United States · United States Congress · 24 April 1997
Clean Water Enforcement and Compliance Improvement Act of 1997 - Amends the Federal Water Pollution Control Act to require any person subject to the requirements of the Act (currently, owners or operators of point sources) to maintain records, make reports, and allow access to information to the Environmental Protection Agency (EPA) with respect to carrying out such Act. Directs States to post signs containing information concerning water quality and environmental and health effects at each major point of public access to a body of navigable water that does not meet an applicable water quality standard or that is subject to a fishing ban or consumption restriction due to fish or shellfish contamination. Requires permits issued for discharges to navigable waters (except those issued to municipalities for discharges composed entirely of stormwater) to ensure compliance with public information requirements concerning the discharge and location of discharges of pollutants by the permittee. Provides for the issuance of compliance orders and the imposition of civil, criminal, or administrative penalties for violations of requirements of pretreatment programs. Repeals a provision that treats a single operational upset that leads to simultaneous violations of more than one pollution parameter as a single violation. Raises the ceiling on the amount of administrative penalties allowed to be assessed for violations. Removes provisions that permit State enforcement actions to serve as a bar to Federal enforcement actions. Directs the EPA Administrator to: (1) conduct inspections of facilities operated by significant noncompliers at which violations occurred; and (2) report annually to the Congress and to State Governors on persons classified as significant noncompliers. Requires State pollutant discharge permit programs to include specified inspection, monitoring, and reporting requirements. Prohibits the issuance of permits to significant noncompliers until conditions giving rise to violations have been corrected. Authorizes the Administrator to renew expired State discharge permits under certain conditions. Authorizes citizen suits for past violations of effluent standards or limitations if there is evidence that the alleged violations have been repeated. Amends employee protection provisions of the Act, including a prohibition against any employer or other person harassing, prosecuting, holding liable, or discriminating against any employee or other person for: (1) assisting in achieving compliance with the Act; (2) refusing to violate or assist in the violation of the Act; and (3) commencing a proceeding, testifying at a proceeding, or assisting or participating in such a proceeding or in any other action to carry out the purposes of the Act. Establishes the Clean Water Trust Fund. Requires the Administrator to use Fund moneys to carry out inspections and enforcement activities. Makes specified provisions of this Act applicable to cases pending on this Act's enactment date.
United States · United States Congress · 24 April 1997
Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) non-Amtrak States.
United States · United States Congress · 24 April 1997
Zero to Three Resolution for Early Childhood Development - Expresses the sense of the House of Representatives that sufficient funding should be provided to meet the needs of infants and toddlers through: (1) the Healthy Start program under the Public Health Service Act; (2) the special supplemental nutrition program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; (3) Head Start programs and programs under the Head Start Act that provide services for families with infants and toddlers; (4) programs for infants and toddlers with disabilities under the Individuals with Disabilities Education Act; and (5) programs under the Child Care and Development Block Grant Act of 1990. Declares that legislation should be enacted during the 105th Congress to expand health insurance to provide coverage for all uninsured children.
United States · United States Congress · 23 April 1997
Patient Access to Responsible Care Act of 1997 - Amends the Public Health Service Act to require a health insurance issuer to: (1) assure that covered items and services are available and accessible to each enrollee; (2) assure the availability and accessibility of emergency services and urgent care 24 hours a day, 7 days a week; (3) not require prior authorization for emergency services; and (4) cover emergency and urgent (and related ancillary) services. Requires an issuer offering network coverage to show that enrollees have access to specialized treatment. Regulates network incentive plans. Requires an issuer to: (1) permit each network enrollee to select a personal health professional from participating professionals; (2) cover nonparticipating providers, regulating premiums and cost sharing; (3) avoid undue enrollee burden from care coordination and cost control processes; (4) ensure direct specialist access; (5) provide for continuity of care for those with special needs or a chronic condition; and (6) provide for continued coverage in certain circumstances. Prohibits issuer discrimination on the basis of specified factors against individuals or providers. Prohibits any issuer-professional agreement from restricting the professional from engaging in medical communications with the professional's patient. Sets forth requirements regarding utilization review, an appeals process, and the process by which health professionals and providers become participants. Requires issuers to: (1) disclose certain information to enrollees and prospective enrollees; (2) comply with Federal and State confidentiality laws; (3) meet State solvency-related requirements; and (4) establish a quality improvement program. Requires issuers to comply with this Act regarding group and individual coverage. Declares that the requirements of this Act do not preempt any State law providing equivalent or stricter protections for individuals. Amends the Employee Retirement Income Security Act of 1974 to require a group health plan and an issuer offering coverage under such a plan to comply with the requirements of this Act. Declares that this Act does not preempt any State: (1) law providing equivalent or stricter protections for individuals; or (2) cause of action for personal injury or wrongful death damages that provides insurance or administrative services to or for an employee welfare benefit plan maintained to provide health benefits.
