a cargo tank vehicle in liquefied compressed gas service that has the effect of: (1) requiring more than one attendant for the unloading; or (2) preventing the attendant from being positioned at the customer storage tank during the unloading.
United States · United States Congress · 7 November 1997
Amends the Federal Power Act with respect to procedures and administrative provisions to direct the Federal Energy Regulatory Commission (FERC) to: (1) calculate a generation performance standard (equal to a certain statutory tonnage cap) for oxides of nitrogen, sulfate fine particulate matter, and any other air pollutant released in significant quantities by electric generating units; (2) set forth schedules of statutory tonnage caps for emissions of oxides of nitrogen and sulfate fine particulate matter from covered electric generating units; and (3) promulgate by rule a national limit on total annual emissions of any other pollutant from covered electric generating units, expressed in tons. Prescribes procedural guidelines for: (1) allocation and trading of allowances; (2) penalties for excess emissions; and (3) periodic publication by FERC of its estimate of the total electric generation by covered electric generating units. Provides for citizen suits to enforce this Act.
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
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 · 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 · 30 October 1997
Authorizes the Secretary of the Interior to acquire up to 15 acres of land known as the Warren Property or Mount Kimble, to be included in and administered as part of Morristown National Historical Park.
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 · 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
Title I: Remedy Selection and Environmental Standards Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Brownfields Revitalization Title V: State Role Title VI: Natural Resources Damages Title VII: Oil Pollution Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Acceleration, Fairness, and Efficiency Act - Title I: Remedy Selection and Environmental Standards - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Authorizes remedial actions to achieve protection of human health and the environment through: (1) treatment that reduces the toxicity, mobility, or volume of hazardous substances, pollutants, or contaminants; (2) natural attenuation; (3) containment or other controls to limit exposure or release; (4) removal of contaminated media; (5) a combination of treatment, containment, and removal; or (6) other methods of protection. (Current law requires that actions in which treatment which permanently and significantly reduces the volume, toxicity, or mobility of such substances is a principal element are to be preferred over actions not involving such treatment.) Requires the President to give preference to remedies that include a treatment component for discrete areas within a facility that contain: (1) high concentrations of highly toxic substances that present such a threat to human health or the environment that it would be imprudent to rely solely on remedies that exclude such component; or (2) high concentrations of such substances that cannot be controlled reliably through engineered barriers and therefore could present such threats if not treated. Directs the President, in any case in which a selected action allows hazardous substances to remain on-site at a facility above concentration levels that would be protective for unrestricted use, to: (1) include, as an integral component of the remedy, restrictions on the use of land, water or other resources to provide long-term health and environmental protection; (2) not determine the remedy to be complete until a mechanism is established to ensure ongoing monitoring and operation and maintenance of the remedy and until necessary institutional controls are implemented and subject to monitoring and enforcement; and (3) ensure that such controls remain in effect as long as necessary to protect human health and the environment. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures except in extraordinary circumstances. Establishes public notice requirements with respect to the selection of remedies at facilities relying on such controls. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decision as an integral component of the remedy at facilities that are, or have been, on the National Priorities List (NPL). Requires the Administrator of the Environmental Protection Agency (EPA) to report annually to specified congressional committees on each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 104) Revises requirements for the degree of cleanup. Requires the President, in determining what is protective of human health and the environment, to conduct site-specific human health and ecological risk assessments. Bases human exposure assessments on the reasonably anticipated uses of land and water. Bases determinations of what is protective of plants and animals on the significance of impacts from a release or threatened release of hazardous substances to a local ecosystem and plant and animal communities or populations. Requires selected remedies to take into account reasonably anticipated beneficial uses of: (1) land at a facility and, as appropriate, of nearby property; and (2) groundwater that are or may be impacted by releases or threatened releases and the timing of such uses. Sets forth assumptions to be made by the Administrator regarding such uses. Requires remedial actions with respect to hazardous substances that will remain onsite to comply with requirements applicable to the operation of such actions and that will attain at least any promulgated concentration levels applicable to determining the level of cleanup for actions under: (1) a Federal environmental or facility siting law legally applicable to the substance concerned; or (2) a legally applicable State law that is identified by the State to the President as applicable at the facility to the proposed remedial alternative, that is of general applicability, and that is consistently applied to response actions in the State. Requires final remedies, to the extent technically practicable, to prevent impairment of any designated use of surface water under the Federal Water Pollution Control Act and to ensure that uncontaminated groundwater is protected from contamination unless: (1) the remedial action includes natural attenuation to facilitate restoration of groundwater to beneficial use within a reasonable period of time; (2) an alternative concentration limit has been adopted; or (3) the groundwater has no beneficial use. Requires final remedies to prevent or eliminate, at a minimum, human ingestion or exposure to drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternative water supply. (Sec. 105) Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. (Sec. 106) Authorizes the President, to expedite and increase the efficiency of the remedy selection process, to establish generic remedies where such remedies are demonstrated to be effective in protecting human health and the environment. Permits such remedies to provide for consideration of site-specific factors along with generic approaches for particular categories of sites. Waives the requirement for a site-specific risk assessment (other than a baseline) in cases where generic remedies are applied. Permits the Administrator to issue waivers of generic remedies if information submitted by the interested party demonstrates that a generic remedy is inappropriate or that another alternative can protect human health and the environment through less costly means. (Sec. 107) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 108) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. (Sec. 109) Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Authorizes the President to establish a different threshold for remedy review for U.S.