United States · United States Congress · 8 November 1997
Ratifies the "Agreement Concerning Transfer of Lands at Adak Naval Complex" executed by the Aleut Corporation, the Department of the Interior, and the Department of the Navy. Removes such lands from the National Wildlife Refuge System.
United States · United States Congress · 8 November 1997
Amends the Internal Revenue code to set forth provisions concerning the treatment of tax-exempt bond financing of certain electrical output facilities.
United States · United States Congress · 7 November 1997
Community Broadcasters Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the availability of such license. Defines as a qualifying LPT station one which, within 24 months after the date of enactment of this Act and for six months prior to the filing of its class A application: (1) broadcast for at least 18 hours per day; (2) broadcast for an average of at least three hours weekly programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming not otherwise available to their communities; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; (2) the FCC shall approve such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of the filing of the class A advanced television application; and (3) no licensee of a class A television station shall be required to cease operations, or have a license rescinded or terminated, due to the implementation of amendments to the table of allotments adopted before the enactment of this Act. Allows the FCC to order such a cessation, rescission, or termination only after compliance with specified requirements.
United States · United States Congress · 7 November 1997
National Historic Lighthouse Preservation Act of 1997 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations. Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; and (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator. Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program. Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secretary's Historic Preservation Standards. Authorizes appropriations.
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
Federal Home Loan Bank System Modernization Act of 1997 - Amends the Federal Home Loan Bank Act (FHLBA) to instruct the Federal Housing Finance Board (the FHF Board) to divide the States into not fewer than one Federal Home Loan Bank district (currently 8 to 12 districts). (Sec. 4) Amends Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. (Sec. 5) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loan: (1) secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution; and (2) certain mutual fund shares. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the FHF Board. Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). (Sec. 6) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 7) Repeals certain requirements for advances to qualified thrift lenders (QTLs) and to FHLB members that are not QTLs. Amends the Home Owners' Loan Act to repeal the ineligibility of a non-QTL savings association to obtain new advances from a FHLB bank (thus making such savings associations eligible for such advances). Declares that, beginning three years after a savings association should have become or ceases to be a QTL, the savings association shall not retain any investment (including an investment in any subsidiary) or engage, directly or indirectly, in any activity unless that investment or activity would be permissible for the savings association if it were a national bank, and is also permissible for the savings association as a savings association. (Sec. 8) Amends the FHLBA to mandate that FHLBs: (1) jointly operate an Office of Finance (the Office) to act as agent and to issue FHLB banks' notes, bonds and debentures; and (2) establish a central board of directors. (Sec. 10) Authorizes the Office to issue consolidated bonds. (Sec. 11) Modifies mergers and consolidations guidelines to permit: (1) voluntary mergers, combinations, or consolidations of FHLB banks; and (2) FHLBs to establish or jointly own, subject to FHF Board approval and supervision, a subsidiary or holding company to perform administrative or operational functions. (Sec. 12) Terminates the Housing Opportunity Hotline program. Repeals the requirement that an FHLB receive prior approval of the FHF Board for the purchase, construction, or leasing of buildings. Specifies the FHF Board's power to issue notices of violations to any FHLB, and to take affirmative action to correct resulting conditions. Repeals: (1) the FHF Board's authority to approve FHLB advances; and (2) the attendant loan limitation restriction. Requires each Federal home loan bank to contribute annually ten percent of the preceding year's net income or the prorated sums required to assure that the aggregate contribution of the banks shall not be less than $100 million for each such year, to support subsidies, including subsidized advances, through the Affordable Housing Program. Declares that no FHLB dividends shall be paid except out of previously retained earnings or current net earnings (currently, net earnings) remaining after certain reductions. Repeals the FHF Board's authority to levy a special one-time assessment upon FHLBs for its estimated transitional expenses. (Sec. 13) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). (Sec. 14) Revamps FHLB capital structure parameters to require each FHLB board of directors to submit for FHF Board approval a capital structure plan determined by such directors to be best suited for the bank's condition and operation as well as for the interests of its shareholders. Specifies asset-based capital requirements. (Sec. 15) Restructures FHF Board membership to: (1) include the Chairperson of the Federal Deposit Insurance Corporation; and (2) reduce from four to three the number of citizen members. (Sec. 16) Revises investment parameters for FHLB surplus funds to prohibit FHLB investments in excess of those necessary for: (1) liquidity purposes; (2) ensuring adequate credit availability for members; (3) safe and sound bank operation; (4) maintenance of a stable capital base; and (5) support of the Affordable Housing Program, or for housing finance as administered by the Finance Board.
United States · United States Congress · 7 November 1997
Amends the Internal Revenue Code to revise specified provisions concerning air transportation taxes applicable to flights with a segment beginning or ending in either Alaska or Hawaii.
United States · United States Congress · 7 November 1997
Alaskan Community Health Aide Program Expansion Act of 1997 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish an Alaskan Community Health Aide Program to: (1) provide for the training of Alaskans as community health aides or community health practitioners; (2) use such aides or practitioners in the provision of health care, health promotion, and disease prevention services to Alaskans living in communities that do not qualify for the Community Health Aide Program for Alaska operated through the Indian Health Service; (3) provide for establishment of teleconferencing capacity in health clinics located in or near such communities for use by such aides and practitioners; (4) provide a high standard of training to such aides and practitioners to ensure that they provide quality health care, health promotion, and disease prevention services to the Alaskan communities served by the Program; (5) develop a curriculum for the training of such aides and practitioners; (6) establish a Community Health Aide Certification Board to certify trained or otherwise qualified individuals as community health aides or community health practitioners; (7) develop a system which identifies and creates programs to meet the needs of such aides and practitioners for continuing health care education; (8) develop a system that provides close supervision of such aides and practitioners; and (9) develop a system under which the work of such aides and practitioners is reviewed and evaluated to ensure the provision of quality health care, health promotion, and disease prevention services.
