United States · United States Congress · 5 June 1997
TABLE OF CONTENTS: Title I: Treatment of Passive Foreign Investment Companies Title II: Treatment of Controlled Foreign Corporations Title III: Other Provisions International Tax Simplification for American Competitiveness Act - Title I: Treatment of Passive Foreign Investment Companies - Amends the Internal Revenue Code to exempt U.S. shareholders of a controlled foreign corporation (CFC) from passive foreign investment company (PFIC) inclusion. (Sec. 102) Allows a U.S shareholder of a PFIC to elect to include the difference between such stock's fair market value and adjusted basis as income, or the difference between adjusted basis and fair market value or unreversed inclusions as a deduction. (Sec. 103) Modifies the definition of "passive income." Title II: Treatment of Controlled Foreign Corporations - Amends the Code to treat the gain on certain CFC stock sales as dividends. (Sec. 203) Revises specified indirect (deemed taxes paid) foreign tax credit provisions. (Sec. 204) Excludes certain active finance-related income from inclusion as foreign personal holding company income. (Sec. 205) Applies, for foreign tax credit purposes, income category "look-through" rules to dividends earned by certain noncontrolled U.S.-foreign corporations providing specified information. Applies a single foreign tax credit limitation where such information is not provided. (Sec. 206) Directs the Secretary of the Treasury to conduct a study on the feasibility of treating all European Union countries as one country for purposes of certain same-country exceptions with respect to controlled foreign corporations. (Sec. 207) Increases the amount of income used to determine the taxability of foreign base company income or insurance income with respect to CFCs. (Sec. 208) Permits use of U.S. generally accepted accounting principles with respect to CFCs. (Sec. 209) Excludes income from the transportation of oil or gas within a foreign country from the definition of "foreign base company oil related income." (Sec. 210) Provides a deduction for dividends received from certain foreign corporations. Applies constructive ownership provisions to certain foreign ownership requirements with respect to post-1986 undistributed U.S. earnings. Title III: Other Provisions - Amends the Code with respect to certain foreign tax credit determinations to provide that accrued taxes shall be translated into dollars by using the average exchange rate for the year to which such taxes relate. (Sec. 302) Allows a taxpayer to elect a specified alternative minimum foreign tax credit limitation. (Sec. 303) Provides for recognition of taxable gain with respect to certain property transfers by a U.S. person to a foreign corporation. (Sec. 306) Applies uniform capitalization rules to foreign taxpayers with respect to income connected with the conduct of a U.S. trade or business. (Sec. 307) Extends the excess foreign tax carryover or carryback period. (Sec. 308) Provides for recharacterization of overall domestic loss by treating certain U.S. source income as non-U.S. source income. (Sec. 309) Includes computer software within the category of foreign sales corporation property. Eliminates the special 50 percent rule relating to foreign sales corporation transactions of military property. (Sec. 310) Provides special rules with respect to financial services income and interest. (Sec. 311) Excludes from consideration as U.S. property certain assets acquired by securities or commodities dealers. (Sec. 312) Exempts from taxation certain regulated investment company dividends received by nonresident aliens. Treats certain regulated investment company stock owned by nonresident noncitizens as non-U.S.property for estate tax purposes. (Sec. 313) Excludes nonenforceable preliminary agreements from the definition of "intangible property." (Sec. 314) Directs the Secretary of the Treasury to conduct a study of the interest allocation rules.
United States · United States Congress · 23 May 1997
Investment Competitiveness Act of 1997 - Amends the Internal Revenue Code to exempt interest-related dividends and short-term capital gain dividends received from a regulated investment company from the 30 percent tax on the income of nonresident aliens and foreign corporations not connected with a U.S. business, subject to exception. Revises provisions concerning: (1) the estate tax treatment of stock in certain regulated investment companies owned by a nonresident; and (2) the distribution of U.S. property by a qualified investment entity (currently, a real estate investment trust).
United States · United States Congress · 23 May 1997
Expresses the sense of the Senate that it should be U.S. policy to support the admission of Taiwan to membership in the International Monetary Fund, the International Bank for Reconstruction and Development, and all appropriate regional multilateral economic institutions.
United States · United States Congress · 23 May 1997
Expresses the sense of the Congress that Estonia, Latvia, and Lithuania should be invited to: (1) become full NATO members at the earliest possible date upon satisfying NATO membership criteria; and (2) attend the NATO summit in Madrid on July 8 and 9, 1997.
United States · United States Congress · 15 May 1997
Missing Persons Authorities Improvement Act of 1997 - Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 8 May 1997
First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.