-owned or operated facilities. Provides for public notice of such reviews. (Sec. 110) Directs the President to review past Superfund records of decision, upon request of an interested party within 12 months of this Act's enactment date, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits Community Advisory Groups, affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 203) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 204) Authorizes a State with an NPL site to establish a Superfund Site Information Office. Requires the Administrator to provide financial and other assistance to States for establishment and operation of such Offices. Directs the Administrator to establish such Offices within EPA for States that fail to do so. (Sec. 205) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to Community Advisory Groups or affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 207) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 208) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 25 individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide technical and administrative support for such Groups. (Sec. 209) Directs the Administrator to submit to the Congress and Superfund Site Information Offices a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Revises limits on obligations from the Hazardous Substance Superfund (Superfund) to continue response actions. Bars the President from taking or requiring response actions at any facility after $4 million has been expended or two years have elapsed from the date of initial response unless the facility is on or proposed to be on the NPL or: (1) continued response actions are required to prevent or mitigate an emergency; (2) there is immediate risk to public health or welfare or the environment; and (3) such assistance will not be otherwise provided on a timely basis. Revises confidentiality requirements with respect to information regarding response actions and applies such requirements to contractors. (Sec. 302) Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. (Sec. 304) Absolves of liability for response costs and damages certain owners or operators and contiguous property owners, including persons who inherited the property concerned or received it by charitable donation and government entities that acquired property involuntarily or through eminent domain, if such persons: (1) did not cause or contribute to the hazardous substance release that caused the incurrence of response costs; and (2) exercised due care with respect to such substance. Exempts from liability construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised due care upon discovery of such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. (Sec. 305) Absolves certain small businesses and de minimis parties of liability with respect to actions taken before October 23, 1997. Removes such exemption if the de minimis materials contribute significantly to response costs or to natural resource damages. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 306) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 307) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 308) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to provide authority for the Federal district court with jurisdiction to resolve disagreements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. Revises provisions regarding mixed funding to require the President to reimburse parties from Superfund where settlements or administrative orders require them to perform response actions at NPL sites where the costs will exceed the aggregate equitable shares of costs. Provides special conditions for funding with respect to settlements entered into, or orders issued, before October 23, 1997. Authorizes the President to delay reimbursements in fiscal years in which funds are unavailable. Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. (Sec. 309) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from liability for environmental response actions with respect to NPL facilities. 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 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 standards regarding such batteries. Deems transactions involving used oil to be arranging for recycling if the person involved demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material was not mixed with hazardous waste regardless of when generated; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; (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; (5) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act; and (6) the transaction was not for the purpose of recycling used oil by using it for dust suppression. Makes the exemptions from liability 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 (in the case of materials other than used oil) 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: (1) polychlorinated biphenyls in excess of the threshold for regulation under the Toxic Substances Control Act; or (2) a concentration of a solid waste determined by the Administrator to be inherently waste-like (including certain hazardous wastes and sludges) pursuant to specified Federal regulations. (Sec. 310) Requires the President, upon request of two or more PRPs at an NPL facility or vessel, to initiate an allocation for a response action at such facility or vessel if: (1) the action is not the subject of a consent decree entered, or an administrative order issued, before October 23, 1997; and (2) the aggregate costs of all actions at such facility or vessel are estimated to exceed $5 million. Provides for allocations, upon request of such parties, for actions that are undergoing construction pursuant to such decrees or orders if provided for under Section 311 of this Act. Makes the allocation process inapplicable to any U.S.