United States · United States Congress · 5 November 1997
TABLE OF CONTENTS: Title I: Political Relationship Title II: Applicability of Federal Law Title III: Foreign Affairs and Defense Title IV: Courts Title V: Trade Title VI: Taxation Title VII: Immigration Title VIII: Labor Title IX: Transportation and Telecommunications Title X: Land, Natural Resources, and Utilities Title XI: United States Financial Assistance Title XII: Technical Amendments and Interpretation Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution and within specified guidelines. (Sec. 102) Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. (Sec. 103) Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam. (Sec. 202) Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. (Sec. 203) Creates the Joint Commission on the Applicability of Federal Law. (Sec. 204) Authorizes the President to delegate to the Governor of Guam performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. (Sec. 302) Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. (Sec. 304) Prohibits the United States from using Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the cleanup by the United States of chemical dump sites used by the military. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. (Sec. 404) Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area. (Sec. 501) Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on certain imports and exports. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax to be known as the Guam Commonwealth income tax. (Sec. 603) Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. (Sec. 604) Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. (Sec. 605) Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. (Sec. 702) Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. (Sec. 802) Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. (Sec. 901) Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission to examine the applicability of such laws and to recommend their termination upon determining that such laws constrain Guam's economic development. (Sec. 902) Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and national defense interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. (Sec. 903) Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources, and Utilities - Grants the Government of Guam the power of eminent domain. (Sec. 1001) Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. (Sec. 1003) Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. (Sec. 1004) Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States equally applicable to Guam. (Sec. 1104) Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bastions in the Far East. (Sec. 1105) Provides for assistance to aid Guam's transition to a Commonwealth. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. (Sec. 1204) Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam in specified phases.
United States · United States Congress · 4 November 1997
Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border.
United States · United States Congress · 4 November 1997
Limits the amount of a veteran's disability compensation that may be deducted by reason of the receipt of military separation pay or a Department of Defense separation benefit to 75 percent of that pay or benefit. Makes such provision effective for compensation payments made by the Secretary of Veterans Affairs for months beginning after December 1991.
United States · United States Congress · 29 October 1997
Medicare Frontier Health Clinic and Center Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to permit health clinics and centers in health professional shortage areas with an average of at most six individuals per square mile to participate in the Medicare rural hospital flexibility program.
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 · 24 October 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
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 · 21 October 1997
TABLE OF CONTENTS: Title I: Economic Normalization Subtitle A: General Provisions Subtitle B: United States-China Trade and Investment Commission Title II: Strategic Relations Title III: Human Rights Subtitle A: General Provisions Subtitle B: Human Relations Commission United States-China Relations Act of 1997 - Declares that it is the policy of the United States to: (1) encourage the integration of the People's Republic of China (PRC) into the global economy and community of nations; (2) craft an economic, political, and strategic relationship with the PRC which builds mutual trust and encourages transparency; (3) cooperate with the PRC on regional and global political and strategic issues, and to encourage the constructive interdependence of the PRC in the Asia Pacific region; (4) recognize the PRC's sovereignty, and oppose any unilateral change in the status quo of one China policy, especially with respect to the Republic of China on Taiwan; (5) continue a close relationship with the Special Administrative Region of Hong Kong; and (6) enforce the Hong Kong Policy Act and any other provision that relates to the protection of civil liberties and the rule of law in Hong Kong. Title I: Economic Normalization - Subtitle A: General Provisions - Declares the policy of the United States with respect to the economic relationship between the United States and the PRC. (Sec. 103) Directs the United States Trade Representative (USTR) to study and report annually to the Congress on the economic benefits that existing bilateral trade agreements between the United States and the PRC have on U.S. employment, balance of trade, and international competitiveness. Directs the Secretary of State to report annually to the Congress on the commercial activities of the People's Liberation Army in the United States and the PRC. (Sec. 104) Directs the USTR to assess and advise the Congress on the feasibility of entering into a bilateral investment treaty with the PRC. Directs the Secretary of the Treasury to assess and advise the Congress on the feasibility of entering into a bilateral tax treaty with the PRC. Directs the President to: (1) review annually the functions and objectives of each United States-China Joint Commission; and (2) submit annually for congressional review a program plan identifying the objectives of each Commission and the resources required to achieve them. (Sec. 105) Directs the President to increase the rate of duty with respect to one or more products of China if, after the 1979 U.S. bilateral agreement with the PRC expires, it is determined that: (1) China is not according adequate trade benefits to the United States; or (2) it is not taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Requires the President to terminate such duty rate increase if the PRC becomes a WTO member, takes adequate steps to become a WTO member, or accords adequate trade benefits to the United States. Grants nondiscriminatory treatment (most-favored-nation) treatment to Chinese products upon China's accession to the WTO. Directs the President to: (1) develop criteria for supporting the PRC's participation in the Organization