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United States · Official source
2,777 records where Sen. Hutchison, Kay Bailey [R-TX] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 25 July 1997
Clinical Laboratory Improvement Act Amendments of 1997 - Amends the Public Health Service Act to exempt a physician clinical office laboratory from certification requirements, except when such laboratory performs a pap smear (Papanicolaou Smear) analysis.
United States · United States Congress · 24 July 1997
Authorizes the President to present a gold medal to Ecumenical Patriarch Bartholomew in recognition of his outstanding and enduring contributions to religious understanding and peace. Authorizes the Secretary of the Treasury to strike duplicate medals in bronze. Authorizes appropriations from the Numismatic Public Enterprise Fund, where sales proceeds shall be deposited.
United States · United States Congress · 16 July 1997
Veterans Employment Opportunities Act of 1997 - Provides that a veterans' preference eligible (PE) or an individual who has been separated from military service under honorable conditions after three or more years of active duty shall not be denied the opportunity to compete for a vacant position within a Federal agency, either in the competitive or excepted service, by reason of: (1) not having acquired competitive status; or (2) not being an employee of such agency. Requires each agency to notify the Office of Personnel Management (OPM) and U.S. employment offices of each vacant position for which competition is restricted to employees or individuals having competitive service. Requires OPM, at least every two years, to submit to the Congress and the President a report detailing for the prior period the number of such vacant positions in the Federal Government and the number of PE or separated individuals referred or appointed to such positions. Directs OPM to establish and keep current a comprehensive list of all announcements of vacant positions within each agency for which competition is so restricted. Applies such PE requirements to the Postal Service, with exceptions for certain collective bargaining positions. Prohibits, during a Federal reduction in force (RIF), a position occupied by a PE from being placed in a single-position competitive level if the PE is qualified to perform the essential functions of any other position at the same grade in the competitive area (defined as being able to perform such functions within 150 days). Entitles a PE whose current or latest performance rating is at least fully successful to be assigned during a RIF to any position for which he or she is qualified that is within: (1) the PE's commuting area and is currently occupied by an individual placed in such position within six months before the RIF; or (2) the PE's competitive area and is not more than three grades below the position from which the PE was released (with an exception). Authorizes a PE to challenge the classification of any position to which the PE asserts assignment rights in an action before the Merit Systems Protection Board. Requires each agency to establish an agency-wide priority placement program to facilitate employment placement for PEs who are scheduled to be or who are separated from service due to a RIF and who have received a rating of at least fully successful at their last performance evaluation or who occupy positions excluded from a performance appraisal system. Allows an individual to designate a different local commuting area in order to exercise reemployment rights if there are no alternative positions within the most local area. Requires an agency to place qualified present and former employees in retention order by PE subgroup and tenure group. Makes an individual eligible for reemployment for two years after a RIF. Provides conditions under which an individual loses eligibility for such reemployment. Provides administrative and judicial redress and remedies for any PE or other individual who alleges that an agency has violated such individual's veterans' preference or related rights. Extends the veterans' preference to: (1) employment within the General Accounting Office; (2) appointments made to the Office of the President (with an exception when the President certifies that the position is a confidential, policy-making, or political position); and (3) appointments to the legislative branch (with specified exclusions). Establishes administrative remedies and procedures for PE and separated individuals with respect to appointments within the legislative or judicial branches of the Federal Government. Requires the Judicial Conference of the United States to prescribe regulations to provide for: (1) veterans' preference in the consideration of applicants for employment, and in the conduct of any RIF, within the judicial branch; and (2) redress procedures for alleged violations of any rights of such individuals. Requires the Conference to: (1) consult with specified congressionally chartered veterans' service organizations when considering such regulations; and (2) provide specified congressional committees with a copy of such regulations. Extends the veterans' preference to RIFs in the Federal Aviation Administration. Includes among PE veterans those who served during a military operation in a qualified hazardous duty area under requirements prescribed by the Secretary of Defense. Prohibits any employee authorized to take personnel actions from knowingly taking, or failing to take, any personnel action if such taking or failure would violate a PE requirement.
United States · United States Congress · 24 June 1997
Private Property Owners' Bill of Rights - Requires Federal agency heads to: (1) comply with applicable State and tribal government laws in implementing and enforcing the Endangered Species Act of 1973 (ESA) and the provisions of the Federal Water Pollution Control Act (FWPCA) regarding the issuance of permits for the discharge of dredged or fill material into navigable waters at specified disposal sites; (2) administer and implement the Acts in a manner that least affects the private property owners' constitutional and other legal rights; (3) develop and implement rules and regulations for ensuring that such rights are protected when making any final decision that restricts the use of private property; (4) obtain the consent of the property owner and provide appropriate notice before entering privately-owned property in order to collect information on it; and (5) give the property owner an opportunity to review and dispute the data collected before using it to implement or enforce any of the Acts. Amends ESA and FWPCA to provide for administrative appeals of certain actions, including those related to the denial of permits and the imposition of administrative penalties. Entitles a private property owner deprived of $10,000, or 20 percent or more, of the fair market value of a portion of property as a consequence of a final qualified agency action to receive compensation upon request in accordance with specified guidelines. Amends ESA to require the Secretary of the Interior, when entering into a management agreement with any State for the administration and management of any area established for the conservation of endangered or threatened species that establishes restrictions on property use, to notify all private property owners or lessees of property subject to a management agreement and provide an opportunity for their participation in such an agreement.
United States · United States Congress · 20 June 1997
Amends Federal aviation law to declare that nothing in such law or in the Death on the High Seas Act shall affect any remedy existing at common law or under State law with respect to any injury or death arising out of any aviation incident occurring on or after January 1, 1995.
United States · United States Congress · 18 June 1997
Imported Fire Ant Control, Management, and Eradication Act of 1997 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. Directs the Board to select and fund specified research or demonstration projects, including a final national plan for fire ant control, management, and possible eradication.
United States · United States Congress · 12 June 1997
Women's Business Centers Act of 1997- Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); (5) establish within the SBA the Office Of Women's Business Ownership to administer SBA's women's business enterprise programs; (6) require the SBA to report biennially to the small business committees on the effectiveness of projects conducted under this Act; and (7) increase the annual authorization of appropriations for such programs.