United States · United States Congress · 23 April 1997
TABLE OF CONTENTS: Title I: Designation of Wilderness Areas Title II: Biological Connecting Corridors Title III: National Park and Preserve Studies Title IV: Wild and Scenic Rivers Designations Title V: National Wildland Restoration and Recovery System Title VI: Implementation and Monitoring Title VII: Rules of Construction Northern Rockies Ecosystem Protection Act of 1997 - Title I: Designation of Wilderness Areas - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier-Northern Continental Divide Ecosystem; (2) Greater Yellowstone Ecosystem; (3) Greater Salmon-Selway Ecosystem; (4) Greater Cabinet-Yaak-Selkirk Ecosystem; (5) Islands in the Sky Wilderness; and (6) Blackfeet Wilderness. (Sec. 109) Reserves, with respect to each wilderness area designated by this Act, a sufficient quantity of water to fulfill the area's designated purpose. Title II: Biological Connecting Corridors - Designates: (1) specified wild land areas as Biological Connecting Corridors (Corridors) to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as components of the System; and (3) certain biological connecting corridors as special corridor management areas. Exempts specified roads and highways from provisions of this Act. Title III: National Park and Preserve Studies - Directs the Secretary of the Interior to study the feasibility of: (1) creating a Hells Canyon-Chief Joseph National Park and Preserve; (2) creating a Flathead National Park and Preserve; and (3) designating such areas as units of the National Park System. Requires the national park and preserve study areas to be administered by the Secretary of Agriculture. Title IV: Wild and Scenic Rivers Designations - Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Title V: National Wildland Restoration and Recovery System - Establishes the National Wildland Restoration and Recovery System. Specifies component recovery areas. Requires the U.S. Forest Service, after recovery is achieved for a component area, to evaluate its suitability for inclusion in the System or for other consistent uses. Establishes the National Wildland Recovery Corps (as a special unit of the U.S. Forest Service) to carry out land recovery responsibilities. Requires the Corps to develop a wildland recovery plan for each area of the Recovery System, requiring each plan to take into account the specific conditions of the area. Authorizes appropriations. Title VI: Implementation and Monitoring - Requires the Secretaries of the Interior and Agriculture to: (1) report to the Congress on implementation of this Act; (2) establish an interagency team to monitor, evaluate, and make recommendations to ensure long-term results required by this Act and to develop a geographic information system for monitoring the Northern Rockies Bioregion; and (3) establish a governmental review board to make recommendations to the Congress on legally restating and unifying the natural resource management mandates of Federal agencies. (Sec. 605) Requires the Secretaries to assure nonexclusive access to Wilderness areas, National Park and Preserve Study areas, Wildland Recovery areas, and Biological Corridors designated by this Act by Native Americans for traditional cultural and religious purposes. Requires the Forest Service and Bureau of Land Management to enter into cooperative management agreements with the appropriate Indian tribes to assure protection of religious, burial, and gathering sites, and to work cooperatively on the management of all uses in the protected areas that affect Indian lands and people. (Sec. 606) Requires the Secretaries to give particular emphasis to the preservation and protection of cultural resources located within the areas. Title VII: Rules of Construction - Provides that nothing in this Act may be construed as: (1) a relinquishment or reduction of any U.S.-secured water rights; (2) establishing a precedent with regard to any future designations, including wilderness designations; or (3) affecting any Indian treaty or right.
United States · United States Congress · 23 April 1997
Expresses the sense of the Congress that certain provisions of the Merchant Marine Act, 1920 relating to transportation of merchandise between U.S. points in other than domestically built or rebuilt and documented vessels and to incineration of hazardous waste at sea (those provisions popularly known as the Jones Act) and related statutes are critically important components of our Nation's economic and military security and should be fully and strongly supported.
United States · United States Congress · 17 April 1997
TABLE OF CONTENTS: Title I: Amendments to Existing Land Management Laws Title II: Protection for Northwest Ancient Forests, Roadless Areas, and Special Areas Act to Save America's Forests - Title I: Amendments to Existing Land Management Laws - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 (National Forest System), the Federal Land Policy and Management Act of 1976 (public lands), the National Wildlife Refuge System Administration Act of 1966 (National Wildlife Refuge System), the National Indian Forest Resources Management Act (Indian lands), and Federal law relating to forest management on military lands to: (1) provide for native biodiversity conservation; and (2) restrict and prohibit certain logging practices. Title II: Protection for Northwest Ancient Forests, Roadless Areas, and Special Areas - Describes special areas as Federal forest land parcels possessing outstanding biological, scenic, recreational, or cultural values, exemplary on a regional or national level, which may not meet the definitions of Northwest Ancient Forests or roadless areas. Designates specified Special Areas which shall be subject to restrictions on road construction and logging in the following States: (1) Alabama; (2) Alaska; (3) Arizona; (4) Arkansas; (5) California; (6) Colorado; (7) Georgia; (8) Idaho; (9) Illinois; (10) Michigan; (11) Minnesota; (12) Missouri;(13) Montana; (14) New Mexico; (15) North Carolina; (16) Ohio; (17) Oklahoma; (18) Oregon; (19) South Carolina; (20) South Dakota; (21) Tennessee; (22) Texas; (23) Vermont; (24) Virginia; (25) Wisconsin; and (26) Wyoming. Provides for the appointment of a committee of scientists to recommend additional Special Areas. Restricts road construction and logging in Northwest Ancient Forests, Special Areas, and roadless areas on Federal lands.
