United States · United States Congress · 9 October 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce Title III: Establishment of United States Trade Administration Subtitle A: General Provisions Subtitle B: United States Trade Administration Title IV: Statistical Consolidation Subtitle A: General Provisions Subtitle B: Establishment of the Federal Statistical Service Subtitle C: Transfers of Functions and Offices Subtitle D: Administrative Provisions Subtitle E: Miscellaneous Title V: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1998. (Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the three-year period beginning on the date of enactment. (Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel. (Sec. 106) Provides for the submission of specified reports. (Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act; and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act. (Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act. (Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agencywide priority placement programs for Federal employees affected by a reduction in force attributable to this Act. (Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1997; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1997. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1997. (Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of NTIS as a wholly owned Government corporation if an arrangement for privatization of the functions of the NTIS has not been made. (Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act. (Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA. (Sec. 205) Terminates specified miscellaneous NOAA research programs. Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA. Prohibits: (1) funding for the NOAA Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2000: (1) the Office of the NOAA Administration Corps of Operations or its successor; and (2) the Commissioned Personnel Center. Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet. Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990. (Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for administration of NOAA, and all functions and offices transferred to the new NOAA, under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer. (Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration. Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions. Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the United States in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3. Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials). (Sec. 322) Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy. Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation. (Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration. (Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA. Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses. Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above. Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions. Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1998; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1998. Title IV: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population. Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics. (Sec. 413) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics. Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices. Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator. Subtitle E: Miscellaneous - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service. Title V: Miscellaneous Provisions - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.
United States · United States Congress · 9 October 1997
Amends the Immigration and Nationality Act to provide for the temporary visitor or student admission of certain alien spouses or children of U.S. permanent residents. States that a petition for permanent resident classification filed on behalf of such alien shall not constitute evidence of intent to abandon a foreign residence.
United States · United States Congress · 6 October 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act of 1971 to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
United States · United States Congress · 6 October 1997
Prohibits the Administrator of the Environmental Protection Agency from controlling the consumption, production, importation, or export of methyl bromide for pesticide use, except: (1) as required by the Montreal Protocol of all parties; or (2) upon a Department of Agriculture certification of appropriate alternatives or substitutes.
United States · United States Congress · 6 October 1997
Emergency Medical Services Enhancement Act of 1997 - Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by qualified volunteer emergency services organizations.
United States · United States Congress · 1 October 1997
United States Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products. Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country. Subjects priority foreign countries to investigation by means other than a petition. Authorizes the USTR, with respect to an investigation of a country identified as denying fair and equitable market access to U.S. agricultural products, to request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States.
United States · United States Congress · 26 September 1997
TABLE OF CONTENTS: Title I: Alternative Fuels--General Title II: Alternatives Fuels--Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Private Vehicles Energy Policy Act Amendments of 1997 - Title I: Alternative Fuels--General - Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel. (Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles. (Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles. Title II: Alternative Fuels -- Non-Federal Programs - Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles. (Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program. (Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits. (Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
United States · United States Congress · 18 September 1997
Taxpayer Dividend Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB), for any amount by which revenues for a budget year and any outyears through FY 2002 exceed the revenue target absent growth, to estimate the excess and include such estimate as a separate entry in the report to the Congress containing Congressional Budget Office estimates of amounts and changes in outlays and receipts of direct spending and receipts legislation at the same time the OMB sequestration preview report is issued. Requires OMB to include the amount of any change in revenues as a deficit decrease in estimates and sequestration reports unless such amount is offset by legislation decreasing revenues in an amount not exceeding the amount of such decrease. Sets forth the revenue targets absent growth for FY 1998 through 2002. Considers legislation decreasing revenues in compliance with this Act to be in order for purposes of specified provisions regarding congressional pay-as-you-go points of order and consideration in the Senate.
United States · United States Congress · 17 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 17 September 1997
Amends the Internal Revenue Code to extend the termination dates of the alcohol fuels credit and of provisions setting tax rates for qualified methanol and ethanol fuel, fuels containing alcohol, certain taxable fuels mixed with alcohol, mixtures of aviation fuel and alcohol, and fuels used to produce certain alcohol fuels.
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 11 September 1997
TABLE OF CONTENTS: Title I: Improving the Regulation and Labeling of Food Title II: Effective Date Food and Nutrition Information Reform Act - Title I: Improving the Regulation and Labeling of Food - Amends Federal Food, Drug, and Cosmetic Act provisions relating to food nutrition levels and health-related claims to allow certain regulations to be effective on publication at the discretion of the Secretary of Health and Human Services. (Sec. 102) Modifies requirements regarding petitions to issue a regulation on health-related claims. (Sec. 103) Allows a health or nutrient content claim not authorized by the Secretary if: (1) a U.S. governmental scientific body with public health protection or research responsibility directly relating to human nutrition has published an authoritative statement, currently in effect, about the relationship to which the health claim refers or setting forth a basis for the nutrient claim; (2) a person has notified the Secretary; (3) the claim and food are in compliance with certain requirements; and (4) the claim is stated in a way that it is an accurate representation of the authoritative statement and in a way that it enables the public to understand the information and its significance. (Sec. 105) Requires, if a nutrient claim is made and the food contains a nutrient at a level that increases to persons in the general population the risk of a disease or health-related condition that is diet-related, that the label contain, close to the claim, a statement referring to the nutrition information elsewhere on the label. (Sec. 107) Revises oleomargarine sale and labeling requirements. Repeals provisions relating to: (1) a congressional declaration of policy regarding oleomargarine sales; and (2) noncontravention of State oleomargarine laws. Title II: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 11 September 1997
Landmine Elimination Act of 1997 - Prohibits Federal agencies from funding any new deployments of anti-personnel landmines as of January 1, 2000. Directs the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Authorizes the President to delay implementation of the funding proscription with respect to the Korean Peninsula if he certifies annually to the Congress that new deployments of anti-personnel landmines on such Peninsula would be indispensable to the defense of the Republic of Korea.