-owned or operated facility or vessel and any facility or vessel for which there is only one PRP or for which there has been a final settlement, decree, or order that determines the allocated shares of all PRPs. Sets forth requirements for the President in initiating the allocation process. Authorizes the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth requirements for the selection of a neutral, third party allocator by PRPs or the President. Describes the allocator's authorities. Authorizes the allocator, based on collected information, to amend the list of PRPs to add, delete, or change the status of such parties. Permits allocation parties to submit the names of additional PRPs to the allocator. Sets forth procedures for the allocation of response costs to PRPs and Superfund by the allocator. Divides unattributable shares pro rata among the allocation parties and Superfund. Requires the allocator to issue an allocation report identifying the share of response costs attributable to each party, individually and by category, and to Superfund. Permits private allocations submitted by allocation parties to be adopted as the allocation report under certain conditions. Sets forth: (1) confidentiality requirements with respect to documents submitted to the allocator; (2) conditions under which the Administrator and Attorney General may reject the allocator's report; and (3) requirements for accepting settlements based on allocations. Authorizes the United States to commence an action against any allocation party that has not resolved its liability to the United States following an allocation. (Sec. 311) Sets forth conditions under which parties responsible for carrying out response actions pursuant to consent decrees entered, or administrative orders issued, before October 23, 1997, shall be entitled to mixed funding. Title IV: Brownfields Revitalization - Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Makes Superfund monies available for such grants. (Sec. 402) Authorizes the Administrator to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 1998 through 2002 for such assistance. (Sec. 403) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the NPL at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action if a voluntary response action is being conducted under an approved State plan or the action has been certified as complete by a State. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. Title V: State Role - Authorizes the Administrator to delegate authority to States to take specified actions at NPL facilities, including actions relating to response, liability, settlements, allocations, Federal facilities, remedy selections, and community participation. Sets forth administrative provisions and restrictions on such authority. Authorizes States to request delisting of NPL facilities for which responsibility has been transferred. Permits the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States to which authorities have been delegated. (Sec. 502) Allows the Administrator to authorize States to implement a State hazardous substance response program in lieu of the response action authorities of this Act at any NPL facility. Sets forth administrative provisions and restrictions on such authority. Permits States to delist a facility from the NPL if no further action to address the contamination is necessary to protect health and the environment or cleanup is proceeding under the Solid Waste Disposal Act. Authorizes the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States implementing State response programs. (Sec. 503) Requires the Administrator to provide grants to, or enter into contracts with, States to which authorities have been delegated. Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and the costs of operation and maintenance. (Sec. 506) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. Authorizes the President to add a facility without a Governor's concurrence 12 months following the request for concurrence if the Governor has not taken a response action to address the release or threatened release at the facility and the facility presents sufficient risks under the Hazard Ranking System to be listed as a national priority. Provides for deferrals to listing if long-term remedial action will be conducted under other Federal authorities or if remedial action that will provide long-term health and environmental protection is underway under a State response program. (Sec. 507) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 508) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. Title VI: Natural Resources Damages - Revises provisions regarding liability for natural resources damages to include the governments of foreign countries whose natural resources are damaged in the list of parties to which a charged party may be liable. (Sec. 604) Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes and foreign governments. (Sec. 606) Limits the measure of damages to a natural resource to: (1) reasonable costs of restoration; (2) the loss of use by the public of the resource prior to restoration, except that any loss before December 11, 1980 (CERCLA's enactment date), shall not be recoverable; and (3) costs of reasonable assessment of damages to the resource. Bars recovery for psychological damages. (Sec. 607) Sets forth requirements for damage assessments by Federal, State, Indian tribe, and foreign trustees. (Sec. 608) Requires all assessments to be adjudicated in a de novo trial in a Federal district court. Provides for public participation in the damage assessment process. Limits admissibility of relevant evidence that is not made public. (Sec. 610) Permits sums recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 611) Precludes trustees who receive compensation for natural resources damages or claims pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for natural resources damages where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 613) Requires a foreign claimant, in order to recover such damages, to demonstrate that: (1) he or she has not been otherwise compensated for such damages; and (2) recovery is authorized by an agreement between the United States and the claimant's country or the Secretary of State has certified that such country provides a comparable remedy for U.S. claimants. Permits foreign claims for damages resulting from a release or threatened release in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country only if the release is from: (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; or (3) a vessel carrying a hazardous substance as cargo between two places in the United States. (Sec. 614) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title VII: Oil Pollution - Amends the Oil Pollution Act of 1990 to make amendments conforming to those made to CERCLA in Title VI of this Act with respect to natural resources damages, recovery, and liability. Title VIII: Miscellaneous - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to the Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 803) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. Title IX: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1997, and before January 1, 2003. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund.
