United States · United States Congress · 23 July 1997
Education Land Grant Act - Amends the Recreation and Public Purposes Act to provide for the disposal of national forest lands (currently, only public lands) to a State, territory, county, municipality, or other State, territorial, or Federal instrumentality or political subdivision, including to a local education agency (LEA) for an elementary or secondary school, including a public charter school. Makes such Act inapplicable to lands in: (1) the National Park System; (2) the National Wildlife Refuge System; (3) the National Wilderness Preservation System; (4) the National Wild and Scenic Rivers System; (5) the National Trails System; (6) any Bureau of Land Management area of critical environmental concern; and (7) any national recreation area. Requires the Secretary of the Interior, upon receipt of an application from a duly qualified LEA that is seeking conveyance of land for use for a school, to: (1) notify the applicant of such receipt before the end of the ten-day period beginning on the date of receipt; and (2) before the end of the 60-day period beginning on such date, determine whether or not to convey such land and to notify the applicant of that determination, or report to the Congress and the applicant the reasons that determination has not been made.
United States · United States Congress · 23 July 1997
TABLE OF CONTENTS: Title I: Assignment of Liability to Coal Operators Title II: Adjustments to Premium Computations Title III: Other Provisions Comprehensive Coal Act Reform Act - Title I: Assignment of Liability to Coal Operators - Amends Internal Revenue Code provisions concerning coal industry health benefits to define "signatory operator" to mean a person that is or was a signatory to the 1978 National Bituminous Coal Wage Agreement or any subsequent coal wage agreement. (Currently, the term is defined as a person that is or was a signatory to a coal wage agreement. The term "coal wage agreement" is, and would continue to be, defined as the National Bituminous Coal Wage Agreement or any other agreement between a coal industry employer and the United Mine Workers of America having specified requirements.) (Sec. 102) Requires: (1) that each eligible coal industry retiree be assigned first to the signatory operator that most recently employed the retiree for at least two years, then to the signatory operator that was the most recent to employ the operator; and (2) revocation of the assignment of any beneficiary to anyone who ceases to be a signatory operator because of the above change in definition, not reassigning the beneficiary, and considering them to be unassigned. Prohibits assigning or reassigning a beneficiary after enactment of this Act, treating as unassigned any beneficiary determined to have been incorrectly assigned. Title II: Adjustments to Premium Computations - Modifies the formula for determining the per beneficiary premium. (Sec. 202) Provides for: (1) annual premium reductions for small reachback signatory operators; and (2) the treatment of a surplus or deficit in the Combined Fund. (Sec. 203) Sets separate requirements for death benefit premiums for reachback signatory operators and other assigned operators. Modifies: (1) requirements regarding the unassigned beneficiaries premium; (2) the definition of "applicable percentage" and (3) requirements regarding applicable premium annual adjustments. Mandates establishment of a separate subaccount in the death benefits premium account for each of: (1) the death benefit premiums of reachback signatory operators; (2) the death benefit premiums of other assigned operators; and (3) the portion of the unassigned beneficiaries premiums attributable to death benefits coverage of unassigned beneficiaries. (Sec. 204) Sets forth a special rule regarding annual premium payment by a related person of an assigned operator. Title III: Other Provisions - Modifies requirements regarding certain 1988 agreement operators paying withdrawal liability. (Sec. 302) Requires the Combined Fund to make available to any person required to make contributions to that Fund all documents: (1) that reflect the Fund's financial and operational status; and (2) prepared at the request of the Fund's trustees or staff that form the basis for any actions or reports.
United States · United States Congress · 17 July 1997
National Debt Repayment Act of 1997 - Amends the Congressional Budget Act of 1974 to require concurrent resolutions on the budget, beginning with the one for the first fiscal year after there is a surplus, to set forth totals of budget outlays and Federal revenues for the budget year and each fiscal year concerned such that the annual rate of change in outlays is at least one percentage point lower than the corresponding change in revenues for each such year. Permits the Congress to waive such requirement for fiscal years in which a declaration of war is in effect or the United States is engaged in military conflict posing a serious threat to national security or for the budget year and the next fiscal year if real economic growth has been negative for two consecutive calendar quarters. Amends Federal law to require the Secretary of the Treasury to use any budget surplus for a fiscal year, with one-third allocated to each of the following, to: (1) exchange special issue nonmarketable Government bonds in the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund with marketable Government securities; (2) invest in marketable Government securities to be held in a Tax Cut Offset Trust Fund to offset future revenue reductions; and (3) exchange special issue nonmarketable Government securities in the Highway Trust Fund and the Hazardous Substance Superfund with marketable ones. Requires the surplus to be allocated, in specified increments, to repay the public debt when Government trust funds, including those described above, no longer hold nonmarketable securities. Prohibits receipts and disbursements of Government trust funds, in an amount up to the value of marketable Government securities contained in any such fund, from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal or congressional budgets or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such receipts and disbursements from any statutory general budget limitation on expenditures and net lending. Directs the Secretary, upon expenditure from a trust fund of any money not so counted, to sell a corresponding amount of marketable Government securities from the fund and reduce its balance accordingly.