United States · United States Congress · 9 September 1997
Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail; (2) the sole source of funding for any such postage; and (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect, except with respect to a prohibition on any mass mailing during an election year: (1) until after the election; or (2) unless it relates to an emergency or disaster declared by the President, under specified conditions. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance (thereby reducing the maximum allocation allowed). Prohibits the transfer of any amount (except for amounts from the Official Mass Mailing Allowance) to or from the Official Mail Allowance of a Member. (Currently, transfers up to a specified amount are allowed from the Official Expenses and Clerk Hire Allowances.)
United States · United States Congress · 5 September 1997
Amends the Line Item Veto Act of 1996 to remove a requirement that makes the President's line item veto authority contingent on a cancellation (line item veto) reducing the Federal budget deficit.
United States · United States Congress · 25 July 1997
Authorizes the President to award the Congressional Medal of Honor posthumously to Theodore Roosevelt for his actions in the attack of San Juan Heights, Cuba, during the Spanish-American War on July 1, 1898.
United States · United States Congress · 24 July 1997
Clinical Laboratory Improvement Act Amendments of 1997 - Exempts a physician clinical office laboratory from Public Health Service Act certification requirements, except when such laboratory performs a pap smear (Papanicolaou Smear) analysis.
United States · United States Congress · 17 July 1997
National Debt Repayment Act of 1997 - Amends the Congressional Budget Act of 1974 to require concurrent resolutions on the budget, beginning with the one for the first fiscal year after there is a surplus, to set forth totals of budget outlays and Federal revenues for the budget year and each fiscal year concerned such that the annual rate of change in outlays is at least one percentage point lower than the corresponding change in revenues for each such year. Permits the Congress to waive such requirement for fiscal years in which a declaration of war is in effect or the United States is engaged in military conflict posing a serious threat to national security or for the budget year and the next fiscal year if real economic growth has been negative for two consecutive calendar quarters. Amends Federal law to require the Secretary of the Treasury to use any budget surplus for a fiscal year, with one-third allocated to each of the following, to: (1) exchange special issue nonmarketable Government bonds in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund with marketable Government securities; (2) invest in marketable Government securities to be held in a Tax Cut Offset Trust Fund to offset future revenue reductions; and (3) exchange special issue nonmarketable Government securities in the Highway Trust Fund and the Hazardous Substance Superfund with marketable ones. Requires the surplus to be allocated, in specified increments, to repay the public debt when Government trust funds, including those described above, no longer hold nonmarketable securities. Prohibits receipts and disbursements of Government trust funds, in an amount up to the value of marketable Government securities contained in any such fund, from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal or congressional budgets or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such receipts and disbursements from any statutory general budget limitation on expenditures and net lending. Directs the Secretary, upon expenditure from a trust fund of any money not so counted, to sell a corresponding amount of marketable Government securities from the fund and reduce its balance accordingly.
United States · United States Congress · 17 July 1997
National Marrow Donor Program Reauthorization Act of 1997 - Amends the Public Health Service Act to replace provisions relating to the National Bone Marrow Donor Registry with provisions mandating establishment, by contract, of a program to assist patients needing a blood stem cell transplant in searching for biologically unrelated donor individuals. Sets forth program functions, including: (1) maintaining one or more donor and one or more recipient registries; (2) educational activities (including donor recruitment and professional and public information); and (3) establishing the Office of Patient Advocacy and Case Management. Mandates: (1) standards regarding quality, tissue typing, donor informed consent, and patient advocacy; (2) donor selection criteria; (3) stem cell collection and transportation procedures; (4) confidentiality standards; and (5) procedures for integrating participating donor registries and centers. Mandates criminal penalties for confidentiality violations. Authorizes appropriations. Mandates a plan to effectuate efficiencies in the relationship between the program and donor centers.
United States · United States Congress · 11 July 1997
Cultural Education Enhancement Act of 1997 - Amends the National Foundation on the Arts and the Humanities Act of 1965 (NFAHA) to repeal, replace, and rename it the American Heritage Administration Act of 1997. Establishes in the executive branch the American Heritage Administration (AHA). Eliminates the following entities under the current NFAHA: the National Foundation on the Arts and Humanities, the National Endowment for the Arts (NEA), the National Endowment for the Humanities (NEH), the National Council on the Arts, the National Council on the Humanities, the National Capital arts and cultural affairs grants programs, and the Federal Council on the Arts and the Humanities. Provides for appointment of an AHA Director by the President, with Senate advice and consent. Requires the AHA Director to establish and implement programs of: (1) direct grants (using recommendations of peer review advisory councils) to nonprofit groups for projects, productions, and workshops in the fields of arts education and humanities education; and (2) grants to eligible applicant States for use on projects and productions approved by State agencies for specified uses relating to the arts, humanities, and cultural heritage. Specifies additional conditions to: (1) financial assistance to support the arts; (2) all financial assistance under this Act; and (3) division and allotment of appropriated funds. Provides for compliance, enforcement, and evaluation activities. Authorizes appropriations. Sets forth conforming amendments to various Federal laws. Transfers all NEA and NEH property to AHA. Requires the Director of the Office of Management and Budget to transfer the affairs of NEA and NEH, as well as those of the National Council on the Arts, the National Council on the Humanities, and the Federal Council on the Arts and the Humanities, to AHA.