United States · United States Congress · 12 June 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 11 June 1997
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Women's Retirement Security Title III: Expansion of Pension Coverage for Small Business Title IV: Portability Title V: Pension Security Subtitle A: Economically Targeted Investments Subtitle B: Other Provisions Title VI: Simplification of Plan Requirements Title VII: Date for Adoption of Plan Amendments Retirement Income, Security, and Savings Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to increase individual retirement account (IRA) income limits applicable to active participants. Repeals active participation restrictions. (Sec. 102) Provides for IRA contribution inflation adjustments. Subtitle B: Nondeductible Tax-Free IRAs - Amends the Code to establish a nondeductible tax-free IRA Plus account. Sets forth related provisions. Title II: Women's Retirement Security - Amends the Code to make an individual's eligibility for deductible IRA contributions independent of spousal pension plan participation. (Sec. 202) Authorizes pension plan contributions with respect to periods of: (1) maternity and paternity leave; and (2) child-raising periods. Title III: Expansion of Pension Coverage for Small Business - Amends the Code to allow an eligible employer to establish an employer-funded SAFE annuity (an individual retirement annuity) or a SAFE trust (a trust forming part of a defined benefit plan). Sets forth related provisions. Makes related amendments to the Employee Retirement Income Security Act of 1974 (ERISA). (Sec. 302) Treats as not an elective deferral certain retirement and SIMPLE account matching contributions made on behalf of a self-employed individual. (Sec. 304) Provides for payroll deduction contributions to IRAs. Title IV: Portability - Amends the Code to allow specified pension plan rollovers, and related nondisqualification of receiving plans. (Sec. 405) Provides a hardship exception with respect to the 60-day exempt trust rollover provision. (Sec. 406) Amends the Code and ERISA to set forth the circumstances in which a defined contribution plan will not be treated as failing to meet requirements merely because the transferee plan does not provide some or all the forms of distribution previously available under another defined contribution plan. Title V: Pension Security - Subtitle A: Economically Targeted Investments - Expresses the sense of the Congress that economically targeted investments violate ERISA intent. (Sec. 502) Sets forth specified prohibitions on Department of Labor interpretations and activities with respect to employee benefit plan investment. (Sec. 503) Amends ERISA to prohibit any Federal agency or instrumentality from establishing or maintaining a clearinghouse or database relating to economically targeted investments. (Sec. 504) Requires termination of any Federal contracts that are in violation of this title. Subtitle B: Other Provisions - Amends the Code to provide for a phased-in increase to full employer funding of pension liabilities. Title VI: Simplification of Plan Requirements - Directs the Secretaries of the Treasury and Labor to issue guidance with respect to the use of new technologies and paperless transactions. (Sec. 602) Makes certain nondiscrimination and participation requirements inapplicable to a government plan. (Sec. 603) Amends ERISA to eliminate specified plan description and related requirements. Title VII: Date for Adoption of Plan Amendments - Sets forth plan adoption dates.
United States · United States Congress · 10 June 1997
Environmental Protection Partnership Act - Amends the Federal judicial code to provide that an environmental audit report that is prepared, or a finding, opinion, or other communication that is made, in good faith by a person or government entity and that is related to, and essentially constitutes a part of, an audit report, shall not be subject to discovery or any other investigatory procedure or admissible as evidence in any judicial action or administrative proceeding, with exceptions. Makes such provision inapplicable to an audit report if, after an in camera hearing, a judge determines that: (1) the party that initiated the audit expressly waives the protection provided by this Act; (2) the audit provides evidence of noncompliance with a covered Federal law and appropriate efforts to achieve compliance were not promptly initiated and pursued with reasonable diligence; (3) the party that is asserting the applicability of such provision is doing so for a fraudulent purpose; or (4) the audit report or finding was prepared for the purpose of avoiding disclosure of information required for a governmental investigative, administrative, or judicial proceeding that, at the time of preparation, was imminent or in progress. Sets forth provisions regarding waivers and confidential disclosures, seizure of an audit report by law enforcement officials, handling of the report, filing a petition with an appropriate court, in camera hearings, and the burden of proof. Authorizes a judge: (1) after an in camera hearing, to require disclosure of or testimony regarding an audit report or finding for which protection is asserted if the judge determines that the information is not subject to protection under this Act; and (2) to suppress any evidence arising or derived from the failure of a government official to comply with this Act. Prohibits a party that performs an audit from giving testimony concerning the audit in any judicial or administrative proceeding that relates to a nondelegated covered Federal law without the consent of the party that initiated the audit. Provides that if a party discloses information relating to a covered Federal law to an appropriate official of a Federal or State agency responsible for administering the covered Federal law, the disclosure shall be considered to be a voluntary disclosure, subject to limited immunity protection, regardless of whether the disclosure is required by law, if: (1) the disclosure arises out of a voluntary audit or the operation of a voluntary environmental compliance management system by the party and the disclosure is made promptly after the party receives knowledge of the information; and (2) the party initiates an action to address the issues identified in the disclosure within a reasonable period of time and fulfills other specified requirements. Sets forth provisions regarding: (1) permissible sanctions and admission into evidence; (2) mitigating circumstances; (3) involuntary disclosures; and (4) resolution of immunity disputes. Allows a State law (with exceptions) to provide that, under appropriate conditions, a voluntary audit report, or a finding related to and constituting part of a voluntary audit report, shall not be: (1) subject to discovery or any other investigatory procedure governed by State or local law; or (2) admissible as evidence in any State or local judicial action or administrative proceeding. Provides for limited protection for testimony and for disclosure of voluntary environmental self-evaluation information. Prohibits a Federal agency from: (1) refusing to delegate a covered Federal law to a State or local agency; (2) refusing to approve or authorize a State or local program under a covered Federal law because the State has such a law in effect; or (3) taking other actions that would effectively require a State to rescind or limit any protection of such State law. Amends the Small Business Act to include within assistance from small business development centers assisting small businesses in complying with the requirements necessary to receive voluntary audit protection.
United States · United States Congress · 9 June 1997
National Motor Vehicle Safety, Anti-theft, Title Reform, and Consumer Protection Act of 1997 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a term or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply specified uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Directs the Secretary to prescribe requirements (similar to those of the Automobile Information Disclosure Act) that a label containing certain information be affixed to the windshield or window of a rebuilt or remanufactured salvage vehicle before its first sale. Prohibits a person from willfully removing, altering, or rendering illegible such label before the vehicle is delivered to the ultimate purchaser. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of these acts. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 9 June 1997
Repeals the tax increase on social security benefits made by the Revenue Reconciliation Act of 1993. Mandates application and administration of the Internal Revenue Code as if such increase had not been enacted.
United States · United States Congress · 5 June 1997
Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business (fewer than 25 full-time employees), punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses; or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.
United States · United States Congress · 5 June 1997
Proclaims March 15 through 21, 1998, as National Safe Place Week.
United States · United States Congress · 22 May 1997
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Miscellaneous Omnibus Property Rights Act of 1997 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required. Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. Title V: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 22 May 1997
Welfare Flexibility Act of 1997 - Permits State use of nongovernmental personnel to determine eligibility under the Medicaid, food stamp, and special supplemental nutrition program for women, infants, and children (WIC) programs.