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 · 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 · 23 April 1997
Mount St. Helens National Volcanic Monument Completion Act - Revises existing law to require the Secretary of the Interior to acquire, by exchange, the mineral and geothermal interests of each holder (the Burlington Northern, Incorporated or the Weyerhaeuser Company) in the Mount St. Helens National Volcanic Monument in the State of Washington: (1) within 180 days after enactment of this Act; or (2) as soon as practicable after the U.S. Court of Federal Claims determines the value of the interests to be conveyed by the holder if the Court is petitioned because of the Secretary's failure to make such determination within 120 days after the enactment of this Act or the holder disagrees with the Secretary's valuation (by specified methods) of the mineral and geothermal interests. Sets forth requirements and administrative procedures for such exchange, including issuance of monetary credits to a holder for payment of not more than 50 percent of: (1) the bonus or other payments made by successful bidders in any sales of mineral, oil, gas, or geothermal leases under the Mineral Leasing Act, the Outer Continental Shelf Lands Act, or the Geothermal Steam Act of 1970; or (2) any royalty, rental, or advance royalty payment made to the United States to maintain any mineral, oil or gas, or geothermal lease issued under such Acts.
United States · United States Congress · 22 April 1997
Auto Choice Reform Act of 1997 - Affords a person the right to choose between: (1) a personal protection system (personal system) providing insurance for that person and any resident relative or dependent; and (2) a tort maintenance system (tort system) providing for the form of motor vehicle insurance otherwise required in the State in which the person is insured. Sets forth personal system minimum requirements, including regarding waiver of certain tort rights. Supersedes State laws inconsistent with this Act. Sets forth tort system minimum requirements, allowing State laws (not inconsistent with this Act) regarding uninsured or underinsured motorist coverage. Provides for: (1) the effect of a person's choice on resident relatives and dependents; (2) underwriting rules to encourage choice uniformity within a household; and (3) the failure of a person to choose. Requires States to maintain a program to inform consumers (comparing the two systems) about costs, benefits, rights, and obligations. (Sec. 6) Requires that a person who chooses: (1) a tort system and is involved in an accident be subject to tort law for injury except that, based on fault, the person may claim against (and be claimed against by) a personal system person only for uncompensated economic loss; and (2) a personal system be compensated only for economic loss, without regard to fault. Provides for the handling of accidents involving: (1) persons with personal protection and unlawfully uninsured persons; and (2) motorists under the influence of alcohol or illegal drugs or engaging in intentional misconduct. (Sec. 8) Declares that this Act does not apply to a State if: (1) the State so elects; or (2) the State finds that average premiums will not be reduced by at least 30 percent for persons choosing the personal system.
United States · United States Congress · 22 April 1997
Filipino Veterans Equity Act of 1997- Amends Federal veterans' benefits provisions to include certain service in the organized military forces of the Philippines and service as Philippine Scouts within the definition of active U.S. military service for purposes of eligibility for various veterans' benefits for former active-duty military personnel.
United States · United States Congress · 17 April 1997
Women's Investment and Savings Equity Act of 1997 - Amends the Internal Revenue Code with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in a plan is not treated as participation by the individual's spouse. Permits retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."
United States · United States Congress · 16 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to publicly affirm as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict U.S. law on this subject.
United States · United States Congress · 9 April 1997
Farm Independence Act of 1997 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude net earnings from a lease agreement (currently, an arrangement) from income with respect to farmland.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 20 March 1997
Cellular Telephone Protection Act - Amends the Federal criminal code to penalize those who use, produce, traffic in, have control or custody of, or possess hardware or software that may be used for modifying or copying an electronic serial number. Provides increased penalties for a second or recurrent offense for fraudulent activities involving counterfeit communications access devices. Provides that such penalties shall not prohibit any telecommunications carrier engaged in protecting its property or rights from sending through commerce any otherwise unlawful: (1) device-making equipment, scanning receiver, or access device; or (2) hardware or software used for modifying or altering an electronic serial number or altering or modifying a telecommunications instrument so that the instrument may be used to obtain unauthorized access to telecommunications services.
