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United States · Official source
646 records where Rep. Scarborough, Joe [R-FL-1] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 26 February 1998
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
United States · United States Congress · 24 February 1998
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
United States · United States Congress · 24 February 1998
TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorneys' fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.
United States · United States Congress · 12 February 1998
Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who served honorably while such a prisoner, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, surviving spouse, minor child, and unmarried adult child (again, discretionary) of a member buried as part of a group burial (but cannot be buried in the group gravesite); (9) the spouse, surviving spouse, minor child, or unmarried adult child of any person already buried in the Cemetery; (10) the widow or widower of a member who was lost or buried at sea or officially determined to be permanently absent in a missing or missing in action status; and (11) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Makes such burial eligibility the exclusive eligibility for Cemetery burial. Prohibits the Secretary of the Army or any other responsible official from considering a request for Cemetery burial made before the death of the individual. Allows gravesite markers to be provided by the Secretary or at private expense, as long as certain marker and marker maintenance conditions are met. Directs the Secretary to maintain for the public a register of each individual buried in the Cemetery which shall include, for each individual buried there on or after January 1, 1998, a brief description of his or her eligibility for such burial. Requires the Secretary to publish an updated pamphlet describing Cemetery burial eligibility. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a person eligible for burial under this Act; (2) a veteran whose last period of active duty ended honorably; and (3) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran. Prohibits a memorial or marker: (1) from being placed in the Cemetery unless it commemorates the service of the individual or group whose memory is to be honored by such memorial or marker; or (2) that refers to a particular military event from being placed in the Cemetery until 25 years after such event.
United States · United States Congress · 12 February 1998
Alternative Water Source Development Act of 1998 - Requires the Administrator of the Environmental Protection Agency to establish a program for making grants for the development and construction of alternative water source projects to State, interstate, and intrastate water resource development agencies and local government agencies that have authority to develop water resources for potable, commercial, industrial, or agricultural uses. Permits grants only for agencies in States experiencing critical water supply needs. Requires the Administrator to carry out such program to: (1) demonstrate methods of developing alternative water source technologies; and (2) protect groundwater from overpumping and to preserve minimum flows and levels of surface water bodies. Permits grants only to agencies that have: (1) engaged in a planning effort to assess the availability of water resources and the need to develop alternative sources and have produced a comprehensive water resource plan to meet expected water resource needs for a 20-year period; (2) demonstrated that currently available water resources will not be sufficient to provide for expected potable, commercial, industrial, and agricultural needs over the next 20 years; and (3) agreed to provide 50 percent of the cost of the project to be funded with the grant. Makes agencies of States eligible for assistance or receiving funds under the Reclamation Projects Authorization and Adjustment Act of 1992 ineligible for grants under this Act. Requires the Administrator to report to the Congress on the program, together with an analysis of whether program purposes have been realized and recommendations for administrative and legislative actions. Authorizes appropriations.
United States · United States Congress · 3 February 1998
Amends the Federal criminal code to treat the following as an antique firearm for purposes of the Federal firearms laws: any firearm in which black powder and a projectile are loaded through the muzzle, and such powder is ignited by a percussion-activated ignition system to expel the projectile, and which does not use fully assembled or fixed, rimfire, or conventional centerfire ammunition.
United States · United States Congress · 3 February 1998
Arlington National Cemetery Integrity Act of 1998 - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member who served on active duty, was carried on a retired list, and was entitled to retired pay; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who while such a prisoner served honorably, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) any former member whose last active military service terminated honorably and who has held one of a number of specified positions in the Federal Government, the Supreme Court, or the State Department; (7) the President or any former President; (8) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member; and (9) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Authorizes: (1) burial in another part of the Cemetery in the case of the remains of a spouse who cannot be buried at the gravesite of the related spouse due to the encroachment of tree roots, shrubs, plants, or similar events; and (2) Cemetery burial for the remains of disabled adult unmarried children of individuals eligible for Cemetery burial. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a veteran whose last period of active duty ended honorably; and (2) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran.
United States · United States Congress · 27 January 1998
Tax Code Termination Act - 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. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 27 January 1998
Terminates, effective on October 1, 2003, a military retiree's required contributions to the military Survivor Benefit Plan after such retiree has made such contributions for 30 years and has attained age 70.
United States · United States Congress · 27 January 1998
Marriage Protection and Fairness Act of 1998 - Amends the Internal Revenue Code to authorize a married couple to file jointly using unmarried tax rates (the tax being the aggregate of the two individually taxed incomes).
United States · United States Congress · 27 January 1998
Requests that the U.S. Postal Service issue a commemorative postage stamp in 1999 in honor of the 100th anniversary of the founding of the Veterans of Foreign Wars of the United States.
United States · United States Congress · 13 November 1997
Grants to the Miccosukee Tribe the right to occupy, reside in, and govern in perpetuity the Tamiami Indian reservation as a Federal Indian Reservation.
United States · United States Congress · 13 November 1997
Calls for Sara E. Lister, Assistant Secretary of the Army for Manpower and Reserve Affairs, to resign from office or, in the alternative, be removed from such office by the President.
United States · United States Congress · 12 November 1997
Construction Subcontractors Payment Protection Enhancement Act of 1998 - Amends the Office of Federal Procurement Policy Act to provide for the establishment of policies assuring the timely payment of contractors, subcontractors, and suppliers. Amends the Miller Act to revise provisions concerning payment bonds.
United States · United States Congress · 9 November 1997
Directs the Secretary of Agriculture to release U.S. reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes. Authorizes the Secretary of the Interior to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the U.S. mineral interests in any real property for which a reversionary interest is released.
United States · United States Congress · 9 November 1997
Expresses the sense of the Congress that the Attorney General should remove Hani El-Sayegh from the United States to Saudi Arabia.
United States · United States Congress · 8 November 1997
Federal Sunset Act of 1998 - Establishes the Federal Agency Sunset Commission to: (1) submit to the Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; and (2) review and evaluate the efficiency and public need for each agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is continued by the Congress.
United States · United States Congress · 8 November 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Excludes from identification in such reports any such persons who were previously identified or sanctioned, who are subject to a waiver, or who have acted on behalf of, or in concert with, the United States. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged. Expresses the sense of the Congress that the President should exercise the authority granted to him under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to prevent: (1) the transfer through purchase, barter, or other acquisition of weapons-related material and delivery systems to Iran; and (2) the transfer to Iran of scientific and technical expertise with respect to such material and systems. Authorizes the use of certain assistance, otherwise available for the independent states of the former Soviet Union under the Foreign Assistance Act of 1961, to prevent such transfers.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to exempt safety and health assessments, audits, and reviews conducted by or for an employer from disclosure in enforcement actions under such Act, with specified exceptions.