for Economic Cooperation and Development (OECD) and the G-7 meetings; and (2) when appropriate, initiate discussions with other OECD members and the G-7 regarding such participation. (Sec. 106) Earmarks specified FY 1999 and 2000 funding for strengthening and expanding to additional cities the U.S. consular and commercial presence in the PRC. Subtitle B: United States-China Trade and Investment Commission - Establishes a United States-China Trade and Investment Commission (USCTIC) to study and report annually to the President and the Congress with regard to: (1) business practices employed by U.S. and foreign persons conducting business in the PRC; (2) human rights, labor, and environmental conditions in each province of the PRC based on certain criteria under the Foreign Assistance Act of 1961 relating to insurance, financing, guarantees, and reinsurance by the Overseas Private Investment Corporation (OPIC); (3) other circumstances associated with the development of the rule of law and civil society in the PRC; (4) opportunities for bilateral cooperation for improving ecosystem management and pollution control, and for integrating policies that have environmental impact in the PRC; and (5) opportunities for developing voluntary environmental guidelines for industrial suppliers located in the PRC, including the implementation of ISO 14000 environmental management standards of the International Organization of Standards. (Sec. 116) Directs the Export-Import Bank, OPIC, and other U.S. agencies to take into consideration such study and report in funding any transaction with the PRC. Amends the Export-Import Bank Act to provide that the prohibition on aid to Marxist-Leninist countries shall not apply to guarantees, insurance, or extension of credit by the Bank to a province of the PRC if the USCTIC determines that the province meets the criteria for OPIC insurance, financing, guarantees, and reinsurance in the Foreign Assistance Act of 1961. Amends the Foreign Assistance Act of 1961 to authorize OPIC to insure, reinsure, guarantee, or finance a project in the PRC if the USCTIC determines that the province in which such project is located meets applicable criteria for insurance, financing, guarantees, and reinsurance. Title II: Strategic Relations - States that it is the policy of the United States to: (1) encourage the political and military integration of the PRC into the Asia Pacific region and the larger global community of nations; (2) maintain a strong U.S. presence in the Asia Pacific region and encourage cooperation between the United States, the PRC, and other nations; (3) encourage transparency in military funding in the PRC to the greatest extent possible; and (4) engage in confidence building measures between the United States and the PRC in order to reduce the risk of unintended conflict. (Sec. 203) Requires the Secretaries of State, of Defense, and of Commerce, along with the heads of other intelligence agencies, to provide the Congress with: (1) a report analyzing the effectiveness of existing weapons proliferation export controls and sanctions relating to the PRC; and (2) a report describing economic, political, and military espionage conducted by the PRC against the United States. (Sec. 204) Expresses the sense of the Senate that the President should continue and expand contact and exchanges between national security personnel from the United States and of the PRC. Directs the President to take steps to establish a bilateral committee with the PRC in order to begin a dialogue about: (1) the maintenance of stability in regions where there are energy resources of mutual interest to the United States and the PRC; and (2) common interests in the PRC's securing a stable and adequate food supply and the interests of the United States as a supplier of such food. (Sec. 205) Directs the President to take steps to establish a multilateral risk reduction protocol with the PRC and other governments in East Asia that includes establishing a line of direct communication between Washington and the PRC and developing a protocol for naval encounters in international waters (Sec. 206) Expresses the sense of the Senate that: (1) the security and stability of the Near East is threatened by any augmentation of weapons inventories by Iran and Iraq; and (2) the President should vigilantly enforce the Iran-Iraq Arms Non-Proliferation Act of 1992. Title III: Human Rights - Subtitle A: General Provisions - States that it is the policy of the United States to: (1) encourage the PRC to adhere to internationally accepted norms for the rule of law, human rights, and worker rights; and (2) develop a consistent multilateral response to the record of the PRC on human rights and worker rights. (Sec. 303) Requires the President to direct the Director of the United States Information Agency and the Board of Broadcasting Governors to: (1) increase the broadcast hours of the Voice of America and Radio Free Asia to the PRC; and (2) broadcast to the PRC in multiple Chinese dialects. Authorizes additional appropriations for grants to the National Endowment for Democracy which shall be available only for programs relating to the PRC. (Sec. 304) Provides that, in the absence of significant progress in improving human rights in the PRC, the President shall direct the U.S. Permanent Representative to the United Nations to develop and implement a strategy to ensure that there is a debate and discussion every year on the human rights record of the PRC before the United Nations Commission on Human Rights. Subtitle B: Human Relations Commission - Directs the President to appoint a Human Relations Commission to: (1) assess the status of human rights and worker rights in the PRC based on the Universal Declaration of Human Rights and internationally recognized worker rights; (2) work to develop a bilateral commission between the United States and the PRC on human rights and worker rights; (3) expand opportunities for the exchange between the United States and the PRC of judges, attorneys, religious leaders, customs officials, and members and staff of the executive and legislative branches of government; (4) encourage overseas development assistance programs that support establishment of the rule of law and civil society in the PRC; and (5) identify opportunities for multilateral action on human rights and worker rights, and rejuvenate initiatives in the International Labor Organization relating to such rights. (Sec. 312) Provides that, in assessing the status of such rights, the Commission shall establish a Prisoner Information Registry containing specified information about people detained in the PRC as political and religious prisoners and prisoners of conscience. Requires the Commission to: (1) report annually to the President and the Congress on the results of such assessment; and (2) if it determines that the PRC is not making progress in improving the status of such rights within two years after its first meeting, recommend that the President strengthen U.S. policies intended to improve the status of human rights and worker rights in the PRC.
