United States · United States Congress · 13 November 1997
Directs the Secretary of the Air Force to convey to the city of La Junta, Colorado, all U.S. rights and interest to the unused Air Force housing facility in La Junta.
United States · United States Congress · 10 November 1997
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), renegotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1998. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) overall trade balance between each NAFTA Party (United States, Canada, and Mexico) (by the Secretary of Commerce); (2) currency values (by the Secretary of the Treasury); (3) gains in U.S. jobs and living standards (by the Secretary of Labor); (4) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (5) flow of illegal drugs from Mexico and Canada (by the Attorney General); (6) NAFTA Party democracy and human freedoms (by the President); (7) U.S. agriculture (by the Secretary of Agriculture); and (8) compliance with U.S. transportation safety standards by Mexican commercial trucks or buses coming into the United States (by the Secretary of Transportation). Requires the President to renegotiate, in specified ways, the terms of NAFTA to: (1) correct trade deficits, currency distortions, loss of U.S. jobs, and agricultural tariff and quota provisions; and (2) ensure the safety of the public health and the environment, provide effective drug interdiction, and ensure compliance with certain U.S. transportation standards. Directs the President to consult regularly with the Congress regarding such renegotiations and certifications. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
United States · United States Congress · 5 November 1997
Nazi War Crimes Disclosure Act - Amends the Freedom of Information Act to redefine the term "Nazi war criminal records." Requires such records to be released in their entirety, subject to disclosure exceptions. Provides disclosure exceptions for the release of specific information which should be expected to reveal, among other things: (1) the identity of a confidential human source, or information about the application of an intelligence source or method, or the identity of a human intelligence source when the unauthorized disclosure of that source would damage the national security of the United States; (2) information that would assist in the development or use of weapons of mass destruction; and (3) information that would seriously impair relations between the United States and a foreign government, or seriously undermine ongoing diplomatic activities of the United States. Prohibits applying the exception to records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) in the possession or control of that office. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency shall not apply to information regarding any operational file, or portion of any operational file, that constitutes a Nazi war criminal record. Establishes the Nazi War Criminal Records Interagency Working Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all Nazi war criminal records of the United States. Provides for expedited processing of requests for Nazi war criminal records.
United States · United States Congress · 5 November 1997
Federal Energy Bank Act - Establishes the Federal Energy Bank (trust fund) in the Treasury to finance energy efficiency projects at Federal agencies. Prescribes guidelines for loan program and project selection criteria. Authorizes appropriations.
United States · United States Congress · 31 October 1997
Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC), upon request, to designate a common carrier providing telephone exchange service and exchange access that is not subject to the jurisdiction of a State commission as an eligible telecommunications carrier (eligible to receive universal service support) for a telephone service area designated by the FCC. Authorizes the FCC, with respect to an area served by a rural telephone company, and requires the FCC, in the case of all other areas, to designate more than one common carrier as an eligible carrier for such a designated service area, provided each additional requesting carrier meets eligibility requirements. Requires the FCC, before designating an additional eligible telecommunications carrier for an area served by a rural telephone company, to find that such designation is in the public interest.
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 9 October 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 · 9 October 1997
Disapproves the President's cancellations (line item veto) of appropriations for 36 military construction projects in the Military Construction Appropriations Act, 1998.
United States · United States Congress · 9 October 1997
Native American Housing Assistance and Self-Determination Act Amendments of 1997 - Makes amendments to the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), including: (1) setting forth a requirement for assistance to Indian families that are not low-income; (2) eliminating separate Indian housing plan requirements for small Indian tribes; (3) expanding the authority of the Secretary of Housing and Urban Development to review Indian housing plans; (4) revising provisions regarding review and audit by the Secretary; (5) prescribing an allocation formula with respect to certain Indian tribes; (6) excepting from the hearing requirement certain actions by the Secretary affecting grant amounts if the Secretary makes a determination that the failure of a recipient of assistance to comply substantially with any material provision of the Act is resulting, and would continue to result, in a continuing unauthorized expenditure of Federal funds; and (7) revising requirements regarding noncompliance by recipients because of technical incapacity to permit the provision of technical assistance if the recipient enters into a performance agreement with the Secretary (limits the period of such an agreement to one year). (Sec. 10) Amends the Internal Revenue Code to treat block grants and guarantees provided under the HOME Investment Partnerships Act or NAHASDA not as Federal subsidies, under specified circumstances, for the purposes of determining eligibility for the low-income housing credit. (Sec. 11) Amends NAHASDA to repeal the requirement regarding the certification of compliance with subsidy layering requirements with respect to housing assisted with grant amounts provided under the Act.
United States · United States Congress · 9 October 1997
Indian Employment and Training Improvement Act of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) allow Indian tribal governments to use a specified percentage of the funds made available under the Act for the creation of employment opportunities, including providing private sector training placement; (2) transfer lead agency responsibility for demonstration projects from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior; and (3) revise the requirement regarding the assignment of Federal personnel to State Indian economic development programs to provide for Federal personnel assignments to Indian tribes with such programs. Sets forth requirements concerning: (1) Indian tribal government consolidated advisory committees; and (2) Alaska regional consortia.
United States · United States Congress · 9 October 1997
Indian Employment, Training and Related Services Demonstration Act Amendments of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) revise requirements regarding affected programs to include programs for securing employment, retaining employment, or securing employment and permits such programs to include the general assistance program established under the Snyder Act and the Johnson O' Malley Program established under the Johnson O' Malley Act; (2) set a limitation on the funds used for expenditures for authorized job creation activities; and (3) transfer Federal responsibility for demonstration programs under the Act from the Bureau of Indian Affairs (BIA) to the Office of Self-Governance (OSG) of the Department of the Interior and provide for the transfer of personnel and services from the BIA to the OSG.
United States · United States Congress · 8 October 1997
Amends the Internal Revenue Code to prohibit the Secretary of the Treasury from using the threat of an examination or issuing a summons to compel a taxpayer to agree to or sign the Tip Reporting Commitment Agreement or the Tip Rate Determination Agreement.
United States · United States Congress · 26 September 1997
Requires the Office of Research on Women's Health to: (1) award grants for the conduct of a clinical trial of digital mammography; and (2) contract with the Multi-Agency Consortium on Imaging Technologies to Improve Women's Health for the solicitation, acceptance, and processing of competitive grant applications. Requires that the study involve at least 50,000 women, at least 20 institutions, and the conducting of at least 2,500 conventional and 2,500 digital mammographies at each institution. Authorizes appropriations.
United States · United States Congress · 19 September 1997
International Anti-Corruption Act of 1997 - Directs the President to certify annually to certain congressional committees as to whether each country receiving foreign assistance under the Foreign Assistance Act of 1961 is: (1) conducive to United States business; (2) not conducive to United States business; or (3) hostile to United States business. Prescribes foreign assistance limitations for countries hostile or not conducive to United States business. Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy. Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators.
