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Bill· HRH.R. 2567 (105th)referred
United States · United States Congress · 26 September 1997
Requires an officer who entered the Uniformed Services University of the Health Sciences in 1983 and successfully completed instruction at such University in 1987 to be treated in the same manner as a student of the University who graduated in 1986 for purposes of determining pay and years of service, notwithstanding an inconsistent provision under the Defense Officer Personnel Management Act.
Law· HJRESH.J.Res. 94 (105th)enacted
United States · United States Congress · 26 September 1997
Makes appropriations for FY 1998 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1997 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998; (3) the Department of Defense Appropriations Act, 1998; (4) the District of Columbia Appropriations Act, 1998; (5) the Energy and Water Development Appropriations Act, 1998; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998; (7) the Department of the Interior and Related Agencies Appropriations Act, 1998; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998; (9) the Legislative Branch Appropriations Act, 1998; (10) the Military Construction Appropriations Act, 1998; (11) the Department of Transportation Appropriations Act, 1998; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1998; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998. Sets forth the rates of (current rates, with specified exceptions), and limitations on, such funding. Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act or October 23, 1997, whichever occurs first. Continues provisions of the Immigration and Nationality Act pertaining to a visa waiver pilot program for certain visitors through the effective period of this resolution. Amends the National Flood Insurance Act of 1968 to extend the authority to enter into new flood insurance contracts through October 23, 1997. Authorizes the District of Columbia government to delay repayment of the 1997 Treasury advances beyond October 1, 1997, until it receives the full year Federal contribution. Waives any interest or penalties otherwise applicable to late payments. Continues the issuing authority of the Overseas Private Investment Corporation through the effective period of this resolution. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's functions through October 23, 1997. Extends, through October 23, 1997, certain provisions of the Immigration and Nationality Act pertaining to the issuance of immigrant visas within 90 days' of an alien's departure and the adjustment to permanent resident status of certain aliens.
Bill· HRH.R. 2550 (105th)referred
United States · United States Congress · 25 September 1997
Amends the National Defense Authorization Act for Fiscal Year 1997 to apply to each military separation occurring after December 31, 1993, an amendment which provides that amounts required for the payment of Federal income tax shall be subtracted from military retired pay for purposes of determining an individual's offset in concurrent veterans' disability compensation.
Resolution· HCONRESH.Con.Res. 158 (105th)open
United States · United States Congress · 25 September 1997
Condemns the deployment of U.S. military personnel in the service of the United Nations (UN) in the former Yugoslav Republic of Macedonia as a violation of both the Constitution and Federal laws. Calls upon the President to: (1) take total command of all such personnel participating in UN operations and ensure that they wear only the U.S. uniform without any UN items and carry only U.S. issued military identity cards; and (2) take all steps necessary to resolve all existing conflicts with such personnel who have refused to serve under foreign commanders in foreign uniforms, consistent with the Constitution and principles of this resolution.
Bill· HRH.R. 2537 (105th)referred
United States · United States Congress · 24 September 1997
Uniformed Services Former Spouses Equity Act of 1997 - Requires payment from the monthly disposable retired pay of a member to his or her former spouse in compliance with court orders (division of property) to terminate upon the remarriage of that spouse, effective as of the last day of the month in which the remarriage occurs. Provides that, in the case of a member to whom a final decree of divorce, dissolution, annulment, or legal separation is issued before the member begins to receive retired pay, the disposable retired pay of such member, for purposes of such monthly payments, shall be computed based on the pay grade and length of service of the member while married. Increases such amount concurrently with retired pay increases. Requires a member's spouse or former spouse to obtain a court order for reapportionment of a member's monthly disposable retired pay by the later of the following dates: (1) two years of the date of the final decree of divorce, dissolution, annulment, or legal separation; or (2) six months after the enactment of this Act. Prohibits the court from treating as part of a member's disposable retired pay amounts which have been waived from such pay in order to receive veterans' disability compensation.
Resolution· HRESH.Res. 242 (105th)passed
United States · United States Congress · 24 September 1997
Waives points of order against the consideration of the conference report on H.R. 2266 (defense appropriations).
Bill· SS. 1208 (105th)open
United States · United States Congress · 23 September 1997
TABLE OF CONTENTS: Title I: Prevention Subtitle A: Family Planning Subtitle B: Prescription Equity and Contraceptive Coverage Subtitle C: Emergency Contraceptives Title II: Research Title III: Choice Protection Family Planning and Choice Protection Act of 1997 - Title I: Prevention - Subtitle A: Family Planning - Amends the Public Health Service Act (PHSA) to authorize appropriations for voluntary family planning projects. (Sec. 102) Amends the Civil Rights Act of 1964 to prohibit, notwithstanding any other provision of law, any authority of the United States, in or through any health care services or information program or activity administered or assisted by that authority, from limiting any person's right to provide or receive nonfraudulent information regarding reproductive health care services. Subtitle B: Prescription Equity and Contraceptive Coverage - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the PHSA to prohibit a group health plan, and an insurer providing coverage in connection with a group plan, from restricting benefits for prescription contraceptive drugs, devices, or outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or services. Prohibits related denial of eligibility or enrollment, monetary payments or rebates to covered individuals, and penalties or incentives to health care professionals. Amends the PHSA to apply these prohibitions to insurers in the individual market. Declares that this paragraph does not preempt State law providing greater enrollee protections. Subtitle C: Emergency Contraceptives - Mandates development and dissemination to the public and health care providers of information on drugs or devices designed to be used after sexual relations to prevent pregnancy. Authorizes appropriations. Title II: Research - Declares the sense of the Congress regarding adequate funding for PHSA provisions regarding sexually transmitted diseases, breast and cervical cancers, and research on contraception and infertility. Title III: Choice Protection - Declares that it is the sense of the Congress that: (1) Federal and State governments should provide funding for abortion services to women eligible for assistance through title XIX (Medicaid) of the Social Security Act; (2) Federal resources are necessary to ensure safety for women and health professionals regarding reproductive health facilities and services; and (3) it is necessary and appropriate to use Federal resources to combat violence and harassment against reproductive health centers. (Sec. 303) Directs the Secretary of Health and Human Services to: (1) ensure that a Food and Drug Administration decision to approve the drug called Mifepristone or RU-486 is made only on the basis provided in law; and (2) assess initiatives to promote the testing, licensing, and manufacturing in the United States of the drug or other antiprogestins. (Sec. 304) Prohibits a State from restricting a woman's freedom to choose pregnancy termination before fetal viability. Allows a State to: (1) restrict that freedom after viability unless termination is necessary to preserve the woman's life or health; and (2) impose requirements on abortions if the requirements are medically necessary to protect the woman's health. (Sec. 306) Amends Federal law to allow funds available to the Department of Defense (DOD) to be used for abortions when the pregnancy resulted from rape or incest or when the abortion is medically necessary or appropriate. Replaces provisions prohibiting (with exceptions) the use of DOD facilities to perform abortions with provisions declaring that certain provisions do not limit performing abortions in a uniformed services facility outside the 48 contiguous States if the cost is fully paid by non-DOD funds, abortions are not prohibited by the facility's jurisdiction, and the abortion would otherwise be permitted under laws regarding health care for uniformed services members and former members and their dependents in that facility.
Bill· HRH.R. 2525 (105th)referred
United States · United States Congress · 23 September 1997
TABLE OF CONTENTS: Title I: Prevention Subtitle A: Family Planning Subtitle B: Prescription Equity and Contraceptive Coverage Subtitle C: Emergency Contraceptives Title II: Research Title III: Choice Protection Family Planning and Choice Protection Act of 1997 - Title I: Prevention - Subtitle A: Family Planning - Amends the Public Health Service Act (PHSA) to authorize appropriations for voluntary family planning projects. (Sec. 102) Amends the Civil Rights Act of 1964 to prohibit, notwithstanding any other provision of law, any authority of the United States, in or through any health care services or information program or activity administered or assisted by that authority, from limiting any person's right to provide or receive nonfraudulent information regarding reproductive health care services. Subtitle B: Prescription Equity and Contraceptive Coverage - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the PHSA to prohibit a group health plan, and an insurer providing coverage in connection with a group plan, from restricting benefits for prescription contraceptive drugs, devices, or outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or services. Prohibits related denial of eligibility or enrollment, monetary payments or rebates to covered individuals, and penalties or incentives to health care professionals. Amends the PHSA to apply these prohibitions to insurers in the individual market. Declares that this paragraph does not preempt State law providing greater enrollee protections. Subtitle C: Emergency Contraceptives - Mandates development and dissemination to the public and health care providers of information on drugs or devices designed to be used after sexual relations to prevent pregnancy. Authorizes appropriations. Title II: Research - Declares the sense of the Congress regarding adequate funding for PHSA provisions regarding sexually transmitted diseases, breast and cervical cancers, and research on contraception and infertility. Title III: Choice Protection - Declares that it is the sense of the Congress that: (1) Federal and State governments should provide funding for abortion services to women eligible for assistance through title XIX (Medicaid) of the Social Security Act; (2) Federal resources are necessary to ensure safety for women and health professionals regarding reproductive health facilities and services; and (3) it is necessary and appropriate to use Federal resources to combat violence and harassment against reproductive health centers. (Sec. 303) Directs the Secretary of Health and Human Services to: (1) ensure that a Food and Drug Administration decision to approve the drug called Mifepristone or RU-486 is made only on the basis provided in law; and (2) assess initiatives to promote the testing, licensing, and manufacturing in the United States of the drug or other antiprogestins. (Sec. 304) Prohibits a State from restricting a woman's freedom to choose pregnancy termination before fetal viability. Allows a State to: (1) restrict that freedom after viability unless termination is necessary to preserve the woman's life or health; and (2) impose requirements on abortions if the requirements are medically necessary to protect the woman's health. (Sec. 306) Amends Federal law to allow funds available to the Department of Defense (DOD) to be used for abortions when the pregnancy resulted from rape or incest or when the abortion is medically necessary or appropriate. Replaces provisions prohibiting (with exceptions) the use of DOD facilities to perform abortions with provisions declaring that certain provisions do not limit performing abortions in a uniformed services facility outside the 48 contiguous States if the cost is fully paid by non-DOD funds, abortions are not prohibited by the facility's jurisdiction, and the abortion would otherwise be permitted under laws regarding health care for uniformed services members and former members and their dependents in that facility.
Law· SS. 1193 (105th)enacted
United States · United States Congress · 18 September 1997
Aviation Insurance Reauthorization Act of 1997 - Amends Federal law governing aviation insurance programs to require the Secretary of Transportation to determine the values of aircraft insurance and maximum insured amounts in accordance with reasonable business practices in the commercial aviation insurance industry. Provides that if an indemnity agreement made between the Secretary and a designated agency head is countersigned by the President (or the President's designee), it shall constitute a determination that continuation of the pertinent aircraft operations is necessary to implement U.S. foreign policy. Grants the Administrator of the Federal Aviation Administration borrowing authority as necessary to implement the aviation insurance program. Stipulates that such authority does not remove Department of Defense responsibilities to provide prompt indemnification for initial payments made by the Secretary for any loss covered by the Department of Defense-related non-premium aviation insurance. Authorizes appropriations to a revolving fund in the Treasury in order to pay principal and interest accruing from the Administrator's borrowing authority. Authorizes binding arbitration of claims for insurance policies issued by the Secretary. Extends the Secretary's authority to provide aviation insurance and reinsurance through FY 2002. Treats as a public aircraft any aircraft owned by the U.S. Government and operated by any person for purposes related to crew training, equipment development, or demonstration.
Bill· HRH.R. 2504 (105th)referred
United States · United States Congress · 18 September 1997
Makes marked (currently, only unmarked) graves of certain veterans eligible for the provision of a headstone or marker through the Department of Veterans Affairs, as long as such headstone or marker can be furnished at no cost to the United States.
Resolution· HCONRESH.Con.Res. 153 (105th)referred
United States · United States Congress · 18 September 1997
Commends: (1) the Government of Italy for its leadership in focusing attention on the issues in Albania and in assembling an international protection force there; (2) Italy, Greece, and other countries for offering refuge to displaced persons during the height of the Albanian crisis; and (3) the Organization on Security and Cooperation in Europe (OSCE) and former Austrian Chancellor Franz Vranitsky for leadership in helping Albania resolve its crisis. Declares that the Congress looks forward to working with the new Albanian Government as it works to build democratic institutions and promote political reconciliation in Albania. Urges the new Government and President of Albania to: (1) embrace pluralism and to foster cooperation and reconciliation among the political forces in Albania; (2) foster trust with its citizenry to achieve stability in the region; (3) take steps toward further developing a market-based economy; (4) pursue investigations, in cooperation with appropriate international financial institutions, into the pyramid investment schemes that cost hundreds of thousands of Albanians their savings; and (5) ensure freedom of the press and media access for all interested parties. Calls for the United States to assist the new Albanian Government in its efforts to build strong democratic institutions, bring about economic reform, promote the rule of law, and reconstitute a professional Albanian military and police.