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Soft Money and Contributions and Expenditures of Political Parties Title II: Indexing Contribution Limits Title III: Expanding Disclosure of Campaign Finance Information Title IV: Effective Date Bipartisan Campaign Integrity Act of 1997 - Title I: Soft Money and Contributions and Expenditures of Political Parties - Amends the Federal Election Campaign Act of 1971 (FECA) to ban the use of certain soft money by national political parties, specified entities, and Federal candidates. Prohibits transfers of non-Federal funds between State parties unless the funds are subject to the Act. (Sec. 102) Increases the aggregate annual limit on contributions made by individuals to political parties. (Sec. 103) Repeals the limitations on the amount of coordinated expenditures that may be made by political parties. Title II: Indexing Contribution Limits - Sets forth provisions for the indexing of contribution limits. Title III: Expanding Disclosure of Campaign Finance Information - Requires the disclosure of certain radio and television communications. (Sec. 302) Revises FECA filing requirements for reports to mandate: (1) the monthly filing of reports by principal campaign committees and other political committees (other than a candidate's authorized committees); and (2) electronic filing for certain reports. (Sec. 304) Waives the "best efforts" exception with respect to information regarding the occupation or the name of employers of certain individual contributors. Title IV: Effective Date - Sets forth the effective date.
United States · United States Congress · 9 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) certify 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. (Sec. 4) 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 · 8 July 1997
Amends the Internal Revenue Code to prohibit requiring persons who pay election officials and workers to furnish the officials and workers with an annual statement of amounts paid and withheld unless the pay is subject to tax under provisions relating to the Federal Insurance Contributions Act.
United States · United States Congress · 26 June 1997
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to limit the amount of Hazardous Substance Superfund expenditures for administration, oversight, support, studies, design, investigations, monitoring, assessment, evaluation, and enforcement activities to: (1) 25 percent of total Superfund monies in FY 1998 through 2000; and (2) 20 percent of such total in FY 2001 and thereafter. Directs the Administrator of the Environmental Protection Agency to report to the Congress on any regulatory or statutory relief required to operate under such funding limitations.
United States · United States Congress · 25 June 1997
Tobacco Use by Minors Deterrence Act of 1997 - Amends the Public Health Service Act to replace provisions relating to State laws on the sale of tobacco products to individuals under the age of 18 with provisions requiring that the amount of formula grants to States (for the prevention of substance abuse) be reduced if there is not in effect a law regarding tobacco products and such individuals, including concerning: (1) tobacco distribution; (2) the purchase, possession, or use by such individuals in a public place (including parental notification); (3) the distribution of samples; (4) out-of-package distribution; (5) the posting of certain signs at selling locations; (6) the location of product packages in sight of an employee; (7) certain notifications to retail employees; (8) certain vending machine sales; (9) enforcement by a State (including using the State police, conducting random, unannounced inspections, and using individuals under 18); (10) distribution licenses, including licensure of each retail distribution place; and (11) preemption of inconsistent local laws. Prohibits the sale or other distribution of a tobacco product to an individual under the age of 18 through the Internet.
United States · United States Congress · 25 June 1997
MSPA Clarification Act of 1997 - Amends the Migrant and Seasonal Agricultural Worker Protection Act to enlarge the scope of the family business exemption. (Sec. 3) Excludes from the definition of "farm labor contracting activity" a migrant or seasonal agricultural worker in a carpool arrangement. (Sec. 4) Prohibits an investigatory entry into a place of agricultural employment without prior and subsequent conferences with the person being investigated. (Sec. 5) States that an agricultural employer, association, or farm labor contractor that corrects a violation for which there is no prior adjudication of guilt shall not be subject to a civil money penalty or a private right of action. (Sec. 6) Exempts: (1) Federal or State approved farm worker housing from regulation under such Act; and (2) owners or operators of migrant agricultural housing from liability for housing conditions caused by or the responsibility of such workers. (Sec. 7) Sets forth joint employment criteria. (Sec. 8) Exempts an agricultural employer or association from confirming the registration of a farm labor contractor who supplies only worker transportation services unless the employer or association had actual knowledge that the transportation was not a worker carpooling arrangement. (Sec. 9) Excludes from the definitions of "migrant agricultural worker" and "seasonal agricultural worker" an individual employed on a year-round basis by a specific employer or association. (Sec. 10) Subjects motor vehicle safety insurance provisions to State, rather than specified Federal, requirements. (Sec. 11) Establishes a two-year statute of limitations for violations under such Act.
United States · United States Congress · 23 June 1997
Amyotrophic Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration for use in the treatment or alleviation of ALS-related symptoms. Authorizes appropriations, in addition to any already available, for ALS research through the National Institutes of Health.