United States · United States Congress · 6 November 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or to an applicable program, to develop, plan, implement, or administer any national testing program. Amends the Elementary and Secondary Education Act of 1965 to establish a similar prohibition against use of certain funds (from the Fund for the Improvement Education) for any national testing program. Exempts from such funding prohibitions the Third International Mathematics and Science Study.
United States · United States Congress · 5 November 1997
Balanced Budget Incentive Act - Amends the Legislative Reorganization Act of 1946 to prohibit rates of pay for Members of Congress from being increased, as a result of a cost-of-living adjustment, by a percentage greater than the maximum percentage allowable for a year. Provides that the maximum percentage allowable for a year is the percentage by which benefits under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act are increased (if at all) effective December 1 of the preceding year pursuant to a cost-of-living or general benefit increase. Bars annual pay increases for Members of Congress for a calendar year if the Director of the Congressional Budget Office determines that there was a deficit in the U.S. Government budget for the last fiscal year ending before the start of such calendar year.
United States · United States Congress · 31 October 1997
Iran Missile Protection Act of 1997 - Authorizes supplemental appropriations for FY 1998 for the Department of Defense for cooperative activities with Russia for determining: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian missile threat. Requires a certification by the President to the Congress with respect to the information to be released by Russia before such funds may be appropriated. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information. Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril. Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions.
United States · United States Congress · 31 October 1997
Deplores the refusal of the Attorney General to seek application for an independent counsel concerning the 1996 election campaign of President Clinton and Vice President Gore and denounces the Attorney General's investigation. Instructs the Attorney General to seek application for an independent counsel and instructs the President to request that the Attorney General seek such application without further delay.
United States · United States Congress · 24 October 1997
Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 9 October 1997
Clean Books Act - Repeals certain unfunded education programs under various Federal laws. Repeals specified provisions of the Adult Education Act for: (1) business, industry, labor, and education partnerships for workplace literacy; (2) English literacy grants; (3) education programs for commercial drivers; and (4) adult literacy volunteer training. Repeals specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act for: (1) other State-administered programs; (2) State assistance for vocational education support programs by community-based organizations; (3) consumer and homemaking education; (4) comprehensive career guidance and counseling programs; (5) business-labor-education partnerships for training; (6) supplementary State grants for facilities and equipment and other program improvement activities; (7) community education employment centers and vocational education lighthouse schools; (8) demonstration programs; and (9) certain bilingual programs. Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994). Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program. Repeals provisions of the Elementary and Secondary Education Act of 1965 (ESEA) for: (1) innovative elementary school transition projects; (2) school dropout assistance; (3) impact aid program; (4) special programs and projects to improve educational opportunities for Indian children; (5) special programs relating to adult education for Indians; (6) Federal administration of such special programs, including the National Advisory Council on Indian Education; (7) the De Lugo territorial education improvement program; (8) extended time for learning and longer school year; and (9) territorial assistance. Repeals the Family and Community Endeavor Schools Act. Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations. Repeals specified provisions of the Higher Education Act of 1965 for: (1) State and local programs for teacher excellence; (2) national teacher academies; (3) class size demonstration grants; (4) middle school teaching demonstration programs; (5) small State teaching initiative; (6) early childhood education training; and (7) grants to States for workplace and community transition training for incarcerated youth offenders. Amends the Higher Education Amendments of 1992 to eliminate the Olympic Scholarships program. Repeals specified provisions of the Rehabilitation Act of 1973 for: (1) career advancement training consortia; (2) vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; (4) comprehensive rehabilitation centers; (5) special demonstration programs; (6) reader services for blind individuals; (7) interpreter services for deaf individuals; (8) community service employment pilot programs for individuals with disabilities; and (9) business opportunities for individuals with disabilities. Eliminates certain demonstration activities, including: (1) transportation services grants; (2) projects to achieve high quality placement; (3) early intervention demonstration projects; (4) transition demonstration projects; (5) barriers to successful rehabilitation outcomes for minorities; (6) studies, special projects, and demonstration projects to study management and service delivery; (7) the National Commission on Rehabilitation Services; (8) model personal assistance services systems; (9) demonstration projects to upgrade worker skills; and (10) model systems regarding severe disabilities. Eliminates certain training activities, including: (1) distance learning through telecommunications; (2) training regarding impartial hearing officers; and (3) recruitment and retention of urban personnel. Repeals specified provisions of the Stewart B. McKinney Homeless Assistance Act for grants to State educational agencies for programs of literacy training and academic remediation for adult homeless individuals. Repeals specified provisions of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 for various training and demonstration projects, including programs for technology training, technology transfer, device and equipment redistribution information systems and recycling centers, business opportunities for individuals with disabilities, and products of universal design.
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
Social Security Information Act of 1997 - Amends title XI of the Social Security Act to revise requirements for the social security account statements distributed annually by the Secretary of Health and Human Services. Requires such statements to include: (1) a separate estimate of the interest earned on employee and self-employment contributions for hospital insurance and old-age, survivors, and disability insurance; (2) specified information on the projected value of the aggregate amount of employer and employee contributions for old-age and survivors insurance, as well as annual and total amounts of benefits, in dollars adjusted for inflation; (3) the average annual rates of return on Treasury ten-year savings bonds and the Standard and Poor's 500; and (4) monthly and projected annual trust fund balances.
United States · United States Congress · 9 October 1997
Expresses the sense of the Congress that: (1) all schools should be drug-free; (2) all Federal, State, and local drug fighting agencies should work together with schools and parents to ensure that a renewed effort is made to fight the distribution, sale, and use of illegal drugs in our schools and to America's youth; (3) all governmental leaders and parents share a role in raising awareness of this issue and offering constructive alternatives to illegal drug use; and (4) the Congress and the President should set a goal and work with local communities and parents to end the distribution, sale, and use of illegal drugs in the Nation's schools by the year 2000.
United States · United States Congress · 7 October 1997
Disapproves the President's cancellations (line item veto) of appropriations for 38 military construction projects in the Military Construction Appropriations Act, 1998.
United States · United States Congress · 7 October 1997
Asthma Inhalers Regulatory Relief Act of 1997 - Bars the Administrator of the Environmental Protection Agency, under title VI of the Clean Air Act, from prohibiting the manufacture, distribution, or sale of metered-dose inhalers that use chlorofluorocarbons unless the Administrator and the Commissioner of Food and Drugs jointly certify to the Congress that alternatives are available for all populations of inhaler users that are comparable in terms of safety, effectiveness, costs, and retail availability.
United States · United States Congress · 7 October 1997
Disapproves the President's cancellations (line item veto) of appropriations for 38 military construction projects in the Military Construction Appropriations Act, 1998.