United States · United States Congress · 19 March 1997
Internet Gambling Prohibition Act of 1997 - Amends the Federal criminal code to provide penalties against any person who, while engaged in the business of betting or wagering, knowingly uses a communication facility for the transmission or receipt in interstate or foreign commerce of bets or wagers, information assisting in the placing of bets or wagers, or a communication that entitles the transmitter or receiver to receive money or credit as a result of bets or wagers. Provides a smaller penalty for those engaging in such activities who are not in the business of betting or wagering. Provides prohibition exceptions. Authorizes the Federal Communications Commission to enforce against interstate computer service providers regulations prohibiting the interstate or foreign transmission of gambling information. Authorizes injunctive relief against such carriers or providers. Expresses the sense of the Senate that the Federal Government should have extraterritorial jurisdiction over the transmission to or receipt from the United States of gambling information as well as any communication that entitles the transmitter or recipient to receive money or credit as a result of bets or wagers. Requires a report from the Attorney General to the Congress concerning the enforcement of such gambling regulations and related recommendations and information.
United States · United States Congress · 18 March 1997
Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.
United States · United States Congress · 12 March 1997
Ninth Circuit Court of Appeals Reorganization Act of 1997 - Divides the current U.S. Court of Appeals for the ninth circuit into the following two circuits: (1) the ninth circuit composed of Arizona, California, Hawaii, Nevada, Guam, and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the twelfth circuit, composed of Alaska, Idaho, Montana, Oregon, and Washington, consisting of seven judges, and holding regular sessions in Portland and Seattle. Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment.
United States · United States Congress · 10 March 1997
TABLE OF CONTENTS: Title I: Amendments to the Shipping Act of 1984 Title II: Transfer of Functions of the Federal Maritime Commission to the Intermodal Transportation Board Title III: Amendments to Other Shipping and Maritime Laws Ocean Shipping Reform Act of 1997 - Title I: Amendments to the Shipping Act of 1984 - Amends the Shipping Act of 1984 (the Act) to include as one of its purposes to promote the growth and development of U.S. exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace. (Sec. 102) Redefines the term "deferred rebate" with respect to common carriers and shippers to make its payment conditional upon the shipper's agreeing to make a further shipment with that or any other common carrier. Includes "deferred rebate arrangements" within the scope of "loyalty contracts". Redefines "ocean freight forwarder", "service contract", and "shipper". (Sec. 103) Revises the scope of the Act, with respect to certain agreements by or among ocean common carriers, to: (1) exclude from coverage agreements among ocean common carriers to engage in exclusive, preferential, or cooperative working arrangements with non-vessel-operating common carriers; and (2) cover agreements to discuss and agree upon any matter related to service contracts. Repeals coverage of ocean common carrier agreements to regulate or prohibit the use of service contracts. (Sec. 104) Reduces from ten days to five days the deadline for a member of a shipping conference to give notice of independent action on a rate or service item. Requires shipping conference agreements to prohibit the conference from restricting members from negotiating individual service contracts, and from requiring disclosure of confidential individual service contracts. Permits a conference to issue voluntary guidelines for the terms and procedures of such contracts, but not mandate rules. (Sec. 105) Declares that the Act does not extend antitrust immunity to loyalty contracts (a contract with an ocean common carrier or conference, other than a service contract or contract based upon time-volume rates, in which a shipper obtains lower rates by committing all or a fixed portion of its cargo to that carrier or conference). (Sec. 106) Repeals the requirement that a common carrier or conference file tariffs with the Intermodal Transportation Board (ITB) (currently FMC) and changed by title II of this Act), replacing it with a requirement that it keep tariffs open to public inspection in an automated tariff system. Excludes new assembled motor vehicles, among other currently specified items, from this requirement. Mandates that tariffs be made available electronically to the public for inspection, for a reasonable charge but without time, quantity, or other limitation. Revises provisions regarding: (1) service contracts between individual ocean common carriers or among several ocean common carriers and one or more shippers (stating that they are not required to be filed with the ITB); (2) publication of tariff rates and marine terminal operator schedules; and (3) automated tariff systems. (Sec. 107) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal its automated tariff filing and information system requirements. (Sec. 108) Amends the Act to revise requirements for ITB determination of the unjustness and unreasonableness of controlled carrier rates. Changes the ITB's authority to disapprove unjust and unreasonable rates to authority to prohibit them. (Sec. 109) Revises the enumeration of prohibited acts by common carriers with respect to the provision of ocean transportation services. Repeals prohibitions against: (1) charging compensation for transportation service different from that shown in published tariffs or service contracts; (2) rebating portions of rates except in accordance with tariffs or service contracts; and (3) extending or denying privileges, concessions, equipment, or facilities except in accordance with tariffs or service contracts; and (4) using a loyalty contract, except in conformity with antitrust laws. Prohibits providing service in the liner trade that is not in accordance with rates contained in a published tariff or service contract, or that is under a suspended tariff or service contract. Substitutes "ocean freight forwarder" for "non-vessel-operating common carrier" with respect to the prohibition against common carriers' knowingly accepting or transporting cargo that does not have a tariff and a bond. (Sec. 111) Amends the Foreign Shipping Practices Act of 1988 to substitute "ocean freight forwarder" for "non-vessel-operating common carrier" with respect to the scope of such Act. (Sec. 112) Amends the Act to authorize the ITB to subpoena individual service contracts regarding transportation services in ITB investigations and adjudicatory proceedings. (Sec. 113) States that the penalty imposed on a common carrier for violations of the Act shall constitute a lien upon the carrier's vessels. Authorizes the ITB to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 116) Repeals a provision of the Act: (1) requiring the ITB to report to the Congress and specified Federal agencies with respect to the impact of the Act on the international ocean shipping industry; and (2) establishing the Advisory Commission on Conferences in Ocean Shipping. (Sec. 117) Revises certain license and bond requirements with respect to ocean freight forwarders. Title II: Transfer of Functions of the Federal Maritime Commission to the Intermodal Transportation Board - Amends the ICC Termination Act of 1995 to change the name of the Surface Transportation Board to the Intermodal Transportation Board. (Sec. 201) Transfers all functions, powers, and duties vested in the FMC. Authorizes appropriations. Title III: Amendments to Other Shipping and Maritime Laws - Amends specified Federal maritime laws to make technical and conforming changes consistent with this Act.