Bill· SS. 1186 (105th)passed
United States · United States Congress · 17 September 1997
TABLE OF CONTENTS: Title I: Vocational, Technological, and Tech-Prep Education Subtitle A: Vocational Education Subtitle B: Tech-Prep Education Subtitle C: General Provisions Subtitle D: Authorization of Appropriations Subtitle E: Repeal Title II: Adult Education and Literacy Subtitle A: Adult Education and Literacy Programs Subtitle B: Repeal Title III: Workforce Investment and Related Activities Subtitle A: Workforce Investment Activities Subtitle B: Job Corps Subtitle C: National Programs Subtitle D: Administration Subtitle E: Repeals and Conforming Amendments Title IV: Workforce Investment-Related Activities Subtitle A: Wagner-Peyser Act Subtitle B: Linkages with Other Programs Title V: General Provisions Workforce Investment Partnership Act of 1997 - Establishes a coordinated system of Federal aid programs for vocational education, adult education, and job training at State and local levels. Title I: Vocational, Technological, and Tech-Prep Education - Carl D. Perkins Vocational and Applied Technology Education Act of 1997 - Replaces the current Carl D. Perkins Vocational and Applied Technology Education Act (Perkins Act). Subtitle A: Vocational Education - Chapter 1: Federal Provisions - Directs the Secretary of Education (the Secretary under this title) to reserve certain amounts of vocational education funds for: (1) assistance for the outlying areas; (2) Indian and Hawaiian Native programs; (3) grants to tribally controlled postsecondary vocational institutions; (4) incentive grants to States; (5) national activities; (6) national assessment of vocational education programs; and (7) national research centers. Sets forth State allotment formulas for the remainder of vocational education funds. (Sec. 112) Directs the Secretary to establish and publish performance measures to assess the progress of each eligible agency in achieving certain goals for students with respect to academic, job readiness, and vocational skills, postsecondary degrees or certificates, secondary and postsecondary education, employment, military service, and nontraditional vocational education programs. Requires each eligible agency, in developing a State plan, to negotiate with the Secretary the expected levels of performance for such measures. (Sec. 113) Sets forth requirements for use of reserved funds for assistance for the outlying areas, Indian and Hawaiian Native programs, grants to tribally controlled postsecondary vocational institutions, and incentive grants to States. Chapter 2: State Provisions - Makes each eligible agency responsible for State administration of programs under this title. (Sec. 122) Requires State reservation of certain portions of vocational education funds for: (1) State leadership activities; (2) technical assistance for gender equity; (3) State planning, review of local applications, program evaluation, and compliance; and (4) criminal offenders programs. Requires the remainder to be distributed to local secondary school and postsecondary vocational education programs. Allows the eligible agency to determine the portion of funds that will be available for secondary school and postsecondary programs. Sets forth a State matching requirement with respect to a specified portion of funds under this subtitle. (Sec. 123) Sets forth mandatory and permissible State leadership activities. (Sec. 124) Requires coordination of the three-year State plan under this title with the period for the State plan under title III of this Act. Sets forth requirements for State plan development, contents, approval, and reports. Chapter 3: Local Provisions - Sets forth formulas for State distribution of funds for: (1) secondary school vocational education; and (2) postsecondary vocational education. Allows alternative allocation formulas for postsecondary programs if the eligible agency demonstrate that certain conditions are met. (Sec. 133) Sets forth mandatory and permissible local activities. (Sec. 134) Sets forth minimum requirements for local applications. Subtitle B: Tech-Prep Education - Tech-Prep Education Act - Revises provisions for tech-prep programs (which are currently under the Perkins Act replaced by this title). (Sec. 154) Retains the mandate for the Secretary's discretionary grants to specified local consortia for such programs when program funding is below a specified minimum. Prescribes the formula for allotments to States for State competitive and formula grants to such programs. (Sec. 155) Revises requirements for the content of tech-prep education programs and for additional authorized activities. (Sec. 156) Requires the eligible State agency (currently a State board) to approve applications for State grants by eligible entities. (Sec. 157) Authorizes appropriations. Subtitle C: General Provisions - Provides for program and funds administration, evaluation, improvement, and accountability for programs under this title. (Sec. 163) Authorizes the Secretary to carry out research, development, dissemination, evaluation, capacity-building, and technical assistance activities under this title. (Sec. 164) Directs the Secretary to: (1) conduct a national assessment of vocational education programs assisted under this title, through studies and analyses conducted independently through competitive awards; (2) appoint an independent advisory panel on the implementation of such assessment; and (3) report to the Congress. (Sec. 165) Authorizes the Secretary to establish one or more national centers in the areas of: (1) applied research and development; and (2) dissemination and training. (Revises and replaces provisions for such centers which are in the current Perkins Act). (Sec. 166) Directs the Secretary to: (1) maintain a data system to collect information about, and report on, the condition of vocational education and on the effectiveness of State and local programs, services, and activities carried out under this title; and (2) annually report to Congress on the analysis of performance data collected each year. Subtitle D: Authorization of Appropriations - Authorizes appropriations. Subtitle E: Repeal - Repeals the Perkins Act. Title II: Adult Education and Literacy - Adult Education and Literacy Act - Replaces the Adult Education Act (AEA), the National Literacy Act of 1991, and other adult education and literacy programs. Subtitle A: Adult Education and Literacy Programs - Chapter 1: Federal Provisions - Directs the Secretary of Education (the Secretary under this title) to reserve certain portions of adult education and literacy funds for: (1) national leadership activities; (2) incentive grants; (3) the National Institute for Literacy; and (4) grants to States. (Sec. 212) Directs the Secretary to establish and publish performance measures to assess the progress of each eligible agency in enhancing and developing more fully the literacy skills of the adult population in the State or outlying area, including certain measures. Requires each eligible agency, in developing a State plan, to negotiate with the Secretary the expected levels of performance for such measures. (Sec. 213) Authorizes the Secretary to establish a program of national leadership activities for adult education. Chapter 2: State Provisions - Makes each eligible agency responsible for State administration of programs under this title. (Sec. 222) Specifies percentages for distribution of State grant funds to eligible providers (including programs for corrections education and other institutionalized individuals), State leadership activities, and administrative expenses of the eligible State agency. Sets forth a State share requirement equal to 25 percent of the total amount expended for adult education in the State. Authorizes the Secretary to decrease such amount for an eligible agency serving an outlying area. (Sec. 223) Requires the eligible agency to use reserved funds for one or more of specified State leadership activities in adult education and literacy. (Sec. 224) Requires three-year State plans from eligible agencies as a condition for grants. Allows the eligible agency to submit such State plan as part of a comprehensive plan or application for Federal education assistance. Sets forth requirements for State plan contents and approval procedures. (Sec. 225) Sets forth provisions for adult education and literacy programs for corrections education and other institutionalized individuals. Chapter 3: Local Provisions - Directs each eligible agency to use State grant funds to award multiyear grants or contracts to eligible providers to adult education and literacy activities. (Sec. 232) Sets forth local application requirements and local administrative cost limits. Chapter 4: General Provisions - Provides for program and funding administration, priorities and preferences, incentive grants for States, and evaluation, improvement, and accountability for programs under this title. (Sec. 245) Revises requirements for the National Institute for Literacy (which are currently under AEA, which this title replaces). Renames the Institute's Board as its Advisory Board. (Sec. 246) Authorizes appropriations. Subtitle B: Repeal - Repeals the AEA, the National Literacy Act of 1991, and certain adult education and literacy program provisions under the Refugee Education Assistance Act of 1980. Title III: Workforce Investment and Related Activities - Replaces the Job Training Partnership Act and certain other Federal job training law. Subtitle A: Workforce Investment Activities - Chapter 1: Allotments to States for Adult Employment and Training Activities, Dislocated Worker Employment and Training Activities, and Youth Activities - Directs the Secretary of Labor (the Secretary under this title) to make allotments to States with approved State plans, and grants to outlying areas, to assist local areas in providing, through a statewide workforce investment system: (1) adult employment and training activities; (2) dislocated worker employment and training activities; and (3) youth activities, including summer employment opportunities, tutoring, activities to promote study skills, alternative secondary school services, employment skill training, adult mentoring, and supportive services. (Sec. 302) Sets forth formulas for determining amounts of such State allotments and grants to outlying areas for such activities. (Sec. 303) Directs State Governors to establish and appoint the members of a statewide partnership to assist in the development of the State plan. (Sec. 304) Sets forth requirements for State plans. Chapter 2: Allocations to Local Workforce Investment Areas - Sets forth formulas for within-State allocations to local workforce investment areas. (Sec. 307) Directs State Governors to designate local workforce investment areas in accordance with State plan requirements. Provides for automatic designations in the case of large local governments, counties, and other local political subdivisions. Allows any small State eligible for minimum allotments to be designated as single State local area. (Sec. 308) Requires that local workforce investment partnerships and youth partnerships be established in each local area of a State. (Sec. 309) Sets forth requirements for local plans. Chapter 3: Workforce Investment Activities and Providers - Authorizes the chief elected official and the local partnership to: (1) develop and implement operating agreements to appoint one-stop partners; (2) designate or certify one-stop customer service center operators; and (3) conduct oversight with respect to the one-stop customer service system in the local area. (Sec. 312) Requires certain State and local procedures for determination and identification of eligible providers of training services by program. (Sec. 313) Authorizes youth partnerships to identify eligible providers of youth activities. (Sec. 314) Sets forth both required and allowable statewide workforce investment activities, including mandatory statewide rapid response activities. (Sec. 315) Sets forth both required and permissible local employment and training activities. Requires establishment of a one- stop customer service system at the State level and one-stop customer service centers in each local area. Requires such centers to provide specified core services and required training services to participants. Gives priority to disadvantaged adults for receipt of limited local adult employment and training activities. Sets forth customer choice requirements. Authorizes local areas to use certain funds for additional permissible local activities, including intensive and customized services and supportive services for certain participants, and needs-related payments for dislocated workers. (Sec. 316) Sets forth certain required elements in the provision of local youth activities. Requires that at least 50 percent of funds for such youth activities be devoted to out-of-school youth. Chapter 4: General Provisions - Sets forth accountability requirements for: (1) State and local performance measures; (2) reports and information dissemination; (3) State program evaluation; and (4) fiscal and management accountability information systems. (Sec. 321) Authorizes the Secretary to make incentive grants to States that exceed State performance measures. (Sec. 322) Authorizes appropriations for: (1) adult employment and training activities; (2) dislocated worker employment and training activities; and (3) youth activities. Subtitle B: Job Corps - Revises provisions for the Job Corps. (Currently such provisions are under the Job Training Partnership Act (JTPA), which this title repeals and replaces.) (Sec. 335) Provides for Job Corps: (1) recruitment standards; (2) graduate readjustment allowances through local one-stop customer service centers; (3) industry councils; (4) management information. (Sec. 334) Revises Job Corps requirements for: (1) individual eligibility; (2) screening, selection, assignment, and enrollment; (3) Job Corps Centers; (4) program activities and continued services; (5) counseling and job placement; (6) support; (7) operating plan; (8) standards of conduct; (9) community participation; (10) advisory committees; and (11) experimental, research, and demonstration projects. (Sec. 351) Extends the authorization of appropriations for the Job Corps. Subtitle C: National Programs - Provides for workforce investment activities and supplemental services under programs for: (1) Native Americans and Native Hawaiians; (2) migrant and seasonal farmworkers; and (3) veterans. (Replaces similar programs which are currently under JTPA.) (Sec. 364) Directs the Secretary to make youth opportunity grants to eligible local partnerships to provide specified activities to increase the long-term employment of eligible youth who live in empowerment zones, enterprise communities, and high poverty areas. (Sec. 365) Authorizes the Secretary to make incentive grants to States that exceed: (1) the State performance measures established by the Secretary of Education under this Act; and (2) the State performance measures established under this title. (Sec. 366) Directs the Secretary of Labor to provide technical assistance to States to help with transitions, general performance improvement, and dislocated worker training improvement. (Sec. 367) Directs the Secretary to publish a biennial plan for demonstration, pilot, multiservice, research, and multistate projects. Sets forth requirements for such projects under such plan, including competitive award procedures and peer review. (Sec. 368) Directs the Secretary to provide for continuing evaluation of programs and activities under this title. Authorizes the Secretary to conduct evaluations of other federally funded employment related programs and activities. (Sec. 369) Authorizes the Secretary to make national emergency grants for: (1) employment and training assistance to workers affected by major economic dislocations; (2) disaster relief employment; and (3) additional assistance for dislocated workers, under certain conditions. (Sec. 370) Authorizes appropriations for specified programs and activities under this subtitle. Subtitle D: Administration - Sets forth requirements for: (1) labor standards, prohibitions on worker displacement, and other requirements relating to use of funds; (2) prompt allocation of funds; (3) monitoring; (4) fiscal controls and sanctions; (5) reports, recordkeeping, and investigations; (6) administrative adjudication; (7) judicial review; (8) nondiscrimination; and (9) State legislative authority. Subtitle E: Repeals and Conforming Amendments - Repeals: (1) the JTPA; and (2) the Displaced Homemakers Self-Sufficiency Assistance Act. (Sec. 391) Repeals certain provisions relating to employment and training assistance under various Federal laws, including the Stewart B. McKinney Homeless Assistance Act, the Immigration Reform and Control Act of 1986, and the Appalachian Regional Development Act of 1965. Title IV: Workforce Investment-Related Activities - Subtitle A: Wagner-Peyser Act - Amends the Wagner-Peyser Act to direct the Secretary to: (1) assist in the coordination and development of a nationwide system of public labor exchange services, provided as part of the one-stop customer service systems of the States; (2) assist in the development of continuous improvement models for such nationwide system that ensure private sector satisfaction with the system and meet the demands of jobseekers relating to the system; and (3) ensure, for individuals otherwise eligible to receive unemployment compensation, the provision of reemployment services and other activities in which the individuals are required to participate to receive the compensation. (Sec. 406) Provides for coordination of State plans under the Wagner-Peyser Act and this Act. (Sec. 407) Repeals the mandate for a Federal Advisory Council on problems relating to employment. (Sec. 409) Sets forth requirements for a system of labor market information. Authorizes appropriations for such system. Subtitle B: Linkages with Other Programs - Provides for linkages between programs under this title and specified employment and training assistance programs under: (1) the Trade Act of 1974; (2) the National Apprenticeship Act; (3) veterans employment programs; and (4) the Older Americans Act of 1965. Title V: General Provisions - Allows for State unified plans for two or more of specified one-stop customer service system programs, including programs under titles I, II, or III of this Act, as well as specified programs under the Food Stamp Act of 1977, the Trade Act of 1974, the Wagner-Peyser Act, the Rehabilitation Act of 1973, the Older Americans Act of 1965, State unemployment compensation and Federal unemployment insurance, and certain work programs under the Social Security Act, as well as activities of the Bureau of Apprenticeship and Training, and training activities of the Department of Housing and Urban Development.
Resolution· HCONRESH.Con.Res. 152 (105th)referred
United States · United States Congress · 17 September 1997
Condemns the violence committed by paramilitary groups on both sides of the conflict in Northern Ireland and by agents of the British Government as illegal, unjust, and inhumane. Commends and supports those in the British and Irish Governments who are building on the accomplishments of the Anglo-Irish Agreement, the Joint Declaration, and the Framework Documents by bringing the various political parties into the current negotiations and creating an environment in which negotiations may be reached expeditiously through inclusive talks. Declares that: (1) respect for human rights must now be at the heart of the peace process; (2) all participants at the multiparty talks must rededicate themselves to restoring civil rights and respecting human rights in Northern Ireland if a peace agreement is to have lasting value; (3) any peace agreement in Northern Ireland must recognize the state's obligation to protect human rights in all circumstances; (4) the establishment of a bill of rights for the people of Northern Ireland may advance and strengthen the peace process; (5) the multiparty negotiations should consider the feasibility of establishing an independent "Truth Commission" to look into outstanding cases of human rights abuses, giving special consideration to those who have been unable to obtain full disclosure about how their loved ones met their deaths; (6) the British Government should initiate a new independent inquiry into the deaths of civilians on "Bloody Sunday," repeal emergency legislation that limits internationally recognized individual human rights, and establish an independent complaints mechanism for the review of citizen inquiries regarding alleged abuses of the Royal Ulster Constabulary and other security forces; (7) there should be a mechanism by which all defense solicitors will have a vigorous independent investigation of threats they receive; (8) those who report threats of violence should be accorded effective protection; and (9) plastic bullets should be withdrawn from use.
Bill· SS. 1180 (105th)open
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.
Bill· SS. 1177 (105th)referred
United States · United States Congress · 15 September 1997
Prohibits the exhibition of B-2 and F-117 aircraft in public air shows not sponsored by one or more of the armed forces.