United States · United States Congress · 9 October 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 9 October 1997
Indian Employment and Training Improvement Act of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) allow Indian tribal governments to use a specified percentage of the funds made available under the Act for the creation of employment opportunities, including providing private sector training placement; (2) transfer lead agency responsibility for demonstration projects from the Bureau of Indian Affairs to the Office of Self-Governance of the Department of the Interior; and (3) revise the requirement regarding the assignment of Federal personnel to State Indian economic development programs to provide for Federal personnel assignments to Indian tribes with such programs. Sets forth requirements concerning: (1) Indian tribal government consolidated advisory committees; and (2) Alaska regional consortia.
United States · United States Congress · 9 October 1997
Indian Employment, Training and Related Services Demonstration Act Amendments of 1997 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to, among other things: (1) revise requirements regarding affected programs to include programs for securing employment, retaining employment, or securing employment and permits such programs to include the general assistance program established under the Snyder Act and the Johnson O' Malley Program established under the Johnson O' Malley Act; (2) set a limitation on the funds used for expenditures for authorized job creation activities; and (3) transfer Federal responsibility for demonstration programs under the Act from the Bureau of Indian Affairs (BIA) to the Office of Self-Governance (OSG) of the Department of the Interior and provide for the transfer of personnel and services from the BIA to the OSG.
United States · United States Congress · 8 October 1997
Northern Mariana Islands Covenant Implementation Act - Amends the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (the Covenant Act) to apply the Immigration and Nationality Act to the Commonwealth over a ten-year transition period during which the Attorney General shall implement an immigration transition program for it. States that the transition program shall provide for the issuance of nonimmigrant temporary alien worker visas, as well as family-sponsored and employment-based immigrant visas. Sets forth a statutory scheme for: (1) temporary alien workers; (2) immigrants; (3) investor visas; (4) lawful entry under Commonwealth immigration laws; and (5) travel restrictions for certain asylum applicants. Directs the Secretaries of the Interior and of Labor to develop a technical assistance program to aid employers in securing employees from among U.S. labor or lawfully admissible freely associated state citizen labor. Authorizes the Attorney General and the Department of Labor to establish Immigration and Naturalization Service, Executive Office of Immigration Review, and Department of Labor operations in the Northern Mariana Islands. Directs the President to report to certain congressional committees an evaluation of the overall effect of the transition program and the Immigration and Nationality Act upon the Northern Mariana Islands. Prohibits the Commonwealth from permitting an increase in the total number of temporary alien workers present on the Islands during the period between enactment of this Act and the effective date of the transition program. Sets for the Commonwealth a minimum wage through December 31, 1998, of $3.35 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Commonwealth the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate. Amends the Harmonized Tariff Schedules of the United States and other Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands, and prohibit its duty-free entry into the U.S. customs territory as the product of an insular possession, unless it is produced in a factory certified by the U.S. Department of Labor to use full-time employee equivalents of labor in the required percentage of qualified hours of labor performed by a citizen, national, other protected individual, or a citizen of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia.
United States · United States Congress · 6 October 1997
Calls on the Smithsonian Institution, the National Gallery of Art, and any other premier art museums in the United States having pertinent expertise in restoration to provide technical assistance to aid in the restoration of the Basilica of St. Francis of Assisi and the works of art that have been damaged in the 1997 earthquakes.
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 · 1 October 1997
Special Separation Benefits Improvement Act - Limits the amount of veterans' disability compensation that may be deducted as a result of the payment of special separation benefits to not more than 75 percent of the amount of the separation benefits. Makes such amendment effective for benefits paid for months beginning after December 5, 1991.
United States · United States Congress · 25 September 1997
Estuary Habitat Restoration Partnership Act of 1997 - Establishes the Estuary Habitat Restoration Collaborative Council, to be composed of specified Federal officials. Directs the Council to develop an estuary habitat restoration strategy to ensure a comprehensive approach to the selection and prioritization of estuary habitat restoration projects and the full coordination of Federal and non-Federal activities related to such restoration. Requires, as part of such strategy, the development of: (1) a framework for coordinating and streamlining existing Federal plans and programs; and (2) proposals to maximize incentives for public-private partnerships and to leverage Federal resources to encourage increased private sector involvement in such restoration. Sets forth factors to be considered by the Council in determining project selection and assistance eligibility. Authorizes a restoration project to be designated as a priority project if it meets selection criteria and: (1) it addresses a restoration goal identified in the strategy; (2) it is part of an approved Federal estuary management or habitat restoration plan; (3) the non-Federal share of the project exceeds 50 percent; and (4) there is a nonpoint source program upstream of the project that addresses upstream sources that would otherwise re-impair the restored habitat. Gives such projects a higher priority for funding. Permits the Council to pay up to 25 percent of the cost of interim actions of restoration activity, pending completion of the strategy. Prohibits selection of a project until non-Federal interests have entered into specified written cooperation agreements pertaining to water resources projects in accordance with the Flood Control Act of 1970. Requires such agreements to provide for project maintenance and monitoring. Authorizes appropriations for the Council. Requires non-Federal applicants for assistance to demonstrate that a project meets this Act's requirements and selection criteria. Limits the Federal share of assistance to between 25 and 65 percent of a project's cost. Raises the maximum limit to 75 percent of the cost in cases of demonstrated need. Authorizes the Council to use funds made available under this Act to pay the share of costs of estuary habitat restoration activities eligible for funding under other laws if such activities would also be eligible for funding under this Act. Directs the Under Secretary for Oceans and Atmosphere to maintain a database of information on projects funded by the Council. Makes certain funds provided under the Water Resources Development Acts of 1986 and 1996 available to States and non-Federal persons in carrying out interim actions or projects under this Act. Authorizes appropriations. Requires the Secretary of the Army to give estuary habitat restoration projects the same consideration as irrigation, navigation, or flood control projects and to establish such restoration as a primary mission of the Army Corps of Engineers. Authorizes the Secretary to carry out such projects. Directs the Comptroller General to report to the Congress and the Secretary on the extent to which the Council needs additional personnel and administrative resources to carry out this Act, including recommendations for necessary additional funding.