United States · United States Congress · 20 May 1997
Equity in Prescription Insurance and Contraceptive Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.
United States · United States Congress · 20 May 1997
Commemorates the 15th anniversary of the construction and dedication of the Vietnam Veterans Memorial.
United States · United States Congress · 15 May 1997
College Affordability and High Standards Act of 1997 - Directs the Secretary of Education to award competitive grants to State or local educational agencies to carry out specified activities under three-year demonstration programs to expand access for low-income individuals to advanced placement (AP) incentive programs. Declares that such a grant shall be awarded for a fiscal year only if the College Board maintains in that fiscal year the minimum amount of its expenditure for the previous fiscal year for the College Board Fee Assistance Program. Authorizes appropriations. Amends the Higher Education Act of 1965 (HEA) and the Elementary and Secondary Education Act of 1965 to make AP programs a priority for Byrd Scholarships, Javits Gifted and Talented Students, Upward Bound, Eisenhower professional development, Star Schools, and education technology grants. Requires each institution of higher learning receiving HEA assistance to distribute to secondary school counselors or AP coordinators in the State information on academic credit given to students at the institution for AP test scores. Revises HEA requirements for grants to States for advanced placement test fee reimbursement programs. Extends the authorization of appropriations.
United States · United States Congress · 14 May 1997
TABLE OF CONTENTS: Title I: Reforms Subtitle A: Operational Reforms Subtitle B: Procurement Subtitle C: Employee Protection Reforms Subtitle D: Use of Railroad Facilities Title II: Fiscal Accountability Title III: Authorization of Appropriations Title IV: Miscellaneous Amtrak Reform and Accountability Act of 1997 - Title I: Reforms - Subtitle A: Operational Reforms - Amends Federal transportation law to direct the National Railroad Passenger Corporation (Amtrak) to operate as a national rail passenger transportation system which provides access to all areas of the country and ties together existing and emergent regional rail passenger corridors and other intermodal passenger service. Repeals the condition that Amtrak provide intercity rail passenger transportation within the basic system unless it is provided by: (1) rail carriers without a contract with Amtrak; or (2) regional transportation authorities under contract with Amtrak. (Sec. 101) Repeals Amtrak's mandate to continue to carry out a specified plan to improve rail passenger transportation. Increases from 90 days to 180 days before a discontinuance the deadline for notice that Amtrak must give of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons. Repeals Amtrak's mandates for: (1) annual cost and performance reviews of Amtrak routes in the basic system; and (2) provision of special commuter transportation. (Sec. 102) Repeals: (1) Amtrak's mandate to take action to increase its mail and express transportation revenues; (2) the authority of others besides Amtrak to provide auto-ferry transportation over any route; (3) the requirement of congressional review of amendments to route and service criteria with respect to route discontinuances and additions; (4) the mandate for Amtrak to provide rail passenger transportation over certain additional qualifying routes; and (5) authority for the Amtrak Commuter (thus abolishing it as an Amtrak subsidiary). (Sec. 106) Exempts certain commuter authorities from paying a tax or fee to the same extent that Amtrak is exempt. Declares that such exemption is without prejudice to Amtrak's retention of trackage rights over property owned or leased by commuter authorities. (Sec. 107) Authorizes Amtrak, with a specified exception, to contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only if certain conditions are met. Urges Amtrak and motor common carriers of passengers to use specified authority to provide improved service to the public and economy of operation. (Sec. 108) Authorizes Amtrak and motor carriers of passengers, subject to Surface Transportation Board review, to: (1) combine their respective services and facilities to the public as a means of increasing revenue; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 109) Authorizes Federal employees to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis. Subtitle B: Procurement - Repeals the prohibition against contracting out work normally performed by bargaining unit employees covered by a contract between a labor organization and Amtrak, if the contracting out results in the layoff of a bargaining unit employee. (Sec. 121) Provides that notices to Amtrak employees regarding all issues relating to contracting out shall be deemed served and effective 45 days after enactment of this Act. Declares that such notice shall not be required in situations involving: (1) the scope or classification of work performed by an Amtrak employee; (2) the contracting out of work involving food and beverage services provided on Amtrak trains; or (3) the contracting out of work not resulting in the layoff of Amtrak employees. Requires the National Mediation Board to complete all efforts with respect to the contracting out dispute not later than 120 days after enactment of this Act. Authorizes parties to such dispute to agree to submit it to arbitration under the Railway Labor Act. Declares that nothing in this subtitle shall be precedent for the resolution of any dispute between a freight railroad and any labor organization representing that railroad's employees. Subtitle C: Employee Protection Reforms - Provides that notices to Amtrak employees regarding employee protective arrangements and severance benefits, including all provisions of Appendix C-2 to the National Railroad Passenger Agreement, signed July 5, 1973, shall be deemed served and effective 45 days after enactment of this Act. (Sec. 141) Requires the National Mediation Board to complete all efforts with respect to the dispute over such arrangements and benefits not later than 120 days after enactment of this Act. Authorizes parties to such dispute to agree to submit it to arbitration under the Railway Labor Act. (Sec. 142) Repeals certain requirements for fair and equitable employee protective arrangements in the event of a discontinuance of intercity rail passenger service (effectively eliminating such contracts). Subtitle D: Use of Railroad Facilities - Makes enforceable any contracts between Amtrak and its passengers, the Alaska Railroad and its passengers, or private railroad car operators and their passengers regarding claims for personal injury, death, or damage to property in connection with the provision of rail transportation, if: (1) punitive or exemplary damages, where permitted, are not limited to less than two times compensatory damages awarded to any claimant, or $250,000, whichever is greater; and (2) passengers are provided adequate notice of any contractual limitation or waiver or choice of forum. (Sec. 161) Declares that any obligation of a party, however arising, to indemnify against damages or liability for personal injury, death, or damage to property, shall be enforceable, notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to such damages or liability. Title II: Fiscal Accountability - Directs Amtrak to prepare a financial plan to operate within specified funding levels, including budgetary goals for FY 1998 through 2002. Requires Amtrak within five years after enactment of this Act to operate without the need for Federal operating grant funds. (Sec. 202) Directs the Secretary to contract with an independent entity to conduct an independent assessment of the financial requirements of Amtrak through FY 2002. (Sec. 203) Establishes as a independent commission the Amtrak Reform Council to: (1) evaluate Amtrak's performance; and (2) make recommendations for achieving further cost containment and productivity improvements, and financial reforms. Authorizes appropriations. (Sec. 204) Directs the Council to notify the President and specified congressional committees if it finds that: (1) Amtrak's business performance will prevent it from meeting its financial goals; or (2) Amtrak will require operating grant funds five years after enactment of this Act. Requires the Council, after making such a finding, to develop and submit to the Congress an action plan for: (1) a restructured and rationalized intercity rail passenger system; and (2) the complete liquidation of Amtrak. (Sec. 207) Exempts Amtrak (and Amtrak subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by Amtrak (or a subsidiary), or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities. Title III: Authorization of Appropriations - Authorizes appropriations for Amtrak for capital expenditures, operating expenses, and certain mandatory payments. Title IV: Miscellaneous - Extends from October 15, 1996, to October 15, 2001, the deadline for retrofitting certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 403) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) a plan for demonstrating new technology in rail passenger equipment; and (3) a program master plan for a Boston-New York main line. (Sec. 406) Declares that Amtrak shall be responsible for its share, if any, of the costs of accessibility improvements at any station jointly used by Amtrak and a commuter authority. Declares that Amtrak shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until January 1, 1998. (Sec. 408) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 410) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high speed rail service, to enter into interstate compacts to promote such service. (Sec. 411) Amends Federal transportation law to revise the number and composition of the board of directors of Amtrak.