Bill· SS. 1173 (105th)open
United States · United States Congress · 12 September 1997
TABLE OF CONTENTS: Title I: Surface Transportation Subtitle A: General Provisions Subtitle B: Program Streamlining and Flexibility Subtitle C: Finance Subtitle D: Safety Subtitle E: Environment Subtitle F: Planning Subtitle G: Technical Corrections Title II: Research and Technology Subtitle A: Research and Training Subtitle B: Intelligent Transportation Systems Subtitle C: Funding Intermodal Transportation Act of 1997 - Title I: Surface Transportation - Surface Transportation Act of 1997 - Subtitle A: General Provisions - Authorizes the use of specified sums from the Highway Trust Fund (HTF) for: (1) the Interstate (IS) and National Highway System (NHS) Program; (2) the Surface Transportation Program (STP); (3) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); and (4) the Federal Lands Highways Program (FLHP). Modifies the apportionment formulas under Federal highway provisions with respect to: (1) the IS and NHS Program (including an interstate maintenance (IM) and interstate bridge component, as well as funding for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands); (2) CMAQ (providing for adjustments based on population and level of air pollution and requiring the Secretary of Transportation (Secretary) to use the latest available annual population estimates prepared by the Secretary of Commerce); and (3) STP. Sets forth transitional provisions. Authorizes the Secretary to reimburse the Office of Inspector General of the Department of Transportation (DOT) for the conduct of annual audits of financial statements. (Sec. 1103) Sets forth provisions regarding: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1998 through 2003, with exceptions; and (2) obligation authority. (Sec. 1104) Revises provisions regarding obligation authority under the STP to direct: (1) a State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals certain funds apportioned to the State to make available during the three-fiscal year periods of 1998-2000 and 2001-2003 a specified amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs; and (2) each State, each affected metropolitan planning organization (MPO), and the Secretary to jointly ensure compliance. (Sec. 1105) Amends provisions regarding emergency relief to authorize an emergency fund for expenditure by the Secretary, subject to specified restrictions, for the repair or reconstruction of highways, roads, and trails, in any part of the United States, including Indian reservations, that the Secretary finds to have suffered serious damage as a result of natural disaster over a wide area or catastrophic failure from any external cause. Prohibits the use of funds for the repair or reconstruction of bridges that have been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. Authorizes appropriations from the HTF to establish the fund and replenish it annually. Makes a specified project to repair or reconstruct a Federal-aid primary route in San Mateo County, California, eligible for assistance. (Sec. 1106) Authorizes the use of: (1) Federal land management agency funds to pay the non-Federal cost share of funded Federal-aid highway projects; and (2) FLHP funds to pay the non-Federal cost share of specified projects that provide access to or within Federal or Indian lands. Modifies FLHP provisions to establish a coordinated FLHP. Requires: (1) the Secretary to develop transportation planning procedures that are consistent with required metropolitan and statewide planning processes; (2) the Secretary's approval of the transportation improvement program (TIP); (3) that all regionally significant FLHP projects be developed in cooperation with States and MPOs, and be included in appropriate FLHP, State, and metropolitan plans and TIPs; (4) the inclusion of the approved FLHP TIP in appropriate State and MPO plans and programs without further action on the TIP; and (5) the Secretary and the Secretary of each appropriate Federal land management agency to develop safety, bridge, pavement, and congestion management systems for roads funded under the FLHP. Allows funds available for public lands highways, park roads and parkways, and Indian reservation roads to be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay for the cost of transportation planning, research, engineering, and construction of the highways, roads, and parkways, or of transit facilities within public lands, national parks, and Indian reservations. Includes among eligible projects a project to build a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona. Directs: (1) the Secretary to transfer to the appropriate Federal land management agency from amounts made available for public lands highways such amounts as necessary to pay the cost to the agency to conduct necessary transportation planning for Federal lands if funding for the planning is not otherwise provided; and (2) the Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or MPO, to carry out a transportation planning process in accordance with this Act. (Sec. 1107) Directs the Secretary to carry out a program to provide and maintain recreational trails. Sets forth provisions regarding State responsibilities, use of apportioned funds, State consideration of proposals that benefit or mitigate the impact to the natural environment, the Federal share (80 percent), uses not permitted, project administration, apportionment among the States, administrative costs, and contract authority. Makes amounts available from the HTF for FY 1998 through 2003 for such program. (Sec. 1108) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to: (1) increase from five to 15 the number of value (formerly, congestion) pricing pilot programs eligible for funding; (2) require the Secretary to fund all pre-implementation costs; and (3) remove the three-program cap on the number of such programs on which the Secretary shall allow the use of tolls on the IS. Makes sums available from the HTF for each of FY 1998 through 2003. (Sec. 1109) Repeals provisions regarding economic growth center development highways. Revises provisions of ISTEA regarding highway use tax evasion projects to set the Federal share of such projects at 100 percent and to make available specified funds to the Secretary from the HTF for FY 1998 through 2003. Directs the Secretary to enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service (IRS) for the development and maintenance by the IRS of an excise fuel reporting system. Authorizes appropriations to the Secretary from the HTF for development, operation, and maintenance of the system. (Sec. 1110) Includes the construction of pedestrian walkways as an eligible use of States' NHS apportionments under the same criteria by which bicycle transportation facilities are eligible. Removes a restriction against safely accommodating bicycles on highway bridges located on fully access-controlled highways. Modifies planning provisions to require that: (1) consideration be given to bicyclists and pedestrians in the comprehensive statewide and metropolitan planning processes; and (2) the inclusion of bicycle transportation facilities and pedestrian walkways be considered in conjunction with all new construction and reconstruction of transportation facilities, except where such transportation is not permitted. (Sec. 1111) Requires that: (1) at least ten percent of the funds authorized for specified programs under this Act be expended with small businesses owned and controlled by socially and economically disadvantaged individuals; (2) each State annually survey and compile a list of such businesses; and (3) the Secretary establish minimum uniform criteria for State government use in certifying business qualification. (Sec. 1112) Revises provisions regarding the Federal share payable on IS and other projects to authorize a State to determine a lower Federal share than that determined under such provisions. Authorizes a State to use as a credit toward the non-Federal share requirement for any program under ISTEA or specified Federal highway provisions, other than an emergency relief program, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain, without the use of Federal funds, highways, bridges, or tunnels that serve the public purpose of interstate commerce, subject to specified requirements. (Sec. 1113) Directs the Comptroller General of the United States to conduct: (1) an evaluation of the methodology used by DOT to determine highway needs using the highway economic requirement system (the model); and (2) a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections. Sets forth reporting requirements. Requires: (1) the Comptroller General to submit reports to the Congress on the international roughness index that is used as an indicator of pavement quality on the Federal-aid highway system; and (2) the Secretary to publish or otherwise report rates of obligation of funds apportioned or set aside according to program, funding category or subcategory, type of improvement, State, and sub-State geographic area on the basis of population. (Sec. 1115) Establishes the Cooperative Federal Lands Transportation Program, under which funds may be used for projects on highways that are owned or maintained by States or political subdivisions thereof that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Directs that such projects be proposed by a State and selected by the Secretary. Sets forth provisions regarding formulas for the distribution of funds for projects, funds transfers, and rights-of-way across Federal land (not affected). Makes specified funds available from the HTF for FY 1998 through 2003. (Sec. 1116) Directs the Secretary to make incentive grants to designated States and MPOs to encourage joint transportation planning activities and to improve people and vehicle movement into and through international gateways as a supplement to statewide and metropolitan transportation planning funding. Requires as a grant condition that a State transportation department or MPO certify to the Secretary that it commits to be engaged in joint planning with its counterpart agency in Mexico or Canada. Limits grant awards to $100,000 per department or MPO for any fiscal year. Makes funds available from the HTF for FY 1998 through 2003. Requires the Secretary to make grants to States to encourage, within the framework of the statewide transportation planning process, cooperative multistate corridor analysis of, and planning for, the safe and efficient movement of goods along and within international or interstate trade corridors of national importance. Sets forth provisions regarding the identification of corridors, corridor plans, and planning coordination. Consents to any two or more States: (1) entering into multistate agreements for cooperative efforts and mutual assistance in support of interstate trade corridor planning activities; and (2) establishing agencies to make the agreements effective. Makes specified funds available from the HTF for each of FY 1998 through 2003. Directs the Secretary to make grants to States or MPOs that submit an application that: (1) demonstrates need for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws; and (2) includes strategies to involve both the public and private sectors in the proposed project. Sets forth provisions regarding: (1) the selection of States, MPOs, and projects to receive grants; (2) permissible uses of grants; and (3) construction of transportation infrastructure for law enforcement purposes. Authorizes appropriations for FY 1998 through 2003. Sets forth provisions regarding coordination of planning, the Federal cost share, and the use of unallocated funds. (Sec. 1117) Amends the Appalachian Regional Development Act of 1965 to provide that: (1) each allocation to a State for the Appalachian development highway system shall remain available for expenditure for the fiscal year in which the allocation is made and the three following fiscal years; and (2) funds authorized for FY 1998 or thereafter, and not expended by a State during those four fiscal years, shall be released to the Appalachian Regional Development Commission for reallocation. Includes within the Appalachian development highway system a substitute corridor in lieu of Corridor H in Virginia. Increases the Federal share for prefinanced projects. Makes specified funds available for the continued construction of the system for FY 1998 through 2003. (Sec. 1118) Directs the Secretary to set aside specified funds for IS resurfacing, restoring, rehabilitating, or reconstructing, and for highway bridge replacement or rehabilitation, subject to specified requirements. (Sec. 1119) Requires the Secretary to solicit applications from States, or authorities designated by one or more States, for financial assistance authorized under this section for planning, design, and construction of eligible MAGLEV (i.e, transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) projects. Sets forth provisions regarding project eligibility, the Federal cost share, project selection criteria, and joint ventures. Makes funds available from the HTF for FY 1999 and 2000. Authorizes appropriations from the HTF for FY 2000 through 2003. Permits the use by a State of certain STP and CMAQ funds to pay a portion of project costs. (Sec. 1120) Requires the Secretary to execute an agreement with the Woodrow Wilson Memorial Bridge Authority or any Capital Region jurisdiction before funds made available under this section are available for construction of the replacement bridge, which shall identify whether the Authority or an individual entity will accept ownership of the new facility, and include a financial plan that identifies the total cost, schedule, and source of funds necessary to complete the project. Modifies the definition of the project to require that the replacement bridge be the preferred alternative identified in the record of decision in compliance with the National Environmental Policy Act. Authorizes appropriations from the HTF for FY 1998 through 2003 to pay the costs of planning, preliminary engineering and design, final engineering, acquisition of rights-of-way, and construction of the project. (Sec. 1121) Establishes the NHS as those routes and transportation facilities depicted on the map submitted by the Secretary to the Congress with a specified report, dated May 24, 1996. (Sec. 1122) Replaces the bridge program authorized in ISTEA with a requirement that States maintain their current funding levels for bridges on the Federal-aid system. Requires States to reserve at least an amount equivalent to the funding a State received under the bridge program for FY 1997 for bridges on either the IS, the NHS, or other Federal-aid roads. Requires an amount equivalent to at least 15 percent of a State's FY 1997 bridge apportionment to be expended on bridges off the Federal-aid system. Replaces the current requirement that States with Indian reservations reserve one percent of their bridge program funds for Indian reservation bridges to direct the Secretary to reserve at least $9 million for a program to fund improvements to Indian bridges. (Sec. 1123) Extends eligibility for CMAQ funding to include areas classified as submarginal ozone nonattainment areas and flexible attainment regions. Modifies eligibility for such funding to allow a State with a nonattainment area or maintenance area that received the minimum apportionment to use that amount of its apportionment not based on its nonattainment and maintenance area population on any project in the State eligible for STP funds. Excludes projects funded with CMAQ apportionments from the list of safety projects eligible for 100 percent Federal participation (making the standard 80 percent Federal share applicable). (Sec. 1124) Amends the National Highway System Designation Act of 1995 to remove Maine from the list of States (currently, Maine and New Hampshire) to which specified safety belt use law requirements apply. Updates and extends such requirements with respect to New Hampshire (requiring a belt use rate of at least 50 percent in FY 1997 through 2000). Subtitle B: Program Streamlining and Flexibility - Chapter 1: General Provisions - Replaces ISTEA provisions directing the Secretary to deduct up to three and three quarters per cent of specified apportionments for administrative expenses with a requirement that the Secretary deduct up to one and one half percent of certain Federal-aid highway apportionments to administer the Federal-aid highway program. (Sec. 1202) Amends Federal highway provisions to: (1) authorize advance acquisition of real property for transportation improvements (currently limited to highway projects); and (2) provide a credit for acquired lands based on the value of publicly owned lands incorporated within a federally funded project. (Sec. 1203) Permits obligations incurred in prior fiscal years and released in a current fiscal year to be made available for reobligation. (Sec. 1204) Repeals a restriction that applies the Federal-non-Federal matching share requirement to each payment a State receives for construction. Makes the requirement applicable to total project costs rather than to individual voucher payments. (Sec. 1205) Replaces provisions regarding income from airspace rights-of-way with provisions regarding proceeds from the sale or lease of real property acquired with assistance from the HTF. (Sec. 1206) Amends the National Highway System Designation Act of 1995 to provide that the Secretary shall not require States to use or plan the use of the metric system (currently, the Secretary may not require such action before September 30, 2000). (Sec. 1207) Requires the Secretary to submit to the Congress an annual (currently, monthly) report on States' obligations for Federal-aid highways, highway safety construction programs, and unobligated balances. (Sec. 1208) Terminates the right-of-way revolving fund (and provides for a 20 year close-out period), a pilot toll collection program, and a congressional bridge commission). Directs the Secretary to terminate the National Recreational Trails Advisory Committee. (Sec. 1209) Revises: (1) the eligible uses of funds apportioned for IM; and (2) the rules regarding the ability to transfer such funds to other Federal-aid highway programs. Chapter 2: Project Approval - Provides for the program-wide, rather than project-by-project, transfer and administration of transit funds made available for highway projects and highway funds made available for transit projects. Requires the Secretary to administer specified funds made available and transferred to Amtrak. (Sec. 1222) Eliminates provisions regarding State plans, specifications, and estimates for highway projects, including a provision limiting construction engineering costs to 15 percent of the total estimated costs of projects financed by Federal highway funds within a State in a fiscal year. Directs: (1) the Secretary to act upon plans, specifications, and estimates submitted by the State transportation department as soon as practicable and to enter into an agreement formalizing the conditions of project approval; and (2) the project agreement to make provision for State funds required for the State's pro rata share of project construction and maintenance costs. Authorizes the Secretary to discharge to the States with their approval the Secretary's responsibilities for the design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS. (Sec. 1223) Requires States to set aside eight (currently, ten) percent of the STP funds for transportation enhancement activities. Reduces the current quarterly, project-by-project State certification and notification requirements to annual, program-wide approval of each State's project agreement. (Sec. 1224) Authorizes States to use design-build contracting for Federal-aid highway projects meeting specified minimum criteria. Chapter 3: Eligibility and Flexibility - Redefines "operational improvement" to include the installation, operation, or maintenance of certain intelligent transportation systems (ITS) infrastructure projects. (Sec. 1232) Specifies that the construction of ferry boats and ferry terminal facilities are eligible uses of NHS, STP, and CMAQ funds. (Sec. 1233) Requires each State to set aside two percent of its STP apportionment for railway-highway crossings, two percent for hazard elimination activities, and six percent for railway highway crossings or hazard elimination activities. (Sec. 1234) Expands eligibility of projects on the NHS and under the STP. (Sec. 1236) Eliminates a requirement that a State highway project plan accommodate future traffic demands. Requires the Secretary to ensure the consideration of planned future traffic needs. Subtitle C: Finance - Chapter 1: General Provisions - Authorizes the Secretary to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance, subject to specified requirements. Chapter 2: Transportation Infrastructure Finance and Innovation - Transportation Infrastructure Finance and Innovation Act of 1997 - Establishes a transportation Federal credit assistance pilot program to provide alternative financing for eligible surface transportation projects. Sets forth eligibility criteria. (Sec. 1315) Authorizes the Secretary to enter into agreements with one or more obligors to make secured and direct loans to finance eligible project costs (including the refinancing of interim construction financing of such project costs for a limited time period). (Sec. 1318) Amends Federal transportation law to revise the duties of the Secretary to include, among other things, to develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. Directs the Secretary to establish within the Office of the Secretary an Office of Infrastructure Finance, headed by a Director responsible for: (1) carrying out certain responsibilities of the Secretary, and research on financing transportation infrastructure; and (2) providing technical assistance to Federal, State, and local government agencies and officials to facilitate the development and use of alternative techniques for financing transportation infrastructure. (Sec. 1321) Makes specified sums available from the HTF for FY 1998-2003 to carry out this chapter. (Sec. 1322) Sets forth reporting requirements. Subtitle D: Safety - Directs the Secretary to set aside for each of FY 1998 through 2003 from STP funds: (1) $500,000 to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings; and (2) $5 million for elimination of hazards of such crossings. (Sec. 1403) Expands the list of projects eligible for railway-highway funds to include trespassing countermeasures, safety education, enforcement of traffic laws, and publicly sponsored projects at privately owned railway-highway crossings. Requires States to report to DOT on certain completed projects. Repeals a requirement that half of such funds be available for installation of protective devices at such crossings. (Sec. 1404) Expands list of projects eligible for hazard elimination program funds to include projects that would remove road hazards to bicyclists. Repeals a prohibition on States using such funds to correct hazards on IS routes . (Sec. 1405) Requires the Secretary, if a State has not enacted or is not enforcing a repeat intoxicated driver law, to transfer one and one-half percent of a State's NHS and STP funds to the apportionment to be used for alcohol-impaired driving programs. Increases such percentage to three percent in FY 2002 and thereafter. Defines a "repeat intoxicated driver law" as one that requires, at a minimum, drivers with alcohol concentrations greater than or equal to .15 percent who are convicted of a second or subsequent offense within five years of the earlier conviction to receive a license suspension for at least one year, an assessment of the degree of alcohol abuse and treatment, as appropriate, and 30 days' community service or five days' imprisonment. (Sec. 1406) Provides incentive grants to States that either obtain a State seat belt use rate above the national average or increase the State seat belt usage. Makes funding available from the HTF for FY 1998 through 2003. Subtitle E: Environment - Directs the Secretary to carry out a National Scenic Byways program, and to make grants and provide technical assistance to States to implement National Scenic Byways, State scenic byways, and All-American Roads projects and plan, design, and develop a State scenic byway program. Sets the Federal share at 80 percent, with exceptions. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 1502) Allows an MPO, State transportation department, or other project sponsor to enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under CMAQ. Provides that activities eligible for funding in the case of projects for the use of alternative fuels by privately owned vehicles or vehicle fleets shall include costs of vehicle refueling infrastructure and other capital investments associated with the project but shall not include costs that would be borne by a private party or that would otherwise be offset under any other Federal, State, or local program. Prohibits a Federal participation payment from being made regarding any activity that is required under the Clean Air Act or any other Federal law. (Sec. 1503) Directs the Secretary to establish a national wetland restoration pilot program to fund specified mitigation projects to offset the degradation of wetlands, or the loss of functions and values of the aquatic resource, resulting from highway projects carried out before December 27, 1977, for which mitigation has not been performed. Sets forth provisions regarding selection of projects (and the formation of an interagency advisory council), selection criteria for priority projects, and reporting requirements. Makes specified funds available from the HTF for FY 1998 through 2003. Subtitle F: Planning - Revises provisions regarding metropolitan transportation planning. Sets forth specified boundary requirements for urbanized areas designated after this Act's enactment as ozone or carbon monoxide nonattainment areas, including that the boundaries of the metropolitan planning area be established by agreement between the local government and the Governor and encompass at least the urbanized and contiguous areas expected to become urbanized in a 20-year forecast period. Revises factors to be considered in the metropolitan transportation planning process. Requires such factors and State or local goals to be addressed in long-range transportation plans as they relate to a 20-year forecast and other forecast periods determined by planning process participants. Requires financial plans included in transportation management programs to indicate available resources and innovative financing techniques without requirements for indicating project-specific funding sources. Lists parties responsible for selection of federally funded projects to be implemented in metropolitan areas from approved transportation improvement programs. Authorizes the Secretary to withhold up to 20 percent of Federal highway and mass transportation funds attributable to a transportation management area if a metropolitan planning process is not certified. (Currently, all or part of STP funds may be withheld for failures to certify.) (Sec. 1602) Makes amendments to statewide planning provisions similar to those made to metropolitan planning provisions with respect to: (1) factors considered in the planning process; (2) elimination of requirements for project-specific funding sources; and (3) a 20-year forecast period for long-range transportation plans. (Sec. 1603) Directs the Secretary to establish: (1) an advanced travel forecasting procedures program; and (2) a comprehensive initiative to investigate and address the relationships between transportation and community and system preservation. Makes funds available from the HTF for FY 1998 through 2003. Subtitle G: Technical Corrections - Makes technical and conforming changes to Federal highway law. Increases the maximum allowable mileage on the NHS to 178,250 miles. Describes the Dwight D. Eisenhower National System of Interstate and Defense Highways and limits maximum mileage on the IS to 43,000 miles, exclusive of additional designations authorized by the Secretary. Title II: Research and Technology - Subtitle A: Research and Training - Amends Federal transportation law to direct the Secretary to establish a strategic planning process to: (1) determine national transportation research, development, and technology (RD&T) deployment priorities, strategies, and milestones over the next five years; (2) coordinate Federal transportation RD&T deployment activities; and (3) measure the impact of specified RD&T investments on the performance of the U.S. transportation system. Sets forth provisions regarding transactional authority of the Secretary, implementation of such process, and reporting requirements. Authorizes funds from the HTF for FY 1998 through 2003. (Sec. 2002) Directs the Secretary to establish a Multimodal Transportation Research and Development Program. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2003) Directs the Secretary to make grants to, or enter into contracts with, selected nonprofit institutions of higher learning to operate one university transportation center in each of the ten Federal administrative regions that comprise the Standard Federal Regional Boundary System. Authorizes the Secretary to make grants to such institutions to establish and operate up to ten additional centers to address specified transportation issues. Sets forth provisions regarding selection criteria, the Federal cost share, program coordination, and review and evaluation. Makes funds available from the HTF for each of FY 1998 through 2003. (Sec. 2004) Expands the list of topics to be covered by the Bureau of Transportation Statistics (BTS), including transportation-related variables influencing global competitiveness. Requires the Director of BTS to: (1) establish and maintain a transportation data base for all modes of transportation, and a National Transportation Library; and (2) develop and maintain geospatial data bases that depict transportation networks, flows of people, goods, vehicles, and craft over the networks, and social, economic, and environmental conditions that affect or are affected by the networks. Authorizes the Secretary to make specified research and development grants, including for development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library. Sets forth provisions regarding prohibited disclosures, and disposition of proceeds of data product sales. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2005) Directs the Secretary to: (1) carry out certain transportation-related RD&T transfer activities (and authorizes the Secretary to test, develop, or assist in testing and developing any material, invention, patented article, or process); and (2) develop and carry out programs to facilitate the application of such products of research and technical innovations as will improve the safety, efficiency, and effectiveness of the transportation system. Authorizes the Secretary to carry out certain collaborative research and development activities. Sets forth mandatory elements of surface transportation RD&T transfer programs. (Sec. 2006) Directs the Secretary to establish an advanced research program within the FHWA to address longer-term, higher-risk research that shows potential benefits for improving the durability, mobility, efficiency, environmental impact, productivity, and safety of transportation systems. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2007) Directs the Secretary to complete long-term pavement performance program tests through the midpoint of a planned 20-year life of the program. Makes HTF funds available for FY 1998 through 2003. (Sec. 2008) Makes two percent of certain transportation funds available to the States for each fiscal year to fund planning and research. (Sec. 2009) Directs the Secretary to carry out a transportation assistance program to provide access to modern highway technology to: (1) certain low-population and rural highway and transportation agencies; and (2) contractors who work for such agencies. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts to: (1) assist rural local transportation agencies, tribal governments, and consultants; (2) deliver transportation technology and traffic safety information to local jurisdictions; (3) operate local technical assistance program centers; and (4) allow local transportation agencies and tribal governments to enhance new technology implementation. Makes funds available from the HTF for FY 1998 through 2003. Directs the Secretary to: (1) establish and operate in FHWA a National Highway Institute; and (2) carry out a Dwight David Eisenhower Transportation Fellowship Program to attract qualified students to the field of transportation. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2010) Provides authorized uses of international highway transportation outreach program funds. Enables States to use their State Planning and Research Program Funds for program activities. (Sec. 2011) Directs the Secretary to develop and administer a national technology deployment initiatives and partnerships program. Sets forth reporting requirements. Makes HTF funds available for FY 1998 through 2003. (Sec. 2012) Directs the Secretary to: (1) report every two years on estimates of the future highway and bridge needs of the United States; (2) establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures (and makes HTF funds available for FY 1998 through 2003); (3) make a grant to, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences to conduct a study to determine the goals, purposes, research agenda and projects, administrative structure, and fiscal needs for a new strategic highway research program (and sets reporting requirements); and (4) encourage and promote joint partnerships for advanced vehicles, components, and infrastructure (and sets forth reporting requirements and authorizes appropriations). Subtitle B: Intelligent Transportation Systems - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to carry out a comprehensive program of intelligent transportation systems (ITS) research, development, operational testing, technical assistance and training, national architecture activities, standards development and implementation, and other similar activities, including a program to conduct research, development, and engineering designed to stimulate and advance deployment of an integrated intelligent vehicle program and an integrated intelligent infrastructure program. Sets forth provisions regarding priorities, cost sharing, a six-year plan, reporting and evaluation requirements, and funding. Directs the Secretary to: (1) maintain a repository for technical and safety data collected as a result of federally sponsored projects and, upon request, make such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (2) carry out a program to advance traffic incident management and response technologies, strategies, and partnerships that are fully integrated with ITS; (3) conduct a comprehensive program to accelerate the integration and interoperability of ITS; (4) conduct a comprehensive program to accelerate the integration or deployment of ITS in rural areas; and (5) carry out a comprehensive program to promote the safety and productivity of commercial vehicles and drivers, and reduce costs associated with commercial vehicle operations and State and Federal commercial vehicle regulatory requirements. Makes HTF funds available for FY 1998 through 2003. Requires the Secretary to develop, implement, and maintain a national architecture and supporting standards to promote the widespread use and evaluation of ITS technology as a component of U.S. surface transportation systems. Sets forth provisions regarding reporting requirements, waivers, funding limitations, and advisory committees. Repeals the Intelligent Transportation Systems Act of 1991. Subtitle C: Funding - Makes funds available from the HTF for research, technology, and training for FY 1998 through 2003. Limits obligations for each such year.
Bill· SS. 1166 (105th)referred
United States · United States Congress · 11 September 1997
Federal Agency Compliance Act - Requires a Federal agency, in administering a statute, rule, regulation, program, or policy (statute) within a judicial circuit, to adhere to the existing precedent respecting the interpretation and application of such statute, as established by the decisions of the United States court of appeals for that circuit, with exceptions. Allows an agency to take a position, either in administration or litigation, that is at variance with such precedent if: (1) it is uncertain whether the administration of the statute will be subject to review by the appeals court that established that precedent or a court of appeals for another circuit; (2) the Government did not seek further review of the case in which that precedent was first established in that appeals court or the U.S. Supreme Court because neither the United States nor any agency or officer thereof was a party to the case or because the decision establishing that precedent was otherwise substantially favorable to the Government; or (3) it is reasonable to question the continued validity of that precedent in light of a subsequent decision of that appeals court or the U.S. Supreme Court, a subsequent change in any pertinent statute or regulation, or any other subsequent change in the public policy or circumstances on which that precedent was based. Requires: (1) the officers of any Federal agency supervising the conduct of litigation to ensure that the initiation, defense, and continuation of proceedings in the U.S. courts within, or subject to the jurisdiction of, a particular judicial circuit avoids unnecessarily repetitive litigation on questions of law already consistently resolved against the U.S. position in precedents established by the U.S. courts of appeals for three or more other judicial circuits; and (2) decisions on whether to initiate, defend, or continue litigation to take into account specified factors, including the effect of intervening changes in pertinent law or the public policy or circumstances on which the established precedents were based. Requires the Attorney General to report annually to specified congressional committees on Federal agency efforts to comply with this Act. Specifies that a decision on whether to initiate, defend, or continue litigation is not subject to court review on the grounds that the decision violates the requirement under this Act regarding adherence to court of appeals precedents.
Bill· SS. 1164 (105th)open
United States · United States Congress · 11 September 1997
TABLE OF CONTENTS: Title I: Sanctions Title II: Human Rights, Religious Freedom, and Democracy in China Title III: National Security Matters Title IV: Trade Title V: Human Rights and Religious Freedom Worldwide Title VI: Other Matters China Policy Act of 1997 - Sets forth U.S. policy with respect to the People's Republic of China including to: (1) encourage freedom and democracy in China and to deter the Chinese Government from activities contrary to U.S. national security interests; (2) encourage the Chinese Government to make progress towards improving human rights conditions in China and Tibet; and (3) limit the use of U.S. taxpayer funds for the subsidization of China through multilateral development banks and U.S. programs. Title I: Sanctions - Prohibits the Secretary of State (except in the case of a presidential waiver in the U.S. national interest) from issuing any visa to, and the Attorney General from admitting to the United States, certain high-ranking officials of the Chinese Government who have been involved in limiting the free exercise of religion and other human rights in China. (Sec. 102) Requires votes by the appropriate U.S. Executive Directors to deny multilateral assistance by international development banks. (Sec. 103) Directs the President to: (1) prohibit the importation into the United States of products (with specified exceptions) produced by any affiliate of the People's Liberation Army (PLA), the China Poly Group (also known as Polytechnologies Incorporated or BAOLI), and the China North Industries Group (Norinco); (2) direct the Secretary of State and the Attorney General to deny or impose restrictions on the entry into the United States of foreign nationals employed by such entities; (3) prohibit the issuance of licenses for U.S. Munitions List exports to such nationals or entities; (4) prohibit the export of controlled goods or technology to them; (5) direct the Export-Import Bank of the United States not to approve the issuance of credit to them; (6) prohibit U.S. nationals from issuing guarantees for loans or investments, or extending credit, to them; and (7) prohibit U.S. agencies and U.S. nationals from entering into any contract with such nationals or entities for the procurement of goods or services. Requires the Director of Central Intelligence to report annually to appropriate Members of Congress on each PLA entity which transferred controlled goods or technology to any other entity. Requires the Director of the Federal Bureau of Investigation to report annually to appropriate Members of Congress on each PLA entity which attempted to: (1) illegally import weapons or firearms into the United States; or (2) engage in military collection or espionage here under the cover of commercial business activity. (Sec. 104) Expresses the sense of the Congress that the President should consult with major U.S. allies and trading partners in order to encourage them to adopt similar sanctions against China. Requires a report to the Congress on such consultations. Title II: Human Rights, Religious Freedom, and Democracy in China - Sets forth findings with respect to human rights abuses, restrictions on religious freedom, and coercive family planning practices in China (including Tibet). (Sec. 205) Authorizes appropriations for FY 1998 and 1999 for U.S. Customs Service and Department of State monitoring of Chinese exports of products made with slave labor to the United States. Requires the Commissioner of Customs and the Secretary to each report to Members of Congress on the manufacturing and exportation of such products. Expresses the sense of the Congress that, in light of China's having substantially frustrated the purposes of the 1992 Memorandum of Understanding (MOU) with the United States on Prison Labor, the President should commence negotiations to replace the MOU with one providing for effective monitoring of forced labor in China, without restrictions on which prison labor camps international monitors visit. (Sec. 206) Authorizes appropriations for FY 1998 for international broadcasting activities for Radio Free Asia (RFA) and Voice of America (VOA) broadcasting to China. Expresses the sense of the Congress that U.S. international broadcasting through RFA and VOA should be increased to provide 24-hour broadcasting in Chinese and Tibetan dialects, including Mandarin Chinese, Tibetan, and at least one other dialect. (Sec. 207) Earmarks specified amounts of National Endowment for Democracy and United States Information Agency funds for FY 1998 for student, cultural, and legislative exchange activities in China. (Sec. 209) Directs the Secretary to report annually to the Congress on family planning activities in China. (Sec. 210) Expresses the sense of the Congress that: (1) the U.S. Government should increase efforts in the United Nations Human Rights Commission and other international fora to condemn gross violations of human rights by China; and (2) the President should vigorously lobby other countries for passage of future Commission resolutions on China's human rights record. (Sec. 211) Expresses the sense of the Congress with respect to China's compliance with the Joint Declaration on Hong Kong. Title III: National Security Matters - Sets forth findings on China with respect to: (1) the proliferation of ballistic missiles, weapons of mass destruction, and destabilizing advanced conventional weapons; (2) the evasion of U.S. export control laws; and (3) the inconsistent application of U.S. export control laws to it and Hong Kong. (Sec. 306) Directs the President to require that no digital supercomputers may be exported or reexported to China without the prior approval of specified designated agency officials. Authorizes the export or reexport of such supercomputers to China only pursuant to a license issued by the Secretary of Commerce if any one of the designated officials does not approve its export or reexport. (Sec. 307) Prohibits the Secretaries of State and of Commerce from approving an export license application for the export of a dual-use item to Hong Kong if U.S. officials are denied the opportunity to conduct a pre-license verification with respect to such items and their recipient. Requires applications for the export of such items to Hong Kong to be treated in the same manner as a request to export such items to China if: (1) U.S. officials are denied postshipment verification of the location, recipient, and end use of such items; and (2) such items have been diverted to China, a non-authorized end use, or to a recipient other than the one named in the application. (Sec. 308) Declares that it is the policy of the United States that: (1) the delivery of 60 C-802 cruise missiles by China to Iran poses a threat to deployed U.S. forces in the Middle East and contributes materially to Iran's efforts to acquire destabilizing numbers of advanced conventional weapons; and (2) such delivery is a violation of the Iran-Iraq Arms Non-Proliferation Act of 1992. Imposes certain sanctions on China under such Act. (Sec. 309) Expresses the sense of the Congress that: (1) transfers of certain missile equipment and technology by China pose a threat to the national security interests of the United States; (2) failure of the Clinton Administration to determine whether to impose sanctions for such transfers contributes to such threat; and (3) the President should initiate procedures necessary to determine whether sanctions should be imposed for such transfers. Requires a report to the Congress on the determination whether or not to impose such sanctions. (Sec. 310) Requires specified reports to the Congress on: (1) PLA-owned entities; (2) PLA military modernization activities; and (3) Chinese intelligence activities directed against or affecting the interests of the United States. (Sec. 312) Directs the Secretary of Defense to study, and report to specified congressional committees on, the architecture requirements for the establishment and operation of a theater ballistic missile defense system for Taiwan, including the Penghu Islands, Kinmen, and Matsu. (Sec. 313) Expresses the sense of the Congress that: (1) current U.S. force levels in the Pacific Command Theater of Operations are necessary to continued peace and stability in that region; (2) any reductions in such force levels should only be done in close consultation with the Congress and with a clear understanding of their impact upon the U.S. capacity to fulfill its treaty obligations with other states in the region as well as its ability to deter potential aggression there; and (3) the annual report on U.S. national security strategy should include specific information on the adequacy of U.S. armed forces to support such strategy as it relates to China. (Sec. 314) Expresses the sense of the Congress that the President and the Secretary of State should initiate negotiations with China and other Asian countries to establish a commission on matters relating to security and cooperation in Asia that would be modeled after the Commission on Security and Cooperation in Europe. Title IV: Trade - Expresses the sense of the Congress that Taiwan should be admitted to the World Trade Organization upon meeting certain criteria. Title V: Human Rights and Religious Freedom Worldwide - Amends the Immigration and Nationality Act to direct the Attorney General to establish a program to provide training on religious persecution to U.S. immigration officers. Directs the Secretary of State to report to specified congressional committees on religious persecution worldwide. (Sec. 502) Directs the Secretary of State to establish the Prisoner Information Registry. Title VI: Other Matters - Repeals the Center for Cultural and Technical Interchange Between East and West Act of 1960 (thereby terminating the Center for Cultural and Technical Interchange Between East and West). (Sec. 601) Prohibits the use of United States Information Agency funds for such Center.