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 · 16 September 1997
Endangered Species Recovery Act of 1997 - Amends the Endangered Species Act to direct the Secretary of the Interior or Commerce, as appropriate, where required to use the best scientific and commercial data available, to give greater weight to data that is empirical, field-tested, or peer-reviewed when evaluating comparable data. Adds the introduction of species and competition to the list of factors to be considered in making determinations of whether a species is endangered or threatened. Repeals a requirement that a designation of critical habitat be made concurrently with any such determination. Requires the Secretary, upon a determination that the goals of the recovery plan for a species have been met, to initiate procedures for determining whether to remove a species from the endangered or threatened list. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on historical and current range and distribution of the species; (2) appraisals of available data on status and trends of populations of, and threats to, the species; and (3) identification of information contained in the petition that has been peer-reviewed or field-tested. Sets forth requirements for notification of State agencies to solicit assessment of petitions or proposals by the Secretary to list a species. Requires a public hearing to be held in each State that would be affected by a proposed regulation on endangered or threatened species, at the request of any person. Limits the total number of hearings to five. Provides for independent scientific peer review of proposed regulations on endangered or threatened species or determinations that a species should be removed from a list. Repeals provisions regarding recovery plans. Permits withholding or limiting the availability of data requested under Freedom of Information Act provisions if release of the data would be likely to result in increased take of an endangered or threatened species or one proposed for listing. (Sec. 3) Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Requires plans to: (1) contain biological recovery goals and objective, measurable benchmarks to determine progress toward such goals; and (2) identify Federal agencies that authorize, fund, or carry out actions likely to have a significant impact on prospects for recovering the species. Makes such goals subject to independent scientific review. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Permits the Secretary to enter into agreements with Federal agencies, affected States, Indian tribes, local governments, private landowners, and organizations to implement conservation measures identified by approved plans that promote species recovery on lands or waters owned by, or within the jurisdiction of, such parties. Authorizes grants of up to $25,000 to individual landowners for carrying out such agreements. Bars grants for actions for which a permit is required under any Federal law. Sets forth conditions under which States may develop recovery plans. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Provides for revisions of such designations, as appropriate. (Sec. 4) Requires Federal agencies responsible for the management of lands and waters to: (1) provide the Secretary with an inventory of endangered and threatened species as well as species proposed, or identified as candidates, for listing on lands or waters under their control; and (2) update such inventory at least every five years. Directs Federal agencies, prior to commencing any action, to notify the Secretary if such action may affect an endangered or threatened species or critical habitat. Requires a Federal agency to consult with the Secretary on each action for which notification is required unless: (1) such agency determines, based on the opinion of a qualified biologist that the action is not likely to adversely affect such species or habitat; (2) the agency has made such determination and provides the Secretary with the information on which the determination was based; and (3) the Secretary does not object to such determination within 60 days of receiving notification. Permits the Secretary to identify categories of actions determined to have adverse effects and for which consultation shall not apply. Authorizes the Secretary to object to agency determinations under certain conditions. Requires the Secretary to enter into arrangements with the National Academy of Sciences to review and report on agency determinations made under this section. Directs the Comptroller General to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the cost of formal consultation to Federal agencies and other persons. Authorizes Federal agencies implementing land use or resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Authorizes consultation and conferencing between the Secretary and a Federal agency, with the Secretary's approval, to encompass a number of related or similar actions by the agency within a particular geographic area. Permits the consolidation of requests for consultation or conferencing from various Federal agencies whose actions may affect the same species within a particular geographic area. Provides for the participation of States and persons who have sought authorization or funding subject to consultation in consultation proceedings. (Sec. 5) Authorizes the development of multiple species conservation plans which may include measures for non-listed species. (Conservation plans are required to be developed in connection with incidental takings of species which are otherwise prohibited.) Authorizes the Secretary and the heads of Federal agencies to provide technical assistance or guidance to States or persons developing such plans. Establishes deadlines for plan approval. Allows the Secretary to issue a permit for a low effect activity authorizing an otherwise prohibited taking if the activity will have no more than a negligible effect on the species, any taking will be incidental, and the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Requires the Secretary to minimize permitting costs by developing model permit applications that would constitute conservation plans for low effect activities. Requires conservation plans to include a "no surprises" provision such that a person who is in compliance with a plan may not be required to undertake additional mitigation measures for a species covered by the plan if such measures would require additional money or the adoption of additional use, development, or management restrictions on land, waters, or water-related rights that would otherwise be available under the plan. Provides for the identification of plan modifications or other measures that may be required under extraordinary circumstances. Authorizes the Secretary to enter into candidate conservation agreements with a non-Federal person for a species that is proposed for listing, is a candidate species, or is likely to become a candidate species. Sets forth conditions for approval of such agreements. Includes a "no surprises" provision in such agreements as well. Provides for public participation in the development of multiple species conservation plans and permit applications. Authorizes the Secretary to enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for such species. Requires the Secretary, under such agreements, to permit the person to take endangered or threatened species on lands or waters subject to the agreement if the taking is incidental to, and not the purpose of, an otherwise lawful activity. Prescribes a mutually agreed upon baseline requirement that will, at a minimum, maintain existing conditions for the species. Authorizes the baseline to be expressed in terms of the abundance or distribution of species, quantity or quality of habitat, or other appropriate indicators. Provides for grants of up to $10,000 to any private landowner to carry out such agreements, subject to the availability of appropriations. Requires the Secretary to: (1) establish a habitat reserve program to be implemented through contracts or easements to assist non-Federal property owners in preserving and managing suitable habitat for endangered and threatened species; and (2) make payments to such property owners for carrying out an agreement, provided that the activities carried out are not otherwise required by the Act. Authorizes appropriations. Establishes the Habitat Conservation Planning Fund, from which the Secretary may make interest-free advances to States and other political subdivisions to assist in the development of conservation plans. Requires advances to be repaid within ten years or earlier, if no conservation plan is developed or no permit for incidental taking is issued. (Sec. 6) Requires, in civil and criminal actions, actions to enjoin persons alleged to be in violation, or citizen suits brought under the Act, that the Secretary, Attorney General, or other person, as appropriate, establish, using scientifically valid principles, that the acts of a person have caused or will cause the taking of an endangered or threatened species. (Sec. 7) Directs the Secretary to implement a private landowners education and technical assistance program to: (1) inform the public about the Act; (2) respond to requests for technical assistance from property owners interested in conserving listed species, those proposed for listing, and candidate species; and (3) recognize exemplary efforts to conserve species on private land. (Sec. 8) Extends the authorization of appropriations to carry out the Act through FY 2003. Makes additional authorizations of appropriations to carry out specified activities under this Act.
United States · United States Congress · 12 September 1997
TABLE OF CONTENTS: Title I: Surface Transportation Subtitle A: General Provisions Subtitle B: Program Streamlining and Flexibility Subtitle C: Finance Subtitle D: Safety Subtitle E: Environment Subtitle F: Planning Subtitle G: Technical Corrections Title II: Research and Technology Subtitle A: Research and Training Subtitle B: Intelligent Transportation Systems Subtitle C: Funding Intermodal Transportation Act of 1997 - Title I: Surface Transportation - Surface Transportation Act of 1997 - Subtitle A: General Provisions - Authorizes the use of specified sums from the Highway Trust Fund (HTF) for: (1) the Interstate (IS) and National Highway System (NHS) Program; (2) the Surface Transportation Program (STP); (3) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); and (4) the Federal Lands Highways Program (FLHP). Modifies the apportionment formulas under Federal highway provisions with respect to: (1) the IS and NHS Program (including an interstate maintenance (IM) and interstate bridge component, as well as funding for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands); (2) CMAQ (providing for adjustments based on population and level of air pollution and requiring the Secretary of Transportation (Secretary) to use the latest available annual population estimates prepared by the Secretary of Commerce); and (3) STP. Sets forth transitional provisions. Authorizes the Secretary to reimburse the Office of Inspector General of the Department of Transportation (DOT) for the conduct of annual audits of financial statements. (Sec. 1103) Sets forth provisions regarding: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1998 through 2003, with exceptions; and (2) obligation authority. (Sec. 1104) Revises provisions regarding obligation authority under the STP to direct: (1) a State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals certain funds apportioned to the State to make available during the three-fiscal year periods of 1998-2000 and 2001-2003 a specified amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs; and (2) each State, each affected metropolitan planning organization (MPO), and the Secretary to jointly ensure compliance. (Sec. 1105) Amends provisions regarding emergency relief to authorize an emergency fund for expenditure by the Secretary, subject to specified restrictions, for the repair or reconstruction of highways, roads, and trails, in any part of the United States, including Indian reservations, that the Secretary finds to have suffered serious damage as a result of natural disaster over a wide area or catastrophic failure from any external cause. Prohibits the use of funds for the repair or reconstruction of bridges that have been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. Authorizes appropriations from the HTF to establish the fund and replenish it annually. Makes a specified project to repair or reconstruct a Federal-aid primary route in San Mateo County, California, eligible for assistance. (Sec. 1106) Authorizes the use of: (1) Federal land management agency funds to pay the non-Federal cost share of funded Federal-aid highway projects; and (2) FLHP funds to pay the non-Federal cost share of specified projects that provide access to or within Federal or Indian lands. Modifies FLHP provisions to establish a coordinated FLHP. Requires: (1) the Secretary to develop transportation planning procedures that are consistent with required metropolitan and statewide planning processes; (2) the Secretary's approval of the transportation improvement program (TIP); (3) that all regionally significant FLHP projects be developed in cooperation with States and MPOs, and be included in appropriate FLHP, State, and metropolitan plans and TIPs; (4) the inclusion of the approved FLHP TIP in appropriate State and MPO plans and programs without further action on the TIP; and (5) the Secretary and the Secretary of each appropriate Federal land management agency to develop safety, bridge, pavement, and congestion management systems for roads funded under the FLHP. Allows funds available for public lands highways, park roads and parkways, and Indian reservation roads to be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay for the cost of transportation planning, research, engineering, and construction of the highways, roads, and parkways, or of transit facilities within public lands, national parks, and Indian reservations. Includes among eligible projects a project to build a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona. Directs: (1) the Secretary to transfer to the appropriate Federal land management agency from amounts made available for public lands highways such amounts as necessary to pay the cost to the agency to conduct necessary transportation planning for Federal lands if funding for the planning is not otherwise provided; and (2) the Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or MPO, to carry out a transportation planning process in accordance with this Act. (Sec. 1107) Directs the Secretary to carry out a program to provide and maintain recreational trails. Sets forth provisions regarding State responsibilities, use of apportioned funds, State consideration of proposals that benefit or mitigate the impact to the natural environment, the Federal share (80 percent), uses not permitted, project administration, apportionment among the States, administrative costs, and contract authority. Makes amounts available from the HTF for FY 1998 through 2003 for such program. (Sec. 1108) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to: (1) increase from five to 15 the number of value (formerly, congestion) pricing pilot programs eligible for funding; (2) require the Secretary to fund all pre-implementation costs; and (3) remove the three-program cap on the number of such programs on which the Secretary shall allow the use of tolls on the IS. Makes sums available from the HTF for each of FY 1998 through 2003. (Sec. 1109) Repeals provisions regarding economic growth center development highways. Revises provisions of ISTEA regarding highway use tax evasion projects to set the Federal share of such projects at 100 percent and to make available specified funds to the Secretary from the HTF for FY 1998 through 2003. Directs the Secretary to enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service (IRS) for the development and maintenance by the IRS of an excise fuel reporting system. Authorizes appropriations to the Secretary from the HTF for development, operation, and maintenance of the system. (Sec. 1110) Includes the construction of pedestrian walkways as an eligible use of States' NHS apportionments under the same criteria by which bicycle transportation facilities are eligible. Removes a restriction against safely accommodating bicycles on highway bridges located on fully access-controlled highways. Modifies planning provisions to require that: (1) consideration be given to bicyclists and pedestrians in the comprehensive statewide and metropolitan planning processes; and (2) the inclusion of bicycle transportation facilities and pedestrian walkways be considered in conjunction with all new construction and reconstruction of transportation facilities, except where such transportation is not permitted. (Sec. 1111) Requires that: (1) at least ten percent of the funds authorized for specified programs under this Act be expended with small businesses owned and controlled by socially and economically disadvantaged individuals; (2) each State annually survey and compile a list of such businesses; and (3) the Secretary establish minimum uniform criteria for State government use in certifying business qualification. (Sec. 1112) Revises provisions regarding the Federal share payable on IS and other projects to authorize a State to determine a lower Federal share than that determined under such provisions. Authorizes a State to use as a credit toward the non-Federal share requirement for any program under ISTEA or specified Federal highway provisions, other than an emergency relief program, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain, without the use of Federal funds, highways, bridges, or tunnels that serve the public purpose of interstate commerce, subject to specified requirements. (Sec. 1113) Directs the Comptroller General of the United States to conduct: (1) an evaluation of the methodology used by DOT to determine highway needs using the highway economic requirement system (the model); and (2) a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections. Sets forth reporting requirements. Requires: (1) the Comptroller General to submit reports to the Congress on the international roughness index that is used as an indicator of pavement quality on the Federal-aid highway system; and (2) the Secretary to publish or otherwise report rates of obligation of funds apportioned or set aside according to program, funding category or subcategory, type of improvement, State, and sub-State geographic area on the basis of population. (Sec. 1115) Establishes the Cooperative Federal Lands Transportation Program, under which funds may be used for projects on highways that are owned or maintained by States or political subdivisions thereof that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Directs that such projects be proposed by a State and selected by the Secretary. Sets forth provisions regarding formulas for the distribution of funds for projects, funds transfers, and rights-of-way across Federal land (not affected). Makes specified funds available from the HTF for FY 1998 through 2003. (Sec. 1116) Directs the Secretary to make incentive grants to designated States and MPOs to encourage joint transportation planning activities and to improve people and vehicle movement into and through international gateways as a supplement to statewide and metropolitan transportation planning funding. Requires as a grant condition that a State transportation department or MPO certify to the Secretary that it commits to be engaged in joint planning with its counterpart agency in Mexico or Canada. Limits grant awards to $100,000 per department or MPO for any fiscal year. Makes funds available from the HTF for FY 1998 through 2003. Requires the Secretary to make grants to States to encourage, within the framework of the statewide transportation planning process, cooperative multistate corridor analysis of, and planning for, the safe and efficient movement of goods along and within international or interstate trade corridors of national importance. Sets forth provisions regarding the identification of corridors, corridor plans, and planning coordination. Consents to any two or more States: (1) entering into multistate agreements for cooperative efforts and mutual assistance in support of interstate trade corridor planning activities; and (2) establishing agencies to make the agreements effective. Makes specified funds available from the HTF for each of FY 1998 through 2003. Directs the Secretary to make grants to States or MPOs that submit an application that: (1) demonstrates need for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws; and (2) includes strategies to involve both the public and private sectors in the proposed project. Sets forth provisions regarding: (1) the selection of States, MPOs, and projects to receive grants; (2) permissible uses of grants; and (3) construction of transportation infrastructure for law enforcement purposes. Authorizes appropriations for FY 1998 through 2003. Sets forth provisions regarding coordination of planning, the Federal cost share, and the use of unallocated funds. (Sec. 1117) Amends the Appalachian Regional Development Act of 1965 to provide that: (1) each allocation to a State for the Appalachian development highway system shall remain available for expenditure for the fiscal year in which the allocation is made and the three following fiscal years; and (2) funds authorized for FY 1998 or thereafter, and not expended by a State during those four fiscal years, shall be released to the Appalachian Regional Development Commission for reallocation. Includes within the Appalachian development highway system a substitute corridor in lieu of Corridor H in Virginia. Increases the Federal share for prefinanced projects. Makes specified funds available for the continued construction of the system for FY 1998 through 2003. (Sec. 1118) Directs the Secretary to set aside specified funds for IS resurfacing, restoring, rehabilitating, or reconstructing, and for highway bridge replacement or rehabilitation, subject to specified requirements. (Sec. 1119) Requires the Secretary to solicit applications from States, or authorities designated by one or more States, for financial assistance authorized under this section for planning, design, and construction of eligible MAGLEV (i.e, transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) projects. Sets forth provisions regarding project eligibility, the Federal cost share, project selection criteria, and joint ventures. Makes funds available from the HTF for FY 1999 and 2000. Authorizes appropriations from the HTF for FY 2000 through 2003. Permits the use by a State of certain STP and CMAQ funds to pay a portion of project costs. (Sec. 1120) Requires the Secretary to execute an agreement with the Woodrow Wilson Memorial Bridge Authority or any Capital Region jurisdiction before funds made available under this section are available for construction of the replacement bridge, which shall identify whether the Authority or an individual entity will accept ownership of the new facility, and include a financial plan that identifies the total cost, schedule, and source of funds necessary to complete the project. Modifies the definition of the project to require that the replacement bridge be the preferred alternative identified in the record of decision in compliance with the National Environmental Policy Act. Authorizes appropriations from the HTF for FY 1998 through 2003 