United States · United States Congress · 20 June 1997
TABLE OF CONTENTS: Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal Title II: Enforcement Provisions Budget Enforcement Act of 1997 - Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal - Sets forth a timetable for completion of certain budget actions by the President, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO). (Sec. 102) Directs the President to submit a special message with the OMB Analysis of Actual Spending Levels and Projections for the Upcoming Year if such Analysis indicates that: (1) deficits or outlays in the most recent fiscal or budget year exceeded or are projected to exceed deficit targets or caps, as appropriate; or (2) revenues in such years were less than or projected to be less than revenue targets. Requires such message to include proposed legislative changes to: (1) offset the net deficit, outlay excess, or revenue shortfall; or (2) revise the deficit or revenue targets or outlay caps contained in this Act. Sets forth congressional procedures for the consideration of legislation to address excess deficits or outlays and revenue shortfalls. (Sec. 103) Requires presidential budgets to be consistent with the spending, revenue, and deficit levels established in this Act or to recommend changes to such levels. Makes it out of order in the House of Representatives or the Senate to consider any concurrent budget resolution unless it is consistent with the levels set forth in this Act. (Sec. 104) Sets forth consolidated deficit (or surplus) and revenue targets for FY 1998 through 2002. (Sec. 105) Requires OMB to submit a report containing account numbers and spending limits for specific entitlement categories to the President and the Congress. Applies direct spending caps, effective upon submission of such report, to all entitlement authority except for undistributed offsetting receipts and net interest outlays. Sets forth entitlement categories subject to caps. (Sec. 106) Requires determinations of direct spending caps (as well as any breaches of such caps and actions necessary to remedy such breaches) to be based on certain economic assumptions set forth in the joint explanatory statement of managers accompanying the concurrent resolution on the budget for FY 1998 (House Concurrent Resolution 84) and subject to periodic reestimation based on changed economic conditions or changes in eligible population. (Sec. 107) Provides for automatic adjustments to deficit and revenue targets and caps for entitlements and other mandatory spending to reflect changes in specified economic and other conditions. Title II: Enforcement Provisions - Directs OMB: (1) to compile a statement of actual deficits, revenues, and direct spending for a fiscal year, following the end of that year, identifying such deficits, revenues, and spending by categories of entitlements and other mandatory spending; and (2) in any year in which actual or projected deficits, revenues, or spending in violation of revenue targets or caps by more than one percent of the applicable total revenues or direct spending for the year concerned occurs, to issue a report to the President and the Congress, estimating necessary spending reductions. (Sec. 202) Provides for enforcement of the direct spending caps on categories of spending established under title I of this Act. Applies specified enforcement rules and procedures for any fiscal year in which direct spending exceeds the applicable direct spending cap. (Sec. 203) Sets forth: (1) general rules triggering sequestration to reduce spending for programs subject to direct spending caps; (2) special rules for direct spending programs with certain characteristics; and (3) rules for insurance and loan programs and State grant program formulas. Requires a within session sequester under certain conditions. (Sec. 204) Sets forth procedures for enforcing revenue targets, including delays in implementing tax credits, deductions, exclusions, or cuts under the Revenue Reconciliation Act of 1997. (Sec. 205) Exempts certain budget accounts, activities within accounts, or income from sequestration. Authorizes the President to exempt any military personnel account from sequestration or provide for a lower uniform percentage reduction that would otherwise apply, subject to specified congressional notification requirements. (Sec. 206) Sets forth special rules for sequestration orders for: (1) the child support enforcement program under the Social Security Act; (2) the Commodity Credit Corporation; (3) the earned income tax credit; (4) regular and extended unemployment compensation; (5) the Federal Employees Health Benefits Fund; (6) the Federal Housing Finance Board; (7) Federal pay; (8) Medicare; (9) the Postal Service Fund; (10) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (11) programs which provide a businesslike service in exchange for a fee. (Sec. 207) Directs CBO and OMB to report to the President and the Congress the budget baselines for the budget year and the next nine fiscal years. Specifies requirements for the budget baseline. (Sec. 208) Requires amounts to be withheld from allocation to the appropriate congressional committees (within the discretionary caps for each fiscal year) and reserved for natural disasters and other emergency purposes. Provides that such amounts shall be at least one percent of total budget authority and outlays available within those caps for the fiscal year concerned. Sets forth conditions under which reserved amounts shall be made available for allocation to such committees. Amends the Congressional Budget Act of 1974 to make it out of order in the House or the Senate to consider legislation containing an emergency designation if it also provides an appropriation or direct spending for any other item or contains other matter. Permits such legislation to contain rescissions or spending reductions.
United States · United States Congress · 19 June 1997
Places a four-year moratorium on the promulgation of new or revised national ambient air quality standards for ozone or fine particulate matter under the Clean Air Act by the Administrator of the Environmental Protection Agency. Requires the Administrator, within five years of this Act's enactment date, to: (1) complete a review of the air quality criteria and standards for ozone and particulate matter; and (2) determine whether to retain or revise such standards or promulgate new standards. Directs the Administrator, in reviewing such criteria for particulate matter, to: (1) evaluate any adverse health effects of exposure to airborne particulate matter; (2) determine the amount and size of particles inhaled and retained in the lungs; and (3) investigate the biological mechanisms by which particulate matter may induce adverse health effects. Authorizes the Administrator to require State implementation plans to require air quality monitoring for fine particulate matter and to make grants to States for such purposes. Authorizes appropriations.
United States · United States Congress · 17 June 1997
Civil Rights Act of 1997 - Prohibits discrimination or preferences in Federal employment and contracting and other Federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any Federal contractor or subcontractor to so discriminate or grant a preference. Declares that this Act does not prohibit or limit encouraging contract bidding, recruiting employees, encouraging participation in other programs or activities or requiring or encouraging Federal contractors, subcontractors, or recipients of Federal licenses or financial assistance to so recruit or encourage, if the recruiting or encouraging does not involve granting a preference. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a Federal law or treaty relating to the Indian tribes. Declares that this Act does not: (1) prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member. Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay). Requires awarding a prevailing plaintiff attorney's fees as part of the costs.
United States · United States Congress · 17 June 1997
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2000, the duty on: (1) certain calendaring or other rolling machines for rubber; (2) certain shearing machines used to cut metallic tissue; (3) certain machine tools for working wire of iron or steel; (4) certain extruders of a type used for processing rubber; (5) certain machinery for molding, retreading, or otherwise forming uncured, unvulcanized rubber; (6) certain sector mold press machines used for curing or vulcanizing rubber; and (7) certain sawing machines for working cured, vulcanized rubber.