United States · United States Congress · 5 March 1997
Provides for a specified increase in Federal judicial salaries. Amends the Federal judicial code to: (1) provide for annual judicial cost-of-living adjustments; and (2) base such adjustments upon the Federal General Schedule. Amends Federal law to repeal the requirement that the Congress must vote for judicial cost-of-living adjustments.
United States · United States Congress · 5 March 1997
Oroville-Tonasket Claim Settlement and Conveyance Act - Approves the Settlement Agreement between the U.S. Bureau of Reclamation and the Oroville-Tonasket Irrigation District. Authorizes the Secretary of the Interior to conduct all necessary and appropriate investigations, studies, and required Federal actions to implement the Agreement. Provides for consideration by the District to the United States and U.S. responsibilities under such Agreement. Authorizes the Secretary to convey to the District all U.S. rights and interest in District project irrigation works. Provides that the transfer of title shall not affect the timing or obligation amount of the Bonneville Power Administration for the repayment of Federal construction costs that the Secretary has determined to be beyond the ability of irrigators to pay. Directs the Secretary to retain title to the Wildlife Mitigation Facilities. Terminates certain prior contracts upon such conveyance. Continues the District's obligation to deliver water to Indian trust lands upon request. Provides liabilities of the District upon conveyance of the irrigation works. Terminates upon the completion of the transfer specified mandates imposed upon the irrigation works under prior reclamation laws. Deauthorizes upon completion of the transfer the Chief Joseph Dam Project of the Oroville-Tonasket Unit Extension, Washington.
United States · United States Congress · 3 March 1997
Mandates Information Act of 1997 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates.
United States · United States Congress · 27 February 1997
Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1997 - Prohibits the Secretary of Commerce (acting through the National Institute of Standards and Technology or otherwise) from promulgating or enforcing regulations, or otherwise adopting standards or carrying out policies: (1) that result in encryption standards intended for use by businesses or entities other than Federal computer systems; or (2) in a manner inconsistent with this Act, or that have the effect of imposing Government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities. (Sec. 5) Prohibits the Federal and State governments from: (1) restricting or regulating the interstate sale by any person of any product designed to provide encryption capabilities; or (2) requiring, as a condition of such a sale, that a decryption key, or access to a decryption key, be given to any other person (including a Federal agency or a private entity certified or approved by the Federal or a State government). Grants the Secretary exclusive authority to control exports of all computer hardware, software, and technology with encryption capabilities, except that which is specifically designed or modified for military use, including command, control, and intelligence applications. Requires only a general license (with limited exceptions) for the export or reexport of any: (1) computer software, including that with encryption capabilities, that is generally available, as is, and designed for installation by the purchaser, or (2) that is available on enactment of this Act or becomes legally available thereafter in the public domain (including on the Internet) or publicly available because it is generally accessible to the public in any form; or (3) computing device or computer hardware solely because it incorporates or employs in any form such computer software (including that with encryption capabilities). Directs the Secretary to authorize the export or reexport of computer software with encryption capabilities under a general license for nonmilitary end-uses in any country to which exports of software or hardware of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software and hardware will be diverted to a military end-use or an end-use supporting international or domestic terrorism, modified for military or terrorist end-use, including acts against the national security, public safety, or the integrity of the transportation, communications, or other essential systems of interstate commerce in the U.S., or reexported without requisite Federal authorization, or intentionally used to evade enforcement of U.S. law or taxation by the U.S. or by any State or local government. Requires that the publisher or manufacturer of computer software or hardware with encryption capabilities shall disclose (for reporting purposes only) within 30 days after export, to the Secretary such information regarding a program's or product's encryption capabilities as would be required for an individual license to export that program or product. Prohibits requiring or permitting the Secretary to impose any conditions or reporting requirements as a precondition to the exportation of any such product or program. (Sec. 6) Establishes an Information Security Board comprised of representatives of agencies within the Federal Government responsible for or involved in the formulation of information security policy, including export controls on products with information security features (including encryption) to: (1) provide a forum to foster communication and coordination between industry and the Federal Government; and (2) foster the aggregation and dissemination of general, nonproprietary, and nonconfidential developments in important information security technologies, including encryption. Requires that the Board shall regularly report such information to appropriate Federal agencies to keep law enforcement and national security agencies abreast of emerging technologies so they are able effectively to execute their responsibilities and cause such information (other than classified, proprietary, or confidential information) to be published from time to time and made available to the public. Directs the Secretary to establish quarterly meetings between the Board and representatives from the private sector with interest or expertise in information security, including cryptographers, engineers, and product managers. Permits the Board to meet at any time with one or more representatives of any person involved in the development, production, or distribution of encryption technology or of computing devices containing encryption technology. Declares that nothing in this Act may be construed to affect any law intended to prevent the: (1) distribution of descramblers and any other equipment for illegal interceptions of cable and satellite television signals; (2) illegal or unauthorized distribution or release of classified, confidential, or proprietary information; or (3) enforcement of Federal or State criminal law.