United States · United States Congress · 17 April 1997
Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction. Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law. Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that each Federal agency: (1) collects and catalogs available information that would assist in assessing whether any bill, joint resolution, amendment, or conference report provision would reduce environmental protection; (2) facilitates the availability of such information for Congress' use; and (3) makes such information readily available to the Comptroller General for purposes of fulfilling the assessment and consultation duties described above. Requires such information to be made publicly available. Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House. Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions.
United States · United States Congress · 17 April 1997
Medicare Medical Nutrition Therapy Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dieticians and nutrition professionals.
United States · United States Congress · 17 April 1997
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: Prospective Purchasers Title III: Innocent Landowners Brownfields and Environmental Cleanup Act of 1997 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to States or local governments to inventory brownfield sites and conduct site assessments of brownfield sites. Defines a "brownfield site," with exceptions, as a facility that has or is suspected of having environmental contamination that: (1) could prevent the timely use, development, reuse, or redevelopment of the facility; and (2) is relatively limited in scope or severity and can be comprehensively characterized and readily analyzed. (Sec. 103) Directs the Administrator to establish a program to provide grants to State and local governments for capitalization of loan programs for brownfield site cleanup by either the State or locality or by an owner or prospective purchaser. (Sec. 104) Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs of this Act. Authorizes appropriations from the Fund. (Sec. 105) Requires reports to the Congress regarding the site assessment and loan capitalization programs. (Sec. 106) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties. (Sec. 109) Authorizes appropriations to carry out the site assessment and loan capitalization programs. Title II: Prospective Purchasers - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to absolve 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 180 days before the action was taken. Title III: Innocent Landowners - 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 President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity.
United States · United States Congress · 17 April 1997
Amends the Public Utility Regulatory Policies Act of 1978 to establish a National Electric System Public Benefits Fund, administered by the National Electric System Public Benefits Board to provide matching funds to States for the support of eligible public purpose programs. Confers oversight responsibility over the Board upon the Secretary of Energy. Requires each electric power generation facility owner or operator, as a condition of transmitting power to any transmitting utility, to contribute funds determined by the Board to be necessary to generate revenues in each calendar year equal to one-half of the aggregate cost of implementing certain public purpose programs. Requires the Board to institute a rulemaking proceeding governing creation and administration of a Public Benefits Program. Authorizes any State to establish one or more public purpose programs and apply for matching funds under the Public Benefits Program. Emphasizes State discretion to elect participation in such Program. Expresses the sense of the Congress that such Program shall not replace or supersede any other existing programs that support or encourage conservation and energy efficiency, renewable energy, universal and affordable service, or research and development.
United States · United States Congress · 17 April 1997
Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA facilities. Provides for: (1) the waiver of certain Medicare requirements in order to carry out the project; and (2) selection of participating VA facilities (requires the VA Secretary to designate up to three geographic service areas from which such facilities are to be selected and to establish a selection plan). Requires at least one facility selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility were not a Federal facility, were participating in the project, and imposed charges for such services. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million. Requires reductions in such payments when the amount of actual VA medical expenditures for targeted veterans is less than the amount of the maintenance of effort level (as defined under this Act) for such fiscal year. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual audits by the Comptroller General. Requires: (1) an independent entity to undertake an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion. Directs the Secretaries to submit to the appropriate congressional committees a report on the feasibility and advisability of establishing a new demonstration project to reimburse the VA Secretary for health care services furnished to targeted Medicare-eligible veterans enrolled in managed health care plans established by such Secretary.
United States · United States Congress · 17 April 1997
Redesignates the Department of Justice Building located at 10th Street and Constitution Avenue, N.W., in Washington, D.C., as the Robert F. Kennedy Department of Justice Building.
United States · United States Congress · 17 April 1997
Amends the Agricultural Market Transition Act with respect to the sugar program to: (1) reduce sugarcane loan rates through crop year 2002; (2) revise the sugar beet loan rate; (3) eliminate nonrecourse loans after FY 1997; and (4) eliminate sugar price supports after crop year 2002. Amends the Agricultural Adjustment Act of 1938 to repeal sugar and crystalline fructose marketing quota and allotment provisions. Amends the Food Security Act of 1985, beginning with the 1996-1997 quota year, to direct the President to use all available authority to ensure that U.S. market raw sugar shall be available at not more than the higher of the world sugar price or the U.S. loan rate.
United States · United States Congress · 17 April 1997
Amends the Internal Revenue Code to exclude from gross income (under the qualified scholarship provisions) certain amounts provided by an employer to the child of an employee.
United States · United States Congress · 16 April 1997
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical and dental care comparable to that offered under CHAMPUS. Includes as an eligible covered beneficiary any member or former member of the armed forces, and any dependent of such member, who: (1) is not guaranteed access under CHAMPUS or TRICARE Standard (a Department of Defense managed care program) to health and dental care comparable to the highest level provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of geographical inaccessibility, enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) enrollment contributions; (2) participation management by the Director of the Office of Personnel Management (OPM); and (3) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Requires the health and dental care benefits provided under CHAMPUS and TRICARE Standard, as well as the rates prescribed for the reimbursement of providers under such programs, to be comparable to the highest level of benefits provided under the FEHB. Requires the Secretary to begin offering the health benefits option of this Act no later than November 1, 1997.