United States · United States Congress · 11 June 1997
Job Protection Act of 1997 - Prohibits the promulgation of any new or revised national ambient air quality standard for particulate matter and ozone under the Clean Air Act until after the final date on which the standards for particulate matter and ozone are required to be attained in areas having the highest concentrations of particulate matter (December 31, 2001) or ozone (November 15, 2010).
United States · United States Congress · 10 June 1997
TABLE OF CONTENTS: Title I: Vocational-Technical Education Assistance to the States Title II: Basic State Grants for Vocational-Technical Education Title III: Research and Development Title IV: General Provisions Carl D. Perkins Vocational-Technical Education Act Amendments of 1997 - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to: (1) rename it the Carl D. Perkins Vocational- Technical Education Act (the Act); (2) revise it; and (3) extend the authorization of appropriations through FY 2002. Title I: Vocational-Technical Education Assistance to the States - Revises formulae for: (1) allotment of funds to States under the basic State grant program, including reservation of specified amounts by the Secretary of Education for Indian and Native Hawaiian programs and for the territories; and (2) allocation of such funds within a State. Requires allocation to the local level of at least 90 percent of a State's allotment, with not more than eight percent for State activities and not more than two percent for State administrative costs. Allows a State to reserve from its allotment (from amounts allocated to local areas) up to ten percent for grants to rural areas. (Sec. 103) Revises provisions for grants for Native Americans and Native Hawaiians. (Sec. 104) Revises requirements for grants for vocational-technical education programs at tribally controlled postsecondary vocational institutions. Authorizes appropriations. Part B (sic): State Organization and Planning Responsibilities - Revises State administrative requirements. (Sec. 112) Repeals the requirement for State councils on vocational education. (Sec. 113) Replaces current requirements for State plans with State application requirements, including general procedures for development of a five-year State plan. (Sec. 114) Revises requirements for State plan submission to emphasize submission of State applications including such plans. (Sec. 115) Requires States to develop benchmarks to measure the progress of individuals in vocational-technical education programs. Requires States and local eligible recipients that fail to meet such benchmarks to submit a program improvement plan for the succeeding program year. Authorizes the Secretary to impose sanctions on States which fail to meet such benchmarks. Requires State reports to the Secretary on their benchmark performance, with such information to be available to the general public. (Sec. 116) Repeals specified provisions relating to: (1) State and local standards and measures; (2) State assessment; (3) program evaluation and improvement; and (4) criteria for services and activities for individuals who are members of special populations. Title II: Basic State Grants for Vocational-Technical Education - Revises required and permissible uses of funds for State programs and State leadership activities. (Sec. 202) Eliminates the current State-administered programs to: (1) provide single parents, displaced homemakers, and single pregnant women with marketable skills; (2) promote the elimination of sex bias; and (2) provide vocational education to criminal offenders. Revises requirements for secondary, postsecondary and adult vocational-technical education programs. Revises the formula for distribution of funds to secondary school programs, basing it in part on the total population aged 15 to 19 and in part on the portion of such population living in poverty. Provides a waiver to develop an alternative formula under certain conditions for a more equitable distribution. Reduces the minimum grant amount for a local educational agency from $15,000 to $7,500. Extends the current mandatory waiver of the minimum grant requirement for rural and certain other schools to charter schools as well. Provides for distribution of funds to area vocational-technical schools and consortia. Directs the Secretary to collect data on how States are distributing funds to local educational agencies. Revises the formula for distribution of funds to postsecondary and adult vocational-technical education programs. Reduces the minimum grant amount for a local educational agency from $50,000 to $20,000. Requires grant recipients to use their funds, in part, to: (1) improve or expand the use of technology in vocational-technical instruction, including instructor training in state-of-the-art technology, which may include distance learning; and (2) provide professional development programs. (Sec. 203) Repeals current title II part C provisions for secondary, postsecondary, and adult vocational education programs (incorporating some of them among the revised requirements of this title). Title III: Research and Development - Replaces current research and development program requirements with a mandate for development of a single plan for evaluation and assessment, research, demonstrations, and dissemination of information with respect to vocational-technical education programs funded under the Act. Directs the Secretary to carry out a specified demonstration partnership project involving Napa Valley Community Resource Center, local public educational organizations, volunteer groups, and private sector business participants. Extends through FY 2002 the authorization of appropriations for such activities. (Sec. 301) Eliminates current title III provisions for tech-prep education, comprehensive career guidance and counseling programs, and other special programs. (Sec. 302) Repeals title IV national programs provisions for: (1) demonstration programs; (2) National Council on Vocational Education; and (3) bilingual vocational training. (Sec. 303) Transfers to the new title III current title IV part C provisions for data systems, the National Center for Education Statistics, assessment of international competitiveness, the Vocational Education Advisory Task Force, National Assessment of Educational Progress activities, the National Occupational Information Coordinating Committee, and the information base for vocational education data system. Authorizes appropriations for FY 1998 through 2002 for such activities. Title IV: General Provisions - Revises certain fiscal requirements relating to maintenance of effort, excluding from the computation of fiscal effort or aggregate expenditures for such purposes any capital expenditures, special one-time project costs, similar windfalls, and the cost of pilot programs. Requires funds under the Act to supplement but not supplant funds from non-Federal sources. (Sec. 401) Provides for program participation by private, religious, and home schools. Prohibits the use of funds to require any individual: (1) to choose a specific career path or course of study; or (2) to meet or obtain federally-funded or endorsed industry recognized skills, certificates, or standards. Authorizes the Secretary of Education to receive and use funds from Federal collection of cell tower fees to expand the use of technology in vocational-technical education. Directs the Secretary to issue regulations under the Act only to the extent necessary to administer and ensure compliance with specific requirements under the Act. Revises provisions relating to State administrative costs. Repeals the Smith-Hughes Vocational Education Act. Eliminates certain provisions relating to: (1) regional meetings and negotiated rulemaking; (2) Federal monitoring; (3) consultation on and review of regulations; (4) General Accounting Office investigations relating to reports, plans, and regulations under the Act; and (5) student assistance and other Federal programs.
