United States · United States Congress · 23 February 1998
Directs the President to inform the employees of a covered agency (or of contractors having classified contracts with such agencies) that: (1) the disclosure to a congressional committee having as its primary responsibility the oversight of a Federal department, agency, or element of evidence of a false statement to the Congress on an issue of material fact, of gross mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety, or of a violation of any law, rule, or regulation is not prohibited by law, executive order, or regulation; and (2) members of such committee are presumed to have a need to know and may receive such information only in their capacity as committee members. Defines "covered agencies" as the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, the Federal Bureau of Investigation, and any other executive agency having as its principal function the conduct of foreign intelligence or counterintelligence activities.
United States · United States Congress · 12 February 1998
Declares that the Congress recognizes that: (1) parents choose many legitimate forms of child care to meet their individual needs; (2) child care needs of at-home parents and working parents should be given careful consideration by the Congress; and (3) any quality child care proposal should reflect careful consideration of providing financial relief for those families where there is an at-home parent. Calls for no bias against at-home parents, and recognizes and applauds their sacrifices and efforts.
United States · United States Congress · 11 February 1998
Parental Freedom of Information Act - Amends the General Education Provisions Act to prohibit the availability of funds under any applicable program to any educational agency or institution that has a policy of denying, or that effectively prevents, parents of elementary and secondary school students from exercising the right to inspect and review any instructional materials used with respect to the educational curriculum of, or certain testing materials administered to, their children. Allows parents to maintain a civil action for appropriate relief if their right to gain access to such information is violated. Prohibits the availability of funds under any applicable program to an educational agency or institution that, as part of an applicable program and without the prior written informed consent of the parent of a student, requires the student to: (1) undergo medical, psychological, or psychiatric examination, testing, treatment, or immunization, except in the case of a medical emergency; or (2) reveal any information about the student's personal or family life, except to the extent necessary to comply with the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 9 February 1998
Amends the Communications Act of 1934 to require that, in order for a telecommunications carrier to verify a subscriber's selection of a telephone exchange or toll service provider, such carrier shall, at a minimum, require the subscriber to: (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm the subscriber's authority to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; (5) acknowledge that the individual making such communication is the subscriber; and (6) provide any other such information as considered appropriate for the subscriber's protection. Requires Federal Communications Commission (FCC) selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for verification of a change of service in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as considered appropriate by the FCC. Makes the above provisions inapplicable to providers of commercial mobile service. Requires a carrier selected by a subscriber to notify the subscriber in writing not more than 15 days after such selection, and to include the name of the individual who authorized such change. Provides for the prompt resolution of complaints concerning an unauthorized change. Requires the FCC to provide a simplified process for resolving such complaints, and authorizes the FCC to award damages in the amount of $500 or the actual damages, if greater. Provides penalties for violations of this section and authorizes the FCC to collect fines and damages. Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaged in a practice of changing service providers without subscriber authority. Gives Federal courts exclusive jurisdiction over such actions. Requires the FCC to be notified of any such action. Directs the FCC to issue a report on the telemarketing practices used by carriers to solicit subscriber service changes. Authorizes the FCC to initiate a rulemaking to prohibit the use of any practices found to likely mislead, deceive, or confuse subscribers.
United States · United States Congress · 3 February 1998
Human Cloning Prohibition Act - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology; and (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both; and (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.
United States · United States Congress · 3 February 1998
Human Cloning Prohibition Act of 1998 - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology; and (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both; and (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.
United States · United States Congress · 28 January 1998
Medicare Venipuncture Assessment Act of 1998 - Amends the Balanced Budget Act of 1997 to place an 18-month moratorium on the prohibition against payment for home health services consisting of venipuncture solely for purposes of obtaining a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act. Requires the report on the definition of homebound to include specific legislative recommendations to reduce waste, fraud, and abuse (if any) in the determination of whether an individual is homebound without jeopardizing the Medicare services provided to beneficiaries with serious medical conditions.
United States · United States Congress · 28 January 1998
Condemns the continued threat to international peace and security posed by Iraq's refusal to meet its international obligations and end its weapons of mass destruction programs. Urges the President to: (1) take all necessary and appropriate actions to respond to such threat; and (2) work with the Congress in furthering a long-term policy aimed at definitively ending such threat.