United States · United States Congress · 7 May 1997
Private Property Rights Act of 1997 - States that the policy of the Federal Government is to protect the health, safety, and welfare of the public in a manner that, to the extent practicable, avoids takings of private property. (Sec. 5) Directs each Federal agency to complete a private property taking impact analysis before taking any agency action (including the promulgation of a regulation) which is likely to result in a taking of private property. Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety. Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act. Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public. Requires each agency to provide the analysis required under this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) relating to an agency action. (Sec. 6) Requires the agency, before taking any final agency action, to fully consider alternatives described in this Act, and to the maximum extent practicable, alter the action to avoid or minimize the taking of private property. (Sec. 7) Allows the owner of private property, if an agency action results in the taking of such property, to obtain appropriate relief in a civil action against the agency that has caused the taking to occur. Provides for a civil action against the agency to be brought: (1) in either the U.S. District Court in which the property at issue is located or in the U.S. Court of Federal Claims (currently), regardless of the amount in controversy; and (2) if the property is located in more than one judicial district, in any district in which any part of the property is located. (Sec. 8) Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act. Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, and any award of compensation pursuant to the Just Compensation Clause of the fifth amendment to the Constitution. (Sec. 9) Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding.
United States · United States Congress · 6 May 1997
Amends title XIX (Medicaid) of the Social Security Act to modify State plan provisions by eliminating certain provider reimbursement requirements relating to a States authority in setting provider reimbursement rates under the Medicaid program.
United States · United States Congress · 5 May 1997
Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property. Requires, among other things, that the historic property will be open to the public for a period of at least 20 years and will have reasonable admission fees.
United States · United States Congress · 5 May 1997
Urges the Clinton Administration to: (1) enforce the Iran-Iraq Arms Non-Proliferation Act of 1992 with respect to the acquisition by Iran of C-802 model cruise missiles; or (2) carry out an alternative policy that would address such acquisition in a similar manner.
United States · United States Congress · 28 April 1997
Designates May 15, 1997, as National Peace Officers Memorial Day.
United States · United States Congress · 24 April 1997
Designates April 30, 1997, as National Erase the Hate and Eliminate Racism Day.
United States · United States Congress · 22 April 1997
Auto Choice Reform Act of 1997 - Affords a person the right to choose between: (1) a personal protection system (personal system) providing insurance for that person and any resident relative or dependent; and (2) a tort maintenance system (tort system) providing for the form of motor vehicle insurance otherwise required in the State in which the person is insured. Sets forth personal system minimum requirements, including regarding waiver of certain tort rights. Supersedes State laws inconsistent with this Act. Sets forth tort system minimum requirements, allowing State laws (not inconsistent with this Act) regarding uninsured or underinsured motorist coverage. Provides for: (1) the effect of a person's choice on resident relatives and dependents; (2) underwriting rules to encourage choice uniformity within a household; and (3) the failure of a person to choose. Requires States to maintain a program to inform consumers (comparing the two systems) about costs, benefits, rights, and obligations. (Sec. 6) Requires that a person who chooses: (1) a tort system and is involved in an accident be subject to tort law for injury except that, based on fault, the person may claim against (and be claimed against by) a personal system person only for uncompensated economic loss; and (2) a personal system be compensated only for economic loss, without regard to fault. Provides for the handling of accidents involving: (1) persons with personal protection and unlawfully uninsured persons; and (2) motorists under the influence of alcohol or illegal drugs or engaging in intentional misconduct. (Sec. 8) Declares that this Act does not apply to a State if: (1) the State so elects; or (2) the State finds that average premiums will not be reduced by at least 30 percent for persons choosing the personal system.
United States · United States Congress · 22 April 1997
Designates the U.S. courthouse to be constructed at the corner of 7th Street and East Jackson Street in Brownsville, Texas, as the Reynaldo G. Garza United States Courthouse.
United States · United States Congress · 17 April 1997
Open Competition Act of 1997 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 17 April 1997
Women's Investment and Savings Equity Act of 1997 - Amends the Internal Revenue Code with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in a plan is not treated as participation by the individual's spouse. Permits retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."
United States · United States Congress · 16 April 1997
Amends the Internal Revenue Code, with respect to qualified State tuition programs to, among other things: (1) provide for the exclusion from gross income of distributions used for qualified higher education expenses; (2) include room and board in the definition of qualified higher education expenses; and (3) permit income from redeemed U.S. savings bonds to be used to contribute, without including such income in gross income (subject to income limitations), to a qualified State tuition program.
United States · United States Congress · 16 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to publicly affirm as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict U.S. law on this subject.
United States · United States Congress · 15 April 1997
Health Insurance Tax Equity for Self-Employed Act - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals to 100 percent.
United States · United States Congress · 14 April 1997
Amends the Internal Revenue Code to exempt from the electronic fund transfer system for the collection of taxes businesses with an aggregate amount of depository taxes below an applicable dollar amount.
United States · United States Congress · 10 April 1997
TABLE OF CONTENTS: Title I: General Expansion of Activities Title II: Tax Incentives for Dependent Care Child Care Expansion Act - Title I: General Expansion of Activities - Directs the Secretary of Health and Human Services to establish a small business child care grant program to assist States in providing funds to encourage the establishment and operation of employer-operated child care programs. Authorizes appropriations. (Sec. 102) Amends the Older Americans Act of 1965 and the Domestic Volunteer Service Act of 1973 (DVSA) to direct the Secretary of Labor (in carrying out the Older Americans Community Service Employment Program) and the Chief Executive Officer of the Corporation for National and Community Service, respectively, as well as any grantee or contractor, to take steps, including the development of appropriate special projects, to encourage the fullest participation of eligible older individuals (under DVSA, individuals age 55 or older) in projects to provide child care under such program. Requires that such child care projects, to the extent practicable, be carried out in communities with child care shortages. Title II: Tax Incentives for Dependent Care - Amends the Internal Revenue Code to increase the child and dependent care credit for specified low and middle income workers. Applies the home office tax deduction to the use of such home office for dependent care.
