United States · United States Congress · 4 February 1998
American Debt Repayment Act - Prohibits budgeted outlays from exceeding budgeted revenues, beginning with FY 1999. Requires, beginning with FY 1999, that actual revenues exceed actual outlays in order to provide for the reduction of the gross Federal debt. Requires the amount of reduction to be equal to the amount required to amortize the debt over the next 30 years in order to repay the entire debt by the end of FY 2029. Authorizes a congressional waiver of this Act when a declaration of war is in effect. Prohibits a bill to increase revenues from being deemed to pass the House of Representatives or the Senate unless approved by a majority roll call vote of both Houses. Directs the Congress to review actual revenues on a quarterly basis and adjust outlays to comply with this Act.
United States · United States Congress · 28 January 1998
Requires the Director of the Congressional Research Service (CRS) to make accessible to the public via the Internet all information available through the CRS web site that is not confidential, including all CRS issue briefs, reports, and authorization or appropriations products. Requires the information to be made accessible not earlier than 30 days after the first day it is available to Members of Congress through the CRS web site.
United States · United States Congress · 28 January 1998
Condemns the continued threat to international peace and security posed by Iraq's refusal to meet its international obligations and end its weapons of mass destruction programs. Urges the President to: (1) take all necessary and appropriate actions to respond to such threat; and (2) work with the Congress in furthering a long-term policy aimed at definitively ending such threat.
United States · United States Congress · 27 January 1998
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 95 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
United States · United States Congress · 8 November 1997
TABLE OF CONTENTS: Title I: Promotion of Commercial Space Opportunities Title II: Federal Acquisition of Space Transportation Services Commercial Space Act of 1997 - Title I: Promotion of Commercial Space Opportunities - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate: (1) a specified study that identifies and examines the opportunities for commercial providers to play a role in International Space Station activities, including operation, use, servicing, and augmentation; and (2) an independently-conducted market study that examines and evaluates potential industry interest in providing commercial goods and services for the operation, servicing, and augmentation of the International Space Station, and in the commercial use of the International Space Station (including updates to the cost savings and revenue estimates made in the preceding study, based on the external market assessment). Requires the Administrator to report to the Congress, no later than the submission of the President's annual budget request for FY 1999, stating the number of proposals (including solicited and unsolicited proposals) NASA received during 1997 regarding commercial operation, servicing, utilization, or augmentation of the International Space Station, and specifying for each of such categories the number of proposals received by NASA during the period specified and the number of agreements that NASA entered into in response to the proposals. (Sec. 102) Amends Federal law to include reentry vehicles and reentry operations within the scope of commercial space launch activities. Mandates an annual report. (Sec. 103) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to: (1) discontinue funding of the commercial launch voucher demonstration program through the Office of Commercial Programs within NASA (continues funding such program directly through NASA); and (2) extend the program indefinitely. (Sec. 104) Encourages the President to promote U.S. Global Positioning System standards. (Sec. 105) Directs NASA to purchase, to the maximum extent possible, space science data from a commercial provider. (Sec. 106) Directs the Administrator to: (1) acquire space-based and airborne Earth remote sensing data provided by a commercial provider for purposes of meeting Government goals for Mission to Planet Earth; and (2) conduct a study to determine the extent to which baseline scientific requirements of Mission to Planet Earth could be met by commercial providers, and how NASA will be able to meet baseline scientific requirements that cannot be met by commercial providers. Requires that the study be carried out as part of the Commercial Remote Sensing Program at NASA's Stennis Space Center. Title II: Federal Acquisition of Space Transportation Services - Requires the Federal Government to procure space transportation services from U.S. commercial providers in any case in which those services are required in the course of the activities of the Government, subject to exception. (Sec. 203) Makes conforming amendments to the Launch Services Purchase Act of 1990. Maintains the prohibition for the launching of commercial payloads as primary payloads on the space shuttle. (Sec. 204) Provides for authorized Federal uses of excess intercontinental ballistic missiles. (Sec. 205) Requires the Secretary of Defense to submit a specified report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House on national launch capability. (Sec. 206) Directs the Administrator to coordinate and administer the Commercial Space Center program from NASA headquarters in Washington, D.C.