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 · 23 September 1997
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 16 September 1997
Endangered Species Recovery Act of 1997 - Amends the Endangered Species Act to direct the Secretary of the Interior or Commerce, as appropriate, where required to use the best scientific and commercial data available, to give greater weight to data that is empirical, field-tested, or peer-reviewed when evaluating comparable data. Adds the introduction of species and competition to the list of factors to be considered in making determinations of whether a species is endangered or threatened. Repeals a requirement that a designation of critical habitat be made concurrently with any such determination. Requires the Secretary, upon a determination that the goals of the recovery plan for a species have been met, to initiate procedures for determining whether to remove a species from the endangered or threatened list. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on historical and current range and distribution of the species; (2) appraisals of available data on status and trends of populations of, and threats to, the species; and (3) identification of information contained in the petition that has been peer-reviewed or field-tested. Sets forth requirements for notification of State agencies to solicit assessment of petitions or proposals by the Secretary to list a species. Requires a public hearing to be held in each State that would be affected by a proposed regulation on endangered or threatened species, at the request of any person. Limits the total number of hearings to five. Provides for independent scientific peer review of proposed regulations on endangered or threatened species or determinations that a species should be removed from a list. Repeals provisions regarding recovery plans. Permits withholding or limiting the availability of data requested under Freedom of Information Act provisions if release of the data would be likely to result in increased take of an endangered or threatened species or one proposed for listing. (Sec. 3) Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Requires plans to: (1) contain biological recovery goals and objective, measurable benchmarks to determine progress toward such goals; and (2) identify Federal agencies that authorize, fund, or carry out actions likely to have a significant impact on prospects for recovering the species. Makes such goals subject to independent scientific review. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Permits the Secretary to enter into agreements with Federal agencies, affected States, Indian tribes, local governments, private landowners, and organizations to implement conservation measures identified by approved plans that promote species recovery on lands or waters owned by, or within the jurisdiction of, such parties. Authorizes grants of up to $25,000 to individual landowners for carrying out such agreements. Bars grants for actions for which a permit is required under any Federal law. Sets forth conditions under which States may develop recovery plans. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Provides for revisions of such designations, as appropriate. (Sec. 4) Requires Federal agencies responsible for the management of lands and waters to: (1) provide the Secretary with an inventory of endangered and threatened species as well as species proposed, or identified as candidates, for listing on lands or waters under their control; and (2) update such inventory at least every five years. Directs Federal agencies, prior to commencing any action, to notify the Secretary if such action may affect an endangered or threatened species or critical habitat. Requires a Federal agency to consult with the Secretary on each action for which notification is required unless: (1) such agency determines, based on the opinion of a qualified biologist that the action is not likely to adversely affect such species or habitat; (2) the agency has made such determination and provides the Secretary with the information on which the determination was based; and (3) the Secretary does not object to such determination within 60 days of receiving notification. Permits the Secretary to identify categories of actions determined to have adverse effects and for which consultation shall not apply. Authorizes the Secretary to object to agency determinations under certain conditions. Requires the Secretary to enter into arrangements with the National Academy of Sciences to review and report on agency determinations made under this section. Directs the Comptroller General to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the cost of formal consultation to Federal agencies and other persons. Authorizes Federal agencies implementing land use or resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Authorizes consultation and conferencing between the Secretary and a Federal agency, with the Secretary's approval, to encompass a number of related or similar actions by the agency within a particular geographic area. Permits the consolidation of requests for consultation or conferencing from various Federal agencies whose actions may affect the same species within a particular geographic area. Provides for the participation of States and persons who have sought authorization or funding subject to consultation in consultation proceedings. (Sec. 5) Authorizes the development of multiple species conservation plans which may include measures for non-listed species. (Conservation plans are required to be developed in connection with incidental takings of species which are otherwise prohibited.) Authorizes the Secretary and the heads of Federal agencies to provide technical assistance or guidance to States or persons developing such plans. Establishes deadlines for plan