United States · United States Congress · 10 April 1997
Government Shutdown Prevention Act - Provides for continuing appropriations in the absence of regular appropriations for FY 1998.
United States · United States Congress · 9 April 1997
Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: Penalties for Unlawful Activities Within the United States or By United States Nationals Abroad Subtitle A: Criminal Penalties Subtitle B: Civil Penalties Subtitle C: Other Penalties Title II: Foreign Relations and Defense-Related Provisions Chemical and Biological Weapons Threat Reduction Act of 1997 - Declares that it should be U.S. policy to take all appropriate measures to: (1) prevent and deter the threat or use of chemical and biological weapons against the citizens, armed forces, and territory of the United States and its allies, and to protect against, and manage the consequences of, such use; (2) discourage the proliferation of chemical and biological weapons; (3) prohibit within the United States the development, production, acquisition, stockpiling, and transfer to third parties of chemical or biological weapons; and (4) impose unilateral sanctions, and seek international sanctions, against any nation using chemical and biological weapons in violation of international law. Title I: Penalties for Unlawful Activities Within the United States or By United States Nationals Abroad - Subtitle A: Criminal Penalties - Amends the Federal criminal code to prohibit: knowingly developing, producing, otherwise acquiring, receiving from any person located outside U.S. territory, stockpiling, retaining, transferring, using, owning, or possessing any chemical or biological weapon, unless: (1) such weapon is intended for a permissible purpose; (2) the types and quantities of such weapons are strictly limited to those that can be justified for such purposes; and (3) the amount of such weapons per person at any given time does not exceed a quantity that, under the circumstances, is inconsistent with permissible purposes. Provides for the death penalty or life imprisonment for knowingly using chemical or biological weapons in violation of such provision where the death of another person results. Sets forth provisions regarding: (1) exclusions; (2) jurisdiction; (3) reimbursement of costs to the United States for expenses incurred incident to the seizure, storage, handling, transportation, and destruction or other disposition of property seized in connection with an investigation of the offense; and (4) the seizure, forfeiture, and destruction of chemical and biological weapons. Makes the owner or possessor of seized property jointly and severally liable to the United States in an action for money damages for any expenses incurred by the United States incident to the seizure. Sets penalties for using riot control agents as an act of terrorism. Authorizes the United States to obtain injunctions against proscribed conduct under this subtitle. Authorizes the Attorney General to request military assistance in support of Department of Justice activities relating to enforcement of this subtitle in an emergency situation involving a biological or chemical weapon. Subtitle B: Civil Penalties - Directs the President to designate the Federal Bureau of Investigation as the agency primarily responsible for implementing this subtitle. (Sec. 112) Sets forth civil prohibitions (analogous to the criminal prohibitions) on chemical and biological weapons-related activities and prescribes a penalty of up to $100,000 per violation. Sets forth procedures regarding hearings, administrative appellate review, offsets of amounts of such penalty from sums owed by the United States to the person, judicial review, enforcement of orders, and regulatory authority. Subtitle C: Other Penalties - Authorizes the President, upon determining that any person within U.S. jurisdiction has committed a violation of prohibitions under section 112, to issue an order for the suspension or revocation of such person's authority to export from any goods or technology from the United States. Repeals provisions of the Export Administration Act of 1979 regarding civil penalties and administrative sanctions relating to chemical and biological weapons proliferation. (Sec. 122) Provides for a three-year suspension of patent rights for knowingly violating any provision of section 112. Sets forth provisions regarding effect on patent rights, procedures, fees, and certificates of suspension. Title II: Foreign Relations and Defense-Related Provisions - Amends the Arms Export Control Act (AECA) to rewrite provisions regarding determinations with respect to the use of chemical and biological weapons, and sanctions for their use. Requires the President, after consulting with the Congress, to impose at least five of the following sanctions for three years upon determining that any foreign government has used a chemical or biological weapon in violation of international law or against its own nationals: (1) termination of foreign assistance (with exceptions); (2) termination of arms sales; (3) termination of foreign military financing; (4) denial of U.S. Government credit or other financial assistance; (5) imposition of export controls; (6) imposition of import restrictions; (7) opposition to financial or technical assistance by international financial institutions; (8) prohibition on U.S. bank loans or credit; (9) termination of air service and suspension of aviation rights to or from the United States; and (10) downgrading or suspending diplomatic privileges with such country. Declares that such sanctions are in addition to any multilateral sanction or measure that may be otherwise agreed. Specifies exceptions: (1) where the President certifies that implementing such sanctions would have a substantial negative impact upon the supreme national interests of the United States; and (2) with respect to any activity pursuant to a contract or international agreement entered into before the date of the President's determination if performance of the activity would reduce the potential for the use of a chemical or biological weapon by the sanctioned country. Requires the President, in addition, to block any transactions in property subject to U.S. jurisdiction in which the violating foreign country or any national thereof has any interest, for the purpose of compensating the victims of such weapons use and for punitive damages. Conditions the removal of sanctions against a foreign government on the President's certification, after three years, that such government: (1) has provided reliable assurances that it will not use such a weapon in violation of international law or against its people; (2) will accept onsite inspections to verify that it is not preparing to use such a weapon; and (3) is making restitution to those affected by any use of such weapons in violation of international law or against its own nationals. Requires the President to notify and report to the Congress within specified periods regarding any use of such a weapon and any actions planned and undertaken by the President in response. (Sec. 202) Expresses the sense of the Congress that any collapse of the "Australia Group" or any substantial weakening of common Australia Group export controls and nonproliferation measures would seriously undermine international and national efforts to curb the spread of chemical and biological weapons. Declares that it shall be U.S. policy to: (1) continue close cooperation with other countries in the Australia Group in support of its current efforts and in devising additional means to monitor and control the supply of chemicals and biological agents applicable to weapons production; (2) maintain an equivalent or more comprehensive level of control over the export of toxic chemicals and their precursors, dual-use processing equipment, human, animal, and plant pathogens and toxins with potential biological weapons application, and dual-use biological equipment as that afforded