United States · United States Congress · 27 January 1998
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 95 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Improving Monetary Policy and Financial Institution Management Practices Title II: Streamlining Activities of Institutions Title III: Streamlining Agency Actions Title IV: Disclosure Simplification Title V: Miscellaneous Title VI: Technical Corrections Financial Regulatory Relief and Economic Efficiency Act of 1997 - Title I: Improving Monetary Policy and Financial Institution Management Practices - Amends the Federal Reserve Act (FRA) to permit interest payments on reserves maintained at a Federal reserve bank to meet depository institution reserve requirements. (Sec. 102) Repeals the limitation on the authority of a depository institution to permit the owner of any deposit or account to make withdrawals by negotiable or transferable instruments for transfers to third parties. (Currently, such authority may be applied only with respect to the accounts of charitable, religious, and other nonprofit organizations, as well as to Federal, State, and local governments.) Amends the FRA, the Home Owners' Loan Act (HOLA), and the Federal Deposit Insurance Act (FDIA) to repeal the prohibition against interest or dividend payments on demand deposits. (Sec. 103) Amends HOLA to: (1) repeal savings association liquid asset and dividend notice requirements; (2) provide for examination of savings association companies; (3) repeal certain restrictions on interstate acquisitions that result in the formation of a multiple savings and loan holding company which controls savings and loan associations in more than one State; and (4) permit a savings and loan holding company, with the prior approval by the Director of the Office of Thrift Supervision, to acquire more than five percent of the voting shares of a non-subsidiary savings association or non-subsidiary savings and loan holding company. (Sec. 108) Amends the FDIA to repeal deposit broker notification and recordkeeping requirements. (Sec. 109) Amends the FRA to reserve to the Board of Governors of the Federal Reserve System (the Board) (currently, the appropriate Federal banking agency) the authority to promulgate regulations on extensions of credit to executive officers of member banks. (Sec. 110) Amends the National Bank Consolidation and Merger Act to prescribe expedited procedures permitting a national banking association to: (1) reorganize as either a bank holding company, or as a bank holding company subsidiary; or (2) merge with subsidiaries or nonbank affiliates. (Sec. 111) Amends Federal banking law to increase from one year to three years the term of the national bank director. Amends the Banking Act of 1933 to authorize the Comptroller of the Currency to exempt a national banking association from the 25-member limit on the number of members of an association's governing body. (Sec. 113) Amends Federal banking law and the FDIA to exclude from the prohibition against loans or discounts on the security of the shares of its own capital stock any such loan or discount if a national banking association or depository institution acquires the stock in order to prevent loss upon a debt contracted for in good faith before the discount transaction or loan date. Removes the prohibition against depository institution affiliation with a Government-sponsored enterprise. (Sec. 116) Amends the Bank Holding Company Act of 1956 (BHCA) to: (1) repeal certain cross-marketing restrictions placed upon banks controlled by certain companies that are not treated as bank holding companies; (2) preserve the exemption from bank holding company treatment of certain companies whose limited purpose bank subsidiary may have permitted overdrafts resulting from an inadvertent computer or accounting error beyond the control of both the bank and the affiliate (daylight overdrafts); and (3) authorize actions which specified banks may take to avoid divestiture following loss of exemption from treatment as bank holding companies. (Sec. 118) Amends the FRA to mandate inclusion of net debit caps and daylight overdraft fees (as well as exemption from such caps and fees) within any FRA policy or regulation governing payment system or intraday credit. (Sec. 119) Amends the Federal Home Loan Bank Act (FHLBA) to: (1) repeal the requirement of Board approval for certain internal bank management practices; (2) provide that a Federal Home Loan Bank (FHLB) shall not be required to submit budget, business, or strategic plans to its board of directors for approval; and (3) revise guidelines for secured advances to FHLB members to include federally insured or guaranteed mortgages as collateral eligible for such advances. Title II: Streamlining Activities of Institutions - Amends the HOLA to permit community development investments for the primary purpose of promoting the public welfare, including housing, services, and jobs for low- and moderate-income communities. (Sec. 202) Amends the FDIA to repeal the restriction on the interest rate paid by an adequately- but not well-capitalized insured depository institution, or by an insured depository institution in conservatorship, that accepts deposits from a deposit broker. Applies the prohibition on deposit solicitation to adequately- but not well-capitalized insured depository institutions and insured depository institutions in conservatorship. (Sec. 203) Amends the FRA to terminate the power of the Board to set lending limitations upon member banks' extension of loans that are collateralized by stocks and bonds (thus eliminating the Board's duty to prevent undue use of bank loans for the speculative carrying of securities). (Sec. 204) Amends the Bank Holding Company Act Amendments of 1970 to repeal the prohibition against certain bank tying arrangements in connection with credit, leasing, or property sales transactions. (Sec. 205) Amends the BHCA to permit certain banks and bank holding companies to extend credit card accounts for business purposes, including the issuance of such accounts to small businesses. (Sec. 206) Makes it lawful for a real estate settlement services provider, upon clear disclosure to the consumer, to make payments to an unrelated affinity group in exchange for its endorsement of such provider's services or products. (Sec. 207) Amends the Fair Debt Collection Practices Act to exempt from its coverage: (1) communications involving legal proceedings or made to collect loans under the Higher Education Act of 1965; and (2) bank drafts payable on demand and signed by the maker. (Sec. 208) Amends BHCA to exempt from treatment as a bank holding company any company that acquires control from the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision of more than five percent of the shares of an undercapitalized bank, savings association, or other insured institution. (Sec. 209) Revises HOLA guidelines governing reorganization by a mutual savings association into a holding company. (Sec. 210) Mandates that the Federal banking agencies work jointly to develop: (1) electronic filing and public dissemination of depository institution status reports (call reports); and (2) uniform formats as well as simplified filing instructions for such reports. Title III: Streamlining Agency Actions - Amends the Resolution Trust Corporation Completion Act to reduce from four to two times a year the frequency of scheduled meetings of the Affordable Housing Advisory Board. (Sec. 302) Amends the FDIA to: (1) repeal the mandate for Federal banking agencies to jointly develop a method for supplemental disclosures in various required Federal filings of the estimated fair market value of depository institution assets and liabilities; (2) authorize the Federal Deposit Insurance Corporation (FDIC) to establish the interest rate for or make postinsolvency interest payments to creditors holding proven claims against the receivership estates of insured Federal or State depository institutions following satisfaction by the receiver of the principal amount of all creditor claims; and (3) repeal the mandate that Federal banking agencies file annual reports with certain congressional banking committees regarding differing accounting and capital standards used by other agencies. (Sec. 305) Requires the responsible agency, in its review of competitive factors in bank merger filings, to request a report from the Attorney General only (currently, from the Attorney General and the other Federal banking agencies). Amends the BHCA and the FDIA to require the Board and the responsible agency, respectively, before disapproving a bank merger transaction on the grounds of disproportionate anticompetitive effects, to consider specified criteria concerning competitive effects. (Sec. 306) Terminates the Thrift Depositor Protection Oversight Board. Title IV: Disclosure Simplification - Amends the Truth in Lending Act (TILA) disclosure requirements for open end consumer credit plans to permit, as an alternative to the currently required table illustration, a statement at the option of the creditor that periodic payments may increase or decrease substantially. (Sec. 402) Amends specified consumer protection disclosure requirements for advertisements for credit other than open end plans. Sets forth requirements for alternative compliance methods for advertising credit terms. Title V: Miscellaneous - Revises the positions of Board members on the Executive Schedule. (Sec. 502) Prescribes enrollment guidelines for certain enrollees in health plans administered by the Federal banking agencies. (Sec. 503) Amends the FHLBA to eliminate the position of consumer representative from mandatory membership on the board of directors of the Federal Housing Finance Board. Title VI: Technical Corrections - Makes technical corrections to related Acts. (Sec. 603) Amends Federal banking law to: (1) authorize the Comptroller of the Currency to waive the citizenship requirement for a minority of the total number of directors sitting on the board of a national bank; (2) declare it is unlawful for the Comptroller to hold an interest in any national bank; and (3) repeal specified capital and surplus requirements for national banking associations. (Sec. 604) Amends the International Bank Act of 1978 to modify examination requirements pertaining to establishment and operation by a foreign bank of Federal branches and agencies.
United States · United States Congress · 5 November 1997
Nazi War Crimes Disclosure Act - Amends the Freedom of Information Act to redefine the term "Nazi war criminal records." Requires such records to be released in their entirety, subject to disclosure exceptions. Provides disclosure exceptions for the release of specific information which should be expected to reveal, among other things: (1) the identity of a confidential human source, or information about the application of an intelligence source or method, or the identity of a human intelligence source when the unauthorized disclosure of that source would damage the national security of the United States; (2) information that would assist in the development or use of weapons of mass destruction; and (3) information that would seriously impair relations between the United States and a foreign government, or seriously undermine ongoing diplomatic activities of the United States. Prohibits applying the exception to records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) in the possession or control of that office. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency shall not apply to information regarding any operational file, or portion of any operational file, that constitutes a Nazi war criminal record. Establishes the Nazi War Criminal Records Interagency Working Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all Nazi war criminal records of the United States. Provides for expedited processing of requests for Nazi war criminal records.
United States · United States Congress · 30 October 1997
Disabled Sportsmen's Access Act - Amends the Sikes Act to direct the Secretary of Defense, in developing facilities and conducting programs for public outdoor recreation at military installations, to ensure that such recreational opportunities provide equal access for disabled veterans, military dependents with disabilities, and other disabled persons when topographic, vegetative, and water resources allow equal access without substantial modification to the natural environment. Allows the Secretary to accept the services of volunteers and donations of money and property in ensuring such equal access.
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 · 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
Asthma Inhaler Regulatory Relief Act - Prohibits the Environmental Protection Agency and the Food and Drug Administration from prohibiting the manufacture, distribution, or sale of metered-dose inhalers using chlorofluorocarbons unless alternatives are available that, for all user populations, are comparable in safety, effectiveness, therapeutic indications, dosage strength, costs, and retail availability. Mandates withdrawal of a proposed rulemaking and prohibits issuing any other proposal until after a specified meeting and extensive consultations with stakeholders. Requires, after that meeting: (1) a new proposed rulemaking setting forth the initial strategy for facilitating the U.S. transition to metered-dose inhalers that do not use chlorofluorocarbons; and (2) submission of the strategy to the Montreal Protocol Secretariat to fulfill U.S. obligations under a specified Protocol decision.
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
Disapproves the President's cancellations (line item veto) of appropriations for 36 military construction projects in the Military Construction Appropriations Act, 1998.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 25 September 1997
Pfiesteria Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce (acting through the Director of the National Marine Fisheries Service), the Secretary of Health and Human Services (acting through the Directors of the National Institute of Environmental Health Sciences and the Centers for Disease Control and Prevention), and the Secretary of Agriculture to: (1) establish a research program for the eradication or control of Pfiesteria piscicida and other aquatic toxins; and (2) make grants to specified colleges, universities, and other entities in affected States for carrying out such research. Authorizes appropriations.
United States · United States Congress · 24 September 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or for an applicable program, to develop, plan, implement, or administer any national testing program. Exempts from such funding prohibition: (1) the National Assessment of Educational Progress under the National Education Statistics Act of 1994; and (2) the Third International Mathematics and Science Study.
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 · 11 September 1997
Declares that the Congress: (1) maintains that the standard for the "Made in USA" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.
United States · United States Congress · 10 September 1997
Calls for the United States to discontinue all financial assistance to the Palestinian Authority and urge its allies to do the same, unless and until the Palestinian Authority demonstrates a 100-percent maximum effort to curtail terrorism.
United States · United States Congress · 4 September 1997
Investment in Education Act of 1997 - Amends Federal bankruptcy law with respect to distribution of estate property (or property proceeds) subject to an unavoidable lien securing an allowed claim for a tax. Specifies that such an unavoidable lien does not include a properly perfected unavoidable tax lien arising in connection with an ad valorem tax on the estate property (thus exempting the holder of such a tax lien from subordination to other claimants according to the established distribution schedule). Declares that administrative expenses entitled to first priority payment from a debtor's estate (other than claims for wages, salaries, or commissions arising after the filing of a petition for relief from debt) shall be limited to expenses incurred under Chapter 7 (Liquidation), and shall not include expenses incurred under Chapter 11 (Reorganization). Requires the bankruptcy trustee, before subordinating a tax lien which has arisen by virtue of State law, to: (1) exhaust the estate's unencumbered assets; and (2) recover from property securing an allowed secured claim the reasonable, necessary expenses of preserving or disposing of that property. Provides that claims for wages, salaries, and commissions entitled to distribution priority, including claims for contributions to an employee benefit plan entitled to fourth priority, may be paid from property of the estate which secures a tax lien, or the proceeds from such property, subject to the other requirements of this Act. Prohibits the bankruptcy court from determining the amount or legality of any tax, related fine or penalty, or any addition to tax arising in connection with an ad valorem tax on real or personal property of the estate if the applicable period for contesting or redetermining that amount has expired under any law other than a bankruptcy law. Declares exempt property liable for debts with respect to a court order for child and spouse support.
United States · United States Congress · 4 September 1997
Condemns the bombing in Jerusalem on September 4, 1997, and those responsible for encouraging or inciting such acts. Expresses: (1) condolences to the families of the victims; and (2) solidarity with the people of Israel. Reaffirms that the United States should fully cooperate with Israel in helping to stem the tide of terrorism which has threatened the Oslo peace process and the stability of the region. Affirms that the United States should provide no monetary or other assistance to the Palestinian Authority until it has fulfilled its obligations under the Oslo Accords.
United States · United States Congress · 31 July 1997
Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations.
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
Calls for: (1) the President to demand that the Government of Russia take actions to stop governmental and nongovernmental entities in the Russian Federation from providing missile technology and technical advice to Iran in violation of the Missile Technology Control Regime; (2) the United States, if Russia's response is inadequate, to impose sanctions on the responsible Russian entities in accordance with Executive Order 12938 on the Proliferation of Weapons of Mass Destruction and to reassess cooperative activities with Russia; (3) raising the threshold under current law allowing for the waiver of the prohibition on the release of foreign assistance to Russia; and (4) encouragement of our European allies to take steps to stop such proliferation.
United States · United States Congress · 29 July 1997
Ozone and Particulate Matter Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency to: (1) request the National Academy of Sciences to convene an independent panel of scientists with expertise on the health effects of air pollution to establish priorities for research on the health effects of particulate matter; and (2) report the panel's recommendations to the Congress. Requires the President to establish the Particulate Matter Interagency Committee to develop recommendations for, and periodically evaluate, a program to coordinate the activities of Federal agencies engaged in research on health effects of particulate matter that ensures that such research advances the prioritized agenda of the panel. Directs the Administrator to: (1) review the air quality criteria and standards under the Clean Air Act for ozone and particulate matter; and (2) determine whether to retain or revise such standards and criteria or promulgate new ones. Authorizes the Administrator to require State implementation plans under such Act to require ambient air quality monitoring for fine particulate matter. Provides for grants to States to carry out such monitoring. Reinstates the national ambient air quality standards for ozone and particulate matter in effect on July 15, 1997. Bars revision of such standards until the Administrator's scientific review under this Act is completed. Directs the National Institutes of Health to begin a research program to study the health effects of allergens on asthmatics, particularly in inner city areas. Authorizes appropriations.
United States · United States Congress · 22 July 1997
TABLE OF CONTENTS: Title I: Department of Transportation Title II: Related Agencies Title III: General Provisions Department of Transportation and Related Agencies Appropriations Act, 1998 - Title I: Department of Transportation - Makes appropriations for FY 1998 (with specified rescissions, limitations on obligations and direct loans, and liquidations of contract authorizations) for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration (FAA); (4) the Federal Highway Administration (FHA); (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration; (8) the Research and Special Programs Administration; (9) the Office of the Inspector General; and (10) the Surface Transportation Board. Title II: Related Agencies - Makes appropriations for FY 1998 for: (1) the Architectural and Transportation Barriers Compliance Board; and (2) the National Transportation Safety Board. Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act identical or very similar to those enacted in the Department of Transportation and Related Agencies Appropriations Act, 1997. (Sec. 316) Defines capital project for formula grant purposes. (Sec. 326) Prohibits expenditure of funds made available under this Act by any entity that does not agree to comply with the Buy American Act. Expresses the sense of Congress that entities receiving assistance under this Act should purchase only U.S.-made equipment and products to the greatest extent practicable. Prohibits the use of funds for contracts with persons falsely labeling products as made in America. (Sec. 327) Makes receipts collected from users of fitness centers operated by or for the Department of Transportation available to support their operation and maintenance. (Sec. 331) Prohibits the provision of essential air service to communities in the 48 contiguous States that are fewer than 70 miles from the nearest large and medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport. (Sec. 332) Authorizes the City of Dallas, Texas, to prohibit certain flights using reconfigured aircraft from operating from Love Field, Texas, to a destination in a State that is not contiguous to the State of Texas. Defines reconfigured aircraft as one that originally contained more than 56 seats which has been changed to seat 56 or fewer passengers in order to meet the capacity requirement for a specified exception to the International Air Transportation Competition Act of 1979. (Sec. 334) Directs the Department of the Navy to transfer the inactive USNS EDENTON (ATS-1) to the U.S. Coast Guard. (Sec. 335) Declares that monies paid by diversion from airport revenues for claims related to ceded lands owned by native Americans, native Hawaiians, or Alaskan natives shall not be subject to repayment. Prohibits further payment of such claims from airport revenues. (Sec. 336) Requires, in order for the Coast Guard to use certain funds to issue or enforce certain regulations under the Edible Oil Regulatory Reform Act, that such regulations recognize and provide, with respect to fats, oils, and greases, for differences in physical, chemical, biological, and other relevant properties, and in environmental effects. (Sec. 338) Authorizes the FAA to grant the requests of Kansas City, Missouri, and Atlantic City, New Jersey, to close Richards-Gebaur and Bader Field airports, respectively, with respect to their redevelopment for non-aeronautical uses, unless such closure would adversely affect aviation safety.
United States · United States Congress · 21 July 1997
TABLE OF CONTENTS: Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes Subtitle A: Tax Reduction and Simplification Subtitle B: Supermajority Required for Tax Changes Title II: Spending Restraint and Budget Process Reform Subtitle A: Balanced Budget by Fiscal Year 2002 Subtitle B: Zero Based Budgeting and Decennial Sunsetting Freedom and Fairness Restoration Act of 1997 - Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes - Subtitle A: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1998) on the taxable income of every individual. Redefines "taxable income" to mean the amount by which wages, retirement distributions, and unemployment compensation exceed the standard deduction. Increases the basic standard deduction and includes an additional standard deduction for dependents. Includes in taxable income the taxable income of each dependent child under the age of 14. Provides for inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1998) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. Imposes a tax of 20 percent (17 percent after December 31, 1998) on the value of excludable compensation provided during the year by an employer for the benefit of employees. Makes the employer liable for the tax. (Sec. 103) Repeals: (1) numerous provisions relating to pension plans; and (2) provisions imposing a tax on any employer reversion from a qualified plan. Revises requirements regarding transfers of excess pension assets. (Sec. 104) Repeals from the Internal Revenue Code: (1) the part relating to alternative minimum tax; (2) the part relating to credits against tax; (3) the subtitle relating to estate and gift taxes; and (4) subject to exception, the chapter relating to normal taxes and surtaxes. Subtitle B: Supermajority Required for Tax Changes - Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that increases an income tax rate, creates an additional tax rate, reduces the standard deduction, or provides any exclusion, deduction, credit, or other benefit that results in a reduction in Federal revenues. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Balanced Budget by Fiscal Year 2002 - Amends the Congressional Budget Act of 1974 to establish maximum spending amounts for FY 1998 through 2002 and revises sequestration procedures for enforcement. (Sec. 203) Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that would result in total spending for a fiscal year exceeding the maximum permissible total spending amount for that fiscal year. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates, effective October 1, 1997, the spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending is reauthorized after enactment of this Act. Provides that effective on the first day of the fiscal year beginning in the first decennial census after the year 2001 and each ten years thereafter, such spending authority shall terminate unless reauthorized after the last date it was required to be reauthorized under this subtitle. Terminates, effective October 1, 1998, spending authority for each discretionary spending program (not including high-cost discretionary spending programs) unless such spending authority is reauthorized after the enactment of this Act. Provides that effective on the first day of the fiscal year beginning in the first decennial census after the year 2001 and each ten years thereafter, such spending authority shall terminate unless reauthorized after the last date it was required to be reauthorized under this subtitle. Defines the terms: (1) "unearned entitlement" to mean an entitlement not earned by service or paid for in total or in part by assessments or contributions such as social security, veterans, benefits, and retirement programs; and (2) "high-cost discretionary program" to mean the most expensive one-third of discretionary programs within each budget function account. (Sec. 212) Prohibits the House of Representatives or the Senate from considering any bill, joint resolution, amendment, or conference report that includes any provision appropriating funds unless such appropriation has been previously authorized by law. Permits the waiver or suspension of the provisions of this section by an affirmative vote of three-fifths of the Members.