United States · United States Congress · 7 November 1997
Irrigation Project Contract Extension Act of 1997 - Directs the Secretary of the Interior to extend through December 31, 2001, each of ten specified water service or repayment contracts for the Glendo Unit of the Missouri River Basin Project. Requires such contracts to be extended for the same term that a specified cooperative agreement concerning the Platte River may be extended.
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Improving Monetary Policy and Financial Institution Management Practices Title II: Streamlining Activities of Institutions Title III: Streamlining Agency Actions Title IV: Disclosure Simplification Title V: Miscellaneous Title VI: Technical Corrections Financial Regulatory Relief and Economic Efficiency Act of 1997 - Title I: Improving Monetary Policy and Financial Institution Management Practices - Amends the Federal Reserve Act (FRA) to permit interest payments on reserves maintained at a Federal reserve bank to meet depository institution reserve requirements. (Sec. 102) Repeals the limitation on the authority of a depository institution to permit the owner of any deposit or account to make withdrawals by negotiable or transferable instruments for transfers to third parties. (Currently, such authority may be applied only with respect to the accounts of charitable, religious, and other nonprofit organizations, as well as to Federal, State, and local governments.) Amends the FRA, the Home Owners' Loan Act (HOLA), and the Federal Deposit Insurance Act (FDIA) to repeal the prohibition against interest or dividend payments on demand deposits. (Sec. 103) Amends HOLA to: (1) repeal savings association liquid asset and dividend notice requirements; (2) provide for examination of savings association companies; (3) repeal certain restrictions on interstate acquisitions that result in the formation of a multiple savings and loan holding company which controls savings and loan associations in more than one State; and (4) permit a savings and loan holding company, with the prior approval by the Director of the Office of Thrift Supervision, to acquire more than five percent of the voting shares of a non-subsidiary savings association or non-subsidiary savings and loan holding company. (Sec. 108) Amends the FDIA to repeal deposit broker notification and recordkeeping requirements. (Sec. 109) Amends the FRA to reserve to the Board of Governors of the Federal Reserve System (the Board) (currently, the appropriate Federal banking agency) the authority to promulgate regulations on extensions of credit to executive officers of member banks. (Sec. 110) Amends the National Bank Consolidation and Merger Act to prescribe expedited procedures permitting a national banking association to: (1) reorganize as either a bank holding company, or as a bank holding company subsidiary; or (2) merge with subsidiaries or nonbank affiliates. (Sec. 111) Amends Federal banking law to increase from one year to three years the term of the national bank director. Amends the Banking Act of 1933 to authorize the Comptroller of the Currency to exempt a national banking association from the 25-member limit on the number of members of an association's governing body. (Sec. 113) Amends Federal banking law and the FDIA to exclude from the prohibition against loans or discounts on the security of the shares of its own capital stock any such loan or discount if a national banking association or depository institution acquires the stock in order to prevent loss upon a debt contracted for in good faith before the discount transaction or loan date. Removes the prohibition against depository institution affiliation with a Government-sponsored enterprise. (Sec. 116) Amends the Bank Holding Company Act of 1956 (BHCA) to: (1) repeal certain cross-marketing restrictions placed upon banks controlled by certain companies that are not treated as bank holding companies; (2) preserve the exemption from bank holding company treatment of certain companies whose limited purpose bank subsidiary may have permitted overdrafts resulting from an inadvertent computer or accounting error beyond the control of both the bank and the affiliate (daylight overdrafts); and (3) authorize actions which specified banks may take to avoid divestiture following loss of exemption from treatment as bank holding companies. (Sec. 118) Amends the FRA to mandate inclusion of net debit caps and daylight overdraft fees (as well as exemption from such caps and fees) within any FRA policy or regulation governing payment system or intraday credit. (Sec. 119) Amends the Federal Home Loan Bank Act (FHLBA) to: (1) repeal the requirement of Board approval for certain internal bank management practices; (2) provide that a Federal Home Loan Bank (FHLB) shall not be required to submit budget, business, or strategic plans to its board of directors for approval; and (3) revise guidelines for secured advances to FHLB members to include federally insured or guaranteed mortgages as collateral eligible for such advances. Title II: Streamlining Activities of Institutions - Amends the HOLA to permit community development investments for the primary purpose of promoting the public welfare, including housing, services, and jobs for low- and moderate-income communities. (Sec. 202) Amends the FDIA to repeal the restriction on