to pay the costs of planning, preliminary engineering and design, final engineering, acquisition of rights-of-way, and construction of the project. (Sec. 1121) Establishes the NHS as those routes and transportation facilities depicted on the map submitted by the Secretary to the Congress with a specified report, dated May 24, 1996. (Sec. 1122) Replaces the bridge program authorized in ISTEA with a requirement that States maintain their current funding levels for bridges on the Federal-aid system. Requires States to reserve at least an amount equivalent to the funding a State received under the bridge program for FY 1997 for bridges on either the IS, the NHS, or other Federal-aid roads. Requires an amount equivalent to at least 15 percent of a State's FY 1997 bridge apportionment to be expended on bridges off the Federal-aid system. Replaces the current requirement that States with Indian reservations reserve one percent of their bridge program funds for Indian reservation bridges to direct the Secretary to reserve at least $9 million for a program to fund improvements to Indian bridges. (Sec. 1123) Extends eligibility for CMAQ funding to include areas classified as submarginal ozone nonattainment areas and flexible attainment regions. Modifies eligibility for such funding to allow a State with a nonattainment area or maintenance area that received the minimum apportionment to use that amount of its apportionment not based on its nonattainment and maintenance area population on any project in the State eligible for STP funds. Excludes projects funded with CMAQ apportionments from the list of safety projects eligible for 100 percent Federal participation (making the standard 80 percent Federal share applicable). (Sec. 1124) Amends the National Highway System Designation Act of 1995 to remove Maine from the list of States (currently, Maine and New Hampshire) to which specified safety belt use law requirements apply. Updates and extends such requirements with respect to New Hampshire (requiring a belt use rate of at least 50 percent in FY 1997 through 2000). Subtitle B: Program Streamlining and Flexibility - Chapter 1: General Provisions - Replaces ISTEA provisions directing the Secretary to deduct up to three and three quarters per cent of specified apportionments for administrative expenses with a requirement that the Secretary deduct up to one and one half percent of certain Federal-aid highway apportionments to administer the Federal-aid highway program. (Sec. 1202) Amends Federal highway provisions to: (1) authorize advance acquisition of real property for transportation improvements (currently limited to highway projects); and (2) provide a credit for acquired lands based on the value of publicly owned lands incorporated within a federally funded project. (Sec. 1203) Permits obligations incurred in prior fiscal years and released in a current fiscal year to be made available for reobligation. (Sec. 1204) Repeals a restriction that applies the Federal-non-Federal matching share requirement to each payment a State receives for construction. Makes the requirement applicable to total project costs rather than to individual voucher payments. (Sec. 1205) Replaces provisions regarding income from airspace rights-of-way with provisions regarding proceeds from the sale or lease of real property acquired with assistance from the HTF. (Sec. 1206) Amends the National Highway System Designation Act of 1995 to provide that the Secretary shall not require States to use or plan the use of the metric system (currently, the Secretary may not require such action before September 30, 2000). (Sec. 1207) Requires the Secretary to submit to the Congress an annual (currently, monthly) report on States' obligations for Federal-aid highways, highway safety construction programs, and unobligated balances. (Sec. 1208) Terminates the right-of-way revolving fund (and provides for a 20 year close-out period), a pilot toll collection program, and a congressional bridge commission). Directs the Secretary to terminate the National Recreational Trails Advisory Committee. (Sec. 1209) Revises: (1) the eligible uses of funds apportioned for IM; and (2) the rules regarding the ability to transfer such funds to other Federal-aid highway programs. Chapter 2: Project Approval - Provides for the program-wide, rather than project-by-project, transfer and administration of transit funds made available for highway projects and highway funds made available for transit projects. Requires the Secretary to administer specified funds made available and transferred to Amtrak. (Sec. 1222) Eliminates provisions regarding State plans, specifications, and estimates for highway projects, including a provision limiting construction engineering costs to 15 percent of the total estimated costs of projects financed by Federal highway funds within a State in a fiscal year. Directs: (1) the Secretary to act upon plans, specifications, and estimates submitted by the State transportation department as soon as practicable and to enter into an agreement formalizing the conditions of project approval; and (2) the project agreement to make provision for State funds required for the State's pro rata share of project construction and maintenance costs. Authorizes the Secretary to discharge to the States with their approval the Secretary's responsibilities for the design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS. (Sec. 1223) Requires States to set aside eight (currently, ten) percent of the STP funds for transportation enhancement activities. Reduces the current quarterly, project-by-project State certification and notification requirements to annual, program-wide approval of each State's project agreement. (Sec. 1224) Authorizes States to use design-build contracting for Federal-aid highway projects meeting specified minimum criteria. Chapter 3: Eligibility and Flexibility - Redefines "operational improvement" to include the installation, operation, or maintenance of certain intelligent transportation systems (ITS) infrastructure projects. (Sec. 1232) Specifies that the construction of ferry boats and ferry terminal facilities are eligible uses of NHS, STP, and CMAQ funds. (Sec. 1233) Requires each State to set aside two percent of its STP apportionment for railway-highway crossings, two percent for hazard elimination activities, and six percent for railway highway crossings or hazard elimination activities. (Sec. 1234) Expands eligibility of projects on the NHS and under the STP. (Sec. 1236) Eliminates a requirement that a State highway project plan accommodate future traffic demands. Requires the Secretary to ensure the consideration of planned future traffic needs. Subtitle C: Finance - Chapter 1: General Provisions - Authorizes the Secretary to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance, subject to specified requirements. Chapter 2: Transportation Infrastructure Finance and Innovation - Transportation Infrastructure Finance and Innovation Act of 1997 - Establishes a transportation Federal credit assistance pilot program to provide alternative financing for eligible surface transportation projects. Sets forth eligibility criteria. (Sec. 1315) Authorizes the Secretary to enter into agreements with one or more obligors to make secured and direct loans to finance eligible project costs (including the refinancing of interim construction financing of such project costs for a limited time period). (Sec. 1318) Amends Federal transportation law to revise the duties of the Secretary to include, among other things, to develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. Directs the Secretary to establish within the Office of the Secretary an Office of Infrastructure Finance, headed by a Director responsible for: (1) carrying out certain responsibilities of the Secretary, and research on financing transportation infrastructure; and (2) providing technical assistance to Federal, State, and local government agencies and officials to facilitate the development and use of alternative techniques for financing transportation infrastructure. (Sec. 1321) Makes specified sums available from the HTF for FY 1998-2003 to carry out this chapter. (Sec. 1322) Sets forth reporting requirements. Subtitle D: Safety - Directs the Secretary to set aside for each of FY 1998 through 2003 from STP funds: (1) $500,000 to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings; and (2) $5 million for elimination of hazards of such crossings. (Sec. 1403) Expands the list of projects eligible for railway-highway funds to include trespassing countermeasures, safety education, enforcement of traffic laws, and publicly sponsored projects at privately owned railway-highway crossings. Requires States to report to DOT on certain completed projects. Repeals a requirement that half of such funds be available for installation of protective devices at such crossings. (Sec. 1404) Expands list of projects eligible for hazard elimination program funds to include projects that would remove road hazards to bicyclists. Repeals a prohibition on States using such funds to correct hazards on IS routes . (Sec. 1405) Requires the Secretary, if a State has not enacted or is not enforcing a repeat intoxicated driver law, to transfer one and one-half percent of a State's NHS and STP funds to the apportionment to be used for alcohol-impaired driving programs. Increases such percentage to three percent in FY 2002 and thereafter. Defines a "repeat intoxicated driver law" as one that requires, at a minimum, drivers with alcohol concentrations greater than or equal to .15 percent who are convicted of a second or subsequent offense within five years of the earlier conviction to receive a license suspension for at least one year, an assessment of the degree of alcohol abuse and treatment, as appropriate, and 30 days' community service or five days' imprisonment. (Sec. 1406) Provides incentive grants to States that either obtain a State seat belt use rate above the national average or increase the State seat belt usage. Makes funding available from the HTF for FY 1998 through 2003. Subtitle E: Environment - Directs the Secretary to carry out a National Scenic Byways program, and to make grants and provide technical assistance to States to implement National Scenic Byways, State scenic byways, and All-American Roads projects and plan, design, and develop a State scenic byway program. Sets the Federal share at 80 percent, with exceptions. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 1502) Allows an MPO, State transportation department, or other project sponsor to enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under CMAQ. Provides that activities eligible for funding in the case of projects for the use of alternative fuels by privately owned vehicles or vehicle fleets shall include costs of vehicle refueling infrastructure and other capital investments associated with the project but shall not include costs that would be borne by a private party or that would otherwise be offset under any other Federal, State, or local program. Prohibits a Federal participation payment from being made regarding any activity that is required under the Clean Air Act or any other Federal law. (Sec. 1503) Directs the Secretary to establish a national wetland restoration pilot program to fund specified mitigation projects to offset the degradation of wetlands, or the loss of functions and values of the aquatic resource, resulting from highway projects carried out before December 27, 1977, for which mitigation has not been performed. Sets forth provisions regarding selection of projects (and the formation of an interagency advisory council), selection criteria for priority projects, and reporting requirements. Makes specified funds available from the HTF for FY 1998 through 2003. Subtitle F: Planning - Revises provisions regarding metropolitan transportation planning. Sets forth specified boundary requirements for urbanized areas designated after this Act's enactment as ozone or carbon monoxide nonattainment areas, including that the boundaries of the metropolitan planning area be established by agreement between the local government and the Governor and encompass at least the urbanized and contiguous areas expected to become urbanized in a 20-year forecast period. Revises factors to be considered in the metropolitan transportation planning process. Requires such factors and State or local goals to be addressed in long-range transportation plans as they relate to a 20-year forecast and other forecast periods determined by planning process participants. Requires financial plans included in transportation management programs to indicate available resources and innovative financing techniques without requirements for indicating project-specific funding sources. Lists parties responsible for selection of federally funded projects to be implemented in metropolitan areas from approved transportation improvement programs. Authorizes the Secretary to withhold up to 20 percent of Federal highway and mass transportation funds attributable to a transportation management area if a metropolitan planning process is not certified. (Currently, all or part of STP funds may be withheld for failures to certify.) (Sec. 1602) Makes amendments to statewide planning provisions similar to those made to metropolitan planning provisions with respect to: (1) factors considered in the planning process; (2) elimination of requirements for project-specific funding sources; and (3) a 20-year forecast period for long-range transportation plans. (Sec. 1603) Directs the Secretary to establish: (1) an advanced travel forecasting procedures program; and (2) a comprehensive initiative to investigate and address the relationships between transportation and community and system preservation. Makes funds available from the HTF for FY 1998 through 2003. Subtitle G: Technical Corrections - Makes technical and conforming changes to Federal highway law. Increases the maximum allowable mileage on the NHS to 178,250 miles. Describes the Dwight D. Eisenhower National System of Interstate and Defense Highways and limits maximum mileage on the IS to 43,000 miles, exclusive of additional designations authorized by the Secretary. Title II: Research and Technology - Subtitle A: Research and Training - Amends Federal transportation law to direct the Secretary to establish a strategic planning process to: (1) determine national transportation research, development, and technology (RD&T) deployment priorities, strategies, and milestones over the next five years; (2) coordinate Federal transportation RD&T deployment activities; and (3) measure the impact of specified RD&T investments on the performance of the U.S. transportation system. Sets forth provisions regarding transactional authority of the Secretary, implementation of such process, and reporting requirements. Authorizes funds from the HTF for FY 1998 through 2003. (Sec. 2002) Directs the Secretary to establish a Multimodal Transportation Research and Development Program. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2003) Directs the Secretary to make grants to, or enter into contracts with, selected nonprofit institutions of higher learning to operate one university transportation center in each of the ten Federal administrative regions that comprise the Standard Federal Regional Boundary System. Authorizes the Secretary to make grants to such institutions to establish and operate up to ten additional centers to address specified transportation issues. Sets forth provisions regarding selection criteria, the Federal cost share, program coordination, and review and evaluation. Makes funds available from the HTF for each of FY 1998 through 2003. (Sec. 2004) Expands the list of topics to be covered by the Bureau of Transportation Statistics (BTS), including transportation-related variables influencing global competitiveness. Requires the Director of BTS to: (1) establish and maintain a transportation data base for all modes of transportation, and a National Transportation Library; and (2) develop and maintain geospatial data bases that depict transportation networks, flows of people, goods, vehicles, and craft over the networks, and social, economic, and environmental conditions that affect or are affected by the networks. Authorizes the Secretary to make specified research and development grants, including for development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library. Sets forth provisions regarding prohibited disclosures, and disposition of proceeds of data product sales. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2005) Directs the Secretary to: (1) carry out certain transportation-related RD&T transfer activities (and authorizes the Secretary to test, develop, or assist in testing and developing any material, invention, patented article, or process); and (2) develop and carry out programs to facilitate the application of such products of research and technical innovations as will improve the safety, efficiency, and effectiveness of the transportation system. Authorizes the Secretary to carry out certain collaborative research and development activities. Sets forth mandatory elements of surface transportation RD&T transfer programs. (Sec. 2006) Directs the Secretary to establish an advanced research program within the FHWA to address longer-term, higher-risk research that shows potential benefits for improving the durability, mobility, efficiency, environmental impact, productivity, and safety of transportation systems. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2007) Directs the Secretary to complete long-term pavement performance program tests through the midpoint of a planned 20-year life of the program. Makes HTF funds available for FY 1998 through 2003. (Sec. 2008) Makes two percent of certain transportation funds available to the States for each fiscal year to fund planning and research. (Sec. 2009) Directs the Secretary to carry out a transportation assistance program to provide access to modern highway technology to: (1) certain low-population and rural highway and transportation agencies; and (2) contractors who work for such agencies. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts to: (1) assist rural local transportation agencies, tribal governments, and consultants; (2) deliver transportation technology and traffic safety information to local jurisdictions; (3) operate local technical assistance program centers; and (4) allow local transportation agencies and tribal governments to enhance new technology implementation. Makes funds available from the HTF for FY 1998 through 2003. Directs the Secretary to: (1) establish and operate in FHWA a National Highway Institute; and (2) carry out a Dwight David Eisenhower Transportation Fellowship Program to attract qualified students to the field of transportation. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2010) Provides authorized uses of international highway transportation outreach program funds. Enables States to use their State Planning and Research Program Funds for program activities. (Sec. 2011) Directs the Secretary to develop and administer a national technology deployment initiatives and partnerships program. Sets forth reporting requirements. Makes HTF funds available for FY 1998 through 2003. (Sec. 2012) Directs the Secretary to: (1) report every two years on estimates of the future highway and bridge needs of the United States; (2) establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures (and makes HTF funds available for FY 1998 through 2003); (3) make a grant to, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences to conduct a study to determine the goals, purposes, research agenda and projects, administrative structure, and fiscal needs for a new strategic highway research program (and sets reporting requirements); and (4) encourage and promote joint partnerships for advanced vehicles, components, and infrastructure (and sets forth reporting requirements and authorizes appropriations). Subtitle B: Intelligent Transportation Systems - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to carry out a comprehensive program of intelligent transportation systems (ITS) research, development, operational testing, technical assistance and training, national architecture activities, standards development and implementation, and other similar activities, including a program to conduct research, development, and engineering designed to stimulate and advance deployment of an integrated intelligent vehicle program and an integrated intelligent infrastructure program. Sets forth provisions regarding priorities, cost sharing, a six-year plan, reporting and evaluation requirements, and funding. Directs the Secretary to: (1) maintain a repository for technical and safety data collected as a result of federally sponsored projects and, upon request, make such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (2) carry out a program to advance traffic incident management and response technologies, strategies, and partnerships that are fully integrated with ITS; (3) conduct a comprehensive program to accelerate the integration and interoperability of ITS; (4) conduct a comprehensive program to accelerate the integration or deployment of ITS in rural areas; and (5) carry out a comprehensive program to promote the safety and productivity of commercial vehicles and drivers, and reduce costs associated with commercial vehicle operations and State and Federal commercial vehicle regulatory requirements. Makes HTF funds available for FY 1998 through 2003. Requires the Secretary to develop, implement, and maintain a national architecture and supporting standards to promote the widespread use and evaluation of ITS technology as a component of U.S. surface transportation systems. Sets forth provisions regarding reporting requirements, waivers, funding limitations, and advisory committees. Repeals the Intelligent Transportation Systems Act of 1991. Subtitle C: Funding - Makes funds available from the HTF for research, technology, and training for FY 1998 through 2003. Limits obligations for each such year.
United States · United States Congress · 11 September 1997
Federal Agency Compliance Act - Requires a Federal agency, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the United States court of appeals for that circuit, with exceptions. Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court that established that precedent or a court of appeals for another circuit; (2) the Government did not seek further review of the case in which that precedent was first established in that appeals court or the U.S. Supreme Court because neither the United States nor any agency or officer thereof was a party to the case or because the decision establishing that precedent was otherwise substantially favorable to the Government; or (3) it is reasonable to question the continued validity of that precedent in light of a subsequent decision of that appeals court or the U.S. Supreme Court, a subsequent change in any pertinent statute or regulation, or any other subsequent change in the public policy or circumstances on which that precedent was based. Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; and (2) decisions on whether to initiate, defend, or continue litigation to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based. Requires the Attorney General to report annually to specified congressional committees on Federal agency efforts to comply with this Act. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates the requirement under this Act regarding adherence to court of appeals precedents.