United States · United States Congress · 27 June 1997
Interstate Compact - Apalachicola-Chattahoochee-Flint River Basin Compact - Grants the consent of Congress to the Apalachicola-Chattahoochee-Flint River Basin Compact between Alabama, Florida, and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases.
United States · United States Congress · 27 June 1997
Interstate Compact - Alabama-Coosa-Tallapoosa River Basin Compact - Grants the consent of Congress to the Alabama-Coosa-Tallapoosa River Basin Compact between Alabama and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases.
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 · 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 · 16 June 1997
Instructs the Secretary of Health and Human Services, in the case of certain military retirees and dependents, to provide for a special open enrollment period during which such an individual may enroll under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act without being assessed a late enrollment penalty. Prohibits an issuer of a Medicare supplemental (Medigap) policy, in the case of such an individual who seeks to enroll during such special enrollment period, from denying or conditioning the issuance or effectiveness of such a policy, or from discriminating in its pricing, on the basis of the individual's health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, or disability.
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 · 10 June 1997
Makes a requirement that all Federal payments after January 1, 1999, be made by electronic funds transfer inapplicable to: (1) payments authorized under title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act; and (2) veterans' benefits payable as compensation for service-connected disability or death, dependency and indemnity compensation for service-connected deaths, and pensions for non-service-connected disability or death or for service. Allows recipients of such payments to notify the Commissioner of Social Security or the Secretary of Veterans Affairs, as appropriate, to authorize such payments to be made by electronic funds transfer.
United States · United States Congress · 10 June 1997
Amends the Internal Revenue Code to provide for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative.
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
Responsive Government Act - Directs each Federal agency, no later than 180 days after enactment of this Act, to prescribe regulations requiring each office of the agency having contact with the public to: (1) ensure that the telephone number for the office is published in an appropriate telephone directory widely available to the local public; (2) provide a person to answer the telephone line through which the office makes initial contact with the public; (3) prohibit the use of any electronic, computer, or mechanical device to answer such telephone line, except in an office in which there is one employee; (4) provide for the answering of such telephone line u: l 5:00 p.m. according to the time zone in which the office is located, for which the office is conducting official business; and (5) require all correspondence originating from the agency to include the official telephone number of the person sending the correspondence. Directs the head of each Federal agency to: (1) establish the location of each service oriented office in an area with parking facilities accessible to the public; (2) take such actions as necessary to remove any computer game program not required for the official business of the agency from any agency computer equipment; and (3) prohibit the installation of any computer game program not required for the official business of the agency into agency computer equipment. Amends the Federal Property and Administrative Services Act of 1949 to prohibit the head of a Federal executive agency from accepting delivery of computer equipment loaded with game programs not required for an official purpose under the terms of the contract under which the equipment is delivered.
![Official portrait of Sen. Shelby, Richard C. [R-AL]](https://www.congress.gov/img/member/s000320_200.jpg)