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 · 26 September 1997
Requires an officer who entered the Uniformed Services University of the Health Sciences in 1983 and successfully completed instruction at such University in 1987 to be treated in the same manner as a student of the University who graduated in 1986 for purposes of determining pay and years of service, notwithstanding an inconsistent provision under the Defense Officer Personnel Management Act.
United States · United States Congress · 23 September 1997
Congressional Pay Integrity and Accountability Act of 1997 - Amends the Legislative Reorganization Act of 1946 to eliminate automatic pay adjustments for Members of Congress. Requires the annual rate of pay for Members to be the rate payable as of the enactment of this Act, until such rate is adjusted under provisions of the Federal Salary Act of 1967 or other provision of law.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Issues Title II: Improved Bankruptcy Administration Responsible Borrower Protection Bankruptcy Act - Title I: Consumer Bankruptcy Issues - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy (under chapter 7 (Liquidation)) if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Modifies notice requirements to apprise a consumer debtor of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 104) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 105) Instructs the bankruptcy court to confirm the bankruptcy plan of an individual if it provides that the holder of a secured allowed claim retains the lien securing such claim until discharge of all debts. (Sec. 106) Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 107) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 108) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim determined under applicable non-bankruptcy law has been paid in full as of the date of conversion. (Sec. 109) Terminates the automatic stay 30 days after filing of a petition if a petition was pending and dismissed under chapter 7 the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 110) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 111) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 112) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 113) Establishes the Bankruptcy Exemption Study Commission to study and report to the Congress on issues and problems in the bankruptcy system, including whether exemptions should be uniform nationally, and the appropriate size of exemptions in individual cases. Authorizes appropriations. (Sec. 114) Mandates that a chapter 13 debtor file a bankruptcy plan within a specified deadline. (Sec. 115) Changes from discretionary to mandatory the court's authority to dismiss an individual debtor case if relief would be a substantial abuse of chapter 7. Requires the court to find that substantial abuse exists if: (1) the debtor is ineligible for chapter 7 relief under the needs-based test; or (2) the totality of the circumstances of the debtor's financial situation demonstrate substantial abuse. (Sec. 116) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 117) Mandates a maximum five-year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. (Sec. 118) Revises prescriptions governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought Chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 120) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile, or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a Chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. (Sec. 121) Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Title II: Improved Bankruptcy Administration - Modifies the organization of bankruptcy courts to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 202) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 203) Directs the Administrative Office to establish and maintain a nationwide debtors' docket accessible to searches by any users. (Sec. 204) Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 207) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Terminates such stay if the debtor fails to complete an intended surrender of consumer debt collateral. (Sec. 210) Expands debtor's duties to require filing with the bankruptcy court: (1) Federal tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from the commencement of the case until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 211) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 212) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 213) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 18 September 1997
Supports National Mammography Day and urges all American women to take an active role in the fight against breast cancer by all means available to them. Calls for recognition of the role played by community organizations and health care providers in promoting awareness of the importance of regular mammograms and in helping to expand the availability of low-cost mammograms.
United States · United States Congress · 17 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 16 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2000; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2000. Prohibits the provisions of the preceding sentence from applying to taxes imposed by the following chapters of the Code: (1) two (relating to the tax on self-employment income); (2) 21 (Federal Insurance Contributions Act); and (3) 22 (Railroad Retirement Tax Act).
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 11 September 1997
Amends Federal law relating to health insurance for Federal employees to authorize the Office of Personnel Management to contract for or approve one or more high deductible plans providing specified benefits. Allows the Government contribution for high deductible plans to be 100 percent of the subscription charge. Requires that, if 60 percent of the average subscription charge exceeds the total subscription charge of an employee's or annuitant's plan, the excess be paid into the employee's or annuitant's medical savings account. Determines that average disregarding high deductible plans. Amends Internal Revenue Code medical savings account provisions to require, for those provisions, treating the Federal Government as a small employer. Exempts individuals in high deductible plans from provisions limiting: (1) the medical savings account deduction to the compensation of the individual (provides for coordination with the exclusion for employer contributions); and (2) the number of taxpayers having medical savings accounts.
United States · United States Congress · 8 September 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, good, 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. Declares that no consular officer shall issue 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. Expresses 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. Expresses 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 · 4 September 1997
TABLE OF CONTENTS: Title I: Federal-Aid Highways Title II: Highway Safety Title III: Federal Transit Administration Programs Title IV: Motor Carrier Safety Title V: Programmatic Reforms and Streamlining Title VI: Transportation Research Subtitle A: Surface Transportation Research, Technology, and Education Subtitle B: Intelligent Transportation Systems Title VII: Truth in Budgeting Building Efficient Surface Transportation and Equity Act of 1997 - Title I: Federal-Aid Highways - Authorizes appropriations out of the Highway Trust Fund (HTF) for the following: (1) the Interstate Maintenance Program (IM); (2) the National Highway System (NHS); (3) the Bridge Program; (4) the Surface Transportation Program (STP); (5) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); (6) a new High Risk Road Safety Improvement Program (high risk program); (7) the High Cost Interstate System Reconstruction and Improvement Program (high cost program); (8) Discretionary Programs; (9) the Appalachian Development Highway System Program; (10) the Recreational Trails Program; (11) the Federal Lands Highways Program (FLHP); and (12) Highway Use Tax Evasion Projects. (Sec. 103) Sets forth specified obligation ceilings, and formulas for distribution of (and redistribution of unused) obligation authority for Federal-aid highway programs. (Sec. 104) Revises apportionment provisions to require the Secretary of Transportation (the Secretary): (1) whenever an apportionment is made of the sums authorized to be appropriated for expenditure on IM, NHS, the bridge program, STP, CMAQ, the high risk program, the high cost program, the national corridor planning and development program, the border infrastructure and safety program, and FLHP, to deduct a sum not to exceed one and a half percent of all sums so authorized as necessary for administering legal provisions to be financed from appropriations for the Federal-aid highway program; and (2) on October 1 of each fiscal year, after making a specified deduction and set aside, to apportion the remainder of the sums authorized to be appropriated for expenditure on IM, NHS, STP, CMAQ, and the high risk program according to specified formulas. Modifies the recreational trails program to direct the Secretary to: (1) deduct from apportionments of sums for the program an amount not to exceed three percent to cover administrative, research, and