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Bill· HRH.R. 1404 (105th)referred
United States · United States Congress · 17 April 1997
Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction. Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law. Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that each Federal agency: (1) collects and catalogs available information that would assist in assessing whether any bill, joint resolution, amendment, or conference report provision would reduce environmental protection; (2) facilitates the availability of such information for Congress' use; and (3) makes such information readily available to the Comptroller General for purposes of fulfilling the assessment and consultation duties described above. Requires such information to be made publicly available. Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House. Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions.
Bill· HRH.R. 1370 (105th)open
United States · United States Congress · 17 April 1997
Amends the Export-Import Bank Act of 1945 to extend the authority of the Export-Import Bank of the United States through FY 2001. Reauthorizes the Bank's tied aid credit program. Extends, through FY 2001, the Bank's authority to extend credit for the sale to a foreign country of nonlethal defense articles or services the primary end use of which will be for civilian purposes.
Bill· HRH.R. 1362 (105th)open
United States · United States Congress · 17 April 1997
Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA facilities. Provides for: (1) the waiver of certain Medicare requirements in order to carry out the project; and (2) selection of participating VA facilities (requires the VA Secretary to designate up to three geographic service areas from which such facilities are to be selected and to establish a selection plan). Requires at least one facility selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility were not a Federal facility, were participating in the project, and imposed charges for such services. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million. Requires reductions in such payments when the amount of actual VA medical expenditures for targeted veterans is less than the amount of the maintenance of effort level (as defined under this Act) for such fiscal year. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual audits by the Comptroller General. Requires: (1) an independent entity to undertake an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion. Directs the Secretaries to submit to the appropriate congressional committees a report on the feasibility and advisability of establishing a new demonstration project to reimburse the VA Secretary for health care services furnished to targeted Medicare-eligible veterans enrolled in managed health care plans established by such Secretary.
Bill· HRH.R. 1399 (105th)referred
United States · United States Congress · 17 April 1997
Veterans Cold Weather Injury Compensation Act - Directs the Secretary of Veterans Affairs to establish and maintain a registry of veterans who, while in active military service, were exposed for a significant period of time to sustained periods of extremely cold weather (15 days or more of average temperatures of 32 degrees or lower). Requires such registry to be used to determine the association, if any, between the disabilities of such veterans and the exposure to such weather. Presumes cold-weather injuries in such veterans to be service-connected and therefore compensable through veterans' disability compensation. Directs the Secretary, within 90 days, to prescribe initial regulations on injuries determined to have a positive association with sustained exposure to cold weather.
Resolution· HCONRESH.Con.Res. 64 (105th)referred
United States · United States Congress · 17 April 1997
Commends the service and sacrifices of the members of the armed forces and civilian personnel of the Government who contributed to the historic victory in the Cold War.
Bill· HRH.R. 1356 (105th)open
United States · United States Congress · 16 April 1997
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical and dental care comparable to that offered under CHAMPUS. Includes as an eligible covered beneficiary any member or former member of the armed forces, and any dependent of such member, who: (1) is not guaranteed access under CHAMPUS or TRICARE Standard (a Department of Defense managed care program) to health and dental care comparable to the highest level provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of geographical inaccessibility, enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) enrollment contributions; (2) participation management by the Director of the Office of Personnel Management (OPM); and (3) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Requires the health and dental care benefits provided under CHAMPUS and TRICARE Standard, as well as the rates prescribed for the reimbursement of providers under such programs, to be comparable to the highest level of benefits provided under the FEHB. Requires the Secretary to begin offering the health benefits option of this Act no later than November 1, 1997.
Bill· HRH.R. 1348 (105th)referred
United States · United States Congress · 16 April 1997
Expanded War Crimes Act of 1997 - Amends the Federal criminal code to apply the criminal penalties prescribed for a grave breach of the Geneva Convention, inside or outside the United States, by a U.S. national or member of the armed forces to additional war crimes defined to include conduct: (1) prohibited by Articles 23, 25, 17, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed October 18, 1907; (2) which constitutes a violation of common Article 3 of the conventions and which deals with non-international armed conflict; or (3) of a person who willfully kills or causes serious injury to civilians in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on May 3, 1996, when the United States is a party to such Protocol.