United States · United States Congress · 10 June 1997
Local Free Access Act - Amends provisions regarding Federal payments in lieu of taxes to exempt persons residing within the boundaries of local governments that receive such payments from National Forest System recreational user fees unless sufficient funds are appropriated in a fiscal year to provide full payments to eligible local governments.
United States · United States Congress · 10 June 1997
Civil Asset Forfeiture Reform Act - Amends the Federal criminal code to require that in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the agency conducting a seizure of property must give written notice to interested parties, such notice shall be given within 60 days after the later of the date of the seizure or the date the identity of the interested party is first known or discovered by the agency, with exceptions. Allows a person entitled to written notice in such proceeding to whom written notice is not given to void, on motion, the forfeiture with respect to that person's interest in the property unless the agency shows good cause for the failure to give notice or that the person otherwise had actual notice of the seizure. Provides that if the Government does not provide notice of a seizure of property in accordance with this Act, it shall return the property and may not take any further action to effect the forfeiture of such property. Sets forth provisions regarding: (1) filing deadlines; (2) persons filing claims who are financially unable to obtain representation by counsel; and (3) the burden of proof. Prohibits an innocent owner's interest in property from being forfeited under any civil forfeiture statute. (Sec. 4) Amends the Tariff Act of 1930 to provide that Federal criminal code provisions applicable to civil forfeiture procedures shall apply to civil forfeitures proceedings relating to the condemnation or forfeiture of property for violation of the customs laws. (Sec. 5) Makes the Federal Tort Claims Act applicable to claims based on the negligent destruction, injury, or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer, if the property was seized for the purpose of forfeiture but the interest of the claimant is not forfeited. Authorizes the Attorney General to settle, for not more than $50,000 in any case, certain claims for damage to or loss of privately owned property caused by an investigative or law enforcement officer who is employed by the Department of Justice and acting within the scope of his or her employment, subject to specified limitations. (Sec. 6) Makes the United States liable for post-judgment interest upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any Act of Congress, but not for prejudgment interest (with exceptions). Specifies that the United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized. (Sec. 7) Makes the amendments made by this Act applicable to claims, suits, and actions filed on or after the date of the enactment of this Act, with exceptions.
United States · United States Congress · 5 June 1997
Family Education Freedom Act of 1997 - Amends the Internal Revenue Code to allow a tax credit of up to $3,000 per student per year for the cost of attendance at any educational institution (including any private, parochial, religious, or home school) organized to provide elementary or secondary education (or both).
United States · United States Congress · 5 June 1997
Higher Education and Learning Promotion Act - Amends the Internal Revenue Code to establish nontaxable education investment accounts which shall permit annual contributions of not more than $1,500 for the account holder's qualified higher education costs. Subjects account distributions used for nonqualifying purposes to taxation, including an additional ten percent tax. Sets forth related reporting requirements. Makes the employer-provided educational assistance program exclusion permanent. Excludes from gross income distributions from a qualified state tuition program used for qualified higher education expenses (including room and board).
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 30 May 1997
Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish and extend club facilities where needed, with particular emphasis on establishing clubs in and extending services to public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established or existing facilities expanded to serve additional youths during the next fiscal year; (2) includes a plan to insure that there are a total of not less than 2,500 BGCA facilities in operation before January 1, 2000; (3) certifies that there will be appropriate coordination with those communities where clubs will be located; and (4) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program.
United States · United States Congress · 22 May 1997
Congressional Office of Regulatory Analysis Creation Act - Establishes a Congressional Office of Regulatory Analysis. Authorizes appropriations. Transfers to the Director of such Office the functions of the Comptroller General with respect to congressional review of agency rulemaking. Requires the Office to conduct its own specified regulatory impact analysis of major rules. Extends the deadline by which the Director must report to appropriate congressional committees on each major rule from 15 to 45 calendar days after its submission to the Congress or publication in the Federal Register. Requires the Office to conduct a regulatory impact analyses of any nonmajor rule when requested to do so by a congressional committee or Member of Congress. Amends the Unfunded Mandates Reform Act of 1995 to: (1) transfer functions of the Director of the Congressional Budget Office (CBO) to the Director with respect to the comparison between agency and CBO mandate cost estimates; and (2) require the Director of the Office of Management and Budget (OMB), at the request of the CBO Director or the Director, to cooperate in providing mandate cost estimates and related data. Directs the OMB Director to collect agency statements prepared under such Act for forwarding to the Director (currently CBO Director) after promulgation of the general notice of proposed rulemaking or of the final rule for which the statement was prepared.