United States · United States Congress · 26 February 1997
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1997 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 103) Specifies that any individual who has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual meets one of the following conditions: (1) has a blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that the following conditions be met with respect to such individual: (1) the individual submit to the Secretary of Health and Human Services written medical documentation that the individual has an HIV infection; (2) a petition for payment be filed with the Secretary by or on behalf of such individual; and (3) that the Secretary determine that the claim meets the requirements of this Act. (Sec. 105) Specifies that any right under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. (Sec. 106) Prohibits the Secretary from making any payment with respect to any petition filed under this Act unless the petition is filed within three years after the enactment of this Act. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment from being considered income or resources in determining a class member's eligibility for, or the amount of: (1) medical assistance under the Medicaid program; or (2) benefits under the Supplemental Security Income program. Defines the terms: (1) "class member"; and (2) "settlement payment.
United States · United States Congress · 26 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers . States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if: (1 ) the claimant named or joined the biomaterials supplier; and (2) the court finds the claim to be without merit and frivolous.
United States · United States Congress · 26 February 1997
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to mandate a fine or imprisonment for any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
United States · United States Congress · 25 February 1997
Grand Staircase-Escalante Resource Protection Act - Requires the Grand Staircase-Escalante National Monument in Utah to be managed by the Secretary of the Interior as a special management area. Requires the Secretary to: (1) manage the resources within the Monument in accordance with the principles of multiple use and sustained yield (including recreation, range, timber, minerals, oil and gas, watershed, wildlife, fish, and natural scenic, scientific, and historical values), using principles of economic and ecologic sustainability; (2) provide for protection, interpretation, and responsible use of Monument resources; (3) manage such resources in a way that provides for economic sustainability of local communities; and (4) delegate authority to manage the Monument to the Director of the Bureau of Land Management (BLM). Makes the BLM the lead agency in all management decisions concerning the Monument. (Sec. 5) Requires the Secretary to: (1) recognize and give due deference to the exercise of any valid existing right, lease, permit, or authorization under any law with respect to the designation of the Monument; and (2) provide compensation for any such right determined to be taken as a result of the designation. Requires the Secretary to permit routine maintenance and improvement of roads and rights-of-way within Monument boundaries to ensure public safety and a high-quality visitor experience. (Sec. 6) Provides that grazing of livestock within the Monument shall continue and not be curtailed by reason of designation of the Monument. Sets forth provisions governing water rights. (Sec. 9) Requires the Secretary to: (1) submit a management plan to the Congress for the Monument by September 18, 1999; and (2) in the development and revision of such plan, use principles of multiple use and sustained yield and a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. Authorizes development and utilization of Monument resources if: (1) the President or the Congress determines it to be in the interests of the United States; or (2) in case of a national emergency. Requires the Secretary to modify any existing guidelines regarding management of the Monument to conform to the requirements of this Act. (Sec. 11) Requires the Secretary to provide necessary resources to expedite all exchanges of school trust lands within the Monument when sought by the School and Institutional Trust Lands Administration of Utah. Provides for valuation of school trust land sections. Requires the Secretary to: (1) submit an analysis to the Congress of the loss of Federal royalties that can be expected to result from designation of the Monument, based on research compiled by the U.S. Geological Survey; and (2) allow access to school trust lands within the Monument by Utah agencies. (Sec. 12) Establishes the Grand Staircase-Escalante National Monument Advisory Committee to: (1) advise the Secretary, the Director, and the Governor of Utah concerning the development, management, and interpretation of Monument resources and the development, exchange, or disposal of State school trust lands. (Sec. 13) Requires the Secretary to include on the Monument planning team at least five persons, appointed by the Governor, to represent Utah and local governments. (Sec. 14) Authorizes appropriations.