United States · United States Congress · 4 September 1997
Substance Abuse Treatment Parity Act of 1997 - Amends the Public Health Service Act, Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require parity and nondiscriminatory application of treatment limitations and financial requirements to substance abuse treatment benefits under private group and individual health plans which offer such treatment benefits in addition to medical and surgical benefits. Exempts from this Act small employers with 50 or fewer employees.
United States · United States Congress · 4 September 1997
Condemns the bombing in Jerusalem on September 4, 1997, and those responsible for encouraging or inciting such acts. Expresses: (1) condolences to the families of the victims; and (2) solidarity with the people of Israel. Reaffirms that the United States should fully cooperate with Israel in helping to stem the tide of terrorism which has threatened the Oslo peace process and the stability of the region. Affirms that the United States should provide no monetary or other assistance to the Palestinian Authority until it has fulfilled its obligations under the Oslo Accords.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Mineral Materials Title VII: Administrative Provisions Mining Law Reform Act of 1997 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the fifth amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. (Sec. 204) Prescribes general patent issuance guidelines. Retains a Federal right of reentry in lands patented under this Act. Delineates circumstances under which such right shall ripen. Declares this Act inapplicable to mining claims and sites contained within mineral patent applications pending as of September 30, 1997, or for which a vested possessory property right against the United States exists on the date of enactment of this Act. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of five percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any person with annual net proceeds from such mineral production of less than $50,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Establishes civil penalties for nonpayment of royalties. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Mineral Materials - Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). (Sec. 602) Amends Federal law to state that lands known to contain valuable deposits of mineral materials, but not covered by any contract, permit, or lease, or by a valid mining claim, for uncommon varieties of mineral materials, are subject to disposition by lease by the Secretary. Cites as lease conditions: (1) a minimum royalty payment of two percent of the quantity or gross value of the mineral output; and (2) certain rental payments. Specifies such rental payments in the following order: (1) 25 cents per acre for the first calendar year; (2) 50 cents for the second, third, fourth, and fifth years, respectively; and (3) $1 per acre per annum thereafter for the life of the lease. Requires such rental to be credited against royalties accruing for the year. Sets the lease term for 20 years and so long thereafter as the lessee complies with the lease terms. Conditions leases upon a minimum annual production, or payment of a minimum royalty in lieu thereof. Authorizes the Secretary to permit suspension of operations under such leases when marketing conditions do not permit leases to operate without a loss. Directs the Secretary to renew leases subject to the same tenure and conditions as provided for in this Act. Authorizes the Secretary to grant prospecting permits with the exclusive right to prospect for mineral materials for a maximum two-year period on up to 2,560 acres of Federal land in reasonably compact form. Entitles a permittee to lease the land described in such permit (subject to a minimum royalty of two percent of the quantity or gross value of the mineral material output at the point of shipment to market) upon showing that the permittee has discovered valuable mineral deposits subject to the Materials Act of 1947. Entitles holders of valid mining claims for uncommon varieties of mineral materials to receive a lease. Amends Federal law regarding unpatented mining claims to assert the Federal right to manage and dispose of mineral material surface resources, or to sever, remove, or use them before issuance of a mining patent. Authorizes the Secretary to negotiate a contract for the disposal of mineral materials, in lieu of disposing of them to the highest responsible qualified bidder after formal public notice, as required by current law. Title VII: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service Subtitle A: Executive Branch Governance and Senior Management Subtitle B: Personnel Flexibilities Title II: Electronic Filing Title III: Taxpayer Protection and Rights Title IV: Congressional Accountability for the Internal Revenue Service Subtitle A: Oversight Subtitle B: Budget Subtitle C: Tax Law Complexity Internal Revenue Service Restructuring and Reform Act of 1997 - Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service - Subtitle A: Executive Branch Government and Senior Management - Amends the Internal Revenue Code (IRC) to replace current provisions establishing the office of the Commissioner of Internal Revenue with provisions establishing the Internal Revenue Service Oversight Board (the Board). Requires that seven of the nine members of the Board not be full-time Federal officers or employees. Requires that all Board members have expertise in, among other things: (1) management of large service organizations; (2) customer service; and (3) the needs and concerns of taxpayers. Requires the Board to: (1) review and approve strategic plans of the Internal Revenue Service (IRS); (2) review the operational functions of the IRS; (3) select the Commissioner of Internal Revenue (Commissioner), as well as senior IRS managers, and review the Commissioner's reorganization plans; and (4) review and approve the IRS budget request, as well as ensure audits of the IRS. (Sec. 102) Replaces current provisions which authorize the Secretary of the Treasury (Secretary) to employ such personnel as necessary for the proper administration and enforcement of the internal revenue laws with provisions requiring there to be in the Department of the Treasury a Commissioner who shall be appointed by the Board for a five-year term. Sets forth the duties of the Commissioner, including the: (1) administration and management of the internal revenue laws; and (2) Commissioner's responsibility to consult with the Board. Establishes and sets forth duties for: (1) a Chief Counsel for the IRS to be appointed by the President; (2) the Office of Employee Plans and Exempt Organizations; (3) an Office of the Taxpayer Advocate. (Sec. 103) Replaces current provisions concerning the effect of reorganization plans with provisions which authorize the Commissioner to employ such number of persons as proper to administer and enforce the internal revenue laws. Subtitle B: Personnel Flexibilities - Directs the Commissioner to establish a performance management system covering IRS employees which: (1) establishes retention standards; and (2) establishes performance goals or objectives. Provides for awards based on performance, but prohibits making an award solely on the basis of tax enforcement results. Sets forth other provisions concerning: (1) classification and pay; (2) staffing; and (3) demonstration projects. Title II: Electronic Filing - Provides for paperless filing and payment of taxes. Title III: Taxpayer Protection and Rights - Sets forth provisions concerning taxpayer protections and rights, including provisions concerning: (1) authority to issue taxpayer assistance orders; (2) authority to award costs and fees; (3) damages for negligence in collection actions; (4) criteria and procedures for selecting taxpayers for examination; (5) archival treatment of IRS records; (6) freedom of information; (7) offers-in-compromise; (8) jurisdiction of the Tax Court; (9) cataloging of complaints; and (10) procedures for taxpayer interviews. (Sec. 309) Eliminates the interest differential on overpayments and underpayments. (Sec. 310) Eliminates the failure to pay penalty as long as an installment payment agreement is in effect. (Sec. 311) Directs the Secretary to accept installment tax liability payments if: (1) such liability does not exceed $10,000; (2) the taxpayer has, during the past five years, paid on time; and (3) the taxpayer has not entered into a prior installment agreement. (Sec. 313) Directs the Secretary to make grants to provide matching funds for qualified low-income taxpayer clinics. (Sec. 319) Provides for studies concerning: (1) taxpayer confidentiality; (2) penalty administration; (3) treating all taxpayers as separate filing units; and (4) burden of proof. Title IV: Congressional Accountability for the Internal Revenue Service - Subtitle A: Oversight - Authorizes the Joint Committee on Taxation (Joint Committee) to procure the services of experts for investigations of the IRS by the General Accounting Office. (Sec. 402) Establishes additional reporting requirements for the Joint Committee. Subtitle B: Budget - Provides for additional budget authority for the IRS, but only on annual basis and only if specified improvements are made in taxpayer services. (Sec. 413) Directs the Commissioner to convene a financial advisory management group to advise the Commissioner. Subtitle C: Tax Law Complexity - Expresses the sense of the Congress that the IRS should provide the Congress with an independent view of tax administration. (Sec. 422) Requires a Senate or House of Representatives committee, when reporting legislation including any provision amending the IRC, to contain within the report a Tax Complexity Analysis. (Sec. 423) Declares it to be the policy of the Congress that employers should have a single point of filing tax and wage reporting information. (Sec. 424) Requires the Joint Committee to prepare a study of the feasibility of developing a baseline estimate of taxpayers' compliance burdens against which future legislative proposals could be measured.