United States · United States Congress · 22 May 1997
Medical Device Regulatory Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission and to mandate annual FDA and Comptroller General reports to specified congressional committees. (Sec. 3) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary, to establish a procedure under which the regulated person may request a review of the disputed subject matter. (Sec. 4) Revises or imposes requirements regarding: (1) investigational device exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing recognition of self-certifiable consensus standards); (5) effectiveness determinations (as used in classifying devices); (6) reliance on postmarket controls to expedite classification; (7) substantial equivalence; (8) labeling (as affecting premarket approval); (9) supplemental applications; (10) promotional material representations; (11) premarket notification; (12) initial classification; (13) classification panels; and (14) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates accreditation of persons to review and initially classify devices. (Sec. 13) Mandates publication of a list of types of class III devices that are not subject to regulation under specified provisions and for which the Secretary has determined that premarket approval is unnecessary, requiring each to be regulated as class III subject to general and appropriate special controls. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 17) Removes distributors from recordkeeping and reporting requirements. Removes reporting requirements regarding certain certification and removals and corrections. Mandates new user reporting regulations limiting user reporting to a user subset to create a representative profile of user reports. (Sec. 18) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 19) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 20) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental assessment or impact statement. (Sec. 22) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 22 May 1997
Welfare Flexibility Act of 1997 - Permits State use of nongovernmental personnel to determine eligibility under the Medicaid, food stamp, and special supplemental nutrition program for women, infants, and children (WIC) programs.
United States · United States Congress · 22 May 1997
Small Business Remediation Act of 1997- Requires the maximum level of remediation of dry cleaning solvents in soil, surface water, groundwater, and other environmental media that a Federal, State, local agency, or court may require of a person engaged in dry cleaning, or of the owner of land or a facility in which such a person is conducting dry cleaning, to be one-tenth the equivalent exposure of the workplace standard for such solvents established by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Requires: (1) the National Institute of Environmental Health Sciences to publish in the Federal Register its computation, based on realistic scientific assumptions, of equivalent exposure by ingestion, inhalation, and absorption indices for the general public, for environmental media in nonoccupational circumstances; and (2) the equivalent exposure to be calculated from the workplace standard for dry cleaning solvents which assures that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure for the employee's entire working lifetime. Specifies that nothing in this Act shall: (1) preempt or otherwise prevent a Federal, State, or local government or private party from remediating environmental media to a lower level than the maximum level of remediation at its own cost and expense; or (2) alter or affect the Federal drinking water standards under the Public Health Service Act.
United States · United States Congress · 22 May 1997
Amends the Internal Revenue Code to remove limitations on the number of taxpayers who may have medical savings accounts. Amends provisions defining "eligible individual" to remove references to small employers. Makes the amendments of this Act effective as if they had been included in the Health Insurance Portability and Accountability Act of 1996.
United States · United States Congress · 21 May 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 16 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 · 15 May 1997
Worker Paycheck Fairness Act - Requires a labor union accepting payment of any dues or fees from an employee as a condition of employment to secure from each employee a prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Gives employees a right of civil action against any labor union which violates this requirement. Requires employers to post notice relating to such requirement. Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members.
United States · United States Congress · 14 May 1997
Fair Hearing Act - Amends the National Labor Relations Act to direct the National Labor Relations Board to provide for a hearing to determine the unit's appropriateness, if a petition for an election requests the Board to certify a bargaining unit which includes the employees employed at one or more facilities of a multi-facility employer, and there is an absence of agreement by the parties (in the form of a stipulation for certification upon consent election or agreement for consent election). Specifies factors for the Board to consider in making such determination.
United States · United States Congress · 14 May 1997
Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
United States · United States Congress · 14 May 1997
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $2,000 annually (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Imposes penalties for excess contributions or prohibited transactions associated with an account. Provides for an from annual contribution limitations for distributions from education savings accounts into individual retirement accounts. Excludes from gross income distributions from individual retirement accounts into education savings accounts.
United States · United States Congress · 13 May 1997
United Nations Accountability Act of 1997 - Prohibits the payment of arrearages of U.S. contributions to the United Nations (UN) until the President certifies to, and a joint resolution is approved by, the Congress that the UN has implemented specified reforms, including: (1) a reformulation of the assessed U.S. payment to the UN; (2) implementation of a code of conduct for UN employees; (3) strengthening of the powers of the Office of Inspector General of the UN; (4) reform of the UN grievance system to permit UN employees to hire outside counsel; (5) implementation of certain reforms to UN procurement procedures; (6) whistleblower protection for UN employees; (7) adoption of a no growth biennial budget; (8) acceptable downsizing; (9) a freeze on UN employee salaries; (10) making the eight member states with the highest contributions to the UN permanent members of the Advisory Committee on Administrative and Budget Questions; (11) providing access by Budget Committee member states to certain expenditure documents; (12) requiring an annual review and reauthorization of any peacekeeping missions by the UN Security Council; (13) UN reimbursement for Department of Defense contributions to UN peacekeeping missions; (14) satisfaction of U.S. arrearages in contributions to the UN; (15) allowance of all member states to be nominated to the Security Council; (16) abandonment of UN efforts to establish an international tax; and (17) UN noninterference with any people's religion, moral values, culture, or traditions.