United States · United States Congress · 13 February 1997
Truth in Employment Act of 1997 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of the objectives of an organization other than the employer.
United States · United States Congress · 13 February 1997
Expresses support for: (1) the work of the National Lewis and Clark Bicentennial Council and all the Federal, State, and local entities and other interested groups that are preparing bicentennial activities to celebrate the 200th anniversary of the Lewis and Clark Expedition during the years 2004 through 2006; and (2) the events to be held in observance of the expedition at St. Louis, Missouri, in 2004, Bismarck, North Dakota, in 2005, and many other cities during such observance. Calls upon the President, the Secretary of the Interior, the Director of the National Park Service, American Indian tribes, other public officials, and U.S. citizens to support, promote, and participate in the many bicentennial activities being planned to commemorate the expedition.
United States · United States Congress · 12 February 1997
Authorizes the President, on behalf of the Congress, to present a gold medal to Francis Albert "Frank" Sinatra. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes specified charges against the Numismatic Public Enterprise Fund to pay for the cost of the medal and requires the proceeds of duplicate medal sales to be deposited in the Fund.
United States · United States Congress · 10 February 1997
Teamwork for Employees and Managers Act of 1997 - Amends the National Labor Relations Act to declare that, where no labor organization is the representative of an employer's employees, it shall not be an unfair labor practice for the employer to establish, assist, maintain, or participate in an organization or entity: (1) in which employees participate to at least the same extent as management representatives to address matters of mutual interest (including issues of quality, productivity, and efficiency); and (2) which cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 30 January 1997
TABLE OF CONTENTS: Title I: Choice Care Program Title II: Medicare Medical Savings Accounts Medicare Improvement and Choice Care Provision Act - Title I: Choice Care Program - Amends title XVIII (Medicare) of the Social Security Act to outline a new Medicare part D (Choice Care) program involving Federal contracts with both private indemnity or fee-for-service plans and private managed or coordinated care plans (including health maintenance organizations and preferred provider organization plans). (Sec. 101) Requires the Secretary of Health and Human Services to make monthly advance payments to such a plan with respect to an individual enrollee of either a monthly choice care value amount (determined according to a specified formula) or of a monthly premium, whichever is less. Requires the Secretary to pay each eligible individual 75 percent of any excess over the plan premium of the weighted average of the choice care value amounts with respect to all individuals in a reimbursement area (rebate amounts), with the remainder of the excess amount deposited in the Federal Hospital Insurance Trust Fund under Medicare part A (Hospital Insurance). Bans choice care plans from providing any services related to assisted suicide. Title II: Medicare Medical Savings Accounts - Amends the Internal Revenue Code to provide under the Medicare Choice Care program for Medicare medical savings accounts (MSAs) for deposit of (income-excludible) rebate amounts, contributions by the account holder, and by the Secretary and others on behalf of the account holder, as well as deposit of certain rollover contributions, to cover the account holder's qualified medical expenses for medical care, with special rules for account distributions and reports.
United States · United States Congress · 30 January 1997
Airport and Airway Trust Fund Taxes Short Term Reinstatement Act - Amends the Internal Revenue Code to restore the Airport and Airway Trust Fund excise taxes.
United States · United States Congress · 28 January 1997
Value-added Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), by 30 days after the annual National Trade Estimate is due, to identify those foreign countries that: (1) deny fair and equitable market access to U.S. value-added agricultural products, or that apply standards to such imports that are not related to public health concerns (or cannot be substantiated by reliable analytical methods); and (2) are priority foreign countries (which engage in the most egregious acts, policies, or practices that deny market access to, or whose acts, policies, or practices have the greatest adverse impact on, U.S. value-added agricultural products). Prescribes certain requirements with respect to the identification of such countries. Requires the USTR to report annually to specified congressional committees on actions taken, and on progress made, in achieving market access for U.S. value-added agricultural products. Authorizes the USTR, with respect to the identification of such foreign countries, to request that the Secretary of Agriculture direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such countries that export meat and other agricultural products to the United States.