the interest rate paid by an adequately- but not well-capitalized insured depository institution, or by an insured depository institution in conservatorship, that accepts deposits from a deposit broker. Applies the prohibition on deposit solicitation to adequately- but not well-capitalized insured depository institutions and insured depository institutions in conservatorship. (Sec. 203) Amends the FRA to terminate the power of the Board to set lending limitations upon member banks' extension of loans that are collateralized by stocks and bonds (thus eliminating the Board's duty to prevent undue use of bank loans for the speculative carrying of securities). (Sec. 204) Amends the Bank Holding Company Act Amendments of 1970 to repeal the prohibition against certain bank tying arrangements in connection with credit, leasing, or property sales transactions. (Sec. 205) Amends the BHCA to permit certain banks and bank holding companies to extend credit card accounts for business purposes, including the issuance of such accounts to small businesses. (Sec. 206) Makes it lawful for a real estate settlement services provider, upon clear disclosure to the consumer, to make payments to an unrelated affinity group in exchange for its endorsement of such provider's services or products. (Sec. 207) Amends the Fair Debt Collection Practices Act to exempt from its coverage: (1) communications involving legal proceedings or made to collect loans under the Higher Education Act of 1965; and (2) bank drafts payable on demand and signed by the maker. (Sec. 208) Amends BHCA to exempt from treatment as a bank holding company any company that acquires control from the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision of more than five percent of the shares of an undercapitalized bank, savings association, or other insured institution. (Sec. 209) Revises HOLA guidelines governing reorganization by a mutual savings association into a holding company. (Sec. 210) Mandates that the Federal banking agencies work jointly to develop: (1) electronic filing and public dissemination of depository institution status reports (call reports); and (2) uniform formats as well as simplified filing instructions for such reports. Title III: Streamlining Agency Actions - Amends the Resolution Trust Corporation Completion Act to reduce from four to two times a year the frequency of scheduled meetings of the Affordable Housing Advisory Board. (Sec. 302) Amends the FDIA to: (1) repeal the mandate for Federal banking agencies to jointly develop a method for supplemental disclosures in various required Federal filings of the estimated fair market value of depository institution assets and liabilities; (2) authorize the Federal Deposit Insurance Corporation (FDIC) to establish the interest rate for or make postinsolvency interest payments to creditors holding proven claims against the receivership estates of insured Federal or State depository institutions following satisfaction by the receiver of the principal amount of all creditor claims; and (3) repeal the mandate that Federal banking agencies file annual reports with certain congressional banking committees regarding differing accounting and capital standards used by other agencies. (Sec. 305) Requires the responsible agency, in its review of competitive factors in bank merger filings, to request a report from the Attorney General only (currently, from the Attorney General and the other Federal banking agencies). Amends the BHCA and the FDIA to require the Board and the responsible agency, respectively, before disapproving a bank merger transaction on the grounds of disproportionate anticompetitive effects, to consider specified criteria concerning competitive effects. (Sec. 306) Terminates the Thrift Depositor Protection Oversight Board. Title IV: Disclosure Simplification - Amends the Truth in Lending Act (TILA) disclosure requirements for open end consumer credit plans to permit, as an alternative to the currently required table illustration, a statement at the option of the creditor that periodic payments may increase or decrease substantially. (Sec. 402) Amends specified consumer protection disclosure requirements for advertisements for credit other than open end plans. Sets forth requirements for alternative compliance methods for advertising credit terms. Title V: Miscellaneous - Revises the positions of Board members on the Executive Schedule. (Sec. 502) Prescribes enrollment guidelines for certain enrollees in health plans administered by the Federal banking agencies. (Sec. 503) Amends the FHLBA to eliminate the position of consumer representative from mandatory membership on the board of directors of the Federal Housing Finance Board. Title VI: Technical Corrections - Makes technical corrections to related Acts. (Sec. 603) Amends Federal banking law to: (1) authorize the Comptroller of the Currency to waive the citizenship requirement for a minority of the total number of directors sitting on the board of a national bank; (2) declare it is unlawful for the Comptroller to hold an interest in any national bank; and (3) repeal specified capital and surplus requirements for national banking associations. (Sec. 604) Amends the International Bank Act of 1978 to modify examination requirements pertaining to establishment and operation by a foreign bank of Federal branches and agencies.