approval. Allows the Secretary to issue a permit for a low effect activity authorizing an otherwise prohibited taking if the activity will have no more than a negligible effect on the species, any taking will be incidental, and the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Requires the Secretary to minimize permitting costs by developing model permit applications that would constitute conservation plans for low effect activities. Requires conservation plans to include a "no surprises" provision such that a person who is in compliance with a plan may not be required to undertake additional mitigation measures for a species covered by the plan if such measures would require additional money or the adoption of additional use, development, or management restrictions on land, waters, or water-related rights that would otherwise be available under the plan. Provides for the identification of plan modifications or other measures that may be required under extraordinary circumstances. Authorizes the Secretary to enter into candidate conservation agreements with a non-Federal person for a species that is proposed for listing, is a candidate species, or is likely to become a candidate species. Sets forth conditions for approval of such agreements. Includes a "no surprises" provision in such agreements as well. Provides for public participation in the development of multiple species conservation plans and permit applications. Authorizes the Secretary to enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for such species. Requires the Secretary, under such agreements, to permit the person to take endangered or threatened species on lands or waters subject to the agreement if the taking is incidental to, and not the purpose of, an otherwise lawful activity. Prescribes a mutually agreed upon baseline requirement that will, at a minimum, maintain existing conditions for the species. Authorizes the baseline to be expressed in terms of the abundance or distribution of species, quantity or quality of habitat, or other appropriate indicators. Provides for grants of up to $10,000 to any private landowner to carry out such agreements, subject to the availability of appropriations. Requires the Secretary to: (1) establish a habitat reserve program to be implemented through contracts or easements to assist non-Federal property owners in preserving and managing suitable habitat for endangered and threatened species; and (2) make payments to such property owners for carrying out an agreement, provided that the activities carried out are not otherwise required by the Act. Authorizes appropriations. Establishes the Habitat Conservation Planning Fund, from which the Secretary may make interest-free advances to States and other political subdivisions to assist in the development of conservation plans. Requires advances to be repaid within ten years or earlier, if no conservation plan is developed or no permit for incidental taking is issued. (Sec. 6) Requires, in civil and criminal actions, actions to enjoin persons alleged to be in violation, or citizen suits brought under the Act, that the Secretary, Attorney General, or other person, as appropriate, establish, using scientifically valid principles, that the acts of a person have caused or will cause the taking of an endangered or threatened species. (Sec. 7) Directs the Secretary to implement a private landowners education and technical assistance program to: (1) inform the public about the Act; (2) respond to requests for technical assistance from property owners interested in conserving listed species, those proposed for listing, and candidate species; and (3) recognize exemplary efforts to conserve species on private land. (Sec. 8) Extends the authorization of appropriations to carry out the Act through FY 2003. Makes additional authorizations of appropriations to carry out specified activities under this Act.
United States · United States Congress · 10 September 1997
Huna Totem Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of Agriculture, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Huna Totem Corporation the surface estate to certain Federal lands; (2) Sealaska Corporation title to the subsurface estate in such lands; and (3) United States, by the Huna Totem Corporation, specified lands needed as a municipal watershed area and a municipal greenbelt buffer from timber harvesting activities. Directs that timber harvested from land conveyed to Huna Totem Corporation is not available for export as unprocessed logs from Alaska, nor may Huna Totem Corporation sell, trade, exchange, substitute, or otherwise convey such timber to any person for the purpose of exporting that timber from the State of Alaska.
United States · United States Congress · 10 September 1997
Kake Tribal Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of Agriculture, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Kake Tribal Corporation title to certain land suitable for development; (2) Sealaska Corporation title to subsurface estate in such land needed as municipal watershed area; and (3) United States, by the Kake Corporation, specified lands. Prohibits: (1) timber harvested from lands conveyed to the Kake Tribal Corporation being made available for export as unprocessed logs from Alaska; and (2) the Kake Tribal Corporation from selling, trading, exchanging, substituting, or otherwise conveying such timber to any person for export from Alaska. States that the land exchange valuation shall be in accordance with the Act.
United States · United States Congress · 9 September 1997
Expresses the condolences of the Congress on the death of Mother Teresa. Designates September 13, 1997, as a National Day of Recognition for the humanitarian efforts of Mother Teresa and those who have labored with her in service to the poor and afflicted of the world.