United States · United States Congress · 22 January 1997
Amends the Internal Revenue Code to make permanent the special rules for gifts of qualified appreciated stock to certain tax-exempt private foundations for purposes of the itemized deduction of charitable contributions. Includes grants to certain foreign organizations as qualified distributions by private foundations for purposes of the tax on failure to distribute income. Changes the due date for first quarter estimated tax payments by private foundations.
United States · United States Congress · 22 January 1997
Family Farm Alternative Minimum Tax Relief Act of 1997 - Amends the Internal Revenue Code to make the alternative minimum tax inapplicable to specified farm property installment sales.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Juvenile Gangs Title III: Juvenile Crime Control and Accountability Violent and Repeat Juvenile Offender Act of 1997 - Title I: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 102) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 103) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 106) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution applicable to adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 109) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 110) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 111) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Title II: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 203) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this title's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 204) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 205) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 206) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 208) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 209) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in criminal division of the Department of Justice to prosecute juvenile criminal street gangs. Title III: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this title. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this title. (Sec. 303) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 307) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of Violent Crime Control and Law Enforcement Act of 1994; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 308) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 309) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the Internal Revenue Code, to be used for Federal programs to combat youth violence.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: State Role Title III: Community Participation Title IV: Selection of Remedial Actions Title V: Liability Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Subtitle A (sic): General Provisions Superfund Cleanup Acceleration Act of 1997 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish programs to provide grants to eligible entities (including local government units, redevelopment agencies, and Indian tribes) for site characterization and assessment of, and capitalization of loan funds for response actions at, brownfield facilities. Defines a "brownfield facility," with exceptions, as a parcel of land that contains an abandoned, idled, or underused commercial or industrial facility, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs. (Sec. 102) Adds CERCLA provisions requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. (Sec. 103) Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases subject to a State remedial action plan. (Sec. 104) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 105) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 106) Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person establishes that inquiries were undertaken in accordance with specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator). Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity. Lists factors for consideration in issuance of interim standards by the Administrator. Title II: State Role - Adds CERCLA provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions in the following categories with respect to one or more non-Federal National Priorities List (NPL) facilities in the State: (1) technical investigations, evaluations, and risk analyses; (2) alternatives development and remedy selection; (3) remedial design; (4) remedial action and operation and maintenance; and (5) information collection and liability allocation. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and recovery and deposit of response costs. Allows withdrawal of delegated authority. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Community Participation - Directs the Administrator to establish Community Response Organizations to solicit views of, and communicate on behalf of, the community on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant at a facility on the State Registry or the NPL. Title IV: Selection of Remedial Actions - Revises remedial action selection and implementation procedures to require the Administrator to select a cost-effective action that complies with applicable Federal and State standards and that achieves the goals of protecting human health and the environment if: (1) with respect to human health, considering expected exposures associated with actual or future use of the land and water resources, and on the basis of a facility-specific risk evaluation (described in this Act), the action achieves a specified residual health risk of hazardous substance exposure; (2) with respect to the environment, the action protects the sustainability of ecosystems and does not pose a greater threat than a release; and (3) the action achieves certain groundwater protection standards. Permits waiver of compliance with Federal or State standards for reasons including improper identification of standards, technical impracticability, and immediacy of other threats. Permits waiver of prescribed remedy selection criteria if the achievement of the human health and environmental protection goals is technically impracticable. Prescribes groundwater protection criteria applicable to cost effective remedial action plans, considering actual or future use of the resource and attenuation or biodegradation that would otherwise occur. (Sec. 403) Adds provisions regarding the use and requirements of facility-specific risk evaluations. Requires the Administrator to issue regulations that: (1) promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action; and (2) establish presumptive remedial actions for commonly encountered types of facilities with reasonably well understood contamination and exposure problems. (Sec. 404) Establishes procedures, in lieu of those under any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and de-listing of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires five-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules applicable to