United States · United States Congress · 7 November 1997
Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete. Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers.
United States · United States Congress · 6 November 1997
Cuban Women and Children Humanitarian Relief Act - Declares that it should be U.S. policy to permit the sale and export of food, medicines, and medical equipment to the Cuban people. Authorizes the President to permit the sale and export of such items to Cuba. Requires the President to notify the Congress and the public of any decision to permit the sale and export of such items.
United States · United States Congress · 29 October 1997
State Environmental Audit Protection Act - Amends Federal law to allow State laws to provide that: (1) voluntary environmental audit reports shall not be subject to discovery under Federal, State, or local law or be admissible as evidence in Federal, State, or local judicial actions or administrative proceedings; (2) individuals performing such audits shall not be required to give testimony in such actions or proceedings; and (3) an entity that promptly discloses information about noncompliance with specified Federal environmental and other laws (covered laws) that is discovered through an audit or compliance management system may be protected from an enforcement action in such actions or proceedings. Makes protections from discovery or testimony inapplicable to information that is otherwise required to be disclosed under law. Makes protection unavailable with respect to noncompliance with a covered Federal law that is not discovered voluntarily or that is the result of a willful and knowing violation or gross negligence by the entity disclosing the information. Bars Federal agencies from: (1) refusing to delegate enforcement authority under a covered Federal law to a State or local agency or to approve a State or local program under such a law because the State has a voluntary environmental audit incentive law in effect; (2) making a permit, contract, or settlement agreement contingent on a person waiving any protection under such State law; or (3) taking any other action that has the effect of requiring a State to rescind or limit any protection of such law. Requires States to report annually to the appropriate Federal agencies on the performance of such laws in order for the protections to apply. Amends the Small Business Act to expand the duties of small business development centers to include assisting small businesses in complying with requirements necessary to receive protections provided by State voluntary environmental audit incentive laws.
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
Interstate Distribution of State-Inspected Meat Act of 1997 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to permit the interstate distribution of State-inspected meat and poultry where State inspection requirements are at least equal to Federal requirements.
United States · United States Congress · 7 October 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 30 September 1997
Safety Advancement for Employees Act of 1997 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to review the draft final standard and the scientific literature, and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection procedures. Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 9) Establishes the use of alternative safe methods as an affirmative defense for employers. Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Reduces the types of violations of posting or paperwork requirements for which an employer may be assessed a civil penalty. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 15) Sets forth consultation alternatives to issuance of citations.
United States · United States Congress · 23 September 1997
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
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 · 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
Calls for: (1) the President to demand that the Government of Russia take actions to stop governmental and nongovernmental entities in the Russian Federation from providing missile technology and technical advice to Iran in violation of the Missile Technology Control Regime; (2) the United States, if Russia's response is inadequate, to impose sanctions on the responsible Russian entities in accordance with Executive Order 12938 on the Proliferation of Weapons of Mass Destruction and to reassess cooperative activities with Russia; (3) raising the threshold under current law allowing for the waiver of the prohibition on the release of foreign assistance to Russia; and (4) encouragement of our European allies to take steps to stop such proliferation.
United States · United States Congress · 29 July 1997
Ozone and Particulate Matter Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency to: (1) request the National Academy of Sciences to convene an independent panel of scientists with expertise on the health effects of air pollution to establish priorities for research on the health effects of particulate matter; and (2) report the panel's recommendations to the Congress. Requires the President to establish the Particulate Matter Interagency Committee to develop recommendations for, and periodically evaluate, a program to coordinate the activities of Federal agencies engaged in research on health effects of particulate matter that ensures that such research advances the prioritized agenda of the panel. Directs the Administrator to: (1) review the air quality criteria and standards under the Clean Air Act for ozone and particulate matter; and (2) determine whether to retain or revise such standards and criteria or promulgate new ones. Authorizes the Administrator to require State implementation plans under such Act to require ambient air quality monitoring for fine particulate matter. Provides for grants to States to carry out such monitoring. Reinstates the national ambient air quality standards for ozone and particulate matter in effect on July 15, 1997. Bars revision of such standards until the Administrator's scientific review under this Act is completed. Directs the National Institutes of Health to begin a research program to study the health effects of allergens on asthmatics, particularly in inner city areas. Authorizes appropriations.