by the Australia Group as of this Act's enactment date; (3) block any effort by any Australia Group member to achieve Australia Group consensus on any action that would substantially weaken export controls and nonproliferation measures or otherwise undermine the Group's effectiveness; and (4) work closely with other countries to devise and harmonize the most effective national controls possible on the transfer of equipment, materials, and technology with particular applicability to the production of chemical or biological weapons. Requires the President, annually, to determine and certify to the Congress whether: (1) the Australia Group continues to maintain an equivalent or more comprehensive level of control over exports and remains a viable mechanism for curtailing the spread of such weapons; and (2) the Group's effectiveness has been undermined by changes in membership, lack of compliance with common export controls, or any weakening of common controls and measures in effect as of this Act's enactment date. Sets forth provisions regarding presidential consultation with the Congress on Australia Group export controls and nonproliferation measures. (Sec. 203) Prohibits the provision of certain U.S. assistance to Russia unless the President determines and certifies to the Congress, annually, that: (1) Russia is making reasonable progress toward the implementation of a bilateral agreement signed on June 1, 1990, regarding destruction and nonproduction of chemical weapons and on measures to facilitate the multilateral convention on banning chemical weapons; (2) the United States and Russia have resolved, to the satisfaction of the United States, outstanding compliance issues under such agreement and under a memorandum of understanding signed in Wyoming on September 23, 1989, regarding a bilateral verification experiment and data exchange related to a prohibition on chemical weapons; (3) Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons production facilities, and other facilities associated with the development of chemical weapons and riot control agents; and (4) Russia is in compliance with its obligations under a biological weapons convention completed at Washington, London, and Moscow on April 10, 1972. (Sec. 204) Requires the President to report annually to the Speaker and specified congressional committees on: (1) proliferation by foreign countries; (2) foreign persons assisting in proliferation; (3) third country assistance in proliferation, and intelligence information on such assistance; (4) intelligence information on subnational groups, including terrorists or paramilitary organizations, developing, producing, stockpiling, or using any chemical or biological weapon; and (5) funding priorities for detection and monitoring capabilities. (Sec. 205) Declares that it shall be U.S. policy to work to obtain multilateral agreement: (1) to effective, international enforcement mechanisms to existing international agreements that prohibit the use of chemical and biological weapons, to which the United States is a state party; and (2) regarding the collective imposition of sanctions and other measures described in the AECA, as amended by this Act. Directs the Secretary of State: (1) as a priority matter, to take steps necessary to achieve such objectives; and (2) to work to convene an international negotiating forum to conclude an international agreement on enforcement of the 1925 Geneva Protocol regarding the prohibition of the use in war of poisonous gas and bacteriological warfare. (Sec. 206) Restricts the use of funds for the Organization for the Prohibition of Chemical Weapons until the Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction enters into force for the United States. (Sec. 207) Expresses the sense of the Congress that the U.S. armed forces should place increased emphasis on potential threats to deployed U.S. forces and should make countering the use of chemical and biological weapons an organizing principle for U.S. defense strategy and policy. Directs the Secretary to take actions to ensure that the U.S. armed forces are capable of carrying out required military missions in U.S. regional contingency plans despite the threat or use of chemical or biological weapons. Directs the Secretary and the Secretary of State to: (1) give a high priority to discussions with key regional allies and likely regional coalition partners to determine what steps are necessary to ensure that allied and coalition forces and other critical civilians are adequately equipped and prepared to operate in chemically and biologically contaminated environments; and (2) report to the Speaker and to specified congressional committees on the results of such discussions. Directs the Secretary to take actions to ensure that the United States Army Chemical School remains under the oversight of a general officer of the United States Army. Expresses the sense of the Congress that the transfer, consolidation, and reorganization of the School should not disrupt or diminish the training and readiness of the armed forces to fight in a chemical-biological warfare environment, and that the Army should continue to operate the Chemical Defense Training Facility at Fort McClellan until such time as the replacement facility at Fort Leonard Wood is functional. Directs the President to report to the Speaker and specified congressional committees on previous, current, and planned chemical and biological weapons defense activities of the U.S. armed forces. (Sec. 208) Expresses the sense of the Congress that in order to achieve an effective deterrence against attacks of the United States and U.S. armed forces by chemical weapons, the President should reevaluate the extension of negative security assurances by the United States to non-nuclear weapon states (i.e., assurances that the United States will forswear the use of certain weapons unless attacked by that non-nuclear weapon state in alliance with a nuclear-weapon state) in the context of the Treaty on the Non-Proliferation of Nuclear Weapons. Requires the President to report to the Speaker and specified congressional committees on: (1) the findings of a detailed review of U.S. policy on negative security assurances as a deterrence strategy; and (2) a determination by the President of appropriate responses to the use of chemical or biological weapons against the U.S. armed forces, U.S. citizens, allies, and third parties. (Sec. 209) Prohibits the President from issuing any order or directive that diminishes, abridges, or alters the right of the United States to use riot control agents in any circumstance not involving international armed conflict, or in a defensive military mode to save lives in such a conflict. Expresses the sense of the Congress that international law permits the United States to use herbicides, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters. Directs the President to take all necessary measures, and prescribe such rules and regulations as necessary, to ensure that the policy contained in this section is observed by the U.S. armed forces.
United States · United States Congress · 20 March 1997
National Right to Work Act of 1997 - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 19 March 1997
Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish and extend club facilities where needed, with particular emphasis on establishing clubs in and extending services to public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established or existing facilities expanded to serve additional youths during the next fiscal year; (2) includes a plan to insure that there are a total of not less than 2,500 BGCA facilities in operation before January 1, 2000; (3) certifies that there will be appropriate coordination with those communities where clubs will be located; and (4) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program.
United States · United States Congress · 18 March 1997
Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.