United States · United States Congress · 31 July 1997
Amends the Indian Gaming Regulatory Act to repeal specified funding provisions for the National Indian Gaming Commission. Replaces them with provisions directing the Commission to: (1) require each gaming operation that conducts class II or class III gaming activity that is regulated by the Act to pay to the Commission, on a quarterly basis, a minimum regulatory fee of $250; and (2) establish a schedule of fees to be paid to the Commission that includes fees for each class II and class III gaming activity that is regulated by the Act. Limits: (1) the rate of fees imposed for each class II and class III gaming activity covered under that schedule that is regulated by the Act; and (2) the total amount of fees imposed during any fiscal year under the schedule established. Prohibits aggregate fee amounts collected from exceeding specified limitations. Directs the Secretary of the Treasury to establish a special fund into which amounts equal to the fees paid shall be deposited to be used to fund the Commission's activities. Revises: (1) Commission budget content requirements; and (2) authorization of appropriations provisions.
United States · United States Congress · 31 July 1997
United States Buffalo Nickel Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-cent coins based on the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938. Mandates that: (1) each coin have a profile representation of a Native American on the obverse side, and a representation of a buffalo on the reverse side; (2) coin design shall be selected by the Secretary after consultation with specified congressional committees and reviewed by the Citizens Commemorative Coin Advisory Committee; and (3) a one-dollar sales surcharge shall be imposed per coin and distributed to the National Museum of the American Indian to commemorate its tenth anniversary and to supplement its endowment and educational outreach funds.
United States · United States Congress · 31 July 1997
Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1997 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute. Directs the president of each of the respective institutions to prescribe by regulation alternative personnel management provisions. Disallows covering current employees except pursuant to a voluntary election. Directs the Secretary of the Interior to delegate to the president of each of the respective institutions procurement authority with respect to the conduct of the administrative functions of the university. Authorizes as appropriations to each of the respective institutions for FY 1998, and for each fiscal year thereafter: (1) the amount of funds made available by appropriations as operations funding for the administration of such institution for FY 1997; and (2) such additional sums as may be necessary for the operation of such institution pursuant to this Act.
United States · United States Congress · 28 July 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
United States · United States Congress · 25 July 1997
National Discovery Trails Act of 1997 - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Permits such trails to be designated on nonfederal lands, with an owner's consent. Allows such consent to be revoked at any time. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas; (2) is supported by a competent trailwide nonprofit organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments; and (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route, exclusive of any nonfederal property for which an owner has not provided consent for inclusion and use. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Requires the administering Federal agency, within three complete fiscal years after designation of a national discovery trail, to provide for a comprehensive plan for the protection, management, development, and use of the Federal portions of the trail and provide technical assistance to States, local units of government, and private landowners, as requested, for nonfederal portions of the trail.
United States · United States Congress · 22 July 1997
Interstate Slamming Prevention Act of 1997 - Amends the Communications Act of 1934 to make telecommunications carriers that execute illegal changes in a subscriber's selection of telephone exchange or toll service liable for any fees associated with changing the subscriber back to the carrier previously selected. Subjects carriers that violate verification procedures with respect to such changes to additional fines and penalties, including a forfeiture penalty. Authorizes the Federal Communications Commission (FCC), in order to provide subscribers with additional protections against such illegal changes, to require carriers to: (1) establish toll-free telephone numbers to register complaints regarding service changes; and (2) provide the FCC with information relating to such complaints. Directs the FCC to report annually to the Congress on unauthorized changes of subscribers' selections of telephone exchange or toll service.
United States · United States Congress · 21 July 1997
Imported Produce Labeling Act of 1997 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Authorizes fines for violations of such provision.
United States · United States Congress · 17 July 1997
Kid's Bank Act - Amends the Higher Education Act of 1965 (HEA) to include under the definition of an eligible lender a bank that: (1) is a wholly owned subsidiary of a tax-exempt charitable nonprofit foundation; (2) makes HEA student loans only to undergraduate students who are age 22 or younger; and (3) has a portfolio of such loans that is not more than $10 million.
United States · United States Congress · 17 July 1997
Extends through FY 2000 a pilot program under which the Secretary of Veterans Affairs is authorized to make direct housing loans to Native American veterans. Requires consultation with tribal organizations and Native American veterans organizations in carrying out such program. Amends the Veterans Home Loan Program Amendments of 1992 to: (1) require annual reports concerning the pilot program to be submitted to additional specified congressional committees; and (2) require such reports to include a description of outreach activities undertaken under such program.
United States · United States Congress · 16 July 1997
Veterans Employment Opportunities Act of 1997 - Provides that a veterans' preference eligible (PE) or an individual who has been separated from military service under honorable conditions after three or more years of active duty shall not be denied the opportunity to compete for a vacant position within a Federal agency, either in the competitive or excepted service, by reason of: (1) not having acquired competitive status; or (2) not being an employee of such agency. Requires each agency to notify the Office of Personnel Management (OPM) and U.S. employment offices of each vacant position for which competition is restricted to employees or individuals having competitive service. Requires OPM, at least every two years, to submit to the Congress and the President a report detailing for the prior period the number of such vacant positions in the Federal Government and the number of PE or separated individuals referred or appointed to such positions. Directs OPM to establish and keep current a comprehensive list of all announcements of vacant positions within each agency for which competition is so restricted. Applies such PE requirements to the Postal Service, with exceptions for certain collective bargaining positions. Prohibits, during a Federal reduction in force (RIF), a position occupied by a PE from being placed in a single-position competitive level if the PE is qualified to perform the essential functions of any other position at the same grade in the competitive area (defined as being able to perform such functions within 150 days). Entitles a PE whose current or latest performance rating is at least fully successful to be assigned during a RIF to any position for which he or she is qualified that is within: (1) the PE's commuting area and is currently occupied by an individual placed in such position within six months before the RIF; or (2) the PE's competitive area and is not more than three grades below the position from which the PE was released (with an exception). Authorizes a PE to challenge the classification of any position to which the PE asserts assignment rights in an action before the Merit Systems Protection Board. Requires each agency to establish an agency-wide priority placement program to facilitate employment placement for PEs who are scheduled to be or who are separated from service due to a RIF and who have received a rating of at least fully successful at their last performance evaluation or who occupy positions excluded from a performance appraisal system. Allows an individual to designate a different local commuting area in order to exercise reemployment rights if there are no alternative positions within the most local area. Requires an agency to place qualified present and former employees in retention order by PE subgroup and tenure group. Makes an individual eligible for reemployment for two years after a RIF. Provides conditions under which an individual loses eligibility for such reemployment. Provides administrative and judicial redress and remedies for any PE or other individual who alleges that an agency has violated such individual's veterans' preference or related rights. Extends the veterans' preference to: (1) employment within the General Accounting Office; (2) appointments made to the Office of the President (with an exception when the President certifies that the position is a confidential, policy-making, or political position); and (3) appointments to the legislative branch (with specified exclusions). Establishes administrative remedies and procedures for PE and separated individuals with respect to appointments within the legislative or judicial branches of the Federal Government. Requires the Judicial Conference of the United States to prescribe regulations to provide for: (1) veterans' preference in the consideration of applicants for employment, and in the conduct of any RIF, within the judicial branch; and (2) redress procedures for alleged violations of any rights of such individuals. Requires the Conference to: (1) consult with specified congressionally chartered veterans' service organizations when considering such regulations; and (2) provide specified congressional committees with a copy of such regulations. Extends the veterans' preference to RIFs in the Federal Aviation Administration. Includes among PE veterans those who served during a military operation in a qualified hazardous duty area under requirements prescribed by the Secretary of Defense. Prohibits any employee authorized to take personnel actions from knowingly taking, or failing to take, any personnel action if such taking or failure would violate a PE requirement.