Bill· HRH.R. 2459 (105th)open
United States · United States Congress · 11 September 1997
Landmine Elimination Act of 1997 - Prohibits Federal agencies from funding any new deployments of anti-personnel landmines as of January 1, 2000. Directs the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Authorizes the President to delay implementation of the funding proscription with respect to the Korean Peninsula if he certifies annually to the Congress that new deployments of anti-personnel landmines on such Peninsula would be indispensable to the defense of the Republic of Korea.
Resolution· HRESH.Res. 228 (105th)passed
United States · United States Congress · 11 September 1997
Waives points of order against the consideration of the conference report on H.R. 2016 (military construction appropriations).
Bill· HRH.R. 2421 (105th)referred
United States · United States Congress · 5 September 1997
Repeals the Military Selective Service Act. States that, notwithstanding provisions of such Act, the Office of Selective Service Records shall not be reestablished upon such repeal. Transfers assets, contracts, property, and records held by the Selective Service System, as well as unexpended appropriations, to the Administrator of General Services.
Law· HRH.R. 2400 (105th)enacted
United States · United States Congress · 4 September 1997
TABLE OF CONTENTS: Title I: Federal-Aid Highways Title II: Highway Safety Title III: Federal Transit Administration Programs Title IV: Motor Carrier Safety Title V: Programmatic Reforms and Streamlining Title VI: Transportation Research Subtitle A: Surface Transportation Research, Technology, and Education Subtitle B: Intelligent Transportation Systems Title VII: Truth in Budgeting Building Efficient Surface Transportation and Equity Act of 1997 - Title I: Federal-Aid Highways - Authorizes appropriations out of the Highway Trust Fund (HTF) for the following: (1) the Interstate Maintenance Program (IM); (2) the National Highway System (NHS); (3) the Bridge Program; (4) the Surface Transportation Program (STP); (5) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); (6) a new High Risk Road Safety Improvement Program (high risk program); (7) the High Cost Interstate System Reconstruction and Improvement Program (high cost program); (8) Discretionary Programs; (9) the Appalachian Development Highway System Program; (10) the Recreational Trails Program; (11) the Federal Lands Highways Program (FLHP); and (12) Highway Use Tax Evasion Projects. (Sec. 103) Sets forth specified obligation ceilings, and formulas for distribution of (and redistribution of unused) obligation authority for Federal-aid highway programs. (Sec. 104) Revises apportionment provisions to require the Secretary of Transportation (the Secretary): (1) whenever an apportionment is made of the sums authorized to be appropriated for expenditure on IM, NHS, the bridge program, STP, CMAQ, the high risk program, the high cost program, the national corridor planning and development program, the border infrastructure and safety program, and FLHP, to deduct a sum not to exceed one and a half percent of all sums so authorized as necessary for administering legal provisions to be financed from appropriations for the Federal-aid highway program; and (2) on October 1 of each fiscal year, after making a specified deduction and set aside, to apportion the remainder of the sums authorized to be appropriated for expenditure on IM, NHS, STP, CMAQ, and the high risk program according to specified formulas. Modifies the recreational trails program to direct the Secretary to: (1) deduct from apportionments of sums for the program an amount not to exceed three percent to cover administrative, research, and technical assistance costs; and (2) apportion half of the remainder equally among eligible States and half to such States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year. Sets forth a new list of State percentages for NHS apportionments. Requires the Secretary to use the most up-to-date data available for the latest fiscal year in making apportionments. (Sec. 105) Revises the IM to authorize the Secretary to approve reconstruction of roads on the Interstate System (IS). (Sec. 106) Repeals certain requirements: (1) on States, local officials, and the Secretary regarding NHS components; and (2) regarding approval of designations and an interim system. Designates specified NHS modifications that consist of highway connections to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities as NHS components. Directs the Secretary to: (1) review the condition of and improvements made to NHS connectors approved by this Act that serve seaports, airports, and other intermodal freight transportation facilities since the designation of the NHS and report to the Congress; and (2) conduct a national children's competition to design a national logo sign for the routes comprising the NHS, appoint a panel to evaluate all designs and select a winning design, and report to specified congressional committees. (Sec. 107) Amends provisions regarding the highway bridge program to provide that if a State transfers funds apportioned to it in a fiscal year beginning after September 30, 1997, to any other apportionment of funds to such State, the total cost of deficient bridges in such State and in all States to be determined for the succeeding fiscal year shall be reduced by the amount of such transferred funds. Grants the Secretary discretion regarding the amounts authorized for FY 1998 through 2000 for bridges under this Act. Authorizes the use of agriculturally derived, environmentally acceptable, minimally corrosive anti- and de-icing compositions or installation of scour countermeasures for bridges other than those on a Federal-aid highway. (Sec. 108) Authorizes the application of anti- and de-icing compositions to bridges under the STP. Includes among eligible STP projects environmental restoration and pollution abatement projects, including the retrofit or construction of storm water treatment systems, to address water pollution or environmental degradation caused or contributed to by existing transportation facilities at the time such facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration. Limits the expenditure of funds to 20 percent of the total cost of such activity. Replaces certification requirements by the Governor of each State with a requirement that each State submit a project agreement for each fiscal year, certifying that the State will meet specified requirements and notifying the Secretary of the amount of obligations needed to administer the STP. Deems the Secretary's approval a contractual obligation of the United States for the payment of STP funds. (Sec. 109) Modifies CMAQ to authorize a State to obligate CMAQ funds if the program or project would have been eligible for funding on or before September 30, 1997, under guidance issued by the Secretary, subject to specified requirements. Authorizes: (1) funds for a project which will result in the construction of new capacity available to single occupant vehicles and to high occupancy vehicles if the project is otherwise eligible for assistance; and (2) appropriations for "minimum allocations" to States through FY 1997. Directs the Secretary to: (1) request the National Academy of Sciences to study the impact of CMAQ on the air quality of nonattainment areas and to report to specified congressional committees; (2) establish and implement a high risk program for construction and operational improvement projects only where the primary purpose of the project is to improve highway safety on a high risk road; and (3) allocate to States, in FY 1998 and beyond, amounts sufficient to ensure that a State's percentage of the total apportionments in each such FY for IM, NHS, the bridge program, STP, CMAQ, the high risk program, the recreational trails program, the Appalachian Development Highway System program, and metropolitan planning be at least 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the HTF, other than the Mass Transit Account, in the latest fiscal year for which data are available. Sets forth a formula regarding calculation of a minimum allocation adjustment. (Sec. 112) Directs the Secretary to apportion specified funds for FY 1998 through 2000 among the States based on the latest available cost to complete estimate for the Appalachian Development Highway System prepared by the Appalachian Regional Commission, unless the Commission adopts an alternative method for distribution. Specifies that, in general, no State containing System routes shall receive less than $1 million. Increases the Federal share for pre-financed projects. (Sec. 113) Replaces provisions regarding reimbursement for segments of the IS constructed without Federal assistance with a high cost interstate system reconstruction and improvement program. Makes funds available for a fiscal year for any major reconstruction or improvement project to a highway designated as part of the IS and open to traffic before this Act's enactment, subject to specified requirements. (Sec. 114) Directs the Secretary to: (1) administer a national program to provide and maintain recreational trails (and terminates the National Recreational Trails Advisory Committee on September 30, 2000); and (2) establish and implement a program to make allocations to States for coordinated planning and design of corridors of national significance, economic growth, and international or interregional trade, and a coordinated border infrastructure and safety program to improve the safe movement of people and goods at or across the U.S.- Canadian and U.S.-Mexican borders. (Sec. 117) Increases the Federal share payable for IS projects. Permits the use of funds appropriated to a Federal land managing agency, and for the FLHP, as the non-Federal share for specified purposes. Directs the Secretary to: (1) allocate 50 percent of sums authorized to be appropriated for forest highways according to a specified formula; (2) conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts; (3) allocate funds for specified transportation-related historical research activities of the Smithsonian Institution; (4) allocate specified funds for the planning, design, and construction of a visitors center to facilitate visitor understanding and enjoyment of resources accessible by the New River Parkway in West Virginia; (5) carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archeological qualities by designating them as National Scenic Byways or All-American Roads; (6) allocate funds to establish a center for national scenic byways in Duluth, Minnesota; and (7) establish and implement a variable pricing pilot program (repeals a congestion pricing program under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)), and report to the Congress. (Sec. 120) Allows States to use as credit toward the non-Federal matching share requirement for certain funds made available, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce which were not built, improved, or maintained with Federal funds. Directs the Secretary to: (1) establish and implement an IS reconstruction and rehabilitation pilot program under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the IS for the purpose of constructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls; and (2) develop performance-based criteria for the distribution of up to five percent of the funds from each of the IM, bridge, high risk, STP, and CMAQ programs, and report to the Congress. (Sec. 121) Amends ISTEA to: (1) allow, at the Secretary's discretion, the obligation from the HTF funds for the construction of ferry boat and ferry terminal facilities; and (2) authorize the use of funds to establish and operate an automated fuel reporting system. (Sec. 124) Modifies Federal highway provisions regarding: (1) metropolitan planning to include that it is in the national interest to foster economic growth and development; and (2) statewide planning to authorize a State to consider specified goals and objectives in the transportation planning process. Directs the Secretary to conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming, and report to the Congress. (Sec. 126) Requires the Secretary to initiate and: (1) issue a guidance regarding the benefits and performance of various types of crash cushions in different road configurations; and (2) complete a rulemaking proceeding to determine the appropriate use by States of movable barrier technologies to enhance safety and improve the capacity and geometric design of highways. (Sec. 127) Authorizes appropriations for specified executive and legislative branch discretionary programs. (Sec. 128) Amends the National Highway System Designation Act of 1995 to direct the Secretary to convey to Virginia, Maryland, and the District of Columbia all U.S. interest in and to the Woodrow Wilson Memorial Bridge, which shall subsequently convey to the Woodrow Wilson Memorial Bridge Authority their respective interests in and to the Bridge. (Sec. 129) Authorizes a State, in implementing Federal-aid highway projects, to reserve training positions for persons who receive welfare assistance from such State. Authorizes: (1) the Secretary to develop, conduct, and administer highway technology training, and to develop and fund summer transportation institutes; (2) give priority to funding for a transportation project related to an Olympic event under specified conditions; (3) provide assistance to State and local governments in carrying out transportation projects related to an international quadrennial Olympic event; (4) carry out a project for the reconstruction of a highway, or portion of a highway, located outside the United States that is important to the national defense; and (5) fund the production of a documentary about infrastructure. Directs the Secretary to conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules, and report to the Congress. (Sec. 133) Sets forth provisions regarding various projects in California, Michigan, Ohio, West Virginia, and Minnesota. (Sec. 134) Repeals a law regarding Federal approval of membership of bridge commissions. Directs the Secretary to conduct a study to examine the impact of truck weight standards on specialized hauling vehicles, and to report to the Congress. (Sec. 135) Bars States from restricting motorcycle access to any highway or portion thereof for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (Sec. 136) Amends ISTEA to include specified corridors, such as the Capital Gateway Corridor, as high priority corridors. (Sec. 137) Revises provisions regarding: (1) bicycle transportation and pedestrian walkways to authorize the use of NHS funds for pedestrian walkways; and (2) standards for Federal-aid highways to prohibit the Secretary from approving any project or taking any regulatory action that will result in the severance of an existing major route or have significant adverse impact on the safety for non-motorized transportation traffic and light motorcycles, unless such project or action provides for a reasonably alternate route or such a route exists. Directs the Secretary to initiate a study to consider proposals to amend the policies of such association relating to highway and street design standards to accommodate bicyclists and pedestrians. Authorizes the Secretary to develop a national bicycle safety education curricula that may include courses relating to on-road training. Sets forth reporting requirements. (Sec. 138) Amends Federal highway provisions regarding the hazard elimination program to consider conditions that may constitute a danger to bicyclists. (Sec. 139) Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the Barney Circle Freeway project in the District of Columbia. (Sec. 140) Requires: (1) the Secretary to conduct life-cycle cost analyses of each usable project segment on the NHS (currently, with a cost of $25 million or more); and (2) the Comptroller General to conduct a study to assess the impact that a utility company's failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, and report to the Congress. Title II: Highway Safety - Amends Federal highway provisions to: (1) provide that uniform guidelines for highway safety programs take into account accident prevention; (2) direct that the apportionment to the Secretary of the Interior for highway safety programs not be less than three-fourths of one percent of the total apportionment; (3) make provisions regarding access for physically handicapped across curbs at pedestrian crosswalks applicable to Indian tribes, with exceptions; and (4) replace a mandatory rulemaking process with one authorizing the Secretary to periodically identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. (Sec. 203) Revises highway safety research and development provisions to authorize the use of safety research funds for training in work zone safety management. (Sec. 204) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. (Sec. 205) Replaces provisions regarding: (1) school bus driver training with provisions directing the Secretary to make grants to States that adopt and implement effective programs to improve the timeliness, accuracy, completeness, uniformity, and accessibility of the State's data needed to identify priorities for State and local highway and traffic safety programs, evaluate the effectiveness of efforts to make such improvements, and link these State data systems, including traffic records, together and with other data systems within the State; and (2) drunk driving prevention programs with an alcohol-impaired driving countermeasures program (which provides for grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol). (Sec. 207) Authorizes the Secretary to enter into an agreement with an organization that represents the interests of the States to manage, administer, and operate the National Driver Register's (NDR) computer timeshare and user assistance functions. Directs that any transfer of such functions to an organization that represents the interests of the States begin only after a determination is made by the Secretary that all States are participating in NDR's "Problem Driver Pointer System" and that the system is functioning properly. (Sec. 208) Directs: (1) the Secretary to conduct a study on the benefit to public safety of the use of blowout resistant tires on commercial motor vehicles and the potential to decrease the incidence of accidents and fatalities from accidents occurring as a result of blown out tires, and to report to the Congress; (2) the Comptroller General to conduct a study to evaluate the effectiveness of State laws that deem any individual with a blood alcohol concentration of .08 percent or greater, and .02 percent or greater for persons under age 21, while operating a motor vehicle to be driving while intoxicated, in reducing the number and severity of alcohol-involved crashes, and report to the Congress; and (3) the Secretary to make grants to establish and maintain a center for transportation injury research at the State University of New York at Buffalo. (Sec. 210) Authorizes appropriations out of the HTF for: (1) National Highway Traffic Safety Administration highway safety programs, and highway safety research and development (R&D); (2) Federal Highway Administration (FHWA) highway safety programs and highway safety R&D; (3) occupant protection incentive grants; (4) State highway safety data grants; (5) State highway safety data grants; (6) the alcohol traffic safety incentive grant program; and (7) NDR. Title III: Federal Transit Administration Programs - Amends Federal transportation law with respect to the metropolitan transportation planning process to replace the current mandatory factors for consideration in developing plans and programs with specified discretionary considerations whose translation into goals and objectives the metropolitan planning organization (MPO) shall determine cooperatively with the State and mass transportation operators. (Sec. 304) Requires the transportation improvement program to be updated at least once every three years (currently, every two years). Allows the program financial plan to include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (Sec. 305) Changes from mandatory to discretionary the inclusion of a congestion management system in the transportation planning process in a transportation management area (TMA). Requires the State, instead of the TMA MPO, to select high risk road safety projects. (Sec. 306) Changes the capital project block grant program into an urbanized area formula grant program. Repeals authority to finance operating costs generally under the program. Authorizes the Secretary to make grants to finance the operating cost of equipment and facilities for use in mass transportation only in an urbanized area with a population of less than 200,000. Changes the interest allowance under the covered cost of advance construction projects from a specified formula to the most favorable financing terms reasonably available, given the applicant's reasonable diligence in seeking them. Declares that two percent of the block grant funds apportioned to urbanized areas of at least 200,000 population shall only be available for transit enhancement activities. (Sec. 307) Repeals the Secretary's current authority to make capital project block grants from the Mass Transit Account. (Sec. 308) Authorizes the Secretary to make grants and loans to assist State and local authorities in financing: (1) capital projects to modernize existing fixed guideway systems; and (2) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities. Repeals authority to make such grants and loans for transportation projects that enhance urban economic development or incorporate private investment. Repeals the requirement that the Secretary consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities: (1) owned by a rail carrier subject to reorganization under the bankruptcy code; and (2) used to provide commuter rail transportation. Revises the criteria for grants and loans for fixed guideway systems. Revises requirements for: (1) letters of intent and full funding agreements; and (2) grant and loan allocations, including bus and bus facility grants. Directs the Secretary to establish a pilot program for the testing and deployment of new bus technology, including clean fuel and alternative fuel technology. (Sec. 309) Directs the Secretary to make grants and enter into 50 percent cost-sharing contracts, cooperative agreements, and other agreements with specified consortia selected competitively from among public and private partnerships to promote the early deployment of innovation in mass transportation technology, services, management, or operational practices. Authorizes the Secretary to inform the U.S. domestic mass transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of mass transportation products and services. Directs the Secretary to make grants for 80 percent of the cost of developing low speed magnetic levitation technology for public transportation in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (Sec. 313) Repeals the mandate to make grants to specified university research institutes and for regional transportation centers. (Sec. 316) Increases from 90 percent to 95 percent the Federal share of a project providing bicycle access to mass transportation. Requires capital project grants and loans to require that any person agreeing to occupy space in a federally funded facility pay a reasonable share of facility costs through rental payments or other means. Declares that, to the extent feasible, governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall participate and coordinate with assistance recipients in the planning, design, and delivery of transportation services. (Sec. 318) Authorizes a grant recipient to award a procurement contract to other than the lowest bidder when the award furthers an objective consistent with the purposes of the grant, including improved long-term operating efficiency and lower long-term costs. (Sec. 319) Authorizes an urbanized area formula