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Demand for Quality Child Care Subtitle A: Tax Benefits for Quality Child Care Subtitle B: Child Care Quality Improvement Incentive Program Subtitle C: Distribution of Information About Quality Child Care Subtitle D: Quality Child Care Through Federal Facilities and Programs Subtitle E: Miscellaneous Provisions Creating Improved Delivery of Child Care: Affordable, Reliable, and Educational Act - CIDCARE Act - Title I: Demand for Quality Child Care - Amends the Internal Revenue Code to modify the amount of the dependent care tax credit. Defines "accredited child care center," "child care credentialing or accreditation entity," and "credentialed child care professional." Makes the credit refundable for taxpayers eligible for the earned income credit. Requires an employer to make advance payments (with wage withholding payments) of dependent care amounts. (Sec. 102) Increases the dollar limits on the exclusion from employee gross income of employer payments for dependent care assistance. Includes in the definition of "dependent care assistance" payments to the employee from amounts contributed to the employee's account during the pregnancy paid within one year after contribution and while the employee, the employee's spouse, or one of their parents stays at home to care for a qualifying individual. Requires the Office of Personnel Management to establish and maintain a dependent care assistance program for employees. (Sec. 103) Amends the Social Security Act to require States to have laws requiring that child support orders enforced under certain provisions include an amount for child care services. Title II: Supply of Quality Child Care - Subtitle A: Tax Benefits for Quality Child Care - Amends the Internal Revenue Code to allow a business credit for 50 percent (with a dollar limit) of qualified child care expenses, including the acquisition, construction, rehabilitation, or expansion of property, operating costs, services contracts, and accreditation costs. Terminates the credit after 1999. (Sec. 202) Applies provisions relating to corporate charitable contributions of scientific property used for research to include contributions to: (1) accredited or certified child care centers or their support entities; (2) educational organizations; (3) certain governmental units; and (4) certain scientific research organizations. Allows the donor to repair and refurbish the property. (Sec. 203) Excludes the deduction for the accreditation and credentialing expenses for child care providers from the two-percent floor on miscellaneous itemized deductions. (Sec. 204) Allows for the care of a dependent in a home office without loss of the home office deduction. Subtitle B: Child Care Quality Improvement Incentive Program - Establishes a program of competitive grants to States to improve child care quality. Requires recipient States to: (1) establish a subsidy for certified child care providers; (2) establish a grant program to assist small businesses in operating child care programs; and (3) carry out one or more of seven specified activities. Authorizes appropriations. Subtitle C: Distribution of Information About Quality Child Care - Requires technical assistance and the collection and dissemination of information concerning the importance of high quality child care. Mandates competitive grants to certain child care credentialing or accreditation entities, with the grants used to refine and evaluate the entities' procedures. Authorizes appropriations. (Sec. 222) Mandates a grant to an eligible organization to develop and operate a technology-based child care training infrastructure in order to facilitate accreditation, credentialing, and information dissemination. Regulates grantee fund use. Authorizes appropriations. (Sec. 223) Requires that grantee to establish and operate a child care training revolving fund to make loans to enable the purchase of equipment used to disseminate training through the infrastructure. Subtitle D: Quality Child Care Through Federal Facilities and Programs - Mandates regulations: (1) requiring any child care center in an executive, legislative, or judicial facility to comply with State and local licensing requirements; and (2) specifying accreditation standards and requiring any such center to comply. Provides for enforcement. Authorizes appropriations. (Sec. 232) Requires the Corporation for National and Community Service and the Departments of Education, Housing and Urban Development, Justice, and Labor to ensure that any child care made available under any Federal financial assistance carried out by those agencies be provided by an accredited child care center or a credentialed child care professional. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to impose similar requirements on child care services made available under certain provisions. (Sec. 233) Amends the Housing and Community Development Act of 1974 to include the establishment of accredited child care centers in activities permitted to be assisted under community development provisions. Subtitle E: Miscellaneous Provisions - Amends the Higher Education Act of 1965 to allow loan repayments or cancellation for individuals employed providing child care services who have a certificate or degree in early childhood education or development. (Sec. 242) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require that each State case registry record include the custodial status of any child covered by the order involved. Requires that the Secretary of the Treasury have access to: (1) the National Directory of New Hires to verify information that is required on a tax return (currently, to verify a claim regarding employment in a tax return); and (2) the Federal Case Registry of Child Support Orders to administer Internal Revenue Code provisions granting tax benefits based on support and residence provided dependent children. Limits the minimum past due support to which offset procedures may be applied to not more than $150. Sets the withholding threshold at $150 (currently, $500).