United States · United States Congress · 16 April 1997
Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by certified nurse practitioners and clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether or not such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual who: (1) is a registered nurse licensed to practice nursing in the State in which the individual furnishes services; and (2) has a master's degree in a clinical area of nursing from an accredited institution.
United States · United States Congress · 15 April 1997
Authorizes the President to present on behalf of the Congress a gold medal to Rachel Robinson and other family of the late Jack Roosevelt Robinson in recognition of his contributions to racial equality, athletics, business, and charitable causes. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike bronze duplicates of such gold medal.
United States · United States Congress · 10 April 1997
Fair Pay Act of 1997 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC); and (2) make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
United States · United States Congress · 10 April 1997
Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of "creditable coverage."
United States · United States Congress · 10 April 1997
Voluntary Alcohol Advertising Standards for Children Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC), on the basis of recommendations from an advisory committee established by the FCC, to prescribe a code of conduct (code) that limits the exposure and appeal to minors of alcoholic beverage advertisements in video programming, taking into consideration the content, frequency, timing, and program placement of such ads as well as the role of public information messages about the risks of alcohol use by minors. Outlines advisory committee requirements. Provides an antitrust exemption, with limitations, for any action or agreement among persons in the television industry undertaken to develop and disseminate such a voluntary code. Requires the FCC to prescribe such code within one year after enactment of this Act, unless the television industry has established a voluntary code which is acceptable to the FCC. Requires the FCC to include in a currently required annual report an assessment of the extent to which a code has been successfully implemented, and complied with, by video programming distributors.
United States · United States Congress · 10 April 1997
Medicare Medically Necessary Dental Care Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage under part B (Supplementary Medical Insurance) of medically necessary dental procedures which are cost-effective.
United States · United States Congress · 10 April 1997
Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to provide for testing under the screening program authorized by the Federal Food, Drug and Cosmetic Act of any substance that may be found in discharges of pollutants into navigable waters if the Administrator determines that a substantial population may be exposed to such substance.
United States · United States Congress · 10 April 1997
Veterans Nursing Care Availability Act of 1997 - Revises the manner by which the Secretary of Veterans Affairs is required to rank applicants for grants under the State home construction grant program (a program providing grants to States for the construction of veterans' nursing homes). Prohibits any State from being awarded more than one such grant during any fiscal year.
United States · United States Congress · 10 April 1997
Directs the Secretary of State, for registration of birth, certification of nationality, or issuance of a passport for a U.S. citizen born in the city of Jerusalem, to record the place of birth as Jerusalem, Israel.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 8 April 1997
Post Office Relocation Act of 1997 - Modifies Federal postal provisions to require a 60-day notice before the renovation, relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office. Sets forth provisions which: (1) allow any person served by the post office to offer an alternative renovation, relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow the individual to present oral or written testimony. Revises the factors to be considered in deciding whether or not to renovate, relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to follow a community's public participation procedures to address the renovation, relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act. Requires the Postal Service, in making a determination to renovate, relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction. Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community.
United States · United States Congress · 8 April 1997
Traumatic Brain Injury Amendments of 1997 - Amends the Public Health Service Act to authorize the National Institutes of Health's trauma research program to make grants or contracts for research regarding cognitive disorders arising from traumatic brain injury.
United States · United States Congress · 8 April 1997
Imported Produce Labeling Act of 1997 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Authorizes fines for violations of such provision.
United States · United States Congress · 21 March 1997
Amends Federal civil service law to include as Federal law enforcement officers eligible under Civil Service Retirement System and Federal Employees' Retirement System provisions for early retirement (at age 50 after 20 years of Federal service) revenue officers in the Internal Revenue Service, customs inspectors and canine enforcement officers in the U.S. Customs Service, and inspectors in the Immigration and Naturalization Service.