grant recipient procuring an associated capital maintenance item to contract directly with the original manufacturer or supplier of the item to be replaced, without the Secretary's prior approval, if the recipient first certifies in writing to the Secretary that: (1) the manufacturer or supplier is the only source for the item; and (2) the item's price is no more than what similar customers pay for it. (Sec. 321) Directs the Secretary to study and report to the Congress on how the alcohol and controlled substances random testing rate for mass transportation employees should be calculated. (Sec. 322) Authorizes the Secretary to collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote mass transportation. Directs the Secretary to seek public comment on ways to simplify and streamline the administration of the formula program for urbanized areas with populations of less than 200,000, and make every effort to ease any administrative burdens identified. (Sec. 324) Limits the total amount of funds available for any fiscal year for operating assistance and preventive maintenance activities for urbanized areas. (Sec. 325) Revises the apportionment of appropriations for fixed guideway modernization. Requires inclusion of route segments in apportionment formulas. (Sec. 326) Authorizes appropriations, and sets the obligation ceilings, for FY 1998 through 2000. (Sec. 328) Authorizes the Secretary to make competitive grants to assist States, local authorities, and nonprofit organizations in financing transportation services designed to transport welfare recipients to and from jobs and activities related to their employment. Sets the Federal share of costs at 50 percent. (Sec. 329) Declares that it is the sense of the Committee on Transportation and Infrastructure that the Secretary of the Treasury should estimate the mass transit portion of net highway receipts every 24 months instead of every 12 months. (Sec. 330) Directs the Comptroller General to study and report to specified congressional committees on the Secretary of Transportation's implementation of project management oversight. (Sec. 331) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on: (1) the effect of privatization or contracting out of mass transportation operation and administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations; and (2) the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (Sec. 333) Directs the Secretary to study and report to specified congressional committees on whether the current formula for apportioning funds to urbanized areas accurately reflects their transit needs, and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (Sec. 334) Directs the Comptroller General to study and report to specified congressional committees on Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services. Title IV: Motor Carrier Safety - Amends Federal transportation law to specify that discretionary grants to States to develop commercial motor vehicle regulatory programs include performance-based grants to improve motor carrier safety, and in particular hazardous materials transportation safety. (Sec. 402) Authorizes appropriations for such grants for FY 1998 through 2000. Authorizes the Secretary, in allocating funds for State grants, to designate up to five percent of them to reimburse: (1) States for carrying out high priority (including national) activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, including any that increase public awareness and education or demonstrate new technologies; and (2) local governments and other persons that use trained and qualified officers and employees, for carrying out such activities and projects in coordination with State motor vehicle safety agencies. (Sec. 403) Converts the current discretionary commercial motor vehicle information system program into mandatory motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support required safety activities. Requires coordination of such systems into a network providing identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. Requires the Secretary to develop data analysis capacity and programs providing the means to perform specified functions. Provides funding for the existing performance and registration information clearinghouse. Authorizes the Secretary to establish a program to improve commercial motor vehicle driver safety. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Authorizes appropriations for FY 1998 through 2000. (Sec. 405) Authorizes the Secretary to make contracts for inspections and investigations. (Sec. 406) Authorizes the Secretary to grant a person or class of persons up to a two-year, renewable exemption from a commercial motor vehicle safety or operators regulation if it would likely achieve a level of safety equal to or greater than the level that would be achieved without such exemption. Authorizes the Secretary to conduct pilot programs to evaluate innovative approaches to motor carrier, vehicle, and driver safety. Allows such a program containing specified elements to include an exemption under this section. (Sec. 407) Repeals the mandate for (thus abolishing) the Commercial Motor Vehicle Safety Regulatory Review Panel. Requires the Secretary to review State laws and regulations on commercial motor vehicle safety. Requires any State that enacts a State law or issues a regulation on commercial motor vehicle safety to submit a copy of it to the Secretary for review immediately after enactment or issuance. Allows enforcement of such law or regulation if the Secretary decides it has the same effect as a regulation prescribed by the Secretary. Prohibits enforcement if the law or regulation is less stringent than a regulation prescribed by the Secretary. (Sec. 408) Repeals certain requirements for: (1) procedures to ensure timely correction of safety violations; and (2) compliance review priority. (Sec. 409) Declares that an individual may operate a commercial motor vehicle only with a valid commercial driver's license (CDL). Requires each CDL issued after January 1, 2000, to include unique identifiers to minimize fraud and duplication. Repeals the Secretary's discretionary authority to make an agreement for the operation of a CDL information system. Requires the Secretary to maintain the system. Requires the system to include information on all fines, penalties, convictions, and failure to appear for a hearing or trial incurred by the operator with respect to operation of a motor vehicle for a period of at least three years beginning on the date of the imposition of such a fine or penalty, or the date of such a conviction or failure to appear. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Repeals current authority (superseded by this title) for grants to States for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing CDLs and complying with State participation requirements. (Sec. 410) Directs the Secretary to make grants to border States, local governments, organizations, and other persons for specified activities designed to improve commercial motor vehicle safety in the vicinity of borders between the United States and Canada and the United States and Mexico. Sets the Federal share of costs for such activities at 80 percent (but only 50 percent for the third year of a grant used to employ additional personnel to enforce commercial motor vehicle safety regulations). (Sec. 411) Directs the Secretary to study and report to Congress on State laws and regulations pertaining to penalties for violation of State commercial motor vehicle weight laws. (Sec. 412) Repeals the mandate and authorization of appropriations to participate in the International Registration Plan and International Fuel Tax Agreement. (Sec. 413) Directs the Secretary to establish a nationwide toll-free telephone system for drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations and any laws or regulations relating to the safe operation of commercial motor vehicles. (Sec. 414) Directs the Secretary to determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin-treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition against operation of such vehicles by such individuals. Requires the Secretary to compile, evaluate, and report to Congress on research and other information on the effects of insulin treated diabetes mellitus on driving performance. (Sec. 415) Requires the Secretary to: (1) review State procedures to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle; and (2) identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. Requires issuance of regulations reflecting the results of such review. (Sec. 416) Requires the Secretary to study and report to Congress on the feasibility of using emergency responders and law enforcement officers to conduct post-accident alcohol testing of commercial motor vehicle operators as a method of obtaining more timely information and reducing the burdens that employers may encounter in meeting current testing requirements. (Sec. 417) Requires the Secretary to encourage the research, development, and demonstration of technologies, identified taking into account specified considerations, that may aid in reducing the fatigue of commercial motor vehicle operators. (Sec. 418) Requires the Secretary to: (1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; (2) periodically update such safety fitness determinations; (3) make such determinations readily available to the public; and (4) prescribe by regulation penalties for violations. Requires the Secretary to maintain by regulation a procedure with specified elements for determining whether an owner or operator is fit to operate safely commercial motor vehicles. Prohibits an owner or operator determined unfit from operating commercial motor vehicles in interstate commerce until the Secretary determines such owner or operator is fit. Requires the Secretary to review, upon request, an unfit owner's or operator's compliance with those requirements with which the owner or operator failed to comply, resulting in the unfitness determination. Prohibits any Federal department, agency, or instrumentality from using an unfit owner or operator to provide any transportation service until the Secretary determines such owner or operator is fit. (Sec. 419) Declares that Federal law governing the transportation of hazardous material does not prohibit a State from providing an exception from requirements relating to placarding, shipping papers, and emergency telephone numbers for the private motor carriage in intrastate transportation of an agricultural production material from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply. Defines agricultural production material as: (1) under 16,094 pounds of ammonium nitrate fertilizer; (2) under 502 gallons (liquid) or 5,070 pounds (solids) of a pesticide; and (3) under 3,500 gallons of a diluted solution of water and pesticides or fertilizer. Title V: Programmatic Reforms and Streamlining - Modifies provisions regarding plans, specifications, and estimates to direct the Secretary to enter into a formal project agreement with each State highway department formalizing the conditions of project approval. Requires such agreement to make provision for State funds required for the State's pro rata share of the cost of construction of the project and for the maintenance of the project after completion of construction. Authorizes the Secretary to discharge to the State any of the Secretary's responsibilities for design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS, with exceptions. Directs: (1) the State to assume such responsibilities for projects that are not on the NHS; and (2) the Secretary and the State to reach agreement as to the extent the State may assume the Secretary's responsibilities for NHS projects, subject to a limitation. (Sec. 502) Directs the Secretary to develop and implement a coordinated environmental review process for highway construction projects that require: (1) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (NEPA), with an exception; or (2) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. Sets forth provisions regarding: (1) a memorandum of understanding between the Department of Transportation (DOT) and all other Federal (and, where appropriate, State) agencies; (2) elements of the coordinated process; (3) dispute resolution; (4) acceptance of project purpose and need; (4) State agency participation; (5) assistance to affected Federal agencies; and (6) judicial review. Directs the Secretary to: (1) establish and implement a State environmental review pilot demonstration program; (2) eliminate the major investment study as a separate requirement and promulgate regulations to integrate such requirement as part of each analysis undertaken pursuant to NEPA for a project receiving assistance with funds made available under this Act; and (3) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan. (Sec. 505) Provides that if at least 50 percent of a State's apportionment under specified Federal-aid highway, and highway bridge replacement and rehabilitation program, funds for a fiscal year, or at least 50 percent of specified allocations of apportioned funds from the State's apportionment may not be transferred to any other apportionment of the State for such fiscal year, then the State may transfer up to 50 percent of such apportionment or set aside to any other State apportionment for that fiscal year. Sets forth provisions regarding the application of this general rule to certain STP set- asides and CMAQ funds. (Sec. 506) Directs the Secretary to: (1) establish criteria for all discretionary programs funded from the HTF which, to the extent practicable, conform to a specified executive order relating to infrastructure investment; and (2) eliminate any required programmatic responsibility for any regional office of DOT carrying out responsibilities of the FHWA regarding any funds made available by this Act. Authorizes the Secretary to retain regional DOT offices carrying out responsibilities of the FHWA for the purpose of providing technical support to States, metropolitan areas, and transit authorities upon request. Title VI: Transportation Research - Subtitle A: Surface Transportation Research, Technology, and Education - Part I: Highway Research - Modifies research and planning provisions. Directs the Secretary to make grants and enter into cooperative agreements and contracts to: (1) continue the monitoring, material-testing, and evaluation of the highway test sections established under the long-term pavement performance program; (2) carry out analyses of the data collected under the program; and (3) prepare the products required to fulfill the original objectives of the program and meet future pavement technology needs. (Sec. 611) Replaces provisions regarding short haul passenger transportation systems with provision for an advanced research program that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. Directs the Secretary to strive to develop partnerships with the public and private sectors. Repeals the strategic highway research program and the applied research and technology program. Modifies: (1) the seismic research program to direct the Secretary to establish a program to study the vulnerability of the Federal-aid highway and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability; and (2) the international highway transportation outreach program to authorize the Secretary to engage in activities to promote U.S highway transportation goods and services internationally, and to gather and disseminate information on foreign transportation markets and industries. Part II: Transportation Education, Professional Training, and Technology Deployment - Directs the Secretary to: (1) develop and implement a national technology deployment initiative to expand adoption by the surface transportation community of innovative technologies to improve the safety, efficiency, reliability, service life, and sustainability of transportation systems and to reduce environmental impact; (2) integrate activities undertaken with DOT efforts to disseminate the results of research sponsored by DOT and to facilitate technology transfer; and (3) give preference to projects that leverage Federal funds with other significant public or private resources. (Sec. 624) Directs the Secretary to make grants to: (1) nonprofit institutions of higher learning to establish and operate one university transportation center in each of the ten U.S. Government regions that comprise the Standard Federal Regional Boundary System, and ten such additional centers to address transportation management and R&D; (2) Marshall University, West Virginia, to establish and operate an Appalachian Transportation Institute; and (3) the University of Minnesota to continue to operate and expand the Intelligent Transportation Systems (ITS) Institute. Part III: Bureau of Transportation Statistics and Miscellaneous Programs - Amends Federal transportation provisions to provide for compilation of statistics on transportation-related variables influencing global competitiveness. Directs the Bureau of Transportation Statistics to review and report to the Secretary on the sources and reliability of the statistics proposed by the heads of the operating administrations of DOT to measure outputs and outcomes, and to undertake such other reviews as may be requested by the Secretary. (Sec. 631) Requires the Director of the Bureau to: (1) ensure that statistics compiled are relevant for transportation decisions by Federal, State, and local governments, transportation-related associations, private businesses, and consumers; (2) establish and maintain an intermodal transportation database and a national transportation library; and (3) develop and maintain geographic databases depicting transportation networks; flows of people, goods, vehicles, and craft over those networks; and social, economic, and environmental conditions affecting or affected by those networks. Authorizes the Secretary to make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities to support the programs and activities of the Bureau. Sets forth provisions regarding: (1) a prohibition of certain disclosures regarding information obtained under the long-term data collection program; and (2) collection of data for non-statistical purposes. Allows funds received by the Bureau from the sale of data products to be credited to the HTF and made available for the purpose of reimbursing the Bureau for such expenses. Authorizes appropriations. (Sec. 632) Directs the Secretary to carry out a transportation technology innovation and demonstration program, as part of which the Secretary shall: (1) conduct research on improved methods of using concrete and asphalt pavement in the construction, reconstruction, and repair of Federal-aid highways, on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation, on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers, and on the use of composite materials for guardrails and bridge decking; (2) expand and continue the study relating to the development of a motor vehicle safety warning system and conduct tests of such system; (3) make grants for research and construction to improve and demonstrate the use of steel bridge construction; (4) continue to support the Urban Consortium's ITS outreach and technology transfer activities; (5) continue development and deployment to metropolitan planning organizations of the Transportation Economic and Land Use System; (6) make grants to Wisconsin to continue specified ITS activities; and (7) carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid in the transportation planning and analysis while making a significant contribution to the ITS program, to be located in the two largest metropolitan areas in Pennsylvania. Subtitle B: Intelligent Transportation Systems - Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the Nation's surface transportation systems. Lists ITS program goals. (Sec. 653) Directs the Secretary to: (1) carry out the ITS program in cooperation with governmental, private, and educational entities, and in consultation with Federal officials; (2) develop, implement, and maintain a national ITS architecture and standards and protocols to promote the widespread use and evaluation of ITS technology as a component of the Nation's surface transportation systems; (3) issue guidelines and requirements for the evaluation of field and related operational tests; (4) establish and maintain a repository for technical and safety data collected as a result of federally sponsored projects and make, upon request, such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (5) ensure that ITS projects carried out using funds made available from the HTF conform to the national ITS architecture and standards and protocols, with an exception; (6) require an analysis of the life-cycle costs of specified projects where the total initial capital costs of ITS operations and maintenance elements exceeds $3 million; and (7) develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for its projects carried out using funds made available from the HTF. (Sec. 654) Directs the Secretary to maintain and update, as necessary, the National ITS Program Plan developed by DOT and the Intelligent Transportation Society of America, and report to the Congress. (Sec. 655) Authorizes the Secretary to: (1) provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, and evaluate ITS technologies and services; funding to support adequate consideration of transportation system management and operations, including ITS, within metropolitan and statewide transportation planning processes; and funding for research and operational tests relating to ITS; and (2) conduct R&D activities for the purpose of demonstrating integrated intelligent vehicle highway, and roadway safety, systems, including state-of-the-art systems and integrating collision avoidance, in-vehicle information, and other safety-related systems. (Sec. 656) Directs the Secretary to conduct a program to promote the deployment of regionally integrated, intermodal intelligent transportation systems and, through financial and technical assistance, assist in the development and implementation of such systems. Lists goals, funding limitations, and priorities for ITS deployment. (Sec. 657) Sets forth provisions regarding funding allocations (for the intelligent transportation infrastructure deployment incentives program, and for ITS research and program support activities), and the Federal share for specified programs. (Sec. 658) Repeals the Intelligent Vehicle-Highway Systems Act of 1991 (Title VI, Part B, of ISTEA). Title VII: Truth in Budgeting - Declares that the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund shall: (1) not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the U.S. Government. (Sec. 701) Amends the Internal Revenue Code to state that the amount of interest credited to any of such trust funds for any fiscal year shall not exceed the amount of interest which would be credited to the fund if it were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year. (Sec. 702) Amends Federal transportation law to require the Secretary of Transportation to estimate annually the net aviation receipts and the unfunded aviation authorizations at the close of the following fiscal year. Requires adjustments to the amount authorized to be appropriated from the Airport and Airway Trust Fund for such fiscal year so that the estimated unfunded aviation authorization will neither exceed nor be less than the estimated net aviation receipts. (Sec. 703) Requires the Secretary of the Army to estimate annually the net inland waterways and net harbor maintenance receipts, and the unfunded inland waterways and unfunded harbor maintenance authorizations at the close of the following fiscal year. Requires adjustments to the amounts authorized to be appropriated from the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund for such fiscal year so that the estimated unfunded authorizations will neither exceed nor be less than the estimated net receipts.