United States · United States Congress · 10 July 1997
Directs each Federal agency, before implementing policies and regulations that may affect family well-being, to assess such actions with respect to specified criteria. Requires each agency to: (1) submit a written certification to the Director of the Office of Management and Budget (OMB) and to the Congress that such policy or regulation has been assessed in accordance with this Act; and (2) provide adequate rationale for implementation of each policy or regulation that may negatively affect family well-being. Directs OMB to: (1) ensure that policies and regulations proposed by agencies are implemented consistent with this Act; and (2) compile, index, and submit annually to the Congress the written certifications received. Directs the White House Office of Policy Development to: (1) assess proposed policies and regulations in accordance with this Act; (2) provide evaluations of such policies and regulations to OMB; and (3) advise the President on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in the United States. Requires an agency to conduct an assessment of a proposed policy or regulation in accordance with this Act upon request by a Member of Congress.
United States · United States Congress · 27 June 1997
Regulatory Improvement Act of 1997 - Provides for the analysis of major regulatory rules by Federal agencies. Sets forth provisions regarding: (1) principles for risk assessments; (2) peer review; (3) deadlines for rule making; (4) judicial review; and (5) guidelines, interagency coordination, and research. Mandates a comparative risk analysis study. Requires certain agency heads to establish advisory committees for the review of rules. Directs the: (1) President to establish a process for the review and coordination of Federal agency regulatory actions; and (2) Director of the Office of Management and Budget to establish procedures for public and agency access to information concerning regulatory review actions.
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 · 23 May 1997
Directs the Secretary of the Interior to transfer specified land in Wyoming to two named individuals to correct an error in the patent issued to their predecessors in interest in 1910.
United States · United States Congress · 22 May 1997
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Miscellaneous Omnibus Property Rights Act of 1997 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required. Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. Title V: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 20 May 1997
Domestic Oil and Gas Preservation Act - Amends the Internal Revenue Code to allow an election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account. Repeals provisions relating to a limitation regarding the percentage depletion in the case of oil and gas wells. Allows an election to treat delay rental payments (amounts paid for the privilege of deferring development of an oil or gas well) incurred in connection with the development of domestic oil or gas as payments that are not chargeable to capital account, allowing any payments so treated as a deduction. Requires, in the case of a tax shelter, treating economic performance regarding amounts paid during the taxable year for drilling an oil or gas well as having occurred within a taxable year if drilling commences before the close of the 180th (currently, the 90th) day after the close of the taxable year. Amends provisions relating to an enhanced oil recovery credit to include hydro injection in the definition of "qualified enhanced oil recovery project."
United States · United States Congress · 20 May 1997
Safety and Health Advancement Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to conduct an independent review of the draft final standard and the scientific literature and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Establishes the use of alternative safe methods as an affirmative defense for employers. (Sec. 9) Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request and for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 14) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.
United States · United States Congress · 8 May 1997
Makes retroactive from specified dates the entitlement of three named Medal of Honor recipients to the special monthly pension provided to Medal recipients whose names have been entered and recorded on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. Directs the Secretary of Veterans Affairs to pay to the next of kin any accrued pension due to any such individual who died before receiving full payment.
United States · United States Congress · 8 May 1997
Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) State responsibilities and cooperation between Federal and State authorities.