United States · United States Congress · 21 March 1997
TABLE OF CONTENTS: Title I: General Programs Regarding Prevention of HIV Infection Title II: Preventive Health Programs Regarding Women and HIV Infection Title III: General Provisions William A. Bailey Comprehensive HIV Prevention Act of 1997 - Title I: General Programs Regarding Prevention of HIV Infection - Amends the Public Healht Service Act to replace title XXV (Prevention of Acquired Immune Deficiency Syndrome) with a new title (Prevention of HIV Infection). Directs the Secretary of Health and Human Services to plan, coordinate, and evaluate human immunodeficiency virus (HIV) infection prevention activities of the Centers for Disease Control and Prevention (CDCP), the Health Resources and Services Administration, the Indian Health Service, the National Institutes of Health (NIH), and the Substance Abuse and Mental Health Services Administration (designated agencies). Directs the Secretary to establish the Secretary's Advisory Council on HIV Prevention. Mandates, for each designated agency, a comprehensive plan and certain implementation activities regarding the conduct and support of all HIV prevention activities. Requires annual budget requests by the Secretary and each designated agency. Requires each designated agency (except NIH) to establish an office to carry out HIV prevention activities. Requires that the remainder of this title be carried out through the CDCP. Authorizes HIV epidemiology and surveillance activities. Authorizes appropriations. Authorizes financial assistance to health departments of States and subdivisions for HIV prevention projects in communities of at-risk individuals. Mandates local and statewide HIV community planning groups. Allows use of assistance for: (1) certain counseling and testing; and (2) counseling and treatment for any victim of a crime involving force or the threat of force to compel sexual activity. Authorizes appropriations. Authorizes the Secretary, directly or through financial assistance, to carry out HIV public education. Authorizes appropriations. Authorizes HIV prevention activities regarding specific populations identified by the Secretary. Authorizes appropriations. Authorizes HIV prevention activities regarding adolescents, including through school-based programs. Authorizes appropriations. Authorizes, directly or through financial assistance, the conduct of HIV prevention research and the carrying out of demonstration projects. Authorizes appropriations. Authorizes, directly or through financial assistance, HIV prevention activities in addition to those specified above in this Act. Authorizes appropriations. Title II: Preventive Health Programs Regarding Women and HIV Infection - Women and HIV Outreach and Prevention Act - Amends Public Health Service Act provisions (as amended by title I of this Act) relating to the CDCP to authorize grants, with regard to women (and their partners) and HIV, for preventive health services, referrals, follow-ups, outreach, and training on the effective provision of such services. Authorizes appropriations. Authorizes grants to provide HIV prevention education to women. Authorizes appropriations. Authorizes grants, cooperative agreements, and contracts to provide: (1) substance abuse treatment to women; (2) counseling to women who engage in substance abuse on the prevention of infection with, and the transmission of, the etiologic agent for AIDS; and (3) such counseling to women who are the partners of individuals who abuse substances. Authorizes appropriations. Authorizes appropriations for grants under existing provisions to provide early intervention services for women and related technical assistance. Title III: General Provisions - Authorizes technical assistance to applicants and recipients under provisions of this Act relating to the CDCP.
United States · United States Congress · 21 March 1997
Honors the memory of the victims of the Armenian genocide. Calls for the United States to encourage the Republic of Turkey to acknowledge and commemorate the atrocity committed against the Armenian population of the Ottoman Empire from 1915 to 1923.
United States · United States Congress · 21 March 1997
Declares that the Congress favors public support by the U.S. Government for the accession of Taiwan to the World Trade Organization (WTO) prior to China's admission to the WTO.
United States · United States Congress · 20 March 1997
Public Safety Employer-Employee Cooperation Act of 1997 - Provides collective bargaining rights for public safety officers employed by States or local governments. Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees. Specifies related requirements for public safety employers. Requires the Director the Federal Mediation and Conciliation Service (FMCS) to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act. Gives the FMCS the same authority as a State Labor Relations Board (or of the National Labor Relations Board where no such State Board exists) for public safety employers and employees covered by this Act. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such regulations through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. Authorizes appropriations.
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care Title III: Provider Participation Title IV: Administration Subtitle A: General Administrative Provisions Subtitle B: Control Over Fraud and Abuse Title V: Quality Assessment Title VI: National Health Security Budget; Payments; Cost Containment Measures Subtitle A: Budgeting and Payments to States Subtitle B: Payments by States to Providers Subtitle C: Mandatory Assignment and Administrative Provisions Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved Subtitle A: Promotion and Expansion of Primary Care Professional Training Subtitle B: Direct Health Care Delivery Subtitle C: Primary Care and Outcomes Research Subtitle D: School-Related Health Services Title VIII: Financing Provisions; American Health Security Trust Fund Subtitle A: American Health Security Trust Fund Subtitle B: Taxes Based on Income and Wages Subtitle C: Increase in Excise Taxes on Tobacco Products Title IX: Conforming Amendments to the Employee Retirement Income Security Act of 1974 Title X: Additional Conforming Amendments American Health Security Act of 1997 - Title I: Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment - Establishes the American Health Security Program (AHSP), to be administered by the States. Requires a State to establish a State health security program (program) to receive Federal health care funding. (Sec. 102) Entitles every individual who is a U.S. resident and is a U.S. citizen or national or a lawful resident alien to benefits. (Sec. 103) Requires each State program to provide an enrollment mechanism and issue a health security card to each enrollee. (Sec. 104) Makes benefits