United States · United States Congress · 10 July 1997
Federal Accountability and Institutional Reform in Education Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to revise requirements for student loan cohort default management. Requires guaranty agreements, with regard to due diligence in insured loan collection efforts, to require proof that the institution and the State licensing board were contacted. Requires guaranty agreements to prohibit reimbursement to a guaranty agency upon a default claim unless the agency demonstrates (currently, certifies) diligent attempts, including direct contact with the institution and the State licensing board, have been made. (Sec. 3) Prohibits the Secretary from reimbursing or permitting any eligible lender, servicer, or guaranty agency (or its affiliates) which previously filed a claim for reimbursement on a loan to retain any proceeds from subsequent collection of a defaulted loan to the extent that such funds, when added to the amount of prior reimbursement, exceed 100 percent of the original principal of the loan. Revises provisions relating to notice to the Secretary, payment of loss, notice to institutions of credit bureau information, and cohort default rate. Directs the Secretary to: (1) report annually to the Congress that lenders, servicers and guaranty agencies have demonstrated their compliance with servicing and due diligence requirements; and (2) provide information on the successful practices of low-default lenders, servicers, and guaranty agencies to other financial, servicing, and guaranty institutions participating in HEA student aid programs, to encourage duplication of successful servicing and collection programs. Requires uniform application to all eligible institutions of certain mitigating circumstances which allow an institution to continue in the student loan insurance program despite a high default rate for its three most recent fiscal years. Limits such circumstances to the following criteria: (1) at least 50 percent of the students enrolled in eligible programs qualify for a Pell grant; (2) an institution's student completion rate is 60 percent or greater; and (3) the initial job placement rate of program graduates is 60 percent or greater. (Sec. 4) Provides for: (1) judicial review of any final determination of the Secretary concerning eligibility for, or the terms of participation in, any student loan or grant program; as well as (2) injunctive relief from such determination. (Sec. 5) Requires an institution, at its request, to have access to a complete copy of loan servicing and collection records when appealing, on the basis of alleged improper loan servicing, a loss of eligibility for Federal student loan programs. (Sec. 6) Provides for standard (ten-year), extended (30-year), graduated (30-year), and income-sensitive (25-year) repayment plans for insured, guaranteed, consolidated, and direct loans. Directs the Secretary to discharge a borrower's liability by repaying the holder of a loan subject to an income-sensitive repayment plan the amount of remaining unpaid principal and interest after the borrower has completed 25 years of repayment in accordance with such plan. (Sec. 7) Declares that certain types of student loans shall not be considered in default for any purpose under this paragraph if the borrower is making regularly scheduled payments towards the repayment of the borrower's loan obligation in the amount required by the borrower's repayment plan, even if those payments are not sufficient to pay the interest accruing on a monthly or quarterly basis (negative amortization waiver). (Sec. 8) Revises certain requirements for interest rates for consolidation loans under the Federal Family Education Loan program. Provides for consolidation of new student loans for which no interest subsidy may be paid along with Federal Stafford loans on which the Secretary shall continue making such interest subsidies.
United States · United States Congress · 20 June 1997
TABLE OF CONTENTS: Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal Title II: Enforcement Provisions Budget Enforcement Act of 1997 - Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal - Sets forth a timetable for completion of certain budget actions by the President, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO). (Sec. 102) Directs the President to submit a special message with the OMB Analysis of Actual Spending Levels and Projections for the Upcoming Year if such Analysis indicates that: (1) deficits or outlays in the most recent fiscal or budget year exceeded or are projected to exceed deficit targets or caps, as appropriate; or (2) revenues in such years were less than or projected to be less than revenue targets. Requires such message to include proposed legislative changes to: (1) offset the net deficit, outlay excess, or revenue shortfall; or (2) revise the deficit or revenue targets or outlay caps contained in this Act. Sets forth congressional procedures for the consideration of legislation to address excess deficits or outlays and revenue shortfalls. (Sec. 103) Requires presidential budgets to be consistent with the spending, revenue, and deficit levels established in this Act or to recommend changes to such levels. Makes it out of order in the House of Representatives or the Senate to consider any concurrent budget resolution unless it is consistent with the levels set forth in this Act. (Sec. 104) Sets forth consolidated deficit (or surplus) and revenue targets for FY 1998 through 2002. (Sec. 105) Requires OMB to submit a report containing account numbers and spending limits for specific entitlement categories to the President and the Congress. Applies direct spending caps, effective upon submission of such report, to all entitlement authority except for undistributed offsetting receipts and net interest outlays. Sets forth entitlement categories subject to caps. (Sec. 106) Requires determinations of direct spending caps (as well as any breaches of such caps and actions necessary to remedy such breaches) to be based on certain economic assumptions set forth in the joint explanatory statement of managers accompanying the concurrent resolution on the budget for FY 1998 (House Concurrent Resolution 84) and subject to periodic reestimation based on changed economic conditions or changes in