United States · United States Congress · 8 May 1997
Alternative Minimum Tax Reform Act of 1997 - Amends the Internal Revenue Code to provide, with respect to the method of depreciation used for businesses to determine the alternative minimum tax, for the use of the regularly used method of depreciation. Revises the method for recovering long-term unused credits against such tax.
United States · United States Congress · 7 May 1997
TABLE OF CONTENTS: Title I: Amendments to the Individuals with Disabilities Education Act Title II: Miscellaneous Provisions Individuals with Disabilities Education Act Amendments of 1997 - Title I: Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to revise its provisions and extend through FY 2002 the authorization of appropriations for IDEA programs. Allows States to extend use of the developmental delay category of eligibility for children up to age nine (under a new part A of IDEA). Revises the program of assistance for education of all children with disabilities (under a new part B of IDEA). Revises the funding formula for allotments to States. Provides for increases in allotments over a transition period of FY 1998 through 2006. Bases the new formula on a State's: (1) child population; and (2) child poverty. Authorizes appropriations. Sets forth State eligibility requirements for placement of students. Requires States to use methods of distributing IDEA funds that ensure compliance with such requirements. Allows a public agency to reduce or deny reimbursement to parents of a child placed in a private school without the public agency's consent or referral if: (1) the parents (with specified exceptions) did not notify the agency of the intended placement, with a written statement of their concerns, at least ten days before the child's removal from public school; (2) the parents did not make the child available for a local educational agency (LEA) initial assessment and evaluation before the child's removal from public school and enrollment in private school; or (3) it is so ruled at the judge's discretion. Allows an LEA to reduce its level of special education expenditures under specified limited circumstances. Allows commingling of Federal and State special education funds under certain circumstances. Authorizes the Secretary of Education to modify certain LEA requirements for ten designated LEAs or groups of LEAs which endeavor to achieve innovative delivery of services. Revises provisions for evaluations, reevaluations, eligibilty determinations, individualized education programs (IEPs), and educational placements. Grants parents a right to refuse an initial evaluation of a referred child's need for special education services. Authorizes the LEA, in such a circumstance, to utilize certain mediation and due process procedures to resolve the dispute. Prohibits construing the parents' consent for a child's evaluation as consent for placement for receipt of special education and related services. Requires, in the cases of children whose behavior impedes their own or others' learning, the IEP Team to consider strategies, including behavioral management plans, to address that behavior. Includes the following categories of behavior, at school or a school function, among those for which school personnel may order removal of a child with a disability from the classroom, and placement in an alternative educational setting, for an additional 45 days over the regular ten-day limit for such a removal: (1) carrying any weapons (current law only covers firearms); (2) having, using, soliciting sale of, or selling medications or illegal drugs; and (3) causing serious physical or emotional injury as a result of physical or verbal assault. Authorizes a hearing officer to order such a change of placement for up to 45 days if there is substantial evidence that maintenance of the current placement is substantially likely to result in injury to the child or to others. Requires an IEP Team to review whether the child's inappropriate action was a manifestation of the disability, including review of the technical soundness of the behavior management plan. Allows change of placement, with the parents' agreement, if the behavior is a result of the disability. Provides for an immediate appeal to the hearing officer if the parents disagree with the determination or the changed educational placement. Allows application to children with disabilities of the same relevant disciplinary procedures applicable to children without disabilities, if the behavior is determined to be not a manifestation of the disability. Allows a due process hearing if the parents disagree with such application of discipline. Requires States and LEAs receiving IDEA assistance to offer parents voluntary mediation procedures for disputes over provision of free appropriate public education to children with disabilities. Requires all parties in a dispute to disclose, for review, to all other parties evaluations and recommendations intended for use at the hearing. Revises the program for infants and toddlers with disabilities (under a new part C of IDEA), repealing a requirement that all State policies and assurances pertaining to programs for infants and toddlers with disabilities be filed with every application to the Department of Education. Continues provisions for a Federal Interagency Coordinating Council. Authorizes appropriations for FY 1998 through 2002. Provides for national activities to improve education of children with disabilities (under a new part D of IDEA), replacing current provisions for training personnel for the education of individuals with disabilities, and consolidating as discretionary programs certain current programs. Sets forth part D provisions for such programs under the following categories (as subparts 1 and 2): (1) State Program Improvement Grants for Children with Disabilities; and (2) Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Information. Includes under such subpart 2 provisions for Improving Early Intervention, Educational, and