United States · United States Congress · 2 September 1997
TABLE OF CONTENTS: Title I: Alternative Fuels - General Title II: Alternative Fuels - Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles Biodiesel Energy Development Act of 1997 - Title I: Alternative Fuels - General - Amends the Energy Policy Act of 1992 to modify definitions relating to alternative fuels, dual-fueled vehicles, heavy duty motor vehicles, and marine vessels. Amends the Energy Policy and Conservation Act with respect to alternative fuel use by light duty Federal vehicles to provide that if such vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild. Amends the Energy Policy Act of 1992 to require the Secretary of Energy (Secretary), if appropriate, to permit a Federal fleet to: (1) acquire one heavy duty alternative fueled vehicle in place of two light duty alternative fueled vehicles; and (2) take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. Title II: Alternative Fuels - Non-Federal Programs - Requires State and local alternative fuel incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative fuels used in flexible fueled school buses and school bus conversions to alternative fueled vehicles. (Sec. 203) Requires the Secretary to study and report to Congress on alternative fuel use in marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the mandate for alternative fuel providers to include regulation of heavy duty trucks. (Sec. 301) Cites circumstances under which the Secretary may allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major vehicle overhaul or rebuild. (Sec. 302) Directs the Secretary to: (1) include heavy duty motor vehicles in the program to promote the development and use in light duty motor vehicles of domestic replacement fuels; and (2) review every five years a development plan and production goals for replacement fuel supply and demand. (Sec. 304) Modifies the fleet program purchase goals to require that specified percentages of new light duty motor vehicles acquired in each model year be acquired as, or converted into, alternative fueled vehicles. Modifies the fleet requirement program to direct the Secretary to permit fleets to substitute the acquisition or conversion of one heavy duty alternative fueled vehicle for two light duty vehicle acquisitions to meet program requirements. Permits a fleet owner to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the fuel for such vehicle for compliance purposes, if the original equipment manufacturer's warranty continues to apply to the vehicle. Allows a fleet owner a credit for such conversion. (Sec. 305) Instructs the Secretary to allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for one year for any dual-fueled vehicle acquired or converted under this Act. Sets forth a credit allocation scheme for dual-fueled vehicles and alternative fuel. (Sec. 306) Requires the Secretary to submit to the Congress recommended requirements for exempting replacement fuels from taxes levied on non-replacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
United States · United States Congress · 31 July 1997
Interstate Compact - Grants the consent of the Congress to the Northwestern Wildland Fire Protection Agreement to promote effective prevention, presuppression, and control of forest fires in the Northwestern wildland region of the United States and adjacent areas of Canada.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Mineral Materials Title VII: Administrative Provisions Mining Law Reform Act of 1997 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the fifth amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. (Sec. 204) Prescribes general patent issuance guidelines. Retains a Federal right of reentry in lands patented under this Act. Delineates circumstances under which such right shall ripen. Declares this Act inapplicable to mining claims and sites contained within mineral patent applications pending as of September 30, 1997, or for which a vested possessory property right against the United States exists on the date of enactment of this Act. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of five percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any person with annual net proceeds from such mineral production of less than $50,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Establishes civil penalties for nonpayment of royalties. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Mineral Materials - Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). (Sec. 602) Amends Federal law to state that lands known to contain valuable deposits of mineral materials, but not covered by any contract, permit, or lease, or by a valid mining claim, for uncommon varieties of mineral materials, are subject to disposition by lease by the Secretary. Cites as lease conditions: (1) a minimum royalty payment of two percent of the quantity or gross value of the mineral output; and (2) certain rental payments. Specifies such rental payments in the following order: (1) 25 cents per acre for the first calendar year; (2) 50 cents for the second, third, fourth, and fifth years, respectively; and (3) $1 per acre per annum thereafter for the life of the lease. Requires such rental to be credited against royalties accruing for the year. Sets the lease term for 20 years and so long thereafter as the lessee complies with the lease terms. Conditions leases upon a minimum annual production, or payment of a minimum royalty in lieu thereof. Authorizes the Secretary to permit suspension of operations under such leases when marketing conditions do not permit leases to operate without a loss. Directs the Secretary to renew leases subject to the same tenure and conditions as provided for in this Act. Authorizes the Secretary to grant prospecting permits with the exclusive right to prospect for mineral materials for a maximum two-year period on up to 2,560 acres of Federal land in reasonably compact form. Entitles a permittee to lease the land described in such permit (subject to a minimum royalty of two percent of the quantity or gross value of the mineral material output at the point of shipment to market) upon showing that the permittee has discovered valuable mineral deposits subject to the Materials Act of 1947. Entitles holders of valid mining claims for uncommon varieties of mineral materials to receive a lease. Amends Federal law regarding unpatented mining claims to assert the Federal right to manage and dispose of mineral material surface resources, or to sever, remove, or use them before issuance of a mining patent. Authorizes the Secretary to negotiate a contract for the disposal of mineral materials, in lieu of disposing of them to the highest responsible qualified bidder after formal public notice, as required by current law. Title VII: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
United States · United States Congress · 31 July 1997