portable. Prohibits a minimum residence or waiting period in excess of a specified period. Allows reciprocal arrangements for coverage of border region enrollees. (Sec. 106) Supersedes titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, the Federal Employee Health Benefits Program, and the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Title II: Comprehensive Benefits, Including Preventive Benefits and Benefits for Long Term Care - Entitles all eligible individuals to payment items and services specified by the American Health Security Standards Board (Board) (established by title IV of this Act). Prohibits: (1) deductibles, coinsurance, or copayments for acute care and preventive benefits, subject to exception; (2) providers from charging a patient for covered services; and (3) duplicative private insurance. (Sec. 203) Covers a percentage of home and community-based long-term care services. (Sec. 204) Sets forth special delivery requirements for mental health and substance abuse treatment services provided to at-risk children. Directs the Board to make national determinations on coverage of experimental services. Title III: Provider Participation - Requires providers, to receive payment, to agree: (1) not to discriminate based on race, national origin, income, religion, age, sex or sexual orientation, disability, handicapping condition, or (subject to the qualifications of the provider) illness; (2) not to charge patients for covered services; (3) to furnish necessary information to the Board or program; (4) not to employ excluded providers; and (5) to submit bills within a specified time. (Sec. 302) Considers a health care provider to be qualified if the provider is licensed or certified and meets State law requirements, Federal requirements, and additional standards specified by the Board. Requires: (1) establishment of national minimum quality assurance standards and related monitoring; and (2) an exchange of information among programs regarding quality assurance and cost containment. (Sec. 303) Defines a "comprehensive health service organization" (CHSO) as a public or private organization that, in return for a capitated payment, furnishes or arranges for a full range of health services and out-of-area coverage for urgently needed services. Regulates CHSOs. (Sec. 304) Extends current Medicare prohibitions on physician self-referrals and applies the prohibitions to AHSP. Title IV: Administration - Subtitle A: General Administrative Provisions - Establishes the American Health Security Standards Board to develop policies and procedures for enrollment, benefits, provider participation, national and State funding levels, assisting programs with planning for capital expenditures and service delivery, and other functions. Mandates uniform reporting standards. (Sec. 402) Mandates an American Health Security Advisory Council. (Sec. 404) Requires: (1) each State to submit a plan for a program for providing health care services to residents; (2) the Board to provide States incentives to develop regional planning mechanisms; (3) State programs to meet Federal standards; and (4) each State to appoint a State Health Security Advisory Council. Allows: (1) programs not meeting Federal requirements to be placed in receivership; and (2) States to use fiscal agents to process claims. Subtitle B: Control Over Fraud and Abuse - Authorizes provider exclusion, civil monetary penalties, and criminal prosecution for fraud or abuse, based on current Medicaid standards. (Sec. 412) Requires each program to establish and maintain a health care fraud and abuse unit. Title V: Quality Assessment - Establishes the American Health Security Quality Council. (Sec. 502) Mandates: (1) methods for profiling practice patterns and for identifying those with quality deficiencies; (2) guidelines for procedures performed only at tertiary centers; and (3) standards for education and sanctions regarding those with quality deficiencies. (Sec. 503) Requires each participating State to establish an entity to conduct quality reviews. (Sec. 504) Expresses the intent to replace random utilization controls with a systematic review of patterns of practice. Supersedes all existing Federal utilization review programs. Title VI: Health Security Budget; Payments; Cost Containment Measures - Subtitle A: Budgeting and Payments to States - Directs the Board to establish a national health security budget specifying the total expenditures to be made by the Federal Government and the States for covered health care services. (Sec. 602) Provides for the allocation of funds in the budget by the Board to the States. (Sec. 604) Provides for programs to receive Federal funds equal to a weighted average of a specified percentage of their population-based share of the budget. (Sec. 605) Requires each program to establish a separate budget account for health professional education expenditures. Subtitle B: Payments by States to Providers - Directs that: (1) payment for operating expenses for institutional and facility-based care under State programs be made directly to each institution or facility; and (2) facility budgets be adjusted to reflect payments made by CHSOs. Allows programs to permit institutions and facilities to raise funds from private sources for specified purposes. (Sec. 612) Requires: (1) State programs to pay individual practitioners on a fee-for-service basis; and (2) the Board to establish models for such payment and for global fee payment methodologies. Permits States to require electronic billing. (Sec. 613) Authorizes programs to pay CHSOs based on annual budgets or risk-adjusted capitation payments, reduced by the costs of covered services not provided by the CHSO. (Sec. 614) Directs that programs pay for community-based primary health services based on global budgets, basic primary care capitation amounts for enrollees, or fee-for-service. (Sec. 615) Requires: (1) the Board to establish a list of approved prescription drugs and to determine maximum prices; and (2) each program to pay for such drugs based on such maximum prices and to pay separate dispensing fees to pharmacies. (Sec. 616) Directs: (1) the Board to establish a list of approved durable medical equipment and therapeutic devices and equipment; and (2) programs to pay for such items based on maximum prices determined by the Board. (Sec. 617) Requires State programs to pay for other items and services based on methodologies adopted by the Board. (Sec. 618) Directs the Board to establish model payment methodologies and other incentives that promote the provision of services in medically underserved areas. (Sec. 619) Authorizes programs to use alternative payment methodologies, provided certain requirements are met. Subtitle C: Mandatory Assignment and Administrative Provisions - Requires that participating providers accept program payment as full