United States · United States Congress · 16 July 1997
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: General Provisions Treasury and General Government Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. Title I: Department of the Treasury - Makes appropriations for the Department of the Treasury for: (1) departmental offices; (2) the Office of Professional Responsibility; (3) automation enhancement; (4) the Office of Inspector General; (5) repair and restoration of the Treasury building and annex; (6) the Financial Crimes Enforcement Network; (7) violent crime reduction programs; (8) the Federal Law Enforcement Training Center, including amounts for maintenance and facility improvements; (9) interagency law enforcement with respect to organized crime drug trafficking; (10) the Financial Management Service; (11) the Bureau of Alcohol, Tobacco and Firearms, including an amount for construction of specified laboratory facilities; (12) the U.S. Customs Service, including amounts for operations and maintenance of marine vessels and aircraft, services at small airports, and collection of the Harbor Maintenance Fee; (13) the Bureau of the Public Debt; (14) the Internal Revenue Service (IRS), including amounts for tax law enforcement, information systems, and information technology investments; and (15) the Secret Service, including an amount for construction and improvement of facilities. Sets forth authorized uses of, and limitations on, such funds. (Sec. 117) Provides that the compensation and other emoluments attached to the Secretary of the Treasury shall be those that would apply if Public Law 103-2 (which sets such compensation and emoluments at those in effect on January 1, 1989) had never been enacted. Makes such adjustment effective on the later of: (1) the day after the date on which the individual holding such office on January 1, 1997, ceases to hold such office; or (2) this Act's enactment date. (Sec. 118) Amends the District of Columbia Police and Firemen's Salary Act of 1958 to revise provisions regarding compensation for the Secret Service Uniformed Division. Establishes a rate schedule for such compensation and sets forth administrative provisions regarding conversion to the new schedule. Revises provisions regarding premium pay for the Division and sets new limits on premium pay and compensatory time for Division members whose basic pay exceeds a specified amount. Makes any existing special salary rates, rates of pay, or pay adjustments under specified Federal laws inapplicable to the Division on the effective date of this section. (Sec. 120) Requires the Secretary to establish the port of Kodiak, Alaska, as a port of entry to be served by Customs Service personnel. Authorizes appropriations. Title II: Postal Service - Makes appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail and for meeting the liabilities of the former Post Office Department to the Employees' Compensation Fund. Sets forth authorized uses of, and limitations on, such funds. Title III: Executive Office of the President and Funds Appropriated to the President - Makes appropriations for: (1) compensation of the President and the White House office; (2) operating and maintenance expenses of the Executive Residence at the White House; (3) White House repair and restoration; (4) special assistance to the President and the official residence of the Vice President; (5) the Council of Economic Advisers; (6) the Office of Policy Development; (7) the National Security Council; (8) the Office of Administration; (9) the Office of Management and Budget (OMB); (10) the Office of National Drug Control Policy; and (11) Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national media campaign for youth. Sets forth authorized uses of, and limitations on, such funds. Title IV: Independent Agencies - Makes appropriations for the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Federal Election Commission; (3) Federal Labor Relations Authority; and (4) General Services Administration, including amounts for the Federal Buildings Fund, Government-wide policy and operations, Office of Inspector General, and allowances and office staff for former Presidents. Sets forth authorized uses of, and limitations on, such funds. (Sec. 409) Removes time limitations on certain allowances and mailing privileges extended to former Presidents. Makes appropriations for: (1) expenses to carry out the John F. Kennedy Assassination Records Collection Act of 1992; (2) the Merit Systems Protection Board; (3) the National Archives and Records Administration, including amounts for repairs and restoration of archives and presidential libraries; (4) the National Historical Publications and Records Commission; (5) the Office of Government Ethics; (6) the Office of Personnel Management, including an amount for the Office of Inspector General; (7) Government contributions for health and life insurance benefits for annuitants; (8) the Civil Service Retirement and Disability Fund; (9) the Office of Special Counsel; and (10) the U.S. Tax Court. Sets forth authorized uses of, and limitations on, such funds. Title V: General Provisions - Sets forth authorized and prohibited uses of funds made available under this Act. (Sec. 509) Sets forth Buy American provisions. (Sec. 512) Requires, except as otherwise provided, that no more than 50 percent of unobligated balances remaining at the end of FY 1998 from appropriations for salaries and expenses remain available through FY 1999. Requires a request to the Appropriations Committees before expenditure of the funds. (Sec. 513) Prohibits the use of funds made available by this Act by the Executive Office of the President to request an official background investigation report on any individual from the Federal Bureau of Investigation unless such individual has given prior written consent during the same presidential administration or such request is due to extraordinary national security circumstances. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations. (Sec. 625) Requires the OMB Director to report to the Congress: (1) estimates of costs and benefits of Federal regulatory programs; (2) impacts of Federal rules on the private sector and all levels of government; and (3) recommendations for reform or elimination of inefficient regulatory programs. (Sec. 632) Requires the OMB Director to implement a budget object classification to record obligations for the expenses of employee relocation.
United States · United States Congress · 8 July 1997
Amends the Federal criminal code to increase from ten to 15 years the maximum term of imprisonment for offenses involving the transportation, transfer, or use of stolen firearms.
United States · United States Congress · 7 July 1997
National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to establish: (1) the National Institute of Biomedical Imaging in the National Institutes of Health; and (2) the National Biomedical Imaging Program. Authorizes appropriations.
United States · United States Congress · 17 June 1997
Expresses the sense of the Senate that: (1) the Senate recognizes and supports the Federal Government's legal and moral commitment to the education of American Indian and Alaska Native children which is a part of treaties, Executive orders, court decisions, and public laws which have been enacted by the House and Senate; (2) funding for all bills, including reauthorizing legislation in the 105th Congress with specific programs for American Indians and Alaska Natives, be at levels sufficient to meet the ever-increasing educational and economic demands facing Indian people; (3) the Senate recognizes the adult literacy needs of American Indians and Alaska Natives through the inclusion of tribal provisions in the administration's proposal to reauthorize the Adult Education Act; (4) the administration's bill for reauthorization of the Higher Education Act of 1995, Public Law 102-325, preserve the original purpose and intent of the Tribally-controlled Community Colleges Act and promote access to higher education opportunities for American Indians and Alaska Natives; (5) during the 105th Congress' reauthorization of agricultural research programs, the needs of tribal colleges as designated land-grant institutions must be given close attention, through amendments to the Educational Equity in Land-Grant Status Act of 1994; (6) early childhood programs such as Head Start and Healthy Start contain resources needed to meet a growing number of American Indian and Alaska Native children whose rate of growth exceeds the national average; and (7) the Senate recognizes the need for development and implementation of a Government-wide policy on Indian education which addresses the needs of American Indian and Alaska Native people.
United States · United States Congress · 12 June 1997
Landmine Elimination Act of 1997 - Prohibits, beginning on January 1, 2000, funds appropriated or otherwise available to any Federal department or agency from being obligated or expended for new deployments of anti-personnel landmines. Requires the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Allows the President to delay application of the prohibition with respect to the Peninsula if, not later than January 1, 2000, and each year thereafter, the President certifies the Congress that new deployments of anti-personnel landmines on the Peninsula in the event of a Korean war or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year.
United States · United States Congress · 12 June 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 9 June 1997
National Motor Vehicle Safety, Anti-theft, Title Reform, and Consumer Protection Act of 1997 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a term or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply specified uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Directs the Secretary to prescribe requirements (similar to those of the Automobile Information Disclosure Act) that a label containing certain information be affixed to the windshield or window of a rebuilt or remanufactured salvage vehicle before its first sale. Prohibits a person from willfully removing, altering, or rendering illegible such label before the vehicle is delivered to the ultimate purchaser. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of these acts. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 5 June 1997
Law Enforcement Protection Act of 1997 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. Consents to the formation of interstate compacts or agreements for cooperative efforts in enabling authorized individuals to carry concealed weapons.
United States · United States Congress · 23 May 1997
TABLE OF CONTENTS: Title I: Native American Financial Services Organization Title II: Capitalization of Organization Title III: Regulation, Examination, and Reports Title IV: Formation of New Corporation Title V: Authorizations of Appropriations Native American Financial Services Organization Act of 1997 - Sets forth the policy, purposes, and definitions with respect to this Act. Title I: Native American Financial Services Organization - Establishes the Native American Financial Services Organization to assist in improving Native American housing and economic situations including the creation of Native American Financial Institutions. Authorizes a Native American lending services grant. Title II: Capitalization of Organization - Sets forth Organization capitalization provisions. Title III: Regulation, Examination, and Reports - Sets forth Organization regulation, examination, and reporting requirements. Title IV: Formation of New Corporation - Provides for the formation of a new Organization under the laws of any tribe, State, or the District of Columbia. Title V: Authorizations of Appropriations - Authorizes appropriations for: (1) Native American Financial Institutions; and (2) the Organization.