Bill· HRH.R. 2407 (105th)referred
United States · United States Congress · 4 September 1997
Office of National Drug Control Policy Reauthorization Act of 1997 - Amends the National Narcotics Leadership Act of 1988 (the Act) to revise definitions, including by: (1) including within the definition of "demand reduction" activities to reduce the underage use of tobacco or alcoholic beverages; and (2) defining "intergovernmental relations" as domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of drugs. Modifies provisions of the Act regarding establishment of the Office of National Drug Control Policy (the Office) to: (1) set forth the responsibilities of such Office (to develop national drug control policy, coordinate and oversee its implementation, assess and certify the adequacy of national drug control programs and budgets, and evaluate their effectiveness); and (2) provide for Deputy Directors of National Drug Control Policy, for International Drug Policy, and for Intergovernmental Relations. Establishes in the Treasury a fund for the receipt of gifts to aid or facilitate the work of the Office. Prohibits Federal officers in the Office from participating in Federal election campaign activities, except for making contributions to individual campaigns. Sets forth or modifies provisions regarding the responsibilities of national drug control program agencies, the drug certification process, and coordination with executive branch departments and agencies in supply and demand reduction and intergovernmental relations. Amends provisions regarding the National Drug Control Strategy to require: (1) the President to submit to the Congress by February 1, 1997, a Strategy which sets forth a comprehensive ten-year plan for reducing drug abuse and its consequences in the United States by limiting the availability of and reducing the demand for illegal drugs and the first of annual reports on progress in implementing the Strategy; and (2) the Director of National Drug Control Policy to include with the annual Strategy Report a description of the national drug control performance measurement system. Establishes in the Office a High Intensity Drug Trafficking Areas Program. Amends provisions regarding the Counter-Drug Technology Assessment Center to have it headed by a Director of Technology and to specify duties of such Director, such as identifying demand reduction basic and applied research needs and initiatives. Requires the Departments of Defense and Health and Human Services to render assistance and support to the Office and its Director in the conduct of counter-drug technology assessment. Terminates the Office on September 30, 2009. Authorizes appropriations.
Bill· HRH.R. 2397 (105th)referred
United States · United States Congress · 4 September 1997
Makes veterans who have been awarded the Purple Heart eligible for veterans' hospital care and medical services. Provides such veterans with a priority in the veterans' system of annual patient enrollment.
Bill· HRH.R. 2386 (105th)open
United States · United States Congress · 3 September 1997
United States-Taiwan Anti-Ballistic Missile Defense Cooperation Act - Amends the Taiwan Relations Act to provide that its provisions respecting defense articles and services, and the determination of Taiwan's defense needs, supersede any provision of the Joint Communique of the United States and China of August 17, 1982. Directs the Secretary of Defense to study and report to the Congress on: (1) the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region capable of protecting Taiwan from ballistic missile attacks; and (2) cooperative United States measures which would provide Taiwan with an advanced local-area ballistic missile defense system. Expresses the sense of the Congress that the President, upon the request of the Taiwan Government, and in accordance with such study results, should transfer to the Taiwan Government defense articles or services under the foreign military sales program of the Arms Export Control Act for the purpose of establishing and operating a local-area ballistic missile defense system to protect Taiwan and specified islands against limited ballistic missile attacks. Declares that it is in the U.S. national interest that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability with friendly and allied nations in the Asia-Pacific region.
Bill· HRH.R. 2382 (105th)referred
United States · United States Congress · 3 September 1997
Highways and National Defense Investment Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to adjust discretionary spending limits for FY 1998 and 1999 by reducing allowable outlays for the defense category and increasing those for the nondefense category.
Record· NominationPN554 (105th)open
United States · United States Senate · 2 September 1997
Record· NominationPN513 (105th)open
United States · United States Senate · 31 July 1997
Bill· SS. 1124 (105th)open
United States · United States Congress · 31 July 1997
Workplace Religious Freedom Act of 1997 - Amends the Civil Rights Act of 1964 to modify the definition of "religion" to include all aspects of religious observance, practice, and belief unless, after initiating and engaging in an affirmative and bona fide effort, an employer demonstrates that it is unable to reasonably accommodate a religious observance or practice without undue hardship (action requiring significant difficulty or expense) on the conduct of the employer's business. Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee.
Resolution· SRESS.Res. 114 (105th)referred
United States · United States Congress · 31 July 1997
Declares that: (1) the transfer of Hong Kong to the People's Republic of China (PRC) does not alter the current and future status of Taiwan; (2) the future of Taiwan should be determined by peaceful means through a democratic process in accordance with the principle of self-determination; and (3) the United States should assist in the defense of Taiwan in case of threats or military attack by the PRC.
Bill· HRH.R. 2331 (105th)open
United States · United States Congress · 31 July 1997
Prohibits civilian employees of the National Guard from being required to wear military uniforms while performing civilian service.
Law· HRH.R. 2367 (105th)enacted
United States · United States Congress · 31 July 1997
Veterans' Compensation Cost-of-Living Adjustment Act of 1997 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1997, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Requires the Secretary to publish such increases in the Federal Register at the same time that the social security increases are required to be published.
Bill· HRH.R. 2329 (105th)open
United States · United States Congress · 31 July 1997
National Dividend Act of 1997 - Establishes a program for the distribution of certain corporate tax revenues, through the chief financial officer of each State, to the registered voters of each State in the form of dividend payments. Establishes in the Treasury the National Dividend Payment Trust Fund. Authorizes payment into the Fund of specified amounts from: (1) the corporate income tax; (2) the tax on the unrelated business income of certain tax-exempt organizations; (3) the capital gains tax; (4) the tax on insurance company income; and (5) the alternative minimum tax on corporations. Establishes a National Dividend Review Board to review the manner in which payments are made from the Fund and to invest Fund amounts. Amends the Internal Revenue Code to exclude from gross income all dividend income received by a taxpayer from domestic corporations, including dividends received under this Act. Increases the corporate income tax deduction for dividends received by a corporation on the preferred stock of a public utility. Prohibits corporate income tax rates from exceeding 34 percent. Amends the Congressional Budget and Impoundment Control Act of 1974 to declare it out of order in either the House of Representatives or the Senate to consider budget resolutions for FY 1999 and thereafter that would increase the level of total budget outlays beyond those budgeted for FY 1998. Requires a two-thirds vote of each House of the Congress to increase the internal revenue, except if there is a: (1) declaration of war; or (2) military conflict causing an imminent and serious threat to national security and a joint resolution declaring so has been adopted.
Bill· HRH.R. 2364 (105th)referred
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Defense Title II: Other Discretionary Accounts Title III: Entitlements Title I: Defense - Directs the Secretary of Defense to reduce: (1) by FY 2003 the Department of Defense (DOD) strategic nuclear force to include a maximum of 300 Minuteman III intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System. (Sec. 102) Prohibits funds from being appropriated to DOD for fiscal years after 1997 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary to retire eight Trident I submarines during FY 2000 through 2003. (Sec. 103) Prohibits funds from being appropriated to DOD for fiscal years after 1997 for: (1) assistance to Israel for development of the Arrow missile; and (2) research, development, test, and evaluation or for procurement for the Marine Corps V-22 Osprey aircraft program. (Sec. 105) Requires the Secretary to retire 20 Air Force KC-135E aircraft during each of FY 1998 through 2002. (Sec. 106) Directs the Secretary to assign to a unit of the armed forces members who are: (1) in transit during a scheduled move from one military installation to another; and (2) undergoing military training other than basic training. (Sec. 107) Requires the Secretary to increase the surcharge on sale prices of goods and services sold in commissary stores so that commissary prices are increased by at least ten percent. (Sec. 108) Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor represent unfunded estimated costs of civilian retirement and other benefits. Title II: Other Discretionary Accounts - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs. (Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction of such obligations. Provides for loan origination fees from borrowers of loans made under such Act. Eliminates references to existing interest rates under such Act. (Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands. (Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program. (Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program. (Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility. (Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1997. (Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1997. Title III: Entitlements - Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1997, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power. Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1997. Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years. (Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program. (Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers. (Sec. 304) Amends the Higher Education Act of 1965 to provide for the payment of in-school interest by certain student loan borrowers. (Sec. 305) Amends Federal veterans' provisions to increase from $2 to $5 the prescription drug copayment required from certain veterans. Extends such requirement through FY 2002.
Bill· HRH.R. 2338 (105th)referred
United States · United States Congress · 31 July 1997
Allows the Secretary of Veterans Affairs to assign a Department of Veterans Affairs health-care professional to a Department health-care facility only in those States in which such individual is licensed to practice. Requires that, when an individual dies in a Department facility, the Secretary shall follow that State's requirements concerning the filing of death certificates.
Bill· HRH.R. 2317 (105th)referred
United States · United States Congress · 31 July 1997
Makes permanent (currently terminates September 30, 1997) a program under which the Secretary of Veterans Affairs is authorized to make direct housing loans to Native American veterans.
Bill· HRH.R. 2346 (105th)referred
United States · United States Congress · 31 July 1997
Veterans' Memorials Protection Act of 1997 - Amends the Federal criminal code to impose penalties upon individuals who, in circumstances affecting interstate or foreign commerce, willfully injure or commit any degradation against any structure on public property commemorating the service of U.S. military personnel.
Bill· SS. 1083 (105th)referred
United States · United States Congress · 29 July 1997
TABLE OF CONTENTS: Title I: National Security Title II: Human Rights Title III: Trade Title IV: Review of Policy United States-People's Republic of China National Security and Freedom Protection Act of 1997 - Title I: National Security - Sets forth the findings of Congress about: (1) the threat to U.S. global interests from the weapons proliferation practices of the People's Liberation Army (PLA), including sale of C-802 cruise missiles to Iran; (2) the U.S. national security interest in Taiwan; and (3) the subsidization of PLA commercial activities by the People's Republic of China (PRC). (Sec. 102) Prohibits commercial activities in the United States by the PLA or any other Communist Chinese military company (CCMC). Directs the Secretary of Defense to compile and publish in the Federal Register a list of Communist Chinese military operating directly or indirectly in the United States or its territories and possessions. Grants the President authority under the International Emergency Economic Powers Act to ban such activities. Directs the President to ban: (1) the importation of any product produced, manufactured, or grown by the PLA or by a CCMC; and (2) the sale of any debt on the U.S. bond market which benefits the PLA or a CCMC. (Sec. 103) Requires annual reports to the Congress: (1) jointly by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation on PRC intelligence activities directed against or affecting U.S. interests; and (2) by the Secretary of Defense on PLA military modernization and on PLA or other CCMC commercial activities. (Sec. 104) Amends the Taiwan Relations Act to declare that its provisions on making U.S. defense articles and services available to Taiwan shall supersede the Joint Communique of the United States and China of August 17, 1982. Directs the Secretary of Defense to study jointly with appropriate representatives of the Government of Taiwan, and report to specified congressional committees on, the architecture requirements for the establishment and operation of a theater ballistic missile defense system for Taiwan, including the Penghu Islands, Kinmen, and Matsu. Expresses the sense of Congress that the President, if requested by the Government of Taiwan, and in accordance with the results of such study, should sell to Taiwan appropriate defense articles, defense services, or design and construction services for the purpose of establishing, deploying, and operating such a defensive theater ballistic missile defense system. Declares that it is in the U.S. national interest that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability among East Asian nations. (Sec. 105) Urges the President to enforce the Iran-Iraq Arms Nonproliferation Act of 1992 with respect to the acquisition by Iran of C-802 model cruise missiles. Title II: Human Rights - Sets forth the findings of Congress on: (1) human rights in the PRC, particularly the treatment of pro-democracy and human rights activists; (2) coercive family planning practices, especially forced abortion and forced sterilization; (3) religious persecution in the PRC; (4) slave labor and "re-education camps" in the PRC; and (5) the need for international broadcasting into the PRC. (Sec. 202) Authorizes appropriations for international broadcasting to China by Radio Free Asia and Voice of America. Requires the President to report to the Congress on a plan to achieve their continuous broadcasting to the PRC in multiple major dialects and languages. (Sec. 203) Declares that it is the sense of Congress that the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to the PRC. Urges the Department of State: (1) to raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds; and (2) in its communications with the Chinese Government name specific individuals of concern and request a complete and timely response from the Chinese Government regarding their whereabouts and condition, the charges against them, and the sentence imposed. Declares that the goal of such communications should be the expeditious release of all religious prisoners in China and Tibet and the end of the Chinese Government's policy and practice of harassing and repressing religious believers. Prohibits the use of funds appropriated or otherwise made available for the Department of State, the U.S. Information Agency, or the U.S. Agency for International Development to provide travel expenses and per diem for the participation in conferences, exchanges, programs, and activities of a PRC national directly involved in or responsible for repressive religious policies and practices. Requires each Federal agency to certify to specified congressional committees that it did not pay, directly or through a grantee or contractor, for such travel expenses or per diem. Makes ineligible for a visa, and excludes from admission into the United States, any PRC national directly involved in or responsible for repressive religious policies and practices. (Sec. 204) Declares that it is U.S. policy to condemn those officials of the Chinese Communist Party, the Government of the PRC, and other persons involved in the enforcement of forced abortions, by preventing such persons from entering or remaining in the United States. Prohibits the Secretary of State from issuing a visa, and the Attorney General from admitting into the United States, any PRC national who the Secretary finds, based on credible information, has been involved in the establishment or enforcement of population control policies resulting in a woman's being forced to undergo an abortion against her free choice, or in a man's or woman's being forced to undergo sterilization against his or her free choice. Allows the President to waive this prohibition in order to carry on the normal course of foreign policy. (Sec. 205) Authorizes appropriations for monitoring by the U.S. Customs Service and the Department of State of the exportation by the PRC to the United States of products which may be made with slave labor. Requires the Commissioner of Customs and the Secretary of State each to report annually to the Congress on the manufacturing and exportation of products made with slave labor in the PRC. Declares the sense of Congress that, since the PRC has substantially frustrated the purposes of the 1992 Memorandum of Understanding with the United States on Prison Labor, the President should immediately commence negotiations to replace the current Memorandum with one providing for effective monitoring of forced labor in the PRC, without restrictions on which prison labor camps international monitors may visit. (Sec. 206) Authorizes appropriations to support U.S. Embassy personnel in Beijing, as well as American consulates in other specified Chinese cities, to monitor political repression in the PRC and the use of the Laogai system of forced labor and re-education as tools of political repression. Title III: Trade - Declares the findings of Congress with respect to U.S. interests and Taiwan's and the PRC's admission into the World Trade Organization (WTO). (Sec. 302) Declares that it is the policy of Congress that the United States should aggressively support the PRC's accession to the WTO under commercially viable terms. (Sec. 303) Expresses the sense of Congress that: (1) Taiwan should be admitted to the WTO as a separate customs territory without making such admission conditional on the previous or simultaneous admission of the PRC, whether as a developing or a developed nation; and (2) it should be U.S. policy to support such unconditional admission. Title IV: Review of Policy - Directs the Chairmen and Ranking Members of specified congressional committees to review this Act at the President's request or upon any of the following conditions' being met: (1) the PRC's entry into the WTO; (2) its full implementation and compliance with bilateral and international nonproliferation agreements and standards; (3) its active and effective combatting of all forms of religious persecution; (4) its reevaluation of its official view of the Tiananmen Square Massacre of June 4, 1989, consistent with the findings of this Act; and (5) publication of a defense white paper providing a comprehensive description and transparency of the PLA's modernization program roles and missions.