United States · United States Congress · 25 September 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Issues Title II: Improved Bankruptcy Administration Responsible Borrower Protection Bankruptcy Act - Title I: Consumer Bankruptcy Issues - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy (under chapter 7 (Liquidation)) if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Modifies notice requirements to apprise a consumer debtor of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 104) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 105) Instructs the bankruptcy court to confirm the bankruptcy plan of an individual if it provides that the holder of a secured allowed claim retains the lien securing such claim until discharge of all debts. (Sec. 106) Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 107) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 108) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim determined under applicable non-bankruptcy law has been paid in full as of the date of conversion. (Sec. 109) Terminates the automatic stay 30 days after filing of a petition if a petition was pending and dismissed under chapter 7 the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 110) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 111) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 112) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 113) Establishes the Bankruptcy Exemption Study Commission to study and report to the Congress on issues and problems in the bankruptcy system, including whether exemptions should be uniform nationally, and the appropriate size of exemptions in individual cases. Authorizes appropriations. (Sec. 114) Mandates that a chapter 13 debtor file a bankruptcy plan within a specified deadline. (Sec. 115) Changes from discretionary to mandatory the court's authority to dismiss an individual debtor case if relief would be a substantial abuse of chapter 7. Requires the court to find that substantial abuse exists if: (1) the debtor is ineligible for chapter 7 relief under the needs-based test; or (2) the totality of the circumstances of the debtor's financial situation demonstrate substantial abuse. (Sec. 116) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 117) Mandates a maximum five-year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. (Sec. 118) Revises prescriptions governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought Chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 120) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile, or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a Chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. (Sec. 121) Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Title II: Improved Bankruptcy Administration - Modifies the organization of bankruptcy courts to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 202) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 203) Directs the Administrative Office to establish and maintain a nationwide debtors' docket accessible to searches by any users. (Sec. 204) Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 207) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Terminates such stay if the debtor fails to complete an intended surrender of consumer debt collateral. (Sec. 210) Expands debtor's duties to require filing with the bankruptcy court: (1) Federal tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from the commencement of the case until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 211) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 212) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 213) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection.
United States · United States Congress · 18 September 1997
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
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 · 4 September 1997
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 3 September 1997
Internet Gambling Prohibition Act of 1997 - Amends the Federal criminal code to provide penalties against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions. Authorizes the Federal Communications Commission to enforce against interstate computer service providers regulations prohibiting the interstate or foreign transmission of gambling information. Authorizes injunctive relief against such carriers or providers. Expresses the sense of the Congress that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of gambling information as well as any communication that entitles the transmitter or recipient to receive money or credit as a result of bets or wagers. Requires a report from the Attorney General to the Congress concerning the enforcement of such gambling regulations and related recommendations.
United States · United States Congress · 3 September 1997
Amends the Balanced Budget Act of 1997, as amended by the Taxpayer Relief Act of 1997, to repeal the provision crediting the increase in excise taxes on certain tobacco products against payments made pursuant to specified tobacco industry settlement legislation.
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
Prohibits construction of any monument, memorial, or other structure on the parcel of Federal land located south of Rosslyn, Virginia, and north of the Arlington National Cemetery that is bounded on the west by Meade Street, on the north by Arlington Boulevard (U.S. Route 50), on the east by Jefferson Davis Highway (Virginia Route 110), and on the south by Marshall Drive (site of the Iwo Jima Memorial). Exempts the United States Marine Corps (Iwo Jima) Memorial and the Netherlands Carillon from this Act. Allows an individual to bring a civil action in the appropriate U.S. district court against any person (including the United States) to enforce this Act.
![Official portrait of Rep. Frelinghuysen, Rodney P. [R-NJ-11]](https://www.congress.gov/img/member/f000372_200.jpg)