eligible population. (Sec. 107) Provides for automatic adjustments to deficit and revenue targets and caps for entitlements and other mandatory spending to reflect changes in specified economic and other conditions. Title II: Enforcement Provisions - Directs OMB: (1) to compile a statement of actual deficits, revenues, and direct spending for a fiscal year, following the end of that year, identifying such deficits, revenues, and spending by categories of entitlements and other mandatory spending; and (2) in any year in which actual or projected deficits, revenues, or spending in violation of revenue targets or caps by more than one percent of the applicable total revenues or direct spending for the year concerned occurs, to issue a report to the President and the Congress, estimating necessary spending reductions. (Sec. 202) Provides for enforcement of the direct spending caps on categories of spending established under title I of this Act. Applies specified enforcement rules and procedures for any fiscal year in which direct spending exceeds the applicable direct spending cap. (Sec. 203) Sets forth: (1) general rules triggering sequestration to reduce spending for programs subject to direct spending caps; (2) special rules for direct spending programs with certain characteristics; and (3) rules for insurance and loan programs and State grant program formulas. Requires a within session sequester under certain conditions. (Sec. 204) Sets forth procedures for enforcing revenue targets, including delays in implementing tax credits, deductions, exclusions, or cuts under the Revenue Reconciliation Act of 1997. (Sec. 205) Exempts certain budget accounts, activities within accounts, or income from sequestration. Authorizes the President to exempt any military personnel account from sequestration or provide for a lower uniform percentage reduction that would otherwise apply, subject to specified congressional notification requirements. (Sec. 206) Sets forth special rules for sequestration orders for: (1) the child support enforcement program under the Social Security Act; (2) the Commodity Credit Corporation; (3) the earned income tax credit; (4) regular and extended unemployment compensation; (5) the Federal Employees Health Benefits Fund; (6) the Federal Housing Finance Board; (7) Federal pay; (8) Medicare; (9) the Postal Service Fund; (10) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (11) programs which provide a businesslike service in exchange for a fee. (Sec. 207) Directs CBO and OMB to report to the President and the Congress the budget baselines for the budget year and the next nine fiscal years. Specifies requirements for the budget baseline. (Sec. 208) Requires amounts to be withheld from allocation to the appropriate congressional committees (within the discretionary caps for each fiscal year) and reserved for natural disasters and other emergency purposes. Provides that such amounts shall be at least one percent of total budget authority and outlays available within those caps for the fiscal year concerned. Sets forth conditions under which reserved amounts shall be made available for allocation to such committees. Amends the Congressional Budget Act of 1974 to make it out of order in the House or the Senate to consider legislation containing an emergency designation if it also provides an appropriation or direct spending for any other item or contains other matter. Permits such legislation to contain rescissions or spending reductions.
United States · United States Congress · 19 June 1997
Coastal Shipping Competition Act - Amends Federal shipping law known as the Jones Act to redefine U.S. citizen to include certain corporations, partnerships, trusts, joint ventures, and other business entities organized under U.S. or State law, some (but not all) of whose officers, directors, or partners are U.S. citizens (currently all must be U.S. citizens), even though a parent corporation, partnership, or other second- or higher-tier owner, or trust beneficiary, is not a U.S. citizen. Allows a coastwise endorsement on the certificate of documentation for certain foreign qualified vessels and vessels of foreign registry (whose nation of registry and of the citizenship or nationality of each owner of record extends reciprocal privileges to U.S. vessels). Renames the requirements for Great Lakes licenses and registry as inland waterways endorsements requirements. Makes conforming amendments to the Merchant Marine Act, 1920 and other related Federal law with respect to transportation of merchandise or passengers, towing and salvaging operations, dredging operations, liability for injury or death of master or crew member, and requisition of coastwise trade vessels during national emergencies.
United States · United States Congress · 19 June 1997
Presidential and Executive Office Financial Accountability Act of 1997 - Provides, within the Executive Office of the President, for the appointment of: (1) a Chief Financial Officer; and (2) a Deputy Chief Financial Officer.
United States · United States Congress · 19 June 1997
Places a four-year moratorium on the promulgation of new or revised national ambient air quality standards for ozone or fine particulate matter under the Clean Air Act by the Administrator of the Environmental Protection Agency. Requires the Administrator, within five years of this Act's enactment date, to: (1) complete a review of the air quality criteria and standards for ozone and particulate matter; and (2) determine whether to retain or revise such standards or promulgate new standards. Directs the Administrator, in reviewing such criteria for particulate matter, to: (1) evaluate any adverse health effects of exposure to airborne particulate matter; (2) determine the amount and size of particles inhaled and retained in the lungs; and (3) investigate the biological mechanisms by which particulate matter may induce adverse health effects. Authorizes the Administrator to require State implementation plans to require air quality monitoring for fine particulate matter and to make grants to States for such purposes. Authorizes appropriations.
United States · United States Congress · 19 June 1997
Computer Investment Act of 1997 - Amends the Internal Revenue Code to provide for a two-year cost recovery period for computers or peripheral equipment.