payment. Permits provider exclusion and civil penalties for violations. (Sec. 632) Requires a provider payment appeals process. Title VII: Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved - Subtitle A: Promotion and Expansion of Primary Care Professional Training - Sets forth Board responsibilities regarding the education of health professionals. Sets as national goals that: (1) at least 50 percent of graduate medical residencies be in primary care within five years of this Act's enactment; and (2) there be a certain number, specified by the Board, of midlevel primary care practitioners employed in the health care system by a specified date. (Sec. 702) Mandates an Advisory Committee on Health Professional Education. (Sec. 703) Requires transfer of specified revenues from the American Health Security Trust Fund (Fund) for certain existing programs supporting health professional education and nursing education and for the National Health Service Corps. Subtitle B: Direct Health Care Delivery - Mandates transfer of specified Fund revenues to the Public Health Service for maternal and child health block grants, prevention and treatment of tuberculosis, prevention and treatment of sexually transmitted diseases, preventive health block grants, grants to States for community mental health services and the prevention and treatment of substance abuse, grants for HIV health care services, public health formula grants, and primary care service expansion grants. (Sec. 713) Mandates grants to primary care centers to plan, develop, and deliver primary care to medically underserved populations. Subtitle C: Primary Care and Outcomes Research - Mandates transfer of specified Fund revenues to the Agency for Health Care Policy and Research for health outcomes research. (Sec. 722) Amends the Public Health Service Act to establish in the National Institutes of Health an Office of Primary Care and Prevention Research and a national data system and clearinghouse on primary care and prevention research. Authorizes appropriations. Subtitle D: School-Related Health Services - Authorizes appropriations for this subtitle. Mandates grants to State health agencies or to local community partnerships to develop and operate school health service sites. Title VIII: Financing Provisions; American Health Security Trust Fund - Subtitle A: American Health Security Trust Fund - Amends the Internal Revenue Code to create the American Health Security Trust Fund (Fund). Appropriates to the Fund the increase in tax liabilities attributable to the application of amendments made by this title and receipts from: Medicare, Medicaid, Federal employees' health benefits program, CHAMPUS, Maternal and Child Health program (under title V of the Social Security Act), vocational rehabilitation programs, drug abuse and mental health services programs under the Public Health Service Act, programs providing general hospital or medical assistance, and certain other Federal programs. Transfers to the Fund amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Taxes Based on Income and Wages - Imposes a health care excise tax on every employer and on the self-employed, railroad employers, and railroad employee representatives. Imposes an individual health care income tax. Prohibits credits against the tax and any effect on the minimum tax in relation to the individual health care income tax. Subtitle C: Increase in Excise Taxes on Tobacco Products - Increases the excise taxes on tobacco products. Title IX: Conforming Amendments to the Employee Retirement Income Security Act of 1974 - Makes the Employee Retirement Income Security Act of 1974 (ERISA) inapplicable to health coverage arrangements under State health security programs. Exempts State health security programs from ERISA preemption. Prohibits employee benefits duplicating State health security program benefits and requires that a liable workers' compensation carrier reimburse the State health security plan. Repeals ERISA continuation coverage requirements. Title X: Additional Conforming Amendments - Repeals specified provisions of the Health Insurance Portability and Accountability Act, ERISA, and the Public Health Service Act.
United States · United States Congress · 20 March 1997
Federal Reserve Audit and Accountability Act - Amends the Federal Reserve Act to declare that the president and first vice-president of each Federal reserve bank shall be appointed by the President, with the consent of the Senate. (Currently such appointment authority is exercised by each Federal reserve bank's board of directors.) Amends Federal law to remove specified limitations placed upon General Accounting Office audits of the Federal Reserve Board and Federal reserve banks. Directs the Comptroller General to audit at least triennially the vault facilities of the Board of Governors of the Federal Reserve System (the Board). Requires the Board and all Federal reserve banks to transmit their estimated receipts and proposed expenditures to the Congress during the first 15 days of each regular session. Mandates prompt public disclosure of Federal Open Market Committee meetings and actions, including policy actions and prior transcripts. Amends the Inspector General Act of 1978 to establish for the Board an Office of the Inspector General, with the Inspector General appointed by the President, subject to Senate advice and consent. Permits the Chairman of the Board to delegate authority for general supervision of the Inspector General to the Vice Chairman, but to no one else. Declares that the Inspector General's authority extends to the conditions, operations, and all facilities of the Federal reserve banks.
United States · United States Congress · 20 March 1997
Zero Chlorine Discharge Act - Amends the Federal Water Pollution Control Act to require pulp and paper manufacturing facilities to achieve zero discharge into the navigable waters of organochlorine compounds, byproducts, or metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process. Requires permits for paper and pulp mills which use chlorine or chlorinated oxidizing agents to require compliance with the zero discharge requirement. Directs the Administrator of the Environmental Protection Agency to: (1) evaluate alternatives to the use of organochlorines in pulp and paper manufacturing and to publish a report on the transfer to chlorine-free technology in the pulp and paper industry as a model for pollution prevention; (2) provide technical information and support to assist permit applicants in the use of such alternatives; (3) study and report to the Congress on nonpoint sources and industrial discharges of organochlorine compounds and their byproducts and metabolites into navigable waters; and (4) convene an advisory panel to assist in developing recommendations for achieving a zero discharge policy for organochlorine pollution sources.