Bill· HRH.R. 1357 (105th)referred
United States · United States Congress · 16 April 1997
Medicare Subvention Fairness Act - Requires the Secretary of Defense (Secretary) and the Secretary of Health and Human Services (HHS Secretary) to enter into an agreement to carry out a demonstration project under which the HHS Secretary reimburses the Secretary on a capitated basis, from the Medicare Program under title XVIII of the Social Security Act, for certain health care services provided by the Secretary to Medicare-eligible military beneficiaries through the TRICARE Program (a managed health care program of the Department of Defense). Outlines project requirements. Requires annual joint reports from the Secretaries to the Congress on the demonstration project. Directs the Comptroller General, at the end of each year in which the project is carried out, to determine and submit to the Congress a report on the extent, if any, to which the costs of the Secretary under the TRICARE Program and the HHS Secretary under the Medicare Program have increased as a result of the project.
Bill· SS. 580 (105th)referred
United States · United States Congress · 15 April 1997
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
Bill· HRH.R. 1339 (105th)open
United States · United States Congress · 15 April 1997
Requires the Secretary of Defense, before commencing any study or entering into any arrangement with respect to the provision at a military installation of elementary or secondary education for dependents of military personnel and civilian employees of the Department of Defense, to notify the appropriate congressional representatives, local education agency, and education department of the State, territory, or possession in which the military installation is located of the reasons why the Secretary considers such study or arrangement to be necessary.
Bill· HRH.R. 1322 (105th)open
United States · United States Congress · 15 April 1997
Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government. Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights. (Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case. Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request. Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process. Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act.
Bill· HRH.R. 1319 (105th)open
United States · United States Congress · 14 April 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce Title III: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Replaces the Department of Commerce (DOC) with the Commerce Programs Resolution Agency (CPRA), which is limited to three years to wind up and terminate the functions and obligations of the DOC before the CPRA itself is abolished. Directs the Comptroller General to report on the most efficient means of abolishing the DOC, and transferring or terminating its functions. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations, liabilities, and related rights owned by DOC under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all DOC grants made under such Act in FY 1995. (Sec. 202) Transfers all export control functions of the DOC under the Export Administration Act of 1979 to the Secretary of State, the President, the Secretary of the Treasury, and the Attorney General. Authorizes transfer of a limited number of specified DOC special agents to the Customs Service. Abolishes the Office of Foreign Availability and the Office of the Under Secretary of Commerce for Export Administration, and provides for the appointment of an Industries Board to advise the Secretary of State. (Sec. 203) Transfers specified national security functions: (1) granted by the Trade Expansion Act to the International Trade Commission (ITC); and (2) granted by the Defense Production Act to the Secretaries of Defense and of the Treasury. Directs the President to appoint committees of industry representatives to advise the National Security Council. (Sec. 204) Transfers to the United States Trade Representative (USTR) the functions of the DOC's International Trade Administration, and powers granted by the Uruguay Round Agreements Act. Amends the Foreign Trade Zones Act to make the Secretary of the Treasury chairman and executive officer of the Foreign Trade Zones Board. Renames the United States and Foreign Commercial Service the U.S. Foreign Commercial Service (Commercial Service), abolishes specified functions, and transfers it to the USTR. Conveys all export promotion functions of the DOC to the USTR, authorizing the USTR to require private entities to pay for promotion services. Transfers the authority to collect and evaluate information on international investment and trade services to the Secretary of the Treasury. Abolishes the international economic policy analysis functions of the DOC. Terminates the Committee for the Implementation of Textile Agreements (CITA), and divides CITA's tasks among the USTR, the ITC, the Commercial Service, and the Secretary of the Treasury. Transfers all DOC functions under the Fair Trade in Auto Parts Act of 1988 to the ITC. Requires the appointment of industry boards to advise the Secretary of the Treasury and the USTR regarding their new powers. Amends the Trade Act of 1974 to repeal authorities for trade adjustment assistance to firms injured by import competition. (Sec. 205) Transfers the Patent and Trademark Office to the Department of Justice, and requires that the activities of that Office be funded solely by fees. (Sec. 206) Terminates the Technology Administration and the Office of Technology Policy. Transfers the National Institute of Standards and Technology to the National Science Foundation, and transfers its laboratories to the CPRA to be sold. Eliminates funding for, and requires the sale of assets of, the National Technical Information Service. (Sec. 207) Transfers the Bureau of the Census to the Department of the Treasury. Expresses the sense of the Congress that such Bureau should: (1) implement the Census Address List Improvement Act of 1994 in a timely fashion; and (2) streamline census questionnaires to promote savings in the collection and tabulation of data. (Sec. 208) Transfers the Bureau of Economic Analysis to the Federal Reserve System, requiring the director of that Bureau to report to the Congress on: (1) the availability of private resources capable of handling a portion or all of the Bureau's assigned tasks; and (2) the feasibility of a fee system to defray costs. (Sec. 209) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). (Sec. 210) Transfers specified functions under the National Telecommunications and Information Administration Organization Act to the Chairman of the Federal Communications Commission. (Sec. 211) Terminates: (1) funding of specified fishery assistance programs; (2) the fisheries trade promotion program; (3) the authority to guarantee obligations for fishing vessels and facilities; (4) future compensation for damage, loss, or destruction of fishing vessels or fishing gear; and (5) funding of specified Federal fishery research projects. Eliminates the National Oceanic and Atmospheric Administration (NOAA) Corps and the Office of Oceanic and Atmospheric Research, and conveys specified functions of both to the National Weather Service. Transfers the National Environmental Satellite, Data, and Information System Data Centers in part to the CPRA to be sold, and in part to the National Weather Service. Terminates certain functions of the National Weather Service, and transfers it to the Department of the Interior. Reallocates specified functions of the National Marine Fisheries Services to the Secretary of Transportation, the U.S. Fish and Wildlife Service, and the Secretary of Agriculture. Conveys specified functions of the National Ocean Service to the United States Geological Survey and the Secretary of the Interior. Transfers certain NOAA environmental research laboratories to the CPRA to be sold. (Sec. 212) Abolishes the following DOC agencies and programs: (1) Economic Development Administration; (2) Minority Business Development Administration; (3) United States Travel and Tourism Administration; (4) National Telecommunications and Information Administration; (5) Advanced Technology Program; and (6) Manufacturing Extension Programs. (Sec. 214) Expresses the sense of the Congress that the head of each agency performing a function vested by this Act should, wherever feasible, explore and implement user fees for services provided in the performance of such function, to offset operating costs. Title III: Miscellaneous Provisions - Limits annual expenditures for any function not terminated by this Act to 75 percent of FY 1994 expenditures for the performance of such function.