technical assistance costs; and (2) apportion half of the remainder equally among eligible States and half to such States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year. Sets forth a new list of State percentages for NHS apportionments. Requires the Secretary to use the most up-to-date data available for the latest fiscal year in making apportionments. (Sec. 105) Revises the IM to authorize the Secretary to approve reconstruction of roads on the Interstate System (IS). (Sec. 106) Repeals certain requirements: (1) on States, local officials, and the Secretary regarding NHS components; and (2) regarding approval of designations and an interim system. Designates specified NHS modifications that consist of highway connections to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities as NHS components. Directs the Secretary to: (1) review the condition of and improvements made to NHS connectors approved by this Act that serve seaports, airports, and other intermodal freight transportation facilities since the designation of the NHS and report to the Congress; and (2) conduct a national children's competition to design a national logo sign for the routes comprising the NHS, appoint a panel to evaluate all designs and select a winning design, and report to specified congressional committees. (Sec. 107) Amends provisions regarding the highway bridge program to provide that if a State transfers funds apportioned to it in a fiscal year beginning after September 30, 1997, to any other apportionment of funds to such State, the total cost of deficient bridges in such State and in all States to be determined for the succeeding fiscal year shall be reduced by the amount of such transferred funds. Grants the Secretary discretion regarding the amounts authorized for FY 1998 through 2000 for bridges under this Act. Authorizes the use of agriculturally derived, environmentally acceptable, minimally corrosive anti- and de-icing compositions or installation of scour countermeasures for bridges other than those on a Federal-aid highway. (Sec. 108) Authorizes the application of anti- and de-icing compositions to bridges under the STP. Includes among eligible STP projects environmental restoration and pollution abatement projects, including the retrofit or construction of storm water treatment systems, to address water pollution or environmental degradation caused or contributed to by existing transportation facilities at the time such facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration. Limits the expenditure of funds to 20 percent of the total cost of such activity. Replaces certification requirements by the Governor of each State with a requirement that each State submit a project agreement for each fiscal year, certifying that the State will meet specified requirements and notifying the Secretary of the amount of obligations needed to administer the STP. Deems the Secretary's approval a contractual obligation of the United States for the payment of STP funds. (Sec. 109) Modifies CMAQ to authorize a State to obligate CMAQ funds if the program or project would have been eligible for funding on or before September 30, 1997, under guidance issued by the Secretary, subject to specified requirements. Authorizes: (1) funds for a project which will result in the construction of new capacity available to single occupant vehicles and to high occupancy vehicles if the project is otherwise eligible for assistance; and (2) appropriations for "minimum allocations" to States through FY 1997. Directs the Secretary to: (1) request the National Academy of Sciences to study the impact of CMAQ on the air quality of nonattainment areas and to report to specified congressional committees; (2) establish and implement a high risk program for construction and operational improvement projects only where the primary purpose of the project is to improve highway safety on a high risk road; and (3) allocate to States, in FY 1998 and beyond, amounts sufficient to ensure that a State's percentage of the total apportionments in each such FY for IM, NHS, the bridge program, STP, CMAQ, the high risk program, the recreational trails program, the Appalachian Development Highway System program, and metropolitan planning be at least 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the HTF, other than the Mass Transit Account, in the latest fiscal year for which data are available. Sets forth a formula regarding calculation of a minimum allocation adjustment. (Sec. 112) Directs the Secretary to apportion specified funds for FY 1998 through 2000 among the States based on the latest available cost to complete estimate for the Appalachian Development Highway System prepared by the Appalachian Regional Commission, unless the Commission adopts an alternative method for distribution. Specifies that, in general, no State containing System routes shall receive less than $1 million. Increases the Federal share for pre-financed projects. (Sec. 113) Replaces provisions regarding reimbursement for segments of the IS constructed without Federal assistance with a high cost interstate system reconstruction and improvement program. Makes funds available for a fiscal year for any major reconstruction or improvement project to a highway designated as part of the IS and open to traffic before this Act's enactment, subject to specified requirements. (Sec. 114) Directs the Secretary to: (1) administer a national program to provide and maintain recreational trails (and terminates the National Recreational Trails Advisory Committee on September 30, 2000); and (2) establish and implement a program to make allocations to States for coordinated planning and design of corridors of national significance, economic growth, and international or interregional trade, and a coordinated border infrastructure and safety program to improve the safe movement of people and goods at or across the U.S.- Canadian and U.S.-Mexican borders. (Sec. 117) Increases the Federal share payable for IS projects. Permits the use of funds appropriated to a Federal land managing agency, and for the FLHP, as the non-Federal share for specified purposes. Directs the Secretary to: (1) allocate 50 percent of sums authorized to be appropriated for forest highways according to a specified formula; (2) conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts; (3) allocate funds for specified transportation-related historical research activities of the Smithsonian Institution; (4) allocate specified funds for the planning, design, and construction of a visitors center to facilitate visitor understanding and enjoyment of resources accessible by the New River Parkway in West Virginia; (5) carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archeological qualities by designating them as National Scenic Byways or All-American Roads; (6) allocate funds to establish a center for national scenic byways in Duluth, Minnesota; and (7) establish and implement a variable pricing pilot program (repeals a congestion pricing program under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)), and report to the Congress. (Sec. 120) Allows States to use as credit toward the non-Federal matching share requirement for certain funds made available, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce which were not built, improved, or maintained with Federal funds. Directs the Secretary to: (1) establish and implement an IS reconstruction and rehabilitation pilot program under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the IS for the purpose of constructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls; and (2) develop performance-based criteria for the distribution of up to five percent of the funds from each of the IM, bridge, high risk, STP, and CMAQ programs, and report to the Congress. (Sec. 121) Amends ISTEA to: (1) allow, at the Secretary's discretion, the obligation from the HTF funds for the construction of ferry boat and ferry terminal facilities; and (2) authorize the use of funds to establish and operate an automated fuel reporting system. (Sec. 124) Modifies Federal highway provisions regarding: (1) metropolitan planning to include that it is in the national interest to foster economic growth and development; and (2) statewide planning to authorize a State to consider specified goals and objectives in the transportation planning process. Directs the Secretary to conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming, and report to the Congress. (Sec. 126) Requires the Secretary to initiate and: (1) issue a guidance regarding the benefits and performance of various types of crash cushions in different road configurations; and (2) complete a rulemaking proceeding to determine the appropriate use by States of movable barrier technologies to enhance safety and improve the capacity and geometric design of highways. (Sec. 127) Authorizes appropriations for specified executive and legislative branch discretionary programs. (Sec. 128) Amends the National Highway System Designation Act of 1995 to direct the Secretary to convey to Virginia, Maryland, and the District of Columbia all U.S. interest in and to the Woodrow Wilson Memorial Bridge, which shall subsequently convey to the Woodrow Wilson Memorial Bridge Authority their respective interests in and to the Bridge. (Sec. 129) Authorizes