United States · United States Congress · 12 June 1997
Communications Satellite Competition and Privatization Act of 1997 - Amends the Communications Satellite Act of 1962 to prohibit the issuance or renewal of any licenses or construction permits to, or the authorization of use of space segments owned by, any separated entity unless the Federal Communications Commission (FCC) determines that such activities will not harm competition in the U.S. telecommunications market. Defines a "separated entity" as a privatized entity to whom a portion of the International Telecommunications Satellite Organization's (INTELSAT) or the International Mobile Satellite Organization's (Inmarsat) assets are transferred prior to their full privatization. Requires the FCC to limit or revoke the authority to use space segments owned or operated by INTELSAT or Inmarsat to provide non-core services to, from, or within the United States unless after January 1, 2002, and January 1, 2001, INTELSAT and Inmarsat, respectively, and their successor entities, have been privatized in a manner that will not harm competition in the U.S. telecommunications markets. Limits expansion of INTELSAT and Inmarsat services pending privatization of such entities. Prohibits the FCC from assisting in the registration of new orbital slots for INTELSAT or Inmarsat after January 1, 2002, and January 1, 2001, respectively, unless such entities have been privatized in a manner that will not harm competition. Directs the President and the FCC to secure a pro-competitive privatization of INTELSAT and Inmarsat that meets specified criteria, including requirements that: (1) INTELSAT and Inmarsat are privatized by January 1, 2002, and January 1, 2001, respectively; (2) successor and separated entities are national, stock corporations independent of signatories that control access to telecommunications markets and of any intergovernmental organizations; (3) preferential treatment is terminated; (4) expansions are prohibited during transition; (5) successor or separated entities apply through national licensing authorities for international frequency assignments and orbital registrations; (6) such entities are domiciled in countries that have laws and regulations that secure competition in telecommunications services, are signatories of the World Trade Organization Basic Telecommunications Services Agreement, and have a schedule of commitments in the Agreement that includes non-discriminatory market access to satellite markets; (7) unused orbital slots are returned to the International Telecommunication Union; and (8) INTELSAT's and Inmarsat's assets are audited before transfer. Lists specific additional licensing criteria for INTELSAT, INTELSAT separated entities, and Inmarsat. Requires the FCC to permit providers or users of telecommunications services to obtain direct access to INTELSAT and Inmarsat telecommunications services by January 1, 2001, and January 1, 2000, respectively, and to treat the communications satellite corporation (COMSAT) as a nondominant carrier on the effective date of such actions. Permits multiple signatories to represent the United States in INTELSAT and Inmarsat on such dates. Authorizes the FCC to impose regulatory fees on the U.S. signatory. Prohibits the FCC from assigning orbital slots or spectrum used for international or global satellite communications services by competitive bidding.
United States · United States Congress · 12 June 1997
Staffing Firm Worker Benefits Act of 1997 - Amends the Internal Revenue Code to define "employer," in the case of a qualified staffing firm, as the employer of individuals performing services for a customer of the firm for purposes of provisions relating to: (1) collection of income tax at source on wages; (2) the Federal Insurance Contributions Act; and (3) the Federal Unemployment Tax Act. Defines a "qualified staffing firm" as any person engaged in providing staffing services to a customer under a service contract if, regarding a worker performing services for the customer covered by the contract, the firm has responsibility for payment of wages, handles withholding taxes and benefits, has authority to hire, reassign and dismiss, maintains employee records, and has responsibility for addressing the worker's complaints, claims, filings, or employment-related requests. (Sec. 3) Includes in the definition of "employee," for specified provisions relating to various employee benefits, any individual whose employer is a qualified staffing firm. Treats certain changes in the employment relationship between an individual and a qualified staffing firm (or its customer or former customer) as a termination of employment from the firm (or the customer). (Sec. 4) Treats a leased employee as an employee of the recipient of the employee's services and treats contributions or benefits provided by the recipient as provided by the recipient for purposes of provisions relating to qualified pension, profit-sharing, and stock bonus plans. Sets forth special rules applicable to the leasing organization's plans. (Sec. 5) Revises leased employee safe harbor requirements.
United States · United States Congress · 11 June 1997
Amends the Agricultural Market Transition Act to: (1) reduce the loan rate for quota peanuts by specified amounts through crop year 2001; and (2) eliminate peanut price supports as of crop year 2002. Amends: (1) the Agricultural Adjustment Act of 1938 to eliminate peanut marketing quota provisions as of crop year 2002; and (2) the Agricultural Act of 1949 to make conforming amendments. Prohibits the Secretary of Agriculture (Secretary) from providing any subsequent peanut price supports. Directs the Secretary to make nonrecourse loans and loan deficiency payments available to peanut producers beginning with crop year 2002. Sets forth: (1) loan rate, term, and repayment provisions; and (2) deficiency computation provisions.
United States · United States Congress · 10 June 1997
National Salvage Motor Vehicle Consumer Protection Act of 1997 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a word or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Sets forth requirements for the transfer of salvage title and rebuilt salvage title vehicles and nonrepairable vehicle certificate vehicles. Requires persons transferring ownership of a salvage vehicle to give notice to the transferee that the vehicle is a salvage vehicle. Directs the Secretary to prescribe requirements (similar to those of the Automobile Information Disclosure Act) that a label containing certain information be affixed to the windshield or window of a rebuilt or remanufactured salvage vehicle before its first sale. Prohibits a person from willfully removing, altering, or rendering illegible such label before the vehicle is delivered to the ultimate purchaser. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of the above acts. Sets forth civil and criminal penalties for violations of this Act. Authorizes States and other State officials to bring civil or criminal action in the appropriate court to enforce the requirements of this Act.