United States · United States Congress · 18 March 1997
Occupational Safety and Health Reform Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise provisions relating to use of OSHA in private litigation. Provides that an allegation, a finding, or an abatement of an alleged violation, under OSHA or the standards promulgated under OSHA, shall not be admissible as evidence in any civil action or used to increase the amount of payments received under any workers' compensation law for any work-related injury. (Sec. 3) Provides that, on multi-employer work sites, an employer may not be cited for a violation of certain duties if the employer: (1) has not created the condition that caused the violation; or (2) has no employees exposed to the violation and has not assumed responsibility for ensuring compliance by other employers on the work site. (Sec. 4) Requires the following criteria in development of OSHA standards: (1) significant risk; (2) technological and economical feasibility; (3) reasonable cost-benefit relationship; (4) cost-effectiveness and minimal job loss; and (5) expression in objective criteria and desired performance. Prohibits citation for violation of a standard for which the employer has a variance pending. Revises standard priorities based on toxicity and numbers exposed. Requires a regulatory flexibility analysis for each standard promulgated. Requires minimization of time, efforts, and costs involved in retention, reporting, notifying, or disclosure of information required under such standards. (Sec. 5) Revises inspection provisions, including those relating to the authority of the Secretary of Labor and to recordkeeping requirements. Grants the Secretary discretion in determining which employer complaints must receive formal inspection responses. Requires inspections to be conducted by at least one individual trained in and knowledgeable of the industry or the types of hazards. Provides for fire hazard inspection training and referral. Prohibits routine inspections of employers of 50 or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost day rate which is less than the national average. (Sec. 6) Directs the Secretary to establish a voluntary compliance program granting partial exemption from OSHA general inspections for employers who either retain certain consultation or certification programs or have an exemplary safety record and a safety and health program meeting specified criteria. (Sec. 7) Adds employer defenses of employee misconduct or alternative safer methods. (Sec. 8) Revises enforcement procedures with respect to notification of deadlines for employer contests of citations before the Occupational Safety and Health Review Commission. Places the burden of proof on the Secretary in all hearings before the Commission relating to a contested citation. Revises judicial review provisions to require the court to make its own determination as to questions of law, including the reasonable interpretation of standards, and to not accord deference to either the Commission or the Secretary. (Sec. 9) Revises procedures for discrimination protection for whistle-blowers under OSHA. Directs the Secretary to attempt to eliminate the alleged violation by informal methods before bringing an action in any appropriate U.S. district court against an employer. Allows an employer against whom such an action is brought to demand that the issue of discrimination be determined by jury trial. Makes such provisions the exclusive means of securing a remedy for any aggrieved employee. Provides that any records of the Secretary relating to such investigations and enforcement proceedings shall not be subject to inspection and examination by the public while open or pending in the U.S. district court. (Sec. 10) Provides for special enforcement procedures through which the Secretary can require an employer to correct a condition of imminent danger to employees. (Sec. 11) Requires the Secretary of Labor to establish small business assistance and training programs, including: (1) model injury prevention programs, completion of which qualifies employers for certain exemptions and reductions in penalties; (2) technical assistance and consultative services for employers and employees, targeted at small businesses and the most hazardous industries; and (3) certain consultative services to employers provided under cooperative agreements between the States and the Occupational Safety and Health Administration. Requires that at least one-fourth of the annual appropriation to carry out OSHA be expended for such worksite-based incentives for voluntary compliance. (Sec. 12) Revises OSHA penalties in general. Limits the maximum amount of any civil penalty. Directs the Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for reduction or suspension of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. Provides that no employer shall be subject to any State or Federal criminal prosecution arising out of a workplace accident other than under specified OSHA criminal penalty provisions. (Sec. 13) Repeals authority for the National Institute of Occupational Safety and Health (NIOSH), thus abolishing it. Transfers to the Secretary of Labor functions and authorities of NIOSH and of the Secretary of Health and Human Services under OSHA. (Sec. 14) Directs the Secretary of Labor to conduct a continuing comprehensive economic impact analysis of the costs and benefits of each standard in effect under OSHA and to report the results biennially to the Congress. (Sec. 15) Makes certain restrictions (including penalties for unfair labor practices) under the National Labor Relations Act inapplicable to employer involvement with employee health and safety committees.
United States · United States Congress · 18 March 1997
Designates the week of May 4, 1997, as National Correctional Officers and Employees Week.
United States · United States Congress · 13 March 1997
Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) non-Amtrak States.
United States · United States Congress · 13 March 1997
Designates October 19 through 25, 1997, as National Character Counts Week.
United States · United States Congress · 13 March 1997
Urges the Presidents of the United States and Mexico to expand and strengthen their cooperative relationship in order to make additional progress in halting the production in and transit through Mexico of illegal drugs.
United States · United States Congress · 12 March 1997
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Provisions Subtitle A: Tax Incentives for Renewal Communities Subtitle B: Charitable Contribution Credit Title III: Low-Income Educational Opportunity Scholarship Program Title IV: Additional Provisions American Community Renewal Act of 1997 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1997 - Amends the Internal Revenue Code to create a new subchapter on renewal communities (RCs), authorizing designation of not more than 100 areas (with the first 50 being from areas which are enterprise zones or empowerment communities) as RCs if: (1) the areas have pervasive poverty, unemployment, and general distress and meet other requirements; and (2) State and local governments agree to take actions such as tax reduction, crime reduction strategies, and reducing, repealing, or not enforcing within the area certain governmental requirements such as licensing, zoning, and permits. Provides for: (1) coordination of RCs with empowerment zones and enterprise communities; and (2) interaction of the provisions of this Act with other Federal programs. Directs the Secretary of Housing and Urban Development to report to the Congress concerning such designations. Title II: Tax Provisions - Subtitle A: Tax Incentives for Renewal Communities - Excludes from gross income the capital gain from an RC stock, business property, or partnership interest held more than five years. Allows a deduction to any qualified individual or other person for amounts paid in cash to a family development account for the individual's benefit. Allows account use for postsecondary education, first home purchase, business capitalization, medical expenses, and qualified rollovers. Excludes such accounts from taxation. Requires that the individual resided in an RC and was allowed an earned income credit for the preceding taxable year. Authorizes designation of not more than 25 RCs as account matching matching demonstration areas. Provides, to the extent provided in appropriations Acts, for matching contributions to accounts. Sets the commercial revitalization credit (established below) at 20 to 50 percent of the revitalization expenditures regarding a revitalization building. Increases, for an RC business, the dollar limit on expensing certain depreciable business assets. Permits a taxpayer to treat any RC environmental remediation cost as an expense which is not chargeable to capital account. Allows any cost so treated as a deduction. (Sec. 202) Provides a special work opportunity credit rule for RCs. (Sec. 203) Provides for the commercial revitalization credit. Subtitle B: Charitable Contributions Credit - Allows an individual a credit for 75 percent of the contributions (of up to $100 annually for a taxpayer) to an organization described in Internal Revenue Code section 501(c)(3) (charitable, etc., organizations) for which the taxpayer has done more than ten hours of volunteer service and which: (1) is primarily assisting poor individuals; (2) spends all of its resources providing services to the poor; and (3) has limited political activity. Terminates such credit after December 31, 1999. Title III : Low-Income Educational Opportunity Scholarship Program - Low-Income Educational Opportunity Act of 1997 - Requires an RC to establish and operate a Low-Income Educational Opportunity Scholarship program to: (1) provide RC families a choice of schools; and (2) provide assistance for attending public and private elementary and secondary schools, including religious schools. (Sec. 309) Requires that children attending: (1) private schools receive assistance for tuition, fees, and transportation; and (2) alternative public schools receive assistance for transportation. (Sec. 310) Sets forth school eligibility requirements. (Sec. 311) Declares that a scholarship under this title is an award of aid to a family, not to a school. Prohibits: (1) a Federal, State, or local agency taking into account Federal funds provided to a renewal community, school, or parent in determining whether to provide any other funds; and (2) deeming scholarships as parental income for Federal income tax purposes or for determining eligibility for other Federal programs. States that nothing in this title shall be construed to supersede any State law prohibiting the expenditure of public funds by sectarian schools, except that no State law may prohibit the expenditure by sectarian schools of Federal funds under this title. (Sec. 316) Requires that any constitutional challenge to the program be tried in U.S. District Court for the District of Columbia. Permits an appeal to the U.S. Supreme Court. (Sec. 317) Authorizes appropriations. Title IV: Additional Provisions - Provides for the transfer of ownership of any qualified Department of Housing and Urban Development property to the unit of local government having jurisdiction, if such unit of local government agrees to dispose such qualified property as specified, including granting to a community development corporation the right of first refusal. (Sec. 402) Amends the Public Health Service Act (PHSA) to declare that the provisions of this section apply to each program under the PHSA that makes Federal awards to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization (RO) to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes ROs eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that an RO, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires an RO to arrange for services through an alternative entity if an individual objects to the RO. Allows an RO to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by ROs, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in RO drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the RO has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 403) Amends the Community Reinvestment Act of 1977 to allow the appropriate Federal financial supervisory agency, in assessing the record of a financial institution, to consider the institution's ventures with any community development organization in an RC.