Law· HRH.R. 1273 (105th)enacted
United States · United States Congress · 10 April 1997
TABLE OF CONTENTS: Title I: National Science Foundation Authorization Title II: General Provisions National Science Foundation Authorization Act of 1997 - Title I: National Science Foundation Authorization - Authorizes appropriations to the National Science Foundation (NSF) for FY 1998 and 1999. Title II: General Provisions - Directs NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities. (Sec. 202) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Science and Engineering Equal Opportunities Act. (Sec. 203) Directs the Director of the Office of Science and Technology Policy, in consultation with other relevant agencies, to prepare a report analyzing what steps would be needed to: (1) reduce by ten percent the proportion of Federal assistance to institutions of higher education that are allocated for indirect costs; and (2) reduce the variance among indirect cost rates of different higher education institutions, including an evaluation of the relative benefits and burdens of each option on higher education institutions. Requires that such report be transmitted to the Congress no later than December 31, 1997. (Sec. 204) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees. (Sec. 205) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training). (Sec. 206) Renames the Critical Technologies Institute as the Science Studies Institute. (Sec. 207) Prohibits funds authorized by this Act, or any other Act enacted before the enactment of this Act, from being used for the Next Generation Internet. (Sec. 208) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity, except that the prohibition shall not prevent U.S. officers or employees or of its departments or agencies, from communicating to Members of Congress on the request of any Member, or to the Congress, through the proper channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.) (Sec. 209) Requires that if any funds authorized by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Appropriations Committees, notice of such action shall concurrently be provided to the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation. Directs the NSF Director to provide notice not later than 15 days before any major reorganization of any NSF program, project, or activity. (Sec. 210) Expresses the sense of the Congress that NSF should: (1) give high priority to correcting all two-digit date-related problems in its computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; (2) assess immediately the extent of the risk to NSF operations posed by such problems, and plan and budget for achieving Year 2000 compliance for all its mission-critical systems; and (3) develop contingency plans for those systems that NSF is unable to correct in time.
Bill· HRH.R. 1270 (105th)open
United States · United States Congress · 10 April 1997
Nuclear Waste Policy Act of 1997 - Revises the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 2000; (3) provide for the transportation of such wastes; and (4) pursue expeditiously the development of each component of the integrated management system. Requires intermodal transfer (rail-to-heavy-haul-truck) of spent nuclear fuel and high-level radioactive waste pending direct rail access to the interim storage facility site. Sets a deadline for the Secretary to develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Provides for heavy-haul transportation route and truck transportation. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Subjects the Secretary's movement of spent nuclear fuel and high-level radioactive waste by heavy-haul transport route to the exclusive regulatory purview of the Secretary of Transportation and the Nuclear Regulatory Commission (NRC). Prescribes transportation planning, package certification, technical assistance, interim storage facility, permanent disposal, land withdrawal, and private storage facility requirements to ensure that the Secretary is able to accept spent nuclear fuel and high-level radioactive waste by January 31, 2000, and transport it to mainline transportation facilities. Instructs the Secretary to: (1) offer Nye County, Nevada an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with Lincoln and Nye Counties concerning the integrated management system. Requires the Secretary to make certain initial land conveyances to Nye County. Authorizes the Secretary to contract with any person holding title to or generating or holding title to spent nuclear fuel or high-level radioactive waste of domestic origin for the acceptance of title, and possession, transportation, interim storage, and disposal. Requires the Secretary to determine the level of an annual fee for electricity generated and sold by each civilian nuclear power reactor. Permits the Secretary to make expenditures from the Nuclear Waste Fund in the event of a shortfall. Delineates budget priorities in the event of such shortfall. Requires the NRC to suspend the license of any licensee who fails or refuses to pay the currently required one-time fee on spent nuclear fuel, or high-level radioactive waste derived from it, and used to generate electricity in a civilian nuclear power reactor before April 7, 1983. Provides that payment of the one-time fee relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Authorizes the NRC to require prior agreement with the Secretary for spent fuel and waste disposal as a precondition to the issuance or renewal of a license. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing spent nuclear fuel and high-level radioactive waste allocable to the interim storage or permanent disposal of spent nuclear fuel, high-level radioactive waste from atomic energy defense activities, and spent nuclear fuel from foreign research reactors; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Grants the Atomic Energy Act of 1954 and this Act preeminence in the event of a conflict or duplication of laws. Precludes this Act from being construed as: (1) constituting either an express or implied Federal reservation of water rights for any purpose arising under it; (2) authorizing the Federal use of eminent domain to acquire water rights; or (3) limiting the exercise of water rights as provided under Nevada State laws. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Prohibits: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. Directs the Secretary to employ, on an on-going basis, integrated performance modeling regarding site characterization.