Bill· HRH.R. 2286 (105th)referred
United States · United States Congress · 29 July 1997
Increases from $400 to $800 the special monthly pension payable to Medal of Honor recipients.
Bill· SJRESS.J.Res. 36 (105th)referred
United States · United States Congress · 28 July 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
Bill· HRH.R. 2279 (105th)open
United States · United States Congress · 28 July 1997
Prohibits the head of a defense agency from obligating funds to pay a defense contractor for a single individual's compensation costs to the extent that the total compensation paid in a fiscal year to such individual exceeds $250,000.
Resolution· HRESH.Res. 198 (105th)passed
United States · United States Congress · 28 July 1997
Sets forth the rule (open) for the consideration of H.R. 2266 (Department of Defense appropriations).
Law· HRH.R. 2267 (105th)referred
United States · United States Congress · 25 July 1997
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies. Title I: Department of Justice - Makes appropriations for the Department of Justice for: (1) general administration; (2) counterterrorism activities; (3) administration of pardon and clemency petitions and immigration-related activities; (4) specified violent crime reduction programs; (5) the Office of Inspector General; (6) the U.S. Parole Commission; (7) legal activities; (8) deportation of certain denied asylum applicants; (9) antitrust activities; (10) the Office of U.S. Attorneys; (11) the U.S. Trustee Program; (12) the Foreign Claims Settlement Commission; (13) the U.S. Marshals Service; (14) fees and expenses of witnesses; (15) the Community Relations Service; (16) certain uses of the Assets Forfeiture Fund; (17) administrative expenses related to the Radiation Exposure Compensation Act; (18) the Radiation Exposure Compensation Trust Fund; (19) interagency law enforcement with respect to organized crime drug trafficking; (20) the Federal Bureau of Investigation; (21) the Telecommunications Carrier Compliance Fund; (22) construction for specified agencies; (23) the Drug Enforcement Administration; (24) the Immigration and Naturalization Service; (25) the Federal prison system, including amounts for substance abuse treatment in Federal prisons and for buildings and facilities; (26) Office of Justice programs; (27) State and local law enforcement assistance; (28) the Executive Office for Weed and Seed; (29) juvenile justice programs; and (30) public safety officers' benefits. Sets forth authorized uses of, and limitations on, such funds. (Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion. (Sec. 109) Amends the Victims of Crime Act of 1984 to eliminate provisions that make the Crime Victims Fund available for judicial branch administrative costs. Authorizes the use of unobligated sums for such costs by the Director of the Office for Victims of Crime to improve services for the benefit of crime victims. Title II: Department of Commerce and Related Agencies - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) export administration and national security activities; (4) the Economic Development Administration; (5) minority business development; (6) economic and statistical analysis programs; (7) the Census Bureau; (8) the National Telecommunications and Information Administration; (9) public broadcasting facilities, planning, and construction grants; (10) information infrastructure grants; (11) the Patent and Trademark Office; (12) the Under Secretary for Technology-Office of Technology Policy; (13) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership; (14) the National Oceanic and Atmospheric Administration (NOAA), including amounts for capital assets acquisition; (15) the Coastal Zone Management Fund; (16) the Fishermen's Contingency Fund; (17) the Foreign Fishing Observer Fund; (18) the fisheries finance program account; (19) general administration; and (20) the Office of Inspector General. Sets forth authorized uses of, and limitations on, such funds. Bars the use of funds appropriated for the decennial census for any activities related to sampling or other statistical procedures to make determinations of the population for purposes of the apportionment of Representatives. Makes additional funds available to conduct the census only upon the enactment of a law authorizing the methods by which the census shall be conducted in the year 2000 for purposes of apportionment. Rescinds a specified amount of funds for NOAA operations, research, and facilities. Title III: The Judiciary - Makes appropriations for: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) violent crime reduction programs; (6) defender services; (7) fees of jurors and commissioners; (8) court security; (9) the Administrative Office of the U.S. Courts; (10) the Federal Judicial Center; (11) the Judicial Officers' Retirement Fund; and (12) the U.S. Sentencing Commission. Sets forth authorized uses of, and limitations on, such funds. Title IV: Department of State and Related Agencies -Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the Asia Foundation; and (14) the Arms Control and Disarmament Agency. Appropriates funds for the U.S. Information Agency for: (1) international information programs; (2) information technology improvements; (3) educational and cultural exchanges; (4) the Eisenhower Exchange Fellowships, Incorporated; (5) the Israeli Arab Scholarship Program; (6) international broadcasting; (7) radio construction; and (8) the National Endowment for Democracy. Sets forth authorized uses of, and limitations on, such funds. (Sec. 403) Transfers specified funds for purposes of implementing the International Cooperative Administrative Support Services program. Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for operating-differential subsidies, maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Immigration Reform; (5) Commission on Security and Cooperation in Europe; (6) Equal Employment Opportunity Commission (EEOC); (7) Federal Communications Commission; (8) Federal Maritime Commission; (9) Federal Trade Commission; (10) Legal Services Corporation; (11) Marine Mammal Commission; (12) Securities and Exchange Commission; (13) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and the surety bond guarantees revolving fund; and (14) State Justice Institute. Sets forth authorized uses of, and limitations on, such funds. Title VI: General Provisions - Sets forth limitations on the use of funds under this Act. (Sec. 607) Sets forth Buy American provisions. (Sec. 608) Prohibits the use of funds made available in this Act to enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993. (Sec. 609) Prohibits funds appropriated by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding recovery of American remains, accounting for prisoners-of-war and individuals missing in action, and investigations in Laos. (Sec. 610) Prohibits the use of funds made available by this Act for any United Nations undertaking if: (1) such undertaking is a peacekeeping mission and will involve U.S. armed forces under the command of a foreign national; and (2) the President's military advisors have not submitted a recommendation that such involvement is in the national security interest and the President has not submitted such recommendation to the Congress. (Sec. 611) Prohibits the use of funds made available in this Act to provide specified personal comforts in the Federal prison system. (Sec. 616) Provides for reimbursement of legal expenses incurred by Members of Congress and individuals paid by the Clerk of the House of Representatives or the Secretary of the Senate in connection with Department of Justice prosecution related to performance of official duties if such Members or individuals are acquitted of charges, the charges are dismissed, or convictions are reversed on appeal.
Law· HRH.R. 2264 (105th)enacted
United States · United States Congress · 25 July 1997
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 1998 - Makes appropriations for the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration for salaries and expenses and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; and (15) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1998 - Makes appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) the Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Rescinds FY 1998 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 211) Authorizes the Secretary of Health and Human Services to provide for the relocation of the Gillis W. Long Hansen's Disease Center in Carville, Louisiana. Sets forth administrative provisions with respect to relocation of patients and separation of employees. (Sec. 212) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities. Title III: Department of Education - Department of Education Appropriations Act, 1998 - Makes appropriations for the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) literacy; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities; (11) vocational and adult education; (12) student financial assistance; (13) the Federal family education loan program account; (14) higher education; (15) Howard University; (16) college housing and academic facilities loans program; (17) the historically black college and university capital financing program account; (18) education research, statistics, and improvement; (19) libraries; (20) departmental management; (21) the Office for Civil Rights; and (22) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Requires the Secretary of Education, from funds appropriated under the Fund for the Improvement of Education, to make an award to the National Academy of Sciences to evaluate and report to specified congressional committees on certain items related to the Clinton Administration's proposed national tests in fourth grade reading and eighth grade math. Prohibits the Department of Education from administering any final version of such tests until such report is completed. Title IV: Related Agencies - Makes appropriations for the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 508) Prohibits the expenditure of funds appropriated under this Act for an abortion except when made known to the Federal entity to which funds are appropriated that such procedure is necessary to save the life of the mother or that the pregnancy is the result of rape or incest. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Amends the Social Security Act to increase fees required from States for Federal administration of State supplementary payments under the SSI program. Provides for the deposit of a portion of such fees into a special fund and authorizes appropriations from the fund for administrative expenses of the SSI program. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend certain voluntary separation incentive payments to Federal employees who separate before December 31, 1997 (currently, September 30, 1997).
Law· HRH.R. 2266 (105th)open
United States · United States Congress · 25 July 1997
TABLE OF CONTENTS: Title I: Military Personnel Title II: Operation and Maintenance Title III: Procurement Title IV: Research, Development, Test, and Evaluation Title V: Revolving and Management Funds Title VI: Other Department of Defense Programs Title VII: Related Agencies Title VIII: General Provisions Department of Defense Appropriations Act, 1998 - Title I: Military Personnel - Appropriates funds for FY 1998 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1998 for the operation and maintenance of the Army, Navy, and Air Force (including a transfer of funds in each case), the Marine Corps, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) the Overseas Contingency Operations Transfer Fund (including a transfer of funds); (2) the U.S. Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide (including a transfer of funds in each case); (4) environmental restoration at formerly used defense sites (including a transfer of funds); (5) overseas humanitarian, disaster, and civic aid programs; and (6) former Soviet Union threat reduction. Title III: Procurement - Appropriates funds for FY 1998 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for defense-wide procurement and for National Guard and reserve equipment. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1998 for research, development, test, and evaluation by the armed forces and defense agencies. Appropriates funds for the Directors of Test and Evaluation and Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds; and (2) programs under the National Defense Sealift Fund. Title VI: Other Department of Defense Programs - Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) the Office of the Inspector General. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund). Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds. (Sec. 8008) Authorizes appropriated procurement funds to be used for multiyear procurement contracts for Family of Medium Tactical Vehicles. (Sec. 8010) Prohibits during FY 1998 the management by end strengths of DOD civilian personnel. (Sec. 8018) Authorizes the Secretary of Defense to establish with host governments of NATO-member countries an account for the deposit of residual value amounts negotiated in the return of U.S. military installations to such countries. (Sec. 8029) Authorizes DOD to incur obligations of up to $350 million for DOD personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait. (Sec. 8031) Directs the Secretary to reduce by $55 million the total amounts appropriated in titles II through IV to reflect savings from the DOD use of defense federally funded research and development centers (FFRDCs). Reduces by $86.3 million the total amounts appropriated in title II to reflect savings from the decreased use of non-FFRDC consulting services. (Sec. 8032) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating. Requires the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1998. (Sec. 8045) Prohibits the use of funds for the modification of an aircraft, weapon, ship, or other equipment that the military department concerned plans to retire or otherwise dispose of within five years after completion of the modification. (Sec. 8050) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements or to hire additional personnel for such agencies, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea unless specifically appropriated; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 1997, level. (Sec. 8055) Rescinds specified funds from various accounts under prior defense appropriations Acts. (Sec. 8071) Directs the Secretary to report quarterly to specified congressional committees on all costs incurred by DOD during the preceding quarter in implementing or supporting United Nations (UN) resolutions. (Sec. 8072) Prohibits the use of FY 1997 funds to transfer to another nation or international organization any defense articles or services (other than intelligence services) for use in international peacekeeping or peace enforcement activities. (Sec. 8078) Directs the Secretary to make specified transfers between various DOD appropriation accounts. (Sec. 8079) Directs the Under Secretary of Defense (Comptroller) to submit to the defense committees a report identifying any activity for which the FY 1999 budget request was reduced because the Congress appropriated funds above the President's budget request for that activity for FY 1998. (Sec. 8080) Prohibits DOD funds from being obligated or expended to reimburse a defense contractor for restructuring costs associated with a business combination unless certain savings are realized by DOD as a result of such restructuring. Requires a related report from the Comptroller General. (Sec. 8082) Authorizes the Chief of the National Guard Bureau to permit the use of equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis. (Sec. 8093) Reduces by specified amounts the total amount appropriated in this Act to reflect savings due to: (1) excess inventory; (2) shared cleanup costs; and (3) the repeal of provisions requiring certain defense contractor guarantees with respect to major weapon systems. (Sec. 8098) Directs the Secretary to submit to specified congressional committees: (1) an aviation safety plan of navigational safety upgrades for all DOD aircraft, along with funding requirements; and (2) a report on alternatives for current theater combat simulations. (Sec. 8101) Requires each annual Federal budget beginning with FY 1999 to include budget activity groups which separately identify all DOD costs incurred to support NATO expansion. (Sec. 8102) Prohibits DOD funds for any fiscal year from being obligated for the deployment of U.S. troops in Bosnia and Herzegovina after: (1) June 30, 1998; or (2) such later date as specifically prescribed by law. Provides exceptions. Prohibits any such funds from being used for the conduct or support of law enforcement activities in such areas, except for the training of law enforcement personnel or to prevent imminent loss of life. Directs the President to report to the Congress on the political and military conditions in such countries.
Resolution· HCONRESH.Con.Res. 126 (105th)referred
United States · United States Congress · 25 July 1997
Calls upon the Government of Japan to: (1) formally issue an apology for the war crimes committed by the Japanese military during World War II; and (2) pay reparations to the victims.
Bill· SS. 1061 (105th)open
United States · United States Congress · 24 July 1997
TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 1998 - Makes appropriations for the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration for salaries and expenses and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; and (15) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1998 - Makes appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Rescinds FY 1998 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title III: Department of Education - Department of Education Appropriations Act, 1998 - Makes appropriations for the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities; (10) vocational and adult education; (11) student financial assistance; (12) the Federal family education loan program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically black college and university capital financing program account; (17) education research, statistics, and improvement; (18) a child literacy initiative; (19) the Institute of Museum and Library Services; (20) departmental management; (21) the Office for Civil Rights; and (22) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. Title IV: Related Agencies - Makes appropriations for the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 508) Prohibits the expenditure of funds appropriated under this Act for an abortion except when made known to the Federal entity to which funds are appropriated that such procedure is necessary to save the life of the mother or that the pregnancy is the result of rape or incest. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Amends the Social Security Act to increase fees required from States for Federal administration of State supplementary payments under the SSI program. Provides for the deposit of a portion of such fees into a special fund and authorizes appropriations from the fund for administrative expenses of the SSI program. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend certain voluntary separation incentive payments to Federal employees who separate before December 31, 1997 (currently, September 30, 1997). (Sec. 516) Cancels a specified amount of budgetary resources available to agencies funded in this Act for salaries and expenses during FY 1998, to be allocated by the Office of Management and Budget. Makes this provision inapplicable to the Food and Drug Administration and the Indian Health Service.
Bill· SS. 1067 (105th)referred
United States · United States Congress · 24 July 1997
Code of Conduct on Arms Transfers Act of 1997 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.
Bill· HRH.R. 2253 (105th)referred
United States · United States Congress · 24 July 1997
Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service (under current law the program authorizing such counseling expires in 1998). Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional (currently, the Secretary) to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications; and (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department.
Bill· HRH.R. 2224 (105th)open
United States · United States Congress · 23 July 1997
Disabled Veteran's Access Act of 1997 - Provides military commissary and exchange privileges to veterans with service-connected disabilities, as well as their dependents, on the same basis as provided for members of the armed forces entitled to retired pay.