a State, in implementing Federal-aid highway projects, to reserve training positions for persons who receive welfare assistance from such State. Authorizes: (1) the Secretary to develop, conduct, and administer highway technology training, and to develop and fund summer transportation institutes; (2) give priority to funding for a transportation project related to an Olympic event under specified conditions; (3) provide assistance to State and local governments in carrying out transportation projects related to an international quadrennial Olympic event; (4) carry out a project for the reconstruction of a highway, or portion of a highway, located outside the United States that is important to the national defense; and (5) fund the production of a documentary about infrastructure. Directs the Secretary to conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules, and report to the Congress. (Sec. 133) Sets forth provisions regarding various projects in California, Michigan, Ohio, West Virginia, and Minnesota. (Sec. 134) Repeals a law regarding Federal approval of membership of bridge commissions. Directs the Secretary to conduct a study to examine the impact of truck weight standards on specialized hauling vehicles, and to report to the Congress. (Sec. 135) Bars States from restricting motorcycle access to any highway or portion thereof for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (Sec. 136) Amends ISTEA to include specified corridors, such as the Capital Gateway Corridor, as high priority corridors. (Sec. 137) Revises provisions regarding: (1) bicycle transportation and pedestrian walkways to authorize the use of NHS funds for pedestrian walkways; and (2) standards for Federal-aid highways to prohibit the Secretary from approving any project or taking any regulatory action that will result in the severance of an existing major route or have significant adverse impact on the safety for non-motorized transportation traffic and light motorcycles, unless such project or action provides for a reasonably alternate route or such a route exists. Directs the Secretary to initiate a study to consider proposals to amend the policies of such association relating to highway and street design standards to accommodate bicyclists and pedestrians. Authorizes the Secretary to develop a national bicycle safety education curricula that may include courses relating to on-road training. Sets forth reporting requirements. (Sec. 138) Amends Federal highway provisions regarding the hazard elimination program to consider conditions that may constitute a danger to bicyclists. (Sec. 139) Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the Barney Circle Freeway project in the District of Columbia. (Sec. 140) Requires: (1) the Secretary to conduct life-cycle cost analyses of each usable project segment on the NHS (currently, with a cost of $25 million or more); and (2) the Comptroller General to conduct a study to assess the impact that a utility company's failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, and report to the Congress. Title II: Highway Safety - Amends Federal highway provisions to: (1) provide that uniform guidelines for highway safety programs take into account accident prevention; (2) direct that the apportionment to the Secretary of the Interior for highway safety programs not be less than three-fourths of one percent of the total apportionment; (3) make provisions regarding access for physically handicapped across curbs at pedestrian crosswalks applicable to Indian tribes, with exceptions; and (4) replace a mandatory rulemaking process with one authorizing the Secretary to periodically identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. (Sec. 203) Revises highway safety research and development provisions to authorize the use of safety research funds for training in work zone safety management. (Sec. 204) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. (Sec. 205) Replaces provisions regarding: (1) school bus driver training with provisions directing the Secretary to make grants to States that adopt and implement effective programs to improve the timeliness, accuracy, completeness, uniformity, and accessibility of the State's data needed to identify priorities for State and local highway and traffic safety programs, evaluate the effectiveness of efforts to make such improvements, and link these State data systems, including traffic records, together and with other data systems within the State; and (2) drunk driving prevention programs with an alcohol-impaired driving countermeasures program (which provides for grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol). (Sec. 207) Authorizes the Secretary to enter into an agreement with an organization that represents the interests of the States to manage, administer, and operate the National Driver Register's (NDR) computer timeshare and user assistance functions. Directs that any transfer of such functions to an organization that represents the interests of the States begin only after a determination is made by the Secretary that all States are participating in NDR's "Problem Driver Pointer System" and that the system is functioning properly. (Sec. 208) Directs: (1) the Secretary to conduct a study on the benefit to public safety of the use of blowout resistant tires on commercial motor vehicles and the potential to decrease the incidence of accidents and fatalities from accidents occurring as a result of blown out tires, and to report to the Congress; (2) the Comptroller General to conduct a study to evaluate the effectiveness of State laws that deem any individual with a blood alcohol concentration of .08 percent or greater, and .02 percent or greater for persons under age 21, while operating a motor vehicle to be driving while intoxicated, in reducing the number and severity of alcohol-involved crashes, and report to the Congress; and (3) the Secretary to make grants to establish and maintain a center for transportation injury research at the State University of New York at Buffalo. (Sec. 210) Authorizes appropriations out of the HTF for: (1) National Highway Traffic Safety Administration highway safety programs, and highway safety research and development (R&D); (2) Federal Highway Administration (FHWA) highway safety programs and highway safety R&D; (3) occupant protection incentive grants; (4) State highway safety data grants; (5) State highway safety data grants; (6) the alcohol traffic safety incentive grant program; and (7) NDR. Title III: Federal Transit Administration Programs - Amends Federal transportation law with respect to the metropolitan transportation planning process to replace the current mandatory factors for consideration in developing plans and programs with specified discretionary considerations whose translation into goals and objectives the metropolitan planning organization (MPO) shall determine cooperatively with the State and mass transportation operators. (Sec. 304) Requires the transportation improvement program to be updated at least once every three years (currently, every two years). Allows the program financial plan to include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (Sec. 305) Changes from mandatory to discretionary the inclusion of a congestion management system in the transportation planning process in a transportation management area (TMA). Requires the State, instead of the TMA MPO, to select high risk road safety projects. (Sec. 306) Changes the capital project block grant program into an urbanized area formula grant program. Repeals authority to finance operating costs generally under the program. Authorizes the Secretary to make grants to finance the operating cost of equipment and facilities for use in mass transportation only in an urbanized area with a population of less than 200,000. Changes the interest allowance under the covered cost of advance construction projects from a specified formula to the most favorable financing terms reasonably available, given the applicant's reasonable diligence in seeking them. Declares that two percent of the block grant funds apportioned to urbanized areas of at least 200,000 population shall only be available for transit enhancement activities. (Sec. 307) Repeals the Secretary's current authority to make capital project block grants from the Mass Transit Account. (Sec. 308) Authorizes the Secretary to make grants and loans to assist State and local authorities in financing: (1) capital projects to modernize existing fixed guideway systems; and (2) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities. Repeals authority to make such grants and loans for transportation projects that enhance urban economic development or incorporate private investment. Repeals the requirement that the Secretary consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities: (1) owned by a rail carrier subject to reorganization under the bankruptcy code; and (2) used to provide commuter rail transportation. Revises the criteria for grants and loans for fixed guideway systems. Revises requirements for: (1) letters of intent and full funding agreements; and (2) grant and loan allocations, including bus and bus facility grants. Directs the Secretary to establish a pilot program for the testing and deployment of new bus technology, including clean fuel and alternative fuel technology. (Sec. 309) Directs the Secretary to make grants and enter into 50 percent cost-sharing contracts, cooperative agreements, and other agreements with specified consortia selected competitively from among public and private partnerships to promote the early deployment of innovation in mass transportation technology, services, management, or operational practices. Authorizes the Secretary to inform the U.S. domestic mass transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of mass transportation products and services. Directs the Secretary to make grants for 80 percent of the cost of developing low speed magnetic levitation technology for public transportation in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (Sec. 313) Repeals the mandate to make grants to specified university research institutes and for regional transportation centers. (Sec. 316) Increases from 90 percent to 95 percent the Federal share of a project providing bicycle access to mass transportation. Requires capital project grants and loans to require that any person agreeing to occupy space in a federally funded facility pay a reasonable share of facility costs through rental payments or other means. Declares that, to the extent feasible, governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall participate and coordinate with assistance recipients in the planning, design, and delivery of transportation services. (Sec. 318) Authorizes a grant recipient to award a procurement contract to other than the lowest bidder when the award furthers an objective consistent with the purposes of the grant, including improved long-term operating efficiency and lower long-term costs. (Sec. 319) Authorizes an urbanized area formula grant recipient procuring an associated capital maintenance item to contract directly with the original manufacturer or supplier of the item to be replaced, without the Secretary's prior approval, if the recipient first certifies in writing to the Secretary that: (1) the manufacturer or supplier is the only source for the item; and (2) the item's price is no more than what similar customers pay for it. (Sec. 321) Directs the Secretary to study and report to the Congress on how the alcohol and controlled substances random testing rate for mass transportation employees should be calculated. (Sec. 322) Authorizes the Secretary to collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote mass transportation. Directs the Secretary to seek public comment on ways to simplify and streamline the administration of the formula program for urbanized areas with populations of less than 200,000, and make every effort to ease any administrative burdens identified. (Sec. 324) Limits the total amount of funds available for any fiscal year for operating assistance and preventive maintenance activities for urbanized areas. (Sec. 325) Revises the apportionment of appropriations for fixed guideway modernization. Requires inclusion of route segments in apportionment formulas. (Sec. 326) Authorizes appropriations, and sets the obligation ceilings, for FY 1998 through 2000. (Sec. 328) Authorizes the Secretary to make competitive grants to assist States, local authorities, and nonprofit organizations in financing transportation services designed to transport welfare recipients to and from jobs and activities related to their employment. Sets the Federal share of costs at 50 percent. (Sec. 329) Declares that it is the sense of the Committee on Transportation and Infrastructure that the Secretary of the Treasury should estimate the mass transit portion of net highway receipts every 24 months instead of every 12 months. (Sec. 330) Directs the Comptroller General to study and report to specified congressional committees on the Secretary of Transportation's implementation of project management oversight. (Sec. 331) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on: (1) the effect of privatization or contracting out of mass transportation operation and administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations; and (2) the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (Sec. 333) Directs the Secretary to study and report to specified congressional committees on whether the current formula for apportioning funds to urbanized areas accurately reflects their transit needs, and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (Sec. 334) Directs the Comptroller General to study and report to specified congressional committees on Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services. Title IV: Motor Carrier Safety - Amends Federal transportation law to specify that discretionary grants to States to develop commercial motor vehicle regulatory programs include performance-based grants to improve motor carrier safety, and in particular hazardous materials transportation safety. (Sec. 402) Authorizes appropriations for such grants for FY 1998 through 2000. Authorizes the Secretary, in allocating funds for State grants, to designate up to five percent of them to reimburse: (1) States for carrying out high priority (including national) activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, including any that increase public awareness and education or demonstrate new technologies; and (2) local governments and other persons that use trained and qualified officers and employees, for carrying out such activities and projects in coordination with State motor vehicle safety agencies. (Sec. 403) Converts the current discretionary commercial motor vehicle information system program into mandatory motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support required safety activities. Requires coordination of such systems into a network providing identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. Requires the Secretary to develop data analysis capacity and programs providing the means to perform specified functions. Provides funding for the existing performance and registration information clearinghouse. Authorizes the Secretary to establish a program to improve commercial motor vehicle driver safety. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Authorizes appropriations for FY 1998 through 2000. (Sec. 405) Authorizes the Secretary to make contracts for inspections and investigations. (Sec. 406) Authorizes the Secretary to grant a person or class of persons up to a two-year, renewable exemption from a commercial motor vehicle safety or operators regulation if it would likely achieve a level of safety equal to or greater than the level that would be achieved without such exemption. Authorizes the Secretary to conduct pilot programs to evaluate innovative approaches to motor carrier, vehicle, and driver safety. Allows such a program containing specified elements to include an exemption under this section. (Sec. 407) Repeals the mandate for (thus abolishing) the Commercial Motor Vehicle Safety Regulatory Review Panel. Requires the Secretary to review State laws and regulations on commercial motor vehicle safety. Requires any State that enacts a State law or issues a regulation on commercial motor vehicle safety to submit a copy of it to the Secretary for review immediately after enactment or issuance. Allows enforcement of such law or regulation if the Secretary decides it has the same effect as a regulation prescribed by the Secretary. Prohibits enforcement if the law or regulation is less stringent than a regulation prescribed by the Secretary. (Sec. 408) Repeals certain requirements for: (1) procedures to ensure timely correction of safety violations; and (2) compliance review priority. (Sec. 409) Declares that an individual may operate a commercial motor vehicle only with a valid commercial driver's license (CDL). Requires each CDL issued after January 1, 2000, to include unique identifiers to minimize fraud and duplication. Repeals the Secretary's discretionary authority to make an agreement for the operation of a CDL information system. Requires the Secretary to maintain the system. Requires the system to include information on all fines, penalties, convictions, and failure to appear for a hearing or trial incurred by the operator with respect to operation of a motor vehicle for a period of at least three years beginning on the date of the imposition of such a fine or penalty, or the date of such a conviction or failure to appear. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Repeals current authority (superseded by this title) for grants to States for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing CDLs and complying with State participation requirements. (Sec. 410) Directs the Secretary to make grants to border States, local governments, organizations, and other persons for specified activities designed to improve commercial motor vehicle safety in the vicinity of borders between the United States and Canada and the United States and Mexico. Sets the Federal share of costs for such activities at 80 percent (but only 50 percent for the third year of a grant used to employ additional personnel to enforce commercial motor vehicle safety regulations). (Sec. 411) Directs the Secretary to study and report to Congress on State laws and regulations pertaining to penalties for violation of State commercial motor vehicle weight laws. (Sec. 412) Repeals the mandate and authorization of appropriations to participate in the International Registration Plan and International Fuel Tax Agreement. (Sec. 413) Directs the Secretary to establish a nationwide toll-free telephone system for drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations and any laws or regulations relating to the safe operation of commercial motor vehicles. (Sec. 414) Directs the Secretary to determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin-treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition against operation of such vehicles by such individuals. Requires the Secretary to compile, evaluate, and report to Congress on research and other information on the effects of insulin treated diabetes mellitus on driving performance. (Sec. 415) Requires the Secretary to: (1) review State procedures to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle; and (2) identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. Requires issuance of regulations reflecting the results of such review. (Sec. 416) Requires the Secretary to study and report to Congress on the feasibility of using emergency responders and law enforcement officers to conduct post-accident alcohol testing of commercial motor vehicle operators as a method of obtaining more timely information and reducing the burdens that employers may encounter in meeting current testing requirements. (Sec. 417) Requires the Secretary to encourage the research, development, and demonstration of technologies, identified taking into account specified considerations, that may aid in reducing the fatigue of commercial motor vehicle operators. (Sec. 418) Requires the Secretary to: (1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; (2) periodically update such safety fitness determinations; (3) make such determinations readily available to the public; and (4) prescribe by regulation penalties for violations. Requires the Secretary to maintain by regulation a procedure with specified elements for determining whether an owner or operator is fit to operate safely commercial motor vehicles. Prohibits an owner or operator determined unfit from operating commercial motor vehicles in interstate commerce until the Secretary determines such owner or operator is fit. Requires the Secretary to review, upon request, an unfit owner's or operator's compliance with those requirements with which the owner or operator failed to comply, resulting in the unfitness determination. Prohibits any Federal department, agency, or instrumentality from using an unfit owner or operator to provide any transportation service until the Secretary determines such owner or operator is fit. (Sec. 419) Declares that Federal law governing the transportation of hazardous material does not prohibit a State from providing an exception from requirements relating to placarding, shipping papers, and emergency telephone numbers for the private motor carriage in intrastate transportation of an agricultural production material from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply. Defines agricultural production material as: (1) under 16,094 pounds of ammonium nitrate fertilizer; (2) under 502 gallons (liquid) or 5,070 pounds (solids) of a pesticide; and (3) under 3,500 gallons of a diluted solution of water and pesticides or fertilizer. Title V: Programmatic Reforms and Streamlining - Modifies provisions regarding plans, specifications, and estimates to direct the Secretary to enter into a formal project agreement with each State highway department formalizing the conditions of project approval. Requires such agreement to make provision for State funds required for the State's pro rata share of the cost of construction of the project and for the maintenance of the project after completion of construction. Authorizes the Secretary to discharge to the State any of the Secretary's responsibilities for design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS, with exceptions. Directs: (1) the State to assume such responsibilities for projects that are not on the NHS; and (2) the Secretary and the State to reach agreement as to the extent the State may assume the Secretary's responsibilities for NHS projects, subject to a limitation. (Sec. 502) Directs the Secretary to develop and implement a coordinated environmental review process for highway construction projects that require: (1) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (NEPA), with an exception; or (2) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. Sets forth provisions regarding: (1) a memorandum of understanding between the Department of Transportation (DOT) and all other Federal (and, where appropriate, State) agencies; (2) elements of the coordinated process; (3) dispute resolution; (4) acceptance of project purpose and need; (4) State agency participation; (5) assistance to affected Federal agencies; and (6) judicial review. Directs the Secretary to: (1) establish and implement a State environmental review pilot demonstration program; (2) eliminate the major investment study as a separate requirement and promulgate regulations to integrate such requirement as part of each analysis undertaken pursuant to NEPA for a project receiving assistance with funds made available under this Act; and (3) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan. (Sec. 505) Provides that if at least 50 percent of a State's apportionment under specified Federal-aid highway, and highway bridge replacement and rehabilitation program, funds for a fiscal year, or at least 50 percent of specified allocations of apportioned funds from the State's apportionment may not be transferred to any other apportionment of the State for such fiscal year, then the State may transfer up to 50 percent of such apportionment or set aside to any other State apportionment for that fiscal year. Sets forth provisions regarding the application of this general rule to certain STP set- asides and CMAQ funds. (Sec. 506) Directs the Secretary to: (1) establish criteria for all discretionary programs funded from the HTF which, to the extent practicable, conform to a specified executive order relating to infrastructure investment; and (2) eliminate any required programmatic responsibility for any regional office of DOT carrying out responsibilities of the FHWA regarding any funds made available by this Act. Authorizes the Secretary to retain regional DOT offices carrying out responsibilities of the FHWA for the purpose of providing technical support to States, metropolitan areas, and transit authorities upon request. Title VI: Transportation Research - Subtitle A: Surface Transportation Research, Technology, and Education - Part I: Highway Research - Modifies research and planning provisions. Directs the Secretary to make grants and enter into cooperative agreements and contracts to: (1) continue the monitoring, material-testing, and evaluation of the highway test sections established under the long-term pavement performance program; (2) carry out analyses of the data collected under the program; and (3) prepare the products required to fulfill the original objectives of the program and meet future pavement technology needs. (Sec. 611) Replaces provisions regarding short haul passenger transportation systems with provision for an advanced research program that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. Directs the Secretary to strive to develop partnerships with the public and private sectors. Repeals the strategic highway research program and the applied research and technology program. Modifies: (1) the seismic research program to direct the Secretary to establish a program to study the vulnerability of the Federal-aid highway and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability; and (2) the international highway transportation outreach program to authorize the Secretary to engage in activities to promote U.S highway transportation goods and services internationally, and to gather and disseminate information on foreign transportation markets and industries. Part II: Transportation Education, Professional Training, and Technology Deployment - Directs the Secretary to: (1) develop and implement a national technology deployment initiative to expand adoption by the surface transportation community of innovative technologies to improve the safety, efficiency, reliability, service life, and sustainability of transportation systems and to reduce environmental impact; (2) integrate activities undertaken with DOT efforts to disseminate the results of research sponsored by DOT and to facilitate technology transfer; and (3) give preference to projects that leverage Federal funds with other significant public or private resources. (Sec. 624) Directs the Secretary to make grants to: (1) nonprofit institutions of higher learning to establish and operate one university transportation center in each of the ten U.S. Government regions that comprise the Standard Federal Regional Boundary System, and ten such additional centers to address transportation management and R&D; (2) Marshall University, West Virginia, to establish and operate an Appalachian Transportation Institute; and (3) the University of Minnesota to continue to operate and expand the Intelligent Transportation Systems (ITS) Institute. Part III: Bureau of Transportation Statistics and