Bill· HRH.R. 1294 (105th)open
United States · United States Congress · 10 April 1997
Amends provisions governing the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to provide that, whenever the Secretary of Defense requests or requires a member of the armed forces to receive an investigational new drug, the Secretary shall provide such member a notice identifying such drug as an investigational new drug, giving the reasons why such drug is being administered and disclosing possible side effects. Requires such notice to be provided before such drug is administered, if practicable, but in no case no later than 30 days afterwards. Requires the Secretary to report to the Congress the reasons a form of notice other than written notice is used.
Bill· HRH.R. 1278 (105th)open
United States · United States Congress · 10 April 1997
TABLE OF CONTENTS: Title I: Atmospheric, Weather, and Satellite Programs Title II: Marine Research Title III: Program Support and Other Accounts Title IV: Streamlining of Operations Title V: Miscellaneous National Oceanic and Atmospheric Administration Authorization Act of 1997 - Title I: Atmospheric, Weather, and Satellite Programs - Authorizes appropriations for the National Oceanic and Atmospheric Administration (NOAA) for: (1) National Weather Service (NWS) operations and research and public warning and forecast; (2) the Advanced Weather Interactive Processing System (AWIPS); (3) construction, repair, and modification regarding new and existing weather forecast offices; (4) restructuring of the National Meteorological Center into the National Centers for Environmental Prediction; (5) NEXRAD Weather Service Office maintenance. Amends the Weather Service Modernization Act to modify: (1) requirements regarding the restructuring of NWS field offices; and (2) the duties of the Modernization Transition Committee. Sets a termination date for the Committee. Encourages the NWS to form a working group with the Federal Aviation Administration (FAA) regarding NWS operational use of FAA weather radar data. Requires that Department of Defense NEXRADs that provide primary detection coverage over a portion of their ranges function as fully committed, reliable elements (and be considered as integral parts) of the National Weather Radar Network. (Sec. 102) Authorizes appropriations for NOAA for: (1) climate and air quality research; (2) atmospheric research; (3) data acquisition; (4) modifications to the Boulder Laboratory in Boulder, Colorado; (5) satellite observing systems; (6) remote sensing; and (7) environmental data and information services. Title II: Marine Research - Authorizes appropriations for NOAA for: (1) mapping and charting; (2) geodesy; (3) tide and current observation; (4) estuarine and coastal assessment; (5) the National Status and Trends Program, the Strategic Environmental Assessment Program, and the Hazardous Materials Response and Assessment Program; (6) Oil Pollution Act of 1990 activities; (7) ocean services; (8) the Coastal Ocean Program; (9) data acquisition activities of the National Ocean Service; and (10) marine prediction research. Title III: Program Support and Other Accounts - Authorizes appropriations for NOAA for: (1) executive direction and administrative activities; (2) Systems Acquisition Office activities; (3) central administrative support; (4) retired pay; (5) aircraft services; and (6) fleet maintenance and planning. Reduces the amount authorized to be appropriated under this Act by specified amounts to reflect the use of prior year balances. Title IV: Streamlining of Operations - Prohibits appropriating funds for 12 specified programs, centers, and activities, including: (1) the National Undersea Research Program; (2) Fleet Replacement in the Capital Assets Acquisition Account; (3) the Goddard Science Center; and (4) the Global Learning and Observations to Benefit the Environment (GLOBE) program. Mandates a report to specified congressional committees certifying that all 12 will be terminated by a specified date. Repeals the NOAA Fleet Modernization Act. (Sec. 402) Limits the total dollar amounts: (1) authorized to be appropriated by this or any other Act for NOAA for all activities associated with operations, research, and facilities or for capital assets acquisition; and (2) authorized to be used for NOAA travel and related expenses. (Sec. 403) Prohibits any NOAA commissioned officers after FY 1997. Makes separated officers eligible, in lieu of separation pay, only for severance pay in accordance with specified provisions. Allows, with the approval of the Secretaries of Defense and Transportation and the NOAA Administrator, transfer to the armed services, the Coast Guard, and the NOAA civil service, respectively. Repeals the Coast and Geodetic Survey Commissioned Officers' Act of 1948 and inconsistent provisions of Federal law. