United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
United States · United States Congress · 12 February 1998
Leveraging Educational Assistance Partnership Act - Amends the Higher Education Act of 1965 to extend through FY 2003 the authorization of appropriations for Grants to States for State Student Incentives (SSI grants). Establishes a Special Leveraging Educational Assistance Partnership Assistance Program of grants to States for the following activities on behalf of eligible students who demonstrate financial need: (1) increased dollar amounts for SSI grant awards; (2) transition programs from secondary school to postsecondary education; (3) community service programs; (4) a scholarship program for such students who wish to enter teaching; (5) early intervention programs, mentoring programs, and career education programs; and (6) merit or academic scholarships. Sets the Federal share at one-third of the cost of authorized activities.
United States · United States Congress · 12 February 1998
Amends title XIX (Medicaid) of the Social Security Act to exempt disabled individuals from required enrollment with a managed care entity under the Medicaid program. Makes this Act effective as if included in the enactment of the Balanced Budget Act of 1997.
United States · United States Congress · 12 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to delay from FY 1998 to FY 1999 the effective date of the per beneficiary limits under the interim payment system for home health agencies. Changes from FY 1994 to FY or (at the home health agency's election) calendar 1995 the base year for calculating new payment rates under the system for cost reporting periods beginning on or after October 1, 1998.
United States · United States Congress · 11 February 1998
Declares that the Congress: (1) honors the proud history of Wisconsin statehood; and (2) encourages all Wisconsinites to reflect on the State's distinguished past and look forward to the State's promising future.
United States · United States Congress · 9 February 1998
Amends the Communications Act of 1934 to require that, in order for a telecommunications carrier to verify a subscriber's selection of a telephone exchange or toll service provider, such carrier shall, at a minimum, require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm the subscriber's authority to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; (5) acknowledge that the individual making such communication is the subscriber; and (6) provide any other such information as considered appropriate for the subscriber's protection. Requires Federal Communications Commission (FCC) selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of service in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as considered appropriate by the FCC. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier selected by a subscriber to notify the subscriber in writing not more than 15 days after such selection, and to include the name of the individual who authorized such change. Provides for the prompt resolution of complaints concerning an unauthorized change. Requires the FCC to provide a simplified process for resolving such complaints, and authorizes the FCC to award damages in the amount of $500 or the actual damages, if greater. Provides penalties for violations of this section and authorizes the FCC to collect fines and damages. Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaged in a practice of changing service providers without subscriber authority. Gives Federal courts exclusive jurisdiction over such actions. Requires the FCC to be notified of any such action. Directs the FCC to issue a report on the telemarketing practices used by carriers to solicit subscriber service changes. Authorizes the FCC to initiate a rulemaking to prohibit the use of any practices found to likely mislead, deceive, or confuse subscribers.
United States · United States Congress · 9 February 1998
Amends the Communications Act of 1934 to prohibit universal telecommunications services from being provided to any elementary or secondary school unless its administrator has certified to the Federal Communications Commission (FCC) that it has selected and installed a system for computers with Internet access which filters or blocks matters deemed inappropriate for minors. Prohibits such service with respect to a library having Internet access unless it certifies that it employs such a filtering or blocking system on one or more of its computers. Requires a library to notify the FCC within ten days after changing or terminating such a system. Requires the determination of what shall be considered inappropriate for minors to be made by the appropriate school, school board, library, or other responsible authority, without Federal interference.
United States · United States Congress · 4 February 1998
Next Generation Internet Research Act of 1998 - Declares the purposes of this Act to be to: (1) serve as the first authorization in a series of computing, information, and communication technology initiatives outlined in the High-Performance Computing Act of 1991 (HPCA); and (2) provide for the development and coordination of a comprehensive and integrated U.S. research program on computer network infrastructure, high-speed data access, and networking technology. Directs the Advisory Committee on High-Performance Computing and Communications, Information Technology, and the Next Generation Internet (created under the HPCA) to assess the extent to which: (1) the Next Generation Internet program (program) carries out the purposes of this Act and addresses concerns relating to geographic penalties (costs imposed on Internet users in rural or small population areas that are greater than those imposed on users in large population areas or areas closer to network facilities) and technology transfer to and from the private sector; and (2) the role of each Federal department and agency involved in implementing the program is clear, complementary, and non-duplicative, as well as the extent to which each such department and agency concurs with the role of each other participating department or agency. Requires the Advisory Committee to assess program implementation and report at least annually to the President and specified congressional committees. Authorizes appropriations for FY 1999 and 2000 for the program.
United States · United States Congress · 4 February 1998
Bulletproof Vest Partnership Act of 1998 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States, local governments, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have a violent crime rate at or above the national average and that have not been providing each law enforcement officer assigned to patrol or other hazardous duties with body armor. Sets forth provisions regarding matching funds and allocation of funds, applications, and reimbursement of funds. Prohibits any State, local government, or Indian tribe that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. Authorizes appropriations.
United States · United States Congress · 4 February 1998
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, to repeal a specified restriction on Medicare payment for certain hospital discharges to post-acute care.
United States · United States Congress · 29 January 1998
Deficit Integrity Act - Excludes the receipts and disbursements of the social security, Federal military retiree, highway, Medicare, civil service retirement, unemployment, and airports trust funds and any other Federal trust fund included in the gross Federal debt from the Federal budget baseline for any fiscal year. Prohibits such funds from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of offsetting any tax decrease or spending increase.
United States · United States Congress · 29 January 1998
Pay-as-you-go Extension Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that pay-as-you-go requirements shall be effective until the Federal budget, excluding the receipts and disbursements of the social security trust funds and any other Federal trust fund included in the gross Federal debt, is in balance or surplus.
United States · United States Congress · 28 January 1998
Medicare Venipuncture Assessment Act of 1998 - Amends the Balanced Budget Act of 1997 to place an 18-month moratorium on the prohibition against payment for home health services consisting of venipuncture solely for purposes of obtaining a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act. Requires the report on the definition of homebound to include specific legislative recommendations to reduce waste, fraud, and abuse (if any) in the determination of whether an individual is homebound without jeopardizing the Medicare services provided to beneficiaries with serious medical conditions.
United States · United States Congress · 28 January 1998
Condemns the continued threat to international peace and security posed by Iraq's refusal to meet its international obligations and end its weapons of mass destruction programs. Urges the President to: (1) take all necessary and appropriate actions to respond to such threat; and (2) work with the Congress in furthering a long-term policy aimed at definitively ending such threat.
United States · United States Congress · 10 November 1997
NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), renegotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1998. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) overall trade balance between each NAFTA Party (United States, Canada, and Mexico) (by the Secretary of Commerce); (2) currency values (by the Secretary of the Treasury); (3) gains in U.S. jobs and living standards (by the Secretary of Labor); (4) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (5) flow of illegal drugs from Mexico and Canada (by the Attorney General); (6) NAFTA Party democracy and human freedoms (by the President); (7) U.S. agriculture (by the Secretary of Agriculture); and (8) compliance with U.S. transportation safety standards by Mexican commercial trucks or buses coming into the United States (by the Secretary of Transportation). Requires the President to renegotiate, in specified ways, the terms of NAFTA to: (1) correct trade deficits, currency distortions, loss of U.S. jobs, and agricultural tariff and quota provisions; and (2) ensure the safety of the public health and the environment, provide effective drug interdiction, and ensure compliance with certain U.S. transportation standards. Directs the President to consult regularly with the Congress regarding such renegotiations and certifications. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.
United States · United States Congress · 8 November 1997
Harmful Algal Bloom Research and Control Act of 1997 - Authorizes appropriations to the Secretary of Commerce for research, eradication, and control of harmful algal blooms.
United States · United States Congress · 8 November 1997
Immunosuppressive Drugs Coverage Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the time limitation on Medicare benefits for immunosuppressive drugs under the Medicare program; (2) continue the entitlement of certain individuals to payments for such drugs after Medicare benefits end; and (3) extend without time limit certain Medicare secondary payer requirements with regard to such drugs for individuals with end stage renal disease.
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VI: Provisions Relating to Tobacco-Related Civil Actions Title VII: Public Disclosure of Health Research Title VIII: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title IX: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating them a class II device) and exclude them from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after that if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, upon determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1)drugs and devices that endanger health when used as directed; (2) banned devices; (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations that tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 402) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for other expenses relating to treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action in the amount of any award that represents punitive damages. (Sec. 405) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 412) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 413) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 414) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 512) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 513) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 522) Requires States to report annually on tobacco use reduction. (Sec. 523) Presumes that a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VI: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 602) Regulates authorized actions relating to conduct before the effective date of this Act, including punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 603) Regulates actions relating to conduct after enactment of this Act. (Sec. 604) Makes this title inapplicable to nonsignatories. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title VIII: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the LEAF Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 812) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 824) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 832) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title IX: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the FDCA to Indian country. (Sec. 903) Allows State and local governments, to the extent not inconsistent with this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.
United States · United States Congress · 7 November 1997
Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete. Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers.
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: National Tobacco Settlement Trust Fund Title V: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VII: Provisions Relating to Tobacco-Related Civil Actions Title VIII: Public Disclosure of Health Research Title IX: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title X: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating each a class II device) and exclude each from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after then if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, on determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1) drugs and devices that endanger health when used as directed; (2) banned devices, (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund. Transfers to the Fund surcharges under section 205, payments under section 402, and fines and penalties under section 403. Authorizes appropriations to the Fund, as repayable advances, as necessary to carry out title V and for Food and Drug Administration costs incurred in implementing and enforcing requirements relating to tobacco products. (Sec. 402) Requires each Protocol signatory (see section 612) to make payments to the Fund on enactment of this Act and annually over 25 years. Provides for amount calculations. Requires payors to annually adjust tobacco product prices to reflect the payments. Makes payments ordinary and necessary business expenses for purposes of certain Internal Revenue Code provisions and declares them deductible in the year paid. (Sec. 403) Imposes a penalty on the failure of a signatory to make any required payment. Title V: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 502) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action of the amount of any award that represents punitive damages. (Sec. 505) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 512) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 513) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 514) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - (Sec. 511) Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including regarding manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 612) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 613) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 622) Requires States to report annually on tobacco use reduction. (Sec. 623) Presumes a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VII: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 702) Regulates allowed actions relating to conduct before the effective date of this Act, including regarding punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 703) Regulates actions relating to conduct after enactment of this Act. (Sec. 704) Makes this title inapplicable to nonsignatories. Title VIII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title IX: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the Leaf Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 912) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 924) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 932) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title X: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act to Indian country. (Sec. 1003) Allows State and local governments, to the extent not inconsistent with the purposes of this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.
United States · United States Congress · 7 November 1997
Clinical Research Enhancement Act of 1997 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) support and expand the NIH's involvement in clinical research; (2) support and expand the resources available for the clinical research community; and (3) establish peer review mechanisms. (Sec. 4) Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement; (2) support individual careers in clinical research at general clinical research centers or other institutions (to be known as clinical research career enhancement awards); (3) support individual clinical research projects at general clinical research centers or other institutions (to be known as innovative medical science awards); and (4) support individuals pursuing master's or doctoral degrees in clinical investigation (to be known as graduate training in clinical investigation awards). Authorizes appropriations. (Sec. 5) Increases the limit on the aggregate number of scholarship (regarding professions needed by the NIH) and loan repayment (regarding clinical researchers from disadvantaged backgrounds) contracts under specified provisions. Modifies the loan repayment program to: (1) remove current references to disadvantaged backgrounds; and (2) require a period of service in a general clinical research center, in clinical NIH research, or as a physician receiving a clinical research career enhancement award, an innovative medical science award, or a graduate training in clinical investigation award (currently, a period of service as an NIH employee). Requires that at least 50 percent of the loan repayment contracts involve individuals from disadvantaged backgrounds. Authorizes appropriations to carry out the loan repayment provisions.
United States · United States Congress · 6 November 1997
Short ISTEA Extension Act - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to provide for six-month extensions of the authorization of appropriations for National Highway Transportation Safety Administration highway safety programs, alcohol-impaired driving countermeasures, the national driver register, and for the motor carrier safety program.
United States · United States Congress · 5 November 1997
Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month.
United States · United States Congress · 4 November 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan. Declares that such benefit reductions shall be equal to the amount by which two-thirds of the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $1,200, adjusted for inflation.
United States · United States Congress · 3 November 1997
FAA Research, Engineering, and Development Authorization Act of 1997 - Amends Federal transportation law to authorize FY 1998 appropriations for specified aviation programs. Directs the Administrator of the Federal Aviation Administration (FAA) to establish a grant program to utilize undergraduate and technical colleges in research on subjects of relevance to the FAA. Sets forth criteria for the award of such grants. Authorizes appropriations for such grants, but limits the FY 1998 authorization for the FAA Research, Engineering, and Development account to sums specified by this Act. Expresses the sense of the Congress that the FAA should: (1) give priority to correcting all two-digit date-related problems in its computer systems to ensure its continued operation in the year 2000 and beyond; and (2) develop contingency plans for FAA systems it is unable to correct in time.
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 28 October 1997
Technology Administration Authorization Act for Fiscal Years 1998 and 1999 - Authorizes appropriations to the Department of Commerce for the: (1) Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology; (2) construction and maintenance of Institute facilities; (3) activities of Under Secretary for Technology, the Office of Technology Policy, and the Office of Air and Space Commercialization; and (4) industrial technology services activities of the Institute. (Sec. 6) Amends the National Institute of Standards and Technology Act respecting the Advanced Technology Program (ATP) to, among other things: (1) require each applicant for a contract or award to certify that the applicant has made an effort to secure private market funding for the research project involved; (2) permit a large business to participate in a research project that is the subject of a contract or award only as a member of a joint venture that includes one or more small businesses as members; and (3) authorize the Secretary of Commerce to vest title to tangible personal property in any recipient of financial assistance under specified conditions. (Sec. 7) Amends the National Institute of Standards and Technology Act to revise requirements for the extension of Federal financial assistance to Regional Centers for the Transfer of Manufacturing Technology under the Manufacturing Extension Partnership Program. (Sec. 8) Amends the Stevenson-Wydler Technology Innovation Act of 1980 respecting the Malcolm Baldrige National Quality Award to expand the list of categories for awards. (Sec. 9) Prohibits funds authorized by this Act or any other Act enacted before the date of enactment of this Act from being used for the Next Generation Internet, with the exception of funds that may be used for the continuation of the programs and activities related to Next Generation Internet that were funded and carried out during FY 1997. (Sec. 11) Expresses the sense of the Congress on the Year 2000 problem. (Sec. 12) Expresses the sense of the Congress that the Director should donate educationally useful Federal equipment to schools to enhance the science and mathematic programs of those schools. Mandates annual reports to the President. (Sec. 13) Amends the National Institute of Standards and Technology Act to establish within the Institute a teacher science and technology enhancement program to provide for the professional development of mathematics and science school teachers. (Sec. 14) Requires a joint study by the National Academy of Science and the National Academy of Engineering to review the effectiveness of the ATP. (Sec. 15) Establishes within the Department an Office of Air and Space Commercialization to be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department. (Sec. 16) Establishes the Experimental Program to Stimulate Competitive Technology (EPSCoT) to strengthen the technological competitiveness of States that have historically received less Federal research and development funds than those received by a majority of the States. Directs the Secretary, acting through the Under Secretary, to: (1) enter into arrangements for the coordination of EPSCoT through the State committees established under the Experimental Program to Stimulate Competitive Research (EPSCoR) of the National Science Foundation; and (2) cooperate with any State science and technology council established under EPSCoR and representatives of small business firms and other technology-based businesses. Requires: (1) a specified report; and (2) an evaluation of the EPSCoT program.
United States · United States Congress · 28 October 1997
Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by certified nurse practitioners and clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual: (1) licensed as a registered nurse to practice in the State where the clinical nurse specialist services are performed; and (2) holding a master's degree in a defined area of clinical nursing from an accredited educational institution.
United States · United States Congress · 24 October 1997
Expresses the Senate's support for: (1) the presidential efforts to achieve removal of Japanese port restrictions; and (2) vigilant, continued monitoring and enforcement by the Federal Maritime Commission of changes in port practices promised by the Japanese Government that will benefit international trade.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 23 October 1997
TABLE OF CONTENTS: Title I: Tobacco Community Revitalization Trust Fund Title II: Agricultural Market Transition Assistance Title III: Farmer and Worker Transition Assistance Title IV: Immunity Long-Term Economic Assistance for Farmers Act or the Leaf Act - Title I: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 102) Sets forth tobacco manufacturer and importer Fund assessment provisions. Title II: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 204) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Title III: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 302) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Title IV: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation.
United States · United States Congress · 22 October 1997
TABLE OF CONTENTS: Title I: Assistance for Young Children Title II: Child Care for Families Title III: Amendments to the Head Start Act Early Childhood Development Act of 1997 - Title I: Assistance for Young Children - Directs the Secretary of Health and Human Services to make allotments to eligible States to pay for the Federal share of the cost of enabling them to make competitive grants to local collaboratives for young child assistance activities. Requires the Governor of each State to establish or designate a State Early Learning Coordinating Board to make such grants. Authorizes appropriations. Title II: Child Care for Families - Amends the Child Care and Development Block Grant Act of 1990 to establish a Zero-to-Six program of formula payments to States for child care assistance on behalf of children under six years of age. Makes appropriations for such grants. Title III: Amendments to the Head Start Act - Amends the Head Start Act to extend the authorization of appropriations and revise requirements for allotment of funds.
United States · United States Congress · 21 October 1997
Declares the annual memorial service sponsored by the National Emergency Medical Services Memorial Service Board of Directors to honor emergency medical services personnel who have died in the line of duty to be the National Emergency Medical Services Memorial Service.
United States · United States Congress · 9 October 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 8 October 1997
Directs the Secretary of Defense to ensure that any program to make prescription pharmaceuticals available by mail to covered beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) does not exclude covered beneficiaries who are also entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Appropriations; Authorized Levels Title II: Coast Guard Management Title III: Marine Safety and Environmental Protection Title IV: Miscellaneous Coast Guard Authorization Act for Fiscal Years 1998 and 1999 - Title I: Appropriations; Authorized Levels - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges constituting obstructions to navigation and for personnel and administrative costs associated with the bridge alteration program; and (6) environmental compliance and restoration at Coast Guard facilities. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Coast Guard Management - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. Allows the Secretary of the Service (sic) in which the Coast Guard is operating to determine that the discharge or separation conditions of an officer receiving other than an Honorable Discharge do not warrant severance pay. (Sec. 202) Authorizes the Coast Guard Commandant to rent or lease vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery. (Sec. 203) Authorizes the Commandant to use up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base. (Sec. 204) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts. (Sec. 205) Authorizes the Commandant to provide for honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations. (Sec. 206) Sets forth requirements for the Coast Guard to transfer ownership of personal property to the Coast Guard Auxiliary. Title III: Marine Safety and Environmental Protection - Amends Federal law (relating to suspension and revocation of licenses, certificates of registry, or merchant mariner's documents) to mandate procedures ensuring that, after a serious marine incident, alcohol testing of crew members responsible for the operation or other safety-sensitive functions of the vessel(s) involved is conducted within two hours after the incident is stabilized. Increases the first-violation civil penalty dollar limit regarding operating a vessel under the influence of alcohol or a dangerous drug. (Sec. 302) Prohibits, for one year after the detention, using a vessel to transport U.S. Government-sponsored cargoes if the vessel has been detained for violation of an international safety convention. Allows a case-by-case exemption if the owner of a vessel provides compelling evidence of current compliance. (Sec. 303) Shields marine casualty investigation reports from public disclosure requirements in the same circumstances as are applicable generally to Federal agencies. (Sec. 304) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress by the Interagency Committee Coordinating Committee on Oil Pollution. (Sec. 305) Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. (Sec. 306) Expands the authority of Coast Guard civilian special agents to include serving process and making arrests. Title IV: Miscellaneous - Amends Federal law relating to vessels and seamen to remove a requirement that, in order to be eligible for documentation, a vessel must not be titled in a State. Declares that a documented vessel shall not be titled or required to display numbers (under provisions relating to numbering undocumented vessels) and requires surrender of any State title certificate issued for a documented vessel (but only if the mortgagee consents to the surrender). Modifies: (1) the circumstances in which a secured indebtedness may have any rate of interest agreed to by the parties; and (2) the steps a mortgagee may take on default of a preferred mortgage. Gives district courts original jurisdiction (exclusive of State courts) over certain preferred mortgage default actions regarding a vessel titled in a State. (Sec. 402) Authorizes conveyance, without consideration, of: (1) the Coast Guard Communication Station Boston Marshfield Receiver Site, Massachusetts, to the Town of Marshfield, Massachusetts; (2) the Coast Guard Recreation Facility Nahant, Massachusetts, to the Town of Nahant; (3) the Eagle Harbor Light Station, Michigan, to the Keweenaw County Historical Society; (4) the Coast Guard station Ocracoke, North Carolina, to the ferry division of the North Carolina Department of Transportation; and (5) the Long Branch Rear Range Light, Jacksonville, Florida, to the University of Jacksonville, Florida. (Sec. 407) Recognizes the community of Grand Haven, Michigan, as "Coast Guard City, USA."
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 29 September 1997
TABLE OF CONTENTS: Title I: Highway Safety Title II: Hazardous Materials Transportation Reauthorization Title III: Sanitary Food Transportation Title IV: Rail and Mass Transportation Anti-Terrorism Title V: Rail and Mass Transportation Safety Title VI: Motor Carrier Safety Subtitle A: State Grants and Other Commercial Vehicle Programs Subtitle B: Motor Carrier Safety Act of 1997 Title VII: Research Subtitle A: Programs and Activities Subtitle B: Intelligent Transportation Systems Title VIII: Boating Safety Highway and Surface Transportation Safety Act of 1997 - Amends Federal transportation law to authorize the Secretary of Transportation to provide for awards to individuals and organizations that significantly contribute to Department of Transportation (DOT) programs, missions, or operations, including State and local governments, transportation unions, and commercial and nonprofit organizations. Title I: Highway Safety - Amends requirements for highway safety programs. Requires the Secretary to make safety incentive grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from persons driving under the influence of alcohol. Specifies requirements for such programs, including: (1) driver's license suspension or revocation systems; (2) three-stage graduated licensing; (3) nondiscriminatory vehicle-stopping to determine alcohol influence; and (4) certain alcohol-impaired driving countermeasures. Establishes incentive programs to: (1) improve data systems and identify priorities for State and local highway and traffic safety programs; and (2) increase safety belt and child safety seat use. Requires the Secretary to carry out safety research on, among other things, measures that may deter drugged driving. (Sec. 102) Revises the National Driver Register (NDR) statute to: (1) authorize the Secretary to enter into an agreement with an organization representing State interests to manage, administer, and operate NDR's computer timeshare and user assistance functions; (2) extend participation to specified other Federal departments or agencies; and (3) allow Federal agencies authorized to receive NDR information to make their requests and receive the information directly from NDR. (Sec. 103) Authorizes appropriations out of the Highway Trust Fund (HTF) for: (1) consolidated State highway safety programs; (2) National Highway Traffic Safety Administration operations and research; and (3) NDR. (Sec. 104) Authorizes the Secretary and the Administrator of the Environmental Protection Agency (EPA) to participate in the development of an international compendium of national motor vehicle standards, including both safety and environmental standards. Authorizes the Secretary or the Administrator to promote international cooperative programs for conducting research, development, demonstration projects, training, and other forms of technology transfer and exchange to enhance international motor vehicle safety, and provide technical assistance to other countries relating to their adoption of U.S. Federal standards for vehicles. Authorizes the Secretary and the Administrator of EPA to participate in international negotiations and agree to harmonized rules for vehicular safety and environmental pollution if certain conditions are met. (Sec. 108) Directs the Secretary to develop a program to notify U.S. dealers and distributors that Federal law prohibits the sale or delivery of a schoolbus that does not meet certain Federal motor vehicle safety standards. Title II: Hazardous Materials Transportation Reauthorization - Hazardous Materials Transportation Safety Reauthorization Act of 1997 - Repeals the Secretary's authority to prescribe criteria for handling hazardous material. (Sec. 205) Changes from discretionary to mandatory the Secretary's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous materials in order to pay for the costs of processing such statements. (Sec. 206) Directs the Secretary to implement a pilot program to evaluate the use of automated carrier assessment programs for carriers of certain hazardous materials. (Sec. 209) Directs the Secretary (currently, the Director of the Federal Emergency Management Agency) to monitor public sector emergency response planning and training for an accident involving hazardous material. Authorizes the Secretary to allow a State or Indian tribe receiving a planning and training grant to use up to 25 percent of the grant amount to assist small businesses in complying with regulations for the safe transportation of hazardous material. (Sec. 211) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with a person, U.S. agency, State or local government, Indian tribe, foreign government, educational institution, or other entity to further research, development, demonstration, risk assessment, emergency response planning and training activities with respect to the transportation of hazardous materials. (Sec. 212) Authorizes officers, employees, or agents of the Secretary to: (1) inspect and examine packages in transport when they are marked as containing a hazardous material, or when there is a reasonable belief that such a package may contain such material; and (2) prevent, when there is a reasonable belief that an imminent hazard may exist, the further transportation of the hazardous material until the hazardous qualities of such material have been determined. (Sec. 213) Revises penalties for violations of a regulation, order, special permit, or approval in connection with the transportation of a hazardous material to: (1) increase the maximum civil penalty to not more than $27,500 for each violation; and (2) provide for a fine, or imprisonment for not more than 20 years, or both for violations which lead to the release of a hazardous material (aggravated violations). (Sec. 215) Authorizes a person with a substantial interest in a final enforcement order issued in connection with the transportation of a hazardous material to petition for review in the appropriate court. (Sec. 216) Directs the Secretary to conduct a study to: (1) determine the safety benefits of implementing a Federal permit program for high risk hazardous material carriers; (2) examine the safety benefits of increased monitoring of high risk hazardous material carriers, and the costs, benefits, and procedures of existing State permit programs; and (3) assess the potential of advanced technologies for improving the assessment of high risk hazardous material carrier's compliance with motor carrier safety regulations. (Sec. 217) Authorizes appropriations. Earmarks certain funds for: (1) training the public sector to respond to accidents involving the transportation of hazardous materials; and (2) hazardous material emergency response planning and training grants to States and Indian tribes. Title III: Sanitary Food Transportation - Sanitary Food Transportation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act to deem as adulterated any food transported under unsanitary conditions. (Sec. 303) Directs the Secretary to establish by regulation sanitary transportation practices (subject to waiver) which shippers, carriers, receivers, and other persons engaged in the transportation of food shall follow to ensure that such food will not become adulterated during transportation. Authorizes the Secretary, by publication in the Federal Register, to establish a list of nonfood products that may, if shipped in a tank or bulk vehicle, or motor or rail vehicle, adulterate any food transported subsequently in such vehicle. (Sec. 304) Amends Federal transportation law to revise sanitary food transportation requirements to direct the Secretary to establish transportation safety inspection procedures to identify suspected incidents of contamination or adulteration of food, and to train Department of Transportation (DOT) personnel in the use of such procedures. Directs the Secretary to notify the Secretary of Health and Human Services or the Secretary of Agriculture of any instances of potential food contamination or adulteration of food identified during such inspections. Title IV: Rail and Mass Transportation Anti-Terrorism - Transportation Anti-Terrorism Act of 1997 - Amends the Federal criminal code to prohibit the use of firearms, dangerous weapons, and propelling objects against railroad trains and mass transportation. (Sec. 405) Requires the Federal Bureau of Investigation to lead the investigation of all such offenses (including existing offenses under the "Wrecking Trains" statute). Title V: Rail and Mass Transportation Safety - Amends Federal transportation law to require the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues when making mass transportation grants or loans to commuter railroads that are under the Secretary's railroad safety jurisdiction. (Sec. 502) Changes the frequency with which rail carriers must file accident and incident reports with the Secretary from monthly to periodically. (Sec. 503) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through January 1, 2003, the temporary exemption from certain axle weight limitations to any intrastate public agency transit passenger bus using the Dwight D. Eisenhower System of Interstate and Defense Highways. Title VI: Motor Carrier Safety - Subtitle A: State Grants and Other Commercial Vehicle Programs - Provides for performance-based grants to States for: (1) improving motor carrier safety; and (2) enforcing regulations for hazardous materials transportation safety. Requires State plans under such grants to implement performance-based activities by FY 2000. (Sec. 603) Makes 100 percent the Federal share of public education activities with respect to commercial motor vehicle safety programs and enforcement. (Sec. 604) Provides funding for commercial motor vehicle safety programs for FY 1998 through 2003. (Sec. 605) Authorizes the Secretary to establish motor carrier information systems and data analysis programs to support motor carrier regulatory and enforcement activities. Requires such information systems, in cooperation with the States, to be coordinated into a network providing identification of motor carriers and drivers, registration and licensing tracking, and motor carrier and driver safety performance. Requires the Secretary to develop and maintain data analysis capacity and programs to provide the means: (1) to develop strategies to address safety problems and to use data analysis to measure the effectiveness of these strategies and related programs; (2) to determine the cost effectiveness of State and Federal safety compliance, enforcement programs, and other countermeasures; (3) to evaluate the safety fitness of motor carriers and drivers; (4) to identify and collect necessary data; and (5) to adapt, improve, and incorporate other information and information systems as deemed appropriate by the Secretary. Authorizes the Secretary to include, as part of the DOT motor carrier safety information network system, a Performance and Registration Information Systems Management information system to serve as a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles and the safety system of the commercial motor vehicle registrants or the motor carriers operating the vehicles. Authorizes the Secretary to establish a program focusing on improving commercial motor vehicle driver safety. (Sec. 606) Authorizes FY 1998 through 2003 appropriations for information systems and strategic safety initiatives. Repeals the existing truck and bus accident grant program. Subtitle B: Motor Carrier Safety Act of 1997 - Motor Carrier Safety Act of 1997 - Amends commercial vehicle safety law to abolish the Commercial Motor Vehicle Safety Regulatory Review Panel (effectively making the Secretary the primary one to review State laws or regulations on commercial motor vehicle safety). (Sec. 652) Repeals the requirement for State submission of commercial motor vehicle safety laws and regulations to the Secretary for review, including the mandate for the Commercial Motor Vehicle Safety Regulatory Review Panel. Revises safety fitness provisions to prohibit motor carriers (including motor carriers that transport hazardous material or more than 15 passengers) who fail to meet certain safety fitness requirements from operating in interstate commerce. Authorizes an commercial motor carrier employee, in conjunction with other remedies, to bring a civil action in district court to enforce an order by the Secretary of Labor that such employee had been discharged, disciplined, or discriminated against for filing a complaint related to a violation of a commercial motor vehicle safety regulation. (Sec. 653) Repeals grant programs for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing commercial drivers' licenses and complying with State participation requirements. Declares that no action for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against: (1) a motor carrier requesting such records of an individual under consideration for employment as a commercial motor vehicle driver; (2) a person who has complied with such request; or (3) the agents or insurers of such persons. (Sec. 654) Revises civil penalties for violations of certain commercial motor vehicle safety and recordkeeping requirements. Subjects to both civil and criminal penalties a person who knowingly aids, abets, counsels, or procures a violation of such requirements. (Sec. 655) Repeals the mandate for a working group of State and local government officials with respect to the International Registration Plan and International Fuel Tax Agreement. Repeals the authority for grants to States and appropriate persons to facilitate participation in such Plan and Agreement, as well as the authorization of appropriations for the program. (Sec. 656) Directs the Secretary to conduct a study to determine the adequacy of parking facilities that could be used by motor carriers to comply with Federal hours-of-service rules. Title VII: Research - Subtitle A: Programs and Activities - Authorizes the Secretary to establish: (1) a national strategic planning process which encompasses Federal, State, and local planning activities for intermodal, multimodal, and modal transportation research and technology; and (2) the Intermodal Transportation Research and Development Program. (Sec. 701) Authorizes the Secretary to make grants to nonprofit institutions of higher learning to establish one university transportation center (thereby combining the existing university research institute and transportation centers programs) in each of the ten U.S. Government regions that compose the Standard Federal Regional Boundary System to address transportation management, research and development, and education and training for qualified graduate and undergraduate students, with special attention to women and minorities. (Sec. 702) Requires the Bureau of Transportation Statistics (BTS) to compile statistics on transportation-related variables influencing global competitiveness. Revises the duties of the BTS Director with respect to the long term data collection program to require, among other things, that it be coordinated with efforts to measure outputs and outcomes of DOT and the nation's transportation systems under the Government Performance and Results Act (GPRA). Requires the BTS Director to establish an Intermodal Transportation Data Base, the National Transportation Library, and a National Transportation Atlas Data Base. Authorizes the Secretary to make grants to, or enter into cooperative contracts with, public and nonprofit entities to conduct research and development in support of the Bureau's activities. Authorizes appropriations. (Sec. 703) Changes from discretionary to mandatory the Secretary's authority to engage in research, development, and technology transfer activities with respect to motor carrier transportation and all phases of highway planning and development. Directs the Secretary to develop programs to facilitate application of the products of research and technical innovations that will improve the safety, efficiency, and effectiveness of the highway system. (Sec. 704) Repeals the mandate for the National Highway Institute (thus abolishing it). Converts the current discretionary education and training assistance program providing urban and rural highway and transportation agencies access to modern highway technology into a mandatory a National Technology Deployment Initiatives program Authorizes appropriations. Subtitle B: Intelligent Transportation Systems Act of 1997 - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to conduct an ongoing program to research, develop, and operationally test intelligent transportation systems and advance the deployment of such systems as a component of the Nation's surface transportation systems (in effect, extending the expiring Intelligent Transportation Systems Act of 1991). (Sec. 753) Defines "intelligent transportation systems" (ITS) as the application of electronics, communications, or information processing to improve the efficiency and safety of surface transportation systems. (Sec. 754) Directs the Secretary to establish a repository for technical and safety data collected as a result of federally-sponsored projects under this title. (Sec. 755) Directs the Secretary to update the National ITS Program Plan as necessary. (Sec. 756) Authorizes the Secretary to provide: (1) planning and technical assistance, training, and information to State and local governments seeking to implement ITS technologies and services; and (2) funding to Federal agencies and make grants to non-Federal entities (including State and local governments, universities, including Historically Black Colleges and Universities, and other persons) for ITS research. (Sec. 757) Directs the Secretary to conduct an intelligent transportation infrastructure (ITI) deployment incentives program to promote deployment of integrated, multimodal transportation systems throughout the Nation. (Sec. 758) Authorizes appropriations. Title VIII: Boating Safety - Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to establish the National Outreach and Communications Fund. Credits to the Fund specified amounts from the Sport Fish Restoration Account. Increases: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs. (Sec. 803) Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts from the National Outreach and Communications Fund to carry out the plan. Requires States to develop an outreach and communications plan. (Sec. 804) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act. (Sec. 805) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions. Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels. (Sec. 806) Amends Federal boating safety law to direct the Secretary, subject to specified restrictions, to expend in each fiscal year specified funds for State recreational boating safety programs. Earmarks funds for the payment of expenses of the Coast Guard for personnel and activities directly related to carrying out the national recreational boating safety program. (Sec. 807) Limits the allocation of funds for recreational boating safety programs for the insular areas to no more than one-half of one percent of the total expended for such programs for all eligible States. Waives local matching fund requirements for amounts under $200,000 that are received by the insular areas for such programs. Reduces the period of availability of State allocations from three years to two years after the date of allocation. Requires amounts not obligated by the State within such period to be withdrawn and allocated to the State the following fiscal year.
United States · United States Congress · 26 September 1997
United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration. Urges the Administrator to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems. Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools in order to enhance science and mathematics programs. Requires the Administrator to report to the President on such action. Directs the Administrator to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science on: (1) risks to fire fighters in suppressing fires caused by burning tires; and (2) special training required to suppress such fires and how the training may be provided by the Administration.
United States · United States Congress · 25 September 1997
TABLE OF CONTENTS: Title I: Standard of Ownership Title II: Anti-Reflagging Act Exceptions Title III: Phase Out of Certain Vessels American Fisheries Act - Title I: Standard of Ownership - Amends Federal law relating to vessel documentation to require that, in order to be eligible for a fishery endorsement, 75 percent of the controlling interest in the vessel's owning entity be owned by U.S. citizens. (Sec. 103) Requires, for vessels over a specified tonnage, annual filing of an affidavit of U.S. citizenship to demonstrate compliance with the controlling interest requirement. Requires the Administrator of the Maritime Administration to rigorously scrutinize transfers of ownership and control. Mandates revocation of the fishery endorsement of vessels that fail to demonstrate compliance with the controlling interest requirement. Authorizes appropriations. Imposes civil monetary penalties for knowingly falsifying or concealing a material fact or knowingly making a false statement or representation regarding the controlling interest requirement. Prohibits, without the consent of the Secretary of Transportation, the transfer in any manner to a non-U.S. citizen of any interest in or control of a documented fishing, fish processing, or fish tender vessel. Title II: Anti-Reflagging Act Exceptions - Sets forth the circumstances in which a vessel, notwithstanding specified provisions of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, may not receive a fishery endorsement. Repeals provisions of that Act relating to the application of provisions prohibiting documentation of vessels before measuring. Title III: Phase Out of Certain Fishing Vessels - Prohibits a fishery endorsement for a fishing vessel over a specified length, tonnage, or horsepower unless the vessel had a fishery endorsement before a specified date and has not surrendered it thereafter and its registered length, tonnage, and horsepower have not increased since then. Exempts: (1) replacement vessels if certain requirements are met; and (2) vessels engaged in fishing exclusively for highly migratory species primarily outside the navigable waters and exclusive economic zone of the United States. Prohibits authorizing or permitting vessels over a specified length, tonnage, or horsepower from engaging in directed fishing for Atlantic mackerel or Atlantic herring unless their participation is specifically allowed in fishery management plans implemented for those fisheries. Mandates revocation of any nonconforming permit. (Sec. 302) Amends the Fisheries Financing Act to prohibit Federal loan guarantees for the construction or rebuilding of a vessel intended for use as a fishing vessel if the vessel will be over a specified length, tonnage, or horsepower after the construction or rebuilding is completed.
United States · United States Congress · 24 September 1997
Oceans Act of 1997 - Directs the President to develop and maintain a coordinated, comprehensive, and long-range national policy on ocean and coastal activities and, regarding Federal agencies and departments, to review ocean and coastal activities, plan and implement an integrated and cost-effective program of ocean and coastal activities, designate responsibility for funding and conducting ocean and coastal activities, and ensure cooperation and resolve differences arising from laws and regulations. (Sec. 5) Establishes the National Ocean Council to serve as the forum for developing a policy and program, improve coordination and cooperation among Federal agencies, work with academic, State, industry, public interest, and other groups, and cooperate with the Secretary of State. (Sec. 6) Establishes the Commission on Ocean Policy, requiring it to report to the President and the Congress on a comprehensive national ocean and coastal policy to carry out the purpose and objectives of this Act. Authorizes appropriations. (Sec. 7) Requires the Council to report to the Congress biennially and to annually provide general guidance to each Federal agency or department involved in coastal activities regarding the preparation of appropriations requests. Requires each such agency or department to include with its annual appropriations request a report identifying budget elements relating to ocean and coastal activities and specifying how each element contributes to the implementation of a national ocean and coastal policy. Directs the President to identify in each budget submitted to the Congress those elements of each agency or department that contribute to the implementation of a national ocean and coastal policy. (Sec. 8) Repeals the Marine Resources and Engineering Development Act of 1966.
United States · United States Congress · 24 September 1997
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fee.
United States · United States Congress · 19 September 1997
Amends the Higher Education Act of 1965 to adjust specified student aid need analysis formulas. Increases the income protection allowances (IPA) for dependent students and for independent students without dependents (other than a spouse). Permits updating IPA calculations to reflect inflation.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 18 September 1997
Aviation Insurance Reauthorization Act of 1997 - Amends Federal law governing aviation insurance programs to require the Secretary of Transportation to determine the values of aircraft insurance and maximum insured amounts in accordance with reasonable business practices in the commercial aviation insurance industry. Provides that if an indemnity agreement made between the Secretary and a designated agency head is countersigned by the President (or the President's designee), it shall constitute a determination that continuation of the pertinent aircraft operations is necessary to implement U.S. foreign policy. Grants the Administrator of the Federal Aviation Administration borrowing authority as necessary to implement the aviation insurance program. Stipulates that such authority does not remove Department of Defense responsibilities to provide prompt indemnification for initial payments made by the Secretary for any loss covered by the Department of Defense-related non-premium aviation insurance. Authorizes appropriations to a revolving fund in the Treasury in order to pay principal and interest accruing from the Administrator's borrowing authority. Authorizes binding arbitration of claims for insurance policies issued by the Secretary. Extends the Secretary's authority to provide aviation insurance and reinsurance through FY 2002. Treats as a public aircraft any aircraft owned by the U.S. Government and operated by any person for purposes related to crew training, equipment development, or demonstration.
![Official portrait of Sen. Hollings, Ernest F. [D-SC]](https://www.congress.gov/img/member/h000725_200.jpg)