United States · United States Congress · 10 June 1997
Local Television Competition and Diversity Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission not to prohibit a person or entity directly from owning, operating, or controlling, or from having a cognizable interest in, two television stations within the same television market if at least one of such stations is a UHF television station, unless the Commission determines that permitting such activities will significantly harm competition or the preservation of a diversity of media voices in such market. Allows the Commission, in unusual and compelling circumstances, to permit a person or entity to own, operate, or control, or to have a cognizable interest in, two VHF television stations within the same television market if the applicant demonstrates that it will not significantly harm competition or the preservation of a diversity of media voices in that market.
United States · United States Congress · 3 June 1997
Congressional Pension Reform Act of 1997 - Provides for the deduction and withholding of seven percent (currently, eight and seven and one-half percent, respectively) of the basic pay of a Member of Congress or congressional employee under the Civil Service Retirement System, thus making such deduction and withholding equivalent to that of a Federal employee. Makes provisions regarding immediate retirement, entitlement to annuities, and deferred retirement for Federal employees applicable to Members. Removes specified provisions regarding annuities, reduced annuities, and deferred retirement for Members. Removes a provision that entitles a Member to an annuity if he or she serves in nine Congresses. Continues the applicability of existing provisions regarding immediate Member annuities and deferred retirement with respect to Members serving on or after this Act's effective date who, as of the day before such effective date, satisfy the existing age and service requirements for entitlement to immediate annuities or deferred retirement. Revises the formula for computing annuities of Members and congressional employees with at least five years of service to restrict creditable service to service performed before this Act's enactment date. Makes similar amendments with respect to the computation of Federal Employees' Retirement System (FERS) annuities for Members and congressional employees. Makes the reduction in annuity for Federal employees retiring before age 55 applicable to Members as well. Repeals provisions that provide for a different reduction formula for Members. Repeals provisions concerning: (1) annuities for surviving spouses of Members entitled to deferred annuities; (2) the treatment of annuities during periods of reemployment; and (3) eligibility for annuities of Members or survivors. Makes deductions and withholding and the formula for Government contributions under FERS for Members and congressional employees conform to those of Federal employees.
United States · United States Congress · 3 June 1997
Former Speakers Privilege Reform Act of 1997 - Repeals provisions of H. Res. 1238, 91st Congress, thus terminating certain entitlements of former Speakers of the House of Representatives, such as: (1) retention of a Federal office (furnished and maintained by the Government) in the Member's congressional district after his or her expired term in office; (2) an allowance for payment of office and other expenses or administration of matters pertaining to incumbency in office as Representative and Speaker; (3) franked mail and printing privileges; and (4) staff assistance in connection with the administration, settlement, and conclusion of matters pertaining to, or arising out of, his or her incumbency in such office.
United States · United States Congress · 22 May 1997
Medical Device Regulatory Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission and to mandate annual FDA and Comptroller General reports to specified congressional committees. (Sec. 3) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary, to establish a procedure under which the regulated person may request a review of the disputed subject matter. (Sec. 4) Revises or imposes requirements regarding: (1) investigational device exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing recognition of self-certifiable consensus standards); (5) effectiveness determinations (as used in classifying devices); (6) reliance on postmarket controls to expedite classification; (7) substantial equivalence; (8) labeling (as affecting premarket approval); (9) supplemental applications; (10) promotional material representations; (11) premarket notification; (12) initial classification; (13) classification panels; and (14) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates accreditation of persons to review and initially classify devices. (Sec. 13) Mandates publication of a list of types of class III devices that are not subject to regulation under specified provisions and for which the Secretary has determined that premarket approval is unnecessary, requiring each to be regulated as class III subject to general and appropriate special controls. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 17) Removes distributors from recordkeeping and reporting requirements. Removes reporting requirements regarding certain certification and removals and corrections. Mandates new user reporting regulations limiting user reporting to a user subset to create a representative profile of user reports. (Sec. 18) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 19) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 20) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental assessment or impact statement. (Sec. 22) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 22 May 1997
Welfare Flexibility Act of 1997 - Permits State use of nongovernmental personnel to determine eligibility under the Medicaid, food stamp, and special supplemental nutrition program for women, infants, and children (WIC) programs.
United States · United States Congress · 22 May 1997
Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to allow for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies. Mandates development, publication, and annual updating of a list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population.
United States · United States Congress · 22 May 1997
National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to establish: (1) the National Institute of Biomedical Imaging in the National Institutes of Health; and (2) the National Biomedical Imaging Program. Authorizes appropriations.
United States · United States Congress · 22 May 1997
Provides for the transfer of the United States Postal Service to a private corporation. Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary. Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer.
United States · United States Congress · 22 May 1997
Expresses the sense of the Congress that the Administrator of the Environmental Protection Agency should: (1) immediately release to the Congress the study of mercury emissions required under the Clean Air Act to have been completed by November 15, 1994; (2) conduct landfill air emission tests for mercury in the Northeast and nationally; and (3) not exempt mercury-containing lamps from hazardous waste regulations, but instead adopt universal waste rules that foster mercury recycling.