facilities involved in remedy selection on the date of enactment of this Act. (Sec. 407) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. States exceptions. Title V: Liability - Creates exceptions and limitations to liability for response costs at NPL-listed facilities for: (1) arrangements for disposal or treatment of municipal solid waste or sewage sludge; (2) certain de minimis contributors; (3) small businesses; and (4) codisposal landfills (certain municipal solid waste or sewage sludge landfills that may have received hazardous waste and that contain in substantial proportion municipal solid waste or sewage sludge transported from outside the facility). (Sec. 502) Permits contribution from the Fund of response costs to persons who are subject to abatement orders or have entered into settlement decrees but are not liable for such costs by reason of an exception or limitation. (Sec. 503) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation procedures, including effect on litigation and enforcement, time frames, consideration of equitable factors, orphan shares, and information gathering. (Sec. 504) Excludes response action contractors from the definition of "owner or operator." Revises the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 505) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law states no time frame for public disclosure.) Requires abatement orders and settlement agreement notices to contain information concerning the evidence of the presence of each element of liability for response costs. (Sec. 506) Absolves persons who have reached a settlement with the United States or a State from liability for claims for cost recovery (in addition to contribution, as under current law). (Sec. 507) Adds provisions to include tax-exempt religious, charitable, scientific, and educational organizations as owner-operators and limits the liability of such organizations with respect to facilities received as charitable gifts. (Sec. 508) Revises liability for acts of third parties in contractual arrangements for rail transportation. (Sec. 509) Adds provisions limiting the liability of railroad owners or operators of spur track. (Sec. 510) Adds provisions limiting the liability of recyclers. Title VI: Federal Facilities - Revises provisions governing the transfer of CERCLA authorities vested in the Administrator to allow States to apply to exercise such authorities at any NPL-listed Federal facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Absolves U.S. officers, employees, or agents for failure to comply with a requirement to take a response action at a Federal facility under CERCLA, the Solid Waste Disposal Act, or any other Federal or State law unless: (1) such person has not fully performed any direct or delegated responsibility to ensure inclusion in the President's budget request of sufficient response action funds; or (2) appropriated funds were available for such purpose. (Sec. 603) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: Natural Resource Damages - Adds requirements that sums recovered by an Indian tribe for natural resources damages be used only for restoration, replacement, or acquisition of the equivalent natural resources and that all such replacements (whether by the United States, a State, or a tribe) meet certain technological feasibility and reasonable cost standards. Imposes restrictions on the measure of damages to limit liability, including one for reasonable costs. (Sec. 702) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource injury and restoration assessment. Revises procedures for the issuance, and the required contents, of regulations regarding damage assessments. (Sec. 703) Requires, when both response actions and restoration measures are implemented at the same facility, that they be consistent with each other and carried out in a coordinated manner. Requires the Administrator, when evaluating and selecting remedial actions, to consider potential natural resources injuries resulting from the actions. (Sec. 704) Allows a court, in resolving contribution claims, to allocate natural resource damages (in addition to response costs, as under current law) among liable parties. Title VIII: Miscellaneous - Requires the National Contingency Plan to include procedures for conducting response actions which use a results-oriented approach and which meet certain other timeliness and cost-effectiveness criteria. Requires the Administrator to amend the National Hazardous Substance Response Plan to include these procedures. (Sec. 802) Limits new NPL listings according to a specified schedule, allowing no more than ten annual additions of vessels and facilities after the year 2000. Requires prioritization of, and State concurrence in, additions. (Sec. 803) Amends the criteria for continuance of Fund obligations over a specified amount for response actions to: (1) state that remedial actions are those selected or anticipated at the time of a removal action at a facility; (2) increase the cut-off amount from $2 million to $4 million; and (3) increase the cut-off time period from 12 months to two years. Title IX: Funding - Subtitle A: General Provisions (sic) - Authorizes appropriations from the Fund of $8.5 billion for FY 1998 through 2002. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities for FY 1998 through 2002. (Sec. 904) Sets the following annual limitations on amounts available for FY 1998 through 2002: (1) $30 million for alternative or innovative technologies research, development, and demonstration programs; (2) $37 million, increasing $2 million per year through FY 2000, and $43 million for each of FY 2001 and 2002, for hazardous substance research, demonstration, and training; and (3) $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2002. (Sec. 906) Sets limits on funding of community response organizations. Specifies that collected response cost recoveries will be credited to the Fund as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
United States · United States Congress · 21 January 1997
Employee Educational Assistance Act - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 21 January 1997
Agricultural Work Force Stability and Protection Act - Amends the Immigration and Nationality Act with respect to the admission of temporary agricultural (H-2A visa) workers and related labor certification provisions.
United States · United States Congress · 21 January 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 21 January 1997
Extends veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such an individual as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of a certificate of honorable discharge to an individual who performed qualified service. Deems qualified service to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for benefits provided under this Act; and (2) an application processing fee.
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