Miscellaneous Programs - Amends Federal transportation provisions to provide for compilation of statistics on transportation-related variables influencing global competitiveness. Directs the Bureau of Transportation Statistics to review and report to the Secretary on the sources and reliability of the statistics proposed by the heads of the operating administrations of DOT to measure outputs and outcomes, and to undertake such other reviews as may be requested by the Secretary. (Sec. 631) Requires the Director of the Bureau to: (1) ensure that statistics compiled are relevant for transportation decisions by Federal, State, and local governments, transportation-related associations, private businesses, and consumers; (2) establish and maintain an intermodal transportation database and a national transportation library; and (3) develop and maintain geographic databases depicting transportation networks; flows of people, goods, vehicles, and craft over those networks; and social, economic, and environmental conditions affecting or affected by those networks. Authorizes the Secretary to make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities to support the programs and activities of the Bureau. Sets forth provisions regarding: (1) a prohibition of certain disclosures regarding information obtained under the long-term data collection program; and (2) collection of data for non-statistical purposes. Allows funds received by the Bureau from the sale of data products to be credited to the HTF and made available for the purpose of reimbursing the Bureau for such expenses. Authorizes appropriations. (Sec. 632) Directs the Secretary to carry out a transportation technology innovation and demonstration program, as part of which the Secretary shall: (1) conduct research on improved methods of using concrete and asphalt pavement in the construction, reconstruction, and repair of Federal-aid highways, on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation, on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers, and on the use of composite materials for guardrails and bridge decking; (2) expand and continue the study relating to the development of a motor vehicle safety warning system and conduct tests of such system; (3) make grants for research and construction to improve and demonstrate the use of steel bridge construction; (4) continue to support the Urban Consortium's ITS outreach and technology transfer activities; (5) continue development and deployment to metropolitan planning organizations of the Transportation Economic and Land Use System; (6) make grants to Wisconsin to continue specified ITS activities; and (7) carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid in the transportation planning and analysis while making a significant contribution to the ITS program, to be located in the two largest metropolitan areas in Pennsylvania. Subtitle B: Intelligent Transportation Systems - Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the Nation's surface transportation systems. Lists ITS program goals. (Sec. 653) Directs the Secretary to: (1) carry out the ITS program in cooperation with governmental, private, and educational entities, and in consultation with Federal officials; (2) develop, implement, and maintain a national ITS architecture and standards and protocols to promote the widespread use and evaluation of ITS technology as a component of the Nation's surface transportation systems; (3) issue guidelines and requirements for the evaluation of field and related operational tests; (4) establish and maintain a repository for technical and safety data collected as a result of federally sponsored projects and make, upon request, such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (5) ensure that ITS projects carried out using funds made available from the HTF conform to the national ITS architecture and standards and protocols, with an exception; (6) require an analysis of the life-cycle costs of specified projects where the total initial capital costs of ITS operations and maintenance elements exceeds $3 million; and (7) develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for its projects carried out using funds made available from the HTF. (Sec. 654) Directs the Secretary to maintain and update, as necessary, the National ITS Program Plan developed by DOT and the Intelligent Transportation Society of America, and report to the Congress. (Sec. 655) Authorizes the Secretary to: (1) provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, and evaluate ITS technologies and services; funding to support adequate consideration of transportation system management and operations, including ITS, within metropolitan and statewide transportation planning processes; and funding for research and operational tests relating to ITS; and (2) conduct R&D activities for the purpose of demonstrating integrated intelligent vehicle highway, and roadway safety, systems, including state-of-the-art systems and integrating collision avoidance, in-vehicle information, and other safety-related systems. (Sec. 656) Directs the Secretary to conduct a program to promote the deployment of regionally integrated, intermodal intelligent transportation systems and, through financial and technical assistance, assist in the development and implementation of such systems. Lists goals, funding limitations, and priorities for ITS deployment. (Sec. 657) Sets forth provisions regarding funding allocations (for the intelligent transportation infrastructure deployment incentives program, and for ITS research and program support activities), and the Federal share for specified programs. (Sec. 658) Repeals the Intelligent Vehicle-Highway Systems Act of 1991 (Title VI, Part B, of ISTEA). Title VII: Truth in Budgeting - Declares that the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund shall: (1) not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the U.S. Government. (Sec. 701) Amends the Internal Revenue Code to state that the amount of interest credited to any of such trust funds for any fiscal year shall not exceed the amount of interest which would be credited to the fund if it were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year. (Sec. 702) Amends Federal transportation law to require the Secretary of Transportation to estimate annually the net aviation receipts and the unfunded aviation authorizations at the close of the following fiscal year. Requires adjustments to the amount authorized to be appropriated from the Airport and Airway Trust Fund for such fiscal year so that the estimated unfunded aviation authorization will neither exceed nor be less than the estimated net aviation receipts. (Sec. 703) Requires the Secretary of the Army to estimate annually the net inland waterways and net harbor maintenance receipts, and the unfunded inland waterways and unfunded harbor maintenance authorizations at the close of the following fiscal year. Requires adjustments to the amounts authorized to be appropriated from the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund for such fiscal year so that the estimated unfunded authorizations will neither exceed nor be less than the estimated net receipts.
United States · United States Congress · 4 September 1997
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
United States · United States Congress · 3 September 1997
Authorizes the Secretary of Transportation to issue a certificate of documentation for a named vessel for employment in the coastwise trade.
United States · United States Congress · 1 August 1997
Expresses the sense of the House of Representatives that the Department of Education should not expend funds in FY 1997 or in any subsequent year for the planning, development, implementation, or administration of any national testing proposal in reading, mathematics, or any other subject area until such time as Congress provides specific, explicit statutory authority.
United States · United States Congress · 31 July 1997
Drive for Teen Employment Act - Directs the Secretary of Labor to impose certain distance and work-hour restrictions in implementing a specified exemption from the child labor provisions of the Fair Labor Standards Act of 1938 for minors aged 16 through 18 who engage in the operation of automobiles and trucks.
United States · United States Congress · 31 July 1997
Speed Trafficking Life in Prison Act of 1997 - Amends the Controlled Substances Act to: (1) repeal provisions prescribing penalties for violations involving specified quantities of methamphetamine; and (2) provide for a fine of up to $8 million (for an individual) or $20 million (if other than an individual) and a mandatory life penalty (unless the death penalty is imposed) for manufacturing, distributing, or dispensing (or possessing with intent to manufacture, distribute, or dispense) methamphetamine, its salts, isomers, or salts of its isomers.
United States · United States Congress · 24 July 1997
Authorizes the President to present a gold medal to Ecumenical Patriarch Bartholomew in recognition of his outstanding and enduring contributions to religious understanding and peace. Authorizes the Secretary of the Treasury to strike duplicate medals in bronze. Authorizes appropriations from the Numismatic Public Enterprise Fund, where sales proceeds shall be deposited.