United States · United States Congress · 20 March 1997
Captive Exotic Animal Protection Act of 1997- Amends the Federal criminal code to prohibit and set penalties for knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 20 March 1997
Patient Safety Act of 1997 - Requires providers under the Medicare program, as a condition for continued participation in the program, to make publicly available certain minimum information, in addition to information specified by the Secretary of Health and Human Services, regarding nurse staffing and patient outcomes. Requires the following to be made public along with its source and currency status: (1) data regarding complaints filed with the State agency with oversight over health care services, the Health Care Financing Administration, or a provider accrediting agency; (2) compliance with the standards deemed to demonstrate compliance with conditions of Medicare participation; and (3) data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits. Allows the Secretary to waive or reduce reporting requirements in the case of a small provider for whom their imposition would be unduly burdensome. Prohibits Medicare providers from terminating or taking any other adverse action against any employee or groups of employees for certain actions, including those taken for the purpose of notifying the provider of conditions potentially dangerous or injurious to patients receiving services from the provider or to employees of the provider. Requires provider termination from participation in Medicare for taking such an adverse action. Requires any provider under Medicare that files with the Department of Justice and the Federal Trade Commission notification of a transaction required to be reported under the Clayton Act to provide to the Secretary a report that includes: (1) the overall impact of such transaction on the health services available and readily accessible to the community; and (2) the impact of such transaction on each of various specified subjects, including the availability and accessibility of services to the poor, the uninsured, ethnic minorities, women, the disabled, and the lesbian and gay communities. Requires public availability of such reports, public hearings on their elements and any other factors related to the health, safety, and welfare of patients and the community involved, secretarial review of each such proposed transaction based on the report, hearing testimony, and any other relevant factors. Deems any provider that executes a transaction found to have a negative impact on health and safety (or that fails to file a required report) not to be in compliance with the conditions of Medicare participation. Mandates the provider's immediate suspension from program participation if it completes a transaction that poses immediate jeopardy or irreparable harm to patient health, safety, or welfare.
United States · United States Congress · 20 March 1997
Prohibits the United States from supporting the admission of China into the World Trade Organization (WTO) unless the Congress passes a joint resolution, according to specified procedures, allowing the United States to support such admission. Directs the President to: (1) notify the Congress if China becomes a member of the WTO without the support of the United States; and (2) submit notice of the withdrawal of the United States from the WTO Agreement. Makes a conforming amendment to the Uruguay Round Agreements Act.
United States · United States Congress · 20 March 1997
Firefighters Pay Fairness Act of 1997 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal fire fighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.
United States · United States Congress · 20 March 1997
Credit Union Membership Access Act - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group.
United States · United States Congress · 20 March 1997
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 20 March 1997
Honors Cesar E. Chavez for his commitment to improve the plight of farm workers and the poor. Urges that a Federal holiday be recognized throughout the United States in his honor. Encourages all Americans to commit themselves to working for justice through nonviolence in their communities.
United States · United States Congress · 20 March 1997
Expresses the sense of the Congress that it recognizes: (1) the concern of the railroad industry that the current spousal annuity system is inadequate; and (2) that a process of dialogue must take place among all parties of the railroad community including rail labor, management, and retiree organizations before railroad annuity legislation can be enacted. Urges all parties to find a way to fund an amendment that would improve the survivor benefits component to the Railroad Retirement Act of 1974.
United States · United States Congress · 19 March 1997
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Comprehensive Women's Pension Protection Subtitle A: Pension Reform Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs Subtitle C: Modifications of Joint and Survivor Annuity Requirements Subtitle D: Spousal Consent Required for Distributions From Section 401(k) Plans Subtitle E: Women's Pension Toll-Free Phone Number Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to require a private contractor with the Secretary of Labor to establish a system under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Provides for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations for: (1) the Secretary of Labor to design and award the contract for such system; and (2) the contractor to begin operations. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Allows the use without penalty of distributions from certain plans during periods of unemployment. (Sec. 133) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Amends IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Limits annual benefits under governmental and multiemployer plans to $90,000, eliminating the alternative 100 percent of high three-year average compensation limitation. Exempts from the $7,500 or one third of includible compensation limit for annual benefits certain excess benefit arrangements under deferred compensation plans of State and local governments and tax-exempt organizations. Prohibits such arrangements from being taken into account in determining whether any other plan is an eligible deferred compensation plan. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 166) Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. (Sec. 167) Excludes from gross income any workers' compensation received by former police officers or fire fighters for heart disease or hypertension. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. (Sec. 176) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC ("401(k) plans") by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Makes certain new rules for pension integration under the Tax Reform Act of 1986 applicable to all existing accrued benefits. (Sec. 401) Amends IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 402) Sets forth rules regarding the application of minimum coverage requirements with respect to separate lines of business. (Sec. 403) Amends IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 404) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal law relating to the armed forces to terminate a two-tier annuity computation and social security offset under the military survivor benefit plan. (Sec. 414) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. Subtitle D: Spousal Consent Required for Distributions From Section 401(k) Plans - Amends IRC to require spousal consent for distributions from section 401(k) plans. Subtitle E: Women's Pension Toll-Free Phone Number - Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 19 March 1997
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Title II: State Voluntary Response Programs Title III: Innocent Landowners and Prospective Purchaser Liability Community Revitalization and Brownfield Cleanup Act of 1997 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned, idled, or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. (Sec. 103) Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. (Sec. 104) Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs of this Act. Authorizes appropriations from the Fund. (Sec. 105) Requires reports to the Congress regarding the site assessment and loan capitalization programs. (Sec. 106) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties. (Sec. 109) Authorizes appropriations to carry out the site assessment and loan capitalization programs. Title II: State Voluntary Response Programs - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to add provisions requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Title III: Innocent Landowners and Prospective Purchaser Liability - 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 President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 302) 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 180 days before the action was taken. (Sec. 303) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site.
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