United States · United States Congress · 21 May 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 20 May 1997
Freedom From Religious Persecution Act of 1997 - Establishes in the Executive Office of the President the Office of Religious Persecution Monitoring, whose Director, appointed by the President, with Senate consent, shall: (1) consider the facts and circumstances of violations of religious freedom presented in certain annual reports on human rights by the Department of State and by independent human rights groups and nongovernmental organizations; (2) make policy recommendations to the President regarding U.S. policies toward governments engaged in religious persecution; and (3) maintain lists of religious persecution facilitating goods and services and the responsible entities within countries engaged in religious persecution. (Sec. 3) Distinguishes between category 1 religious persecution (conducted by government officials or agents) and category 2 religious persecution (conducted by non-government entities or persons, but which the government fails to undertake serious and sustained efforts to eliminate). (Sec. 5) Requires the Director to report to specified congressional committees on countries and entities engaged in religious persecution, identifying the category of persecution and listing persecution facilitating products, goods, and services. (Sec. 7) Prohibits: (1) Federal agencies and U.S. persons from exporting goods, including religious persecution facilitating goods and services, to countries and responsible entities engaged in religious persecution; and (2) U.S. and multilateral assistance to such countries. Directs the President, in casting any vote concerning the membership of a country in the World Trade Organization (WTO), to consider as a significant factor that the country is engaged in religious persecution. Directs the Secretary of State to deny the issuance of a visa to, and the Attorney General shall exclude from the United States, any alien responsible for carrying out acts of religious persecution. (Sec. 8) Provides for the waiver of such sanctions. (Sec. 9) Amends the Immigration and Nationality Act (as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), with respect to eligibility for asylum in the United States, to include under the term "credible fear of persecution" aliens who can claim membership in a community found to be subject to religious persecution. Directs the Attorney General to establish a program to provide training on religious persecution to immigration officers who inspect aliens for admission into the United States. Sets forth procedures for the denial of admission based on religious persecution claims. (Sec. 10) Sets forth requirements with respect to certain State Department human rights reports. Directs the Secretary of State to provide training on the right to religious freedom to chiefs of missions as well as certain Department officials. (Sec. 11) Provides for the termination of sanctions. (Sec. 12) Extends certain existing trade and economic sanctions against Sudan for supporting acts of international terrorism until the Director determines that Sudan has substantially eliminated religious persecution, or no longer supports acts of international terrorism, whichever occurs later. Imposes additional trade, economic, and cultural sanctions against Sudan. Sets forth penalties for violations of certain sanctions. Declares it is the sense of the Congress that the President, or, at his discretion, the Secretary of State should convene an international conference of the other industrialized democracies to reach an international agreement to bring about an end to religious persecution in Sudan. Prescribes congressional procedures for implementing such an agreement. Declares it is the sense of the Congress that the President should instruct the Permanent Representative of the United States to the United Nations (UN) to propose that the UN Security Council impose measures against Sudan. Makes it U.S. policy to impose additional measures against Sudan if its policy of religious persecution has not ended on or before December 25, 1997.
United States · United States Congress · 20 May 1997
Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (Amtrak), eliminating intercity rail passenger transportation (while retaining Amtrak commuter services). Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by Amtrak. Authorizes appropriations in decreasing amounts over four fiscal years. Repeals specified laws that apply to Amtrak operations, abolishing the Board of Directors. Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with Amtrak. Repeals: (1) certain provisions which require Amtrak to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the Amtrak route system; and (3) all authority for the Northeast Corridor improvement program. Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system. (Sec. 8) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation.
United States · United States Congress · 16 May 1997
Securities Litigation Improvement Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private civil action in State court or under State law (including a pendent State claim to an action under Federal law) which alleges: (1) a misrepresentation or omission in connection with the purchase or sale of a covered security (a security that is exclusively under Federal registration); or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Grants Federal district courts exclusive jurisdiction over suits and offenses brought under the Act.
United States · United States Congress · 15 May 1997
Declares that the Congress: (1) maintains that the standard for the "Made in USA" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.
United States · United States Congress · 14 May 1997
Independent Commission on Campaign Finance Reform Act of 1997 - 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 July 1998 or 240 days after the appointment of its members (whichever occurs earlier), 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 (including technical and conforming provisions) 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 · 14 May 1997
ESOP Promotion Act of 1997 - Repeals provisions of the Small Business Job Protection Act of 1996 which made certain employee stock ownership plans (ESOP) benefits inapplicable to S corporations (certain small business corporations). Allows ESOP closely-held corporate sponsors to pay estate tax if an estate transferred the stock of the corporation to an ESOP. Permits ESOP dividends to be reinvested without losing the dividend deduction. Excludes from gross income transfers of qualified securities in connection with the performance of services if such securities are sold to an ESOP within 60 days of the taxable event. Allows for a qualified gratuitous transfer of remainder interest in qualified employer securities to an ESOP following the termination of payments to a charitable remainder annuity trust or a charitable remainder unitrust. Provides that securities acquired by an ESOP in a qualified gratuitous transfer allocated to any person who is related to the decedent or to any person who is a five percent shareholder be treated as having been distributed.