Parent and Student Savings Account PLUS Act - Amends the Internal Revenue Code with respect to education individual retirement accounts to: (1) include qualified elementary and secondary education expenses (including home schooling); and (2) increase annual contribution limits to $2,000.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service Subtitle A: Executive Branch Governance and Senior Management Subtitle B: Personnel Flexibilities Title II: Electronic Filing Title III: Taxpayer Protection and Rights Title IV: Congressional Accountability for the Internal Revenue Service Subtitle A: Oversight Subtitle B: Budget Subtitle C: Tax Law Complexity Internal Revenue Service Restructuring and Reform Act of 1997 - Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service - Subtitle A: Executive Branch Government and Senior Management - Amends the Internal Revenue Code (IRC) to replace current provisions establishing the office of the Commissioner of Internal Revenue with provisions establishing the Internal Revenue Service Oversight Board (the Board). Requires that seven of the nine members of the Board not be full-time Federal officers or employees. Requires that all Board members have expertise in, among other things: (1) management of large service organizations; (2) customer service; and (3) the needs and concerns of taxpayers. Requires the Board to: (1) review and approve strategic plans of the Internal Revenue Service (IRS); (2) review the operational functions of the IRS; (3) select the Commissioner of Internal Revenue (Commissioner), as well as senior IRS managers, and review the Commissioner's reorganization plans; and (4) review and approve the IRS budget request, as well as ensure audits of the IRS. (Sec. 102) Replaces current provisions which authorize the Secretary of the Treasury (Secretary) to employ such personnel as necessary for the proper administration and enforcement of the internal revenue laws with provisions requiring there to be in the Department of the Treasury a Commissioner who shall be appointed by the Board for a five-year term. Sets forth the duties of the Commissioner, including the: (1) administration and management of the internal revenue laws; and (2) Commissioner's responsibility to consult with the Board. Establishes and sets forth duties for: (1) a Chief Counsel for the IRS to be appointed by the President; (2) the Office of Employee Plans and Exempt Organizations; (3) an Office of the Taxpayer Advocate. (Sec. 103) Replaces current provisions concerning the effect of reorganization plans with provisions which authorize the Commissioner to employ such number of persons as proper to administer and enforce the internal revenue laws. Subtitle B: Personnel Flexibilities - Directs the Commissioner to establish a performance management system covering IRS employees which: (1) establishes retention standards; and (2) establishes performance goals or objectives. Provides for awards based on performance, but prohibits making an award solely on the basis of tax enforcement results. Sets forth other provisions concerning: (1) classification and pay; (2) staffing; and (3) demonstration projects. Title II: Electronic Filing - Provides for paperless filing and payment of taxes. Title III: Taxpayer Protection and Rights - Sets forth provisions concerning taxpayer protections and rights, including provisions concerning: (1) authority to issue taxpayer assistance orders; (2) authority to award costs and fees; (3) damages for negligence in collection actions; (4) criteria and procedures for selecting taxpayers for examination; (5) archival treatment of IRS records; (6) freedom of information; (7) offers-in-compromise; (8) jurisdiction of the Tax Court; (9) cataloging of complaints; and (10) procedures for taxpayer interviews. (Sec. 309) Eliminates the interest differential on overpayments and underpayments. (Sec. 310) Eliminates the failure to pay penalty as long as an installment payment agreement is in effect. (Sec. 311) Directs the Secretary to accept installment tax liability payments if: (1) such liability does not exceed $10,000; (2) the taxpayer has, during the past five years, paid on time; and (3) the taxpayer has not entered into a prior installment agreement. (Sec. 313) Directs the Secretary to make grants to provide matching funds for qualified low-income taxpayer clinics. (Sec. 319) Provides for studies concerning: (1) taxpayer confidentiality; (2) penalty administration; (3) treating all taxpayers as separate filing units; and (4) burden of proof. Title IV: Congressional Accountability for the Internal Revenue Service - Subtitle A: Oversight - Authorizes the Joint Committee on Taxation (Joint Committee) to procure the services of experts for investigations of the IRS by the General Accounting Office. (Sec. 402) Establishes additional reporting requirements for the Joint Committee. Subtitle B: Budget - Provides for additional budget authority for the IRS, but only on annual basis and only if specified improvements are made in taxpayer services. (Sec. 413) Directs the Commissioner to convene a financial advisory management group to advise the Commissioner. Subtitle C: Tax Law Complexity - Expresses the sense of the Congress that the IRS should provide the Congress with an independent view of tax administration. (Sec. 422) Requires a Senate or House of Representatives committee, when reporting legislation including any provision amending the IRC, to contain within the report a Tax Complexity Analysis. (Sec. 423) Declares it to be the policy of the Congress that employers should have a single point of filing tax and wage reporting information. (Sec. 424) Requires the Joint Committee to prepare a study of the feasibility of developing a baseline estimate of taxpayers' compliance burdens against which future legislative proposals could be measured.
United States · United States Congress · 31 July 1997
Community Recreation and Conservation Endowment Act of 1997 - Amends the Land and Water Conservation Fund Act of 1965 to require all escrowed oil and gas revenues and interest received by the United States pursuant to the June 19, 1997, Supreme Court decision in United States v. Alaska to be deposited in a special Treasury account known as the Community Recreation and Conservation Endowment Account. Authorizes financial assistance to States from interest earned on the Account. Requires States to make at least one-half of the average annual apportionment of assistance available to local governments and other qualified recipients. Provides for annual apportionment of such interest among the States and revises the existing apportionment formula. Treats Indian tribes and Alaska Native village corporations collectively as one State for assistance purposes and apportions interest in accordance with a competitive grant program, such that no tribe or corporation receives more than ten percent of the total amount made available to all tribes and corporations. Permits such funds to be expended only for outdoor recreation planning or development. Provides that receipt of such funds shall not prevent a tribe or corporation from receiving grants for other purposes under the regular apportionment of the State in which it is located. Removes a requirement that at least 40 percent of appropriations from the Land and Water Conservation Fund be available for Federal purposes.
United States · United States Congress · 30 July 1997
King Cove Health and Safety Act of 1997 - Directs the Secretary of the Interior to grant the Aleutians East Borough a perpetual right-of-way of 100 feet in width through specified land in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska, if the King Cove Corporation transfers specified lands to the United States within six months after enactment of this Act. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Lands Conservation Act of 1980. Deems such transferred land interests to be of equal value. Directs the Secretary of the Interior and the Aleutians East Borough to jointly develop and agree to reasonable terms and conditions for the use of such right of way which will protect the Federal lands, interest in lands, and resources beneath and adjacent to the right-of-way without imposing undue costs on either party.
United States · United States Congress · 30 July 1997
Allows an individual with a disability who has or is granted the privilege of the Senate floor to bring necessary supporting aids and services (including service dogs, wheelchairs, and interpreters) on the Senate floor, unless the Senate Sergeant at Arms determines that the use of such supporting aids and services would place a significant difficulty or expense on Senate operations in accordance with the Rules for Regulation of the Senate Wing of the U.S. Capitol.
![Official portrait of Sen. Murkowski, Frank H. [R-AK]](https://www.congress.gov/img/member/m001085_200.jpg)