Transitional Services and Results for Children with Disabilities through Coordinated: 1) chapter 1 Research and Personnel Preparation; and (2) chapter 2 Technical Assistance, Support, and Dissemination of Information. Authorizes appropriations for such part D programs for FY 1998 through 2002. Authorizes State educational agencies to apply for improvement grants upon certification that a collaborative process with specified types of participants has been used in developing the State improvement plan for special education and early intervention systems. Directs the Secretary to develop and implement a comprehensive plan for activities involving coordinated research and personnel preparation, and technical assistance, support, and dissemination of information under IDEA. Requires such plan to include mechanisms to address educational, related services, transitional, and early intervention needs identified by State educational agencies in applications for State program improvement grants. Directs the Secretary to ensure that a specified portion of funds is used to: (1) provide outreach and technical assistance to Historically Black Colleges and Universities, and to institutions of higher education with minority enrollments of at least 25 percent, to promote the participation of such colleges, universities, and institutions in such research, personnel preparation, support, technical assistance, and information dissemination activities under IDEA; and (2) enable such entities to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities. Authorizes the Secretary to make grants and contracts for: (1) coordinated research and innovation; (2) studies and evaluations; and (3) various activities of national significance relating to development of personnel to work with children with disabilities, including professional development for personnel who will provide educational and related services to children with low-incidence disabilities, and personnel who will provide early intervention services to infants and toddlers with disabilities, as well as preparation of leadership personnel. Authorizes the Secretary to make grants to and contracts with parent organizations to support parent training and information centers, including community parent resource centers, as well as provide technical assistance for such centers' programs. Directs the Secretary to make competitive grants and contracts for: (1) coordinated technical assistance and dissemination; and (2) technology development, demonstration, and utilization, and media services. Title II: Miscellaneous Provisions - Amends the Elementary and Secondary Education Act of 1965 to provide for coordination of schoolwide programs with those under IDEA. (Sec. 203) Repeals specified parts of IDEA superseded by this Act.
United States · United States Congress · 7 May 1997
Establishes a Joint United States-Canada Commission on Cattle and Beef to identify, and recommend means of resolving, national, regional, and provincial trade-distorting differences between the United States and Canada with respect to the production, processing, and sale of cattle and beef, with particular emphasis on: (1) animal health requirements; (2) transportation differences; (3) the availability of feed grains; and (4) other market-distorting direct and indirect subsidies. Requires the Commission to report to the Congress and the Government of Canada.
United States · United States Congress · 7 May 1997
Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. (Sec. 5) Directs each Federal agency to complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. (Sec. 6) Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. (Sec. 7) Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the U.S. District Court in which the property at issue is located or in the U.S. Court of Federal Claims (currently), regardless of the amount in controversy; and (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. (Sec. 8) Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. (Sec. 9) Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
United States · United States Congress · 1 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 25 April 1997
Volunteer Firefighter and Rescue Squad Worker Act - Amends the Fair Labor Standards Act of 1938 to exclude from coverage any employee fire fighters or rescue squad members during the period in which they volunteer their services at a location where they are not employed. Waives overtime compensation requirements when fire fighters or rescue squad members volunteer their services to their employer and sign a legally binding waiver. Prohibits employers from requiring or coercing such volunteer services.
United States · United States Congress · 24 April 1997
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1997 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for: (1) commercial loss actions; (2) civil negligent entrustment actions; and (3) any dramshop or third-party liability actions arising from the sale or provision of alcohol to intoxicated persons or minors. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the defendant proves that the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or co-employee if the employer or co-employee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Regulates punitive damage amounts. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Excludes from the term "claimant," for this title, anyone who alleges harm caused by a silicone gel breast implant. (Sec. 204) Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 22 April 1997
Public Utility Holding Company Act of 1997 - Repeals the Public Utility Holding Company Act of 1935. Prescribes procedural guidelines for both Federal Energy Regulatory Commission (FERC) and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
United States · United States Congress · 17 April 1997
Open Competition Act of 1997 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
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