United States · United States Congress · 12 March 1997
Congressional Responsibility Act of 1997 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 11 March 1997
Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Requires that the Secretary, acting through the CDC, shall consult with State and local governmental agencies, managed care organizations, nonprofit organizations, physicians, and other health professionals and organizations. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to data and information collected under this Act. Authorizes appropriations.
United States · United States Congress · 10 March 1997
TABLE OF CONTENTS: Title I: Amendments to the Shipping Act of 1984 Title II: Transfer of Functions of the Federal Maritime Commission to the Intermodal Transportation Board Title III: Amendments to Other Shipping and Maritime Laws Ocean Shipping Reform Act of 1997 - Title I: Amendments to the Shipping Act of 1984 - Amends the Shipping Act of 1984 (the Act) to include as one of its purposes to promote the growth and development of U.S. exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace. (Sec. 102) Redefines the term "deferred rebate" with respect to common carriers and shippers to make its payment conditional upon the shipper's agreeing to make a further shipment with that or any other common carrier. Includes "deferred rebate arrangements" within the scope of "loyalty contracts". Redefines "ocean freight forwarder", "service contract", and "shipper". (Sec. 103) Revises the scope of the Act, with respect to certain agreements by or among ocean common carriers, to: (1) exclude from coverage agreements among ocean common carriers to engage in exclusive, preferential, or cooperative working arrangements with non-vessel-operating common carriers; and (2) cover agreements to discuss and agree upon any matter related to service contracts. Repeals coverage of ocean common carrier agreements to regulate or prohibit the use of service contracts. (Sec. 104) Reduces from ten days to five days the deadline for a member of a shipping conference to give notice of independent action on a rate or service item. Requires shipping conference agreements to prohibit the conference from restricting members from negotiating individual service contracts, and from requiring disclosure of confidential individual service contracts. Permits a conference to issue voluntary guidelines for the terms and procedures of such contracts, but not mandate rules. (Sec. 105) Declares that the Act does not extend antitrust immunity to loyalty contracts (a contract with an ocean common carrier or conference, other than a service contract or contract based upon time-volume rates, in which a shipper obtains lower rates by committing all or a fixed portion of its cargo to that carrier or conference). (Sec. 106) Repeals the requirement that a common carrier or conference file tariffs with the Intermodal Transportation Board (ITB) (currently FMC) and changed by title II of this Act), replacing it with a requirement that it keep tariffs open to public inspection in an automated tariff system. Excludes new assembled motor vehicles, among other currently specified items, from this requirement. Mandates that tariffs be made available electronically to the public for inspection, for a reasonable charge but without time, quantity, or other limitation. Revises provisions regarding: (1) service contracts between individual ocean common carriers or among several ocean common carriers and one or more shippers (stating that they are not required to be filed with the ITB); (2) publication of tariff rates and marine terminal operator schedules; and (3) automated tariff systems. (Sec. 107) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal its automated tariff filing and information system requirements. (Sec. 108) Amends the Act to revise requirements for ITB determination of the unjustness and unreasonableness of controlled carrier rates. Changes the ITB's authority to disapprove unjust and unreasonable rates to authority to prohibit them. (Sec. 109) Revises the enumeration of prohibited acts by common carriers with respect to the provision of ocean transportation services. Repeals prohibitions against: (1) charging compensation for transportation service different from that shown in published tariffs or service contracts; (2) rebating portions of rates except in accordance with tariffs or service contracts; and (3) extending or denying privileges, concessions, equipment, or facilities except in accordance with tariffs or service contracts; and (4) using a loyalty contract, except in conformity with antitrust laws. Prohibits providing service in the liner trade that is not in accordance with rates contained in a published tariff or service contract, or that is under a suspended tariff or service contract. Substitutes "ocean freight forwarder" for "non-vessel-operating common carrier" with respect to the prohibition against common carriers' knowingly accepting or transporting cargo that does not have a tariff and a bond. (Sec. 111) Amends the Foreign Shipping Practices Act of 1988 to substitute "ocean freight forwarder" for "non-vessel-operating common carrier" with respect to the scope of such Act. (Sec. 112) Amends the Act to authorize the ITB to subpoena individual service contracts regarding transportation services in ITB investigations and adjudicatory proceedings. (Sec. 113) States that the penalty imposed on a common carrier for violations of the Act shall constitute a lien upon the carrier's vessels. Authorizes the ITB to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 116) Repeals a provision of the Act: (1) requiring the ITB to report to the Congress and specified Federal agencies with respect to the impact of the Act on the international ocean shipping industry; and (2) establishing the Advisory Commission on Conferences in Ocean Shipping. (Sec. 117) Revises certain license and bond requirements with respect to ocean freight forwarders. Title II: Transfer of Functions of the Federal Maritime Commission to the Intermodal Transportation Board - Amends the ICC Termination Act of 1995 to change the name of the Surface Transportation Board to the Intermodal Transportation Board. (Sec. 201) Transfers all functions, powers, and duties vested in the FMC. Authorizes appropriations. Title III: Amendments to Other Shipping and Maritime Laws - Amends specified Federal maritime laws to make technical and conforming changes consistent with this Act.