United States · United States Congress · 14 May 1997
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $2,000 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Imposes penalties for excess contributions or prohibited transactions associated with an account. Provides for an from annual contribution limitations for distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
United States · United States Congress · 8 May 1997
Leave Equity for Adoptive Families Act of 1997 - Entitles any employee who needs it, because of placement of a child with the employee for adoption or foster care, to any leave benefit provided by the employer for care of an employee's newborn biological child or for recovery from the employee's own illness, injury, or disability. Requires that such leave commence no later than 12 months after such placement. Authorizes civil actions to enforce this Act.
United States · United States Congress · 8 May 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Energy Title II: Energy Laboratory Facilities Title III: Privatization of Federal Power Marketing Administration Title IV: Transfer and Disposal of Reserves Title V: National Security and Environmental Management Programs Subtitle A: Defense Nuclear Programs Agency Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department Title VII: Civilian Radioactive Waste Management Title VIII: Miscellaneous Provisions Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator. (Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after enactment of this Act. Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the transfer or termination of its functions. Title II: Energy Laboratory Facilities - Establishes an independent Energy Laboratory Facilities Commission to privatize and reduce energy laboratories and programs. Prescribes procedural guidelines. (Sec. 205) Establishes the Energy Laboratory Facility Closure Account to fund implementation of such guidelines. Title III: Privatization of Federal Power Marketing Administrations - Federal Power Asset Privatization Act of 1997 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations (except the Bonneville Power Administration (BPA)). Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations (except BPA operations) upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration concerned. (Sec. 305) Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. (Sec. 306) Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. (Sec. 307) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the prohibition against the use of appropriated funds for studies regarding a changeover from an "at cost" to a "market rate" or other noncost-based methodology for pricing hydroelectric power. (Sec. 308) Transfers to the Secretary of the Interior all DOE functions affecting the BPA. Instructs the Secretary to study and report to the Congress on the most cost-effective option of disposing of the BPA. Title IV: Transfer and Disposal of Reserves - Transfers to the Secretary of the Interior all former DOE functions affecting the Strategic Petroleum Reserve. Instructs the Secretary to: (1) sell the reserves held at Weeks Island, Louisiana; and (2) appoint an advisory board to monitor the sale of such reserves and report to the Congress on whether the United States should maintain or dispose of the Strategic Petroleum Reserve. (Sec. 402) Transfers to the Administrator of the Energy Programs Resolution Agency all functions performed with respect to the naval petroleum reserves, except Naval Petroleum Reserve Numbered 1 (Elk Hills). Instructs the Administrator to: (1) obtain the highest possible price for the naval petroleum reserves; and (2) develop a joint plan with the Secretary of the Interior for disposal of the naval petroleum reserves within a specified timeframe. Title V: National Security and Environmental Management Programs - Subtitle A: Defense Nuclear Programs Agency - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs with primary responsibility for defense nuclear programs. (Sec. 504) Transfers to the Under Secretary all supervisory functions previously performed by: (1) DOE over Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) Defense Special Weapons Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board. Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary. (Sec. 505) Places restrictions upon the transfer of funds by the Agency. (Sec. 508) Requires the Energy Laboratory Facilities Commission to transmit recommendations to the Congress for a civilian entity that should perform the functions previously performed by DOE relating to the naval nuclear propulsion program. Precludes Commission consideration of the Defense Nuclear Programs Agency or any other entity within DOD. Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities consistent with this Act. (Sec. 521) Sets forth guidelines for site-specific risk assessment, including a cost-benefit analysis of risk reduction, before the selection of a remedial action at a defense nuclear facility. (Sec. 523) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency, and the relevant State in order to have it reflect this Act. Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department - Limits authorizations for enumerated energy research and development programs through FY 2002. (Sec. 601) Directs the Energy Laboratory Facilities Commission to identify for the Congress all DOE research and development activities carried out at energy laboratories or institutions of higher education that perform a critical research function important to the long-term economic well-being of the United States. Directs the Secretary of Energy to terminate all DOE clean coal technology research and development activities. Authorizes appropriations for DOE fossil energy and energy conservation research and development activities. Terminates such activities 1at the end of FY 2000. Transfers from DOE to DOD specified weapons and defense activities. (Sec. 602) Transfers to the Department of the Treasury all functions performed by the Energy Information Administration (EIA). Authorizes appropriations for the EIA. Transfers to the Attorney General all functions performed by the Energy Regulatory Administration. Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer to the Army Corps of Engineers (the Corps) its authority and assets with respect to a repository for radioactive waste and spent nuclear fuel. Requires: (1) the Corps to assume all obligations of the Office affecting the Yucca Mountain site; and (2) reissuance of Nevada State permits for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan. (Sec. 702) Amends the Nuclear Waste Policy Act of 1982 to reaffirm that the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning by January 31, 1998, is absolute and is not dependent on commencement of operation of a repository or a monitored retrievable storage facility. States that such obligation shall be neither voided nor delayed for any reason. Repeals: (1) the site selection limitation placed upon the siting of a monitored retrievable storage facility; and (2) the licensing conditions placed upon such facility. (Sec. 703) Prescribes procedural guidelines for the licensing and expansion of an initial uranium storage facility. Title VIII: Miscellaneous Provisions - Authorizes the Office of Management and Budget to make any determination regarding functions transferred under this Act and incidental transfers.
![Official portrait of Rep. Klug, Scott L. [R-WI-2]](https://www.congress.gov/img/member/k000274_200.jpg)