United States · United States Congress · 13 May 1997
TABLE OF CONTENTS: Title I: Incentives for Capital Formation and Jobs Creation Title II: Credits for Families Title III: Phase-Out of Estate and Gift Taxes Tax Freedom for Families Act of 1997 - Incentives for Capital Formation and Jobs Creation - Amends the Internal Revenue Code (IRC) to replace current alternative tax for corporations provisions with provisions providing for a 50 percent capital gains deduction. Allows such deduction in computing adjusted gross income. (Sec. 102) Substitutes the indexed basis, based on the "applicable inflation adjustment" (as defined), for the adjusted basis of assets held more than three years for purposes of determining gain or loss on the disposition of: (1) common stock in a C corporation; or (2) tangible property, which is a capital asset or property used in a trade or business. Sets forth special rules: (1) where there is a diminished risk of loss; (2) for short sales; (3) for regulated investment companies and real estate investment trusts; (4) for other pass-through entities; (5) for dispositions between related persons; (6) for transfers to increase the indexing adjustment; (7) for the sale of a principal residence; and (8) to cover other situations. (Sec. 103) Permits a capital loss deduction with respect to the sale or exchange of a principal residence. Title II: Credits for Families - Establishes a credit of $500 multiplied by the number of qualifying children (under the age of 18) of a taxpayer. (Sec. 202) Establishes, in the case of a joint return, a credit equal to the marriage penalty reduction credit (as defined). Title III: Phase-Out of Estate and Gift Taxes - Raises the estate and gift tax credit incrementally over a five-year period (through 2002). (Sec. 302) Repeals, as of January 1, 2003, subtitle B of the IRC relating to transfer taxes and makes such repeal applicable to the estates of decedents dying, and gifts and generation-skipping transfers made on and after such date.
United States · United States Congress · 8 May 1997
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 8 May 1997
FEHBP-Medical Savings Account Promotion Act of 1997 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program.
United States · United States Congress · 8 May 1997
Military Recruit Training Policy Restoration Act of 1997 - Directs the Secretaries of the military departments concerned to require that basic training (or its equivalent) at the company level and below (at the group level and below, with respect to the Air Force) be conducted through separate units for male and female recruits. Allows only male officers to command and serve as drill instructors in a male training unit, and only female officers to command and serve as drill instructors in a female training unit.
United States · United States Congress · 8 May 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Energy Title II: Energy Laboratory Facilities Title III: Privatization of Federal Power Marketing Administration Title IV: Transfer and Disposal of Reserves Title V: National Security and Environmental Management Programs Subtitle A: Defense Nuclear Programs Agency Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department Title VII: Civilian Radioactive Waste Management Title VIII: Miscellaneous Provisions Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator. (Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after enactment of this Act. Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the transfer or termination of its functions. Title II: Energy Laboratory Facilities - Establishes an independent Energy Laboratory Facilities Commission to privatize and reduce energy laboratories and programs. Prescribes procedural guidelines. (Sec. 205) Establishes the Energy Laboratory Facility Closure Account to fund implementation of such guidelines. Title III: Privatization of Federal Power Marketing Administrations - Federal Power Asset Privatization Act of 1997 - Directs the Secretary of Energy to sell, at the highest possible price, all Federal electric power generation and transmission facilities supervised by, or coordinated with, the Federal Power Marketing Administrations (except the Bonneville Power Administration (BPA)). Restricts such sales to domestic entities or U.S. citizens. Requires the Secretary to terminate Federal Power Marketing Administration operations (except BPA operations) upon completion of the sales. Directs the Secretary to retain a private sector firm through a competitive bidding process to serve as financial advisor with respect to such sales. Expresses the sense of the Congress that the purchaser of any such facilities should offer to employ former Federal Power Marketing Administration personnel. Mandates that sale proceeds be deposited into the Treasury. Sets forth a sales completion deadline for each Power Marketing Administration concerned. (Sec. 305) Mandates that the pertinent sales agreements require each purchaser providing electric power to customers within any region to insure that the price of electric power does not increase above the baseline price at a rate greater than ten percent annually. (Sec. 306) Directs the Federal Energy Regulatory Commission (FERC) to issue to the purchaser of a hydroelectric generation facility a ten-year original license under the Federal Power Act to insure that the project will continue operations under the same conditions as were applicable prior to the sale. Grants FERC Federal Power Act jurisdiction over any such facility sold. (Sec. 307) Amends the Energy and Water Development Appropriations Act of 1993 to repeal the prohibition against the use of appropriated funds for studies regarding a changeover from an "at cost" to a "market rate" or other noncost-based methodology for pricing hydroelectric power. (Sec. 308) Transfers to the Secretary of the Interior all DOE functions affecting the BPA. Instructs the Secretary to study and report to the Congress on the most cost-effective option of disposing of the BPA. Title IV: Transfer and Disposal of Reserves - Transfers to the Secretary of the Interior all former DOE functions affecting the Strategic Petroleum Reserve. Instructs the Secretary to: (1) sell the reserves held at Weeks Island, Louisiana; and (2) appoint an advisory board to monitor the sale of such reserves and report to the Congress on whether the United States should maintain or dispose of the Strategic Petroleum Reserve. (Sec. 402) Transfers to the Administrator of the Energy Programs Resolution Agency all functions performed with respect to the naval petroleum reserves, except Naval Petroleum Reserve Numbered 1 (Elk Hills). Instructs the Administrator to: (1) obtain the highest possible price for the naval petroleum reserves; and (2) develop a joint plan with the Secretary of the Interior for disposal of the naval petroleum reserves within a specified timeframe. Title V: National Security and Environmental Management Programs - Subtitle A: Defense Nuclear Programs Agency - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs with primary responsibility for defense nuclear programs. (Sec. 504) Transfers to the Under Secretary all supervisory functions previously performed by: (1) DOE over Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) Defense Special Weapons Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board. Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary. (Sec. 505) Places restrictions upon the transfer of funds by the Agency. (Sec. 508) Requires the Energy Laboratory Facilities Commission to transmit recommendations to the Congress for a civilian entity that should perform the functions previously performed by DOE relating to the naval nuclear propulsion program. Precludes Commission consideration of the Defense Nuclear Programs Agency or any other entity within DOD. Subtitle B: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities consistent with this Act. (Sec. 521) Sets forth guidelines for site-specific risk assessment, including a cost-benefit analysis of risk reduction, before the selection of a remedial action at a defense nuclear facility. (Sec. 523) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency, and the relevant State in order to have it reflect this Act. Title VI: Disposition of Miscellaneous Particular Programs, Functions, and Agencies of Department - Limits authorizations for enumerated energy research and development programs through FY 2002. (Sec. 601) Directs the Energy Laboratory Facilities Commission to identify for the Congress all DOE research and development activities carried out at energy laboratories or institutions of higher education that perform a critical research function important to the long-term economic well-being of the United States. Directs the Secretary of Energy to terminate all DOE clean coal technology research and development activities. Authorizes appropriations for DOE fossil energy and energy conservation research and development activities. Terminates such activities 1at the end of FY 2000. Transfers from DOE to DOD specified weapons and defense activities. (Sec. 602) Transfers to the Department of the Treasury all functions performed by the Energy Information Administration (EIA). Authorizes appropriations for the EIA. Transfers to the Attorney General all functions performed by the Energy Regulatory Administration. Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer to the Army Corps of Engineers (the Corps) its authority and assets with respect to a repository for radioactive waste and spent nuclear fuel. Requires: (1) the Corps to assume all obligations of the Office affecting the Yucca Mountain site; and (2) reissuance of Nevada State permits for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan. (Sec. 702) Amends the Nuclear Waste Policy Act of 1982 to reaffirm that the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning by January 31, 1998, is absolute and is not dependent on commencement of operation of a repository or a monitored retrievable storage facility. States that such obligation shall be neither voided nor delayed for any reason. Repeals: (1) the site selection limitation placed upon the siting of a monitored retrievable storage facility; and (2) the licensing conditions placed upon such facility. (Sec. 703) Prescribes procedural guidelines for the licensing and expansion of an initial uranium storage facility. Title VIII: Miscellaneous Provisions - Authorizes the Office of Management and Budget to make any determination regarding functions transferred under this Act and incidental transfers.
United States · United States Congress · 8 May 1997
Amends the Internal Revenue Code to increase the dollar limitation on the cost of property which may be expensed by businesses as depreciable assets. Increases the amount of such property that may be placed in service at which phaseout begins. Increases the limitation on the depreciation deduction for certain automobiles.
United States · United States Congress · 8 May 1997
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to the dictates of conscience, the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed; and (2) the Government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.
United States · United States Congress · 6 May 1997
Private Property Rights Implementation 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 · 6 May 1997
Community Broadcasting Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the availability of such license. Defines as a qualifying LPT station one which in the 90 days preceding enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast for at least three hours weekly programming that was produced within the community of license of such station; and (3) complied with other requirements applicable to LPT stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) no licensee of a class A television station shall be required to cease operations, or have a license rescinded or terminated, due to the implementation of amendments to the table of allotments adopted before the enactment of this Act. Allows the FCC to order such a cessation, rescission, or termination only after compliance with specified requirements.
United States · United States Congress · 1 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 · 1 May 1997
Cost of Higher Education Review Act of 1997 - Establishes a National Commission on the Cost of Higher Education to study and make recommendations to the President and the Congress regarding: (1) the increase in tuition compared with other commodities and services; (2) innovative methods of reducing or stabilizing tuition; (3) the impact on tuition of specified trends in college and university costs, student financial aid, and government mandates and fiscal policies; (4) mechanisms for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities; and (5) the adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (Sec. 6) Authorizes appropriations.
United States · United States Congress · 1 May 1997
Amends the Tariff Act of 1930, with respect to the imposition of countervailing duties, to treat as noncountervailable subsidies any pricing practices or tenure arrangements for the sale of softwood timber grown on publicly owned lands, as well as log export restrictions.
United States · United States Congress · 1 May 1997
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 90 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 · 30 April 1997
Customs Enforcement and Market Access Act of 1997 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. (Sec. 3) Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. (Sec. 4) Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines levied under this Act, and whose amounts shall be available: (1) to the Office of Textiles, Apparel, and Consumer Goods of the Department of Commerce to provide funds for the American Textile Partnership the Textile-Clothing Technology Center, the National Textile Center, and the Garment Industry Development Center; (2) for adjustment assistance for firms in the textile and apparel industry that have been adversely affected by textile and apparel imports; and (3) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. (Sec. 5) Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. States the sense of the Congress that any agreement negotiated with a non-WTO country which already has a textile agreement with the United States should permit imports of textile and apparel products of that country, during each 12-month period, to increase by not more than the percentage of growth in the U.S domestic market for all textile and apparel products in the preceding 12-month period. Specifies provisions for inclusion in the accession protocol of countries acceding to the WTO. (Sec. 6) Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a bilateral textile import agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. (Sec. 7) Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. (Sec. 10) Directs the Commissioner of Customs to establish a Division on Textile Enforcement. (Sec. 11) Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; or (3) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 30 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 · 30 April 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
![Official portrait of Sen. Graham, Lindsey [R-SC]](https://www.congress.gov/img/member/29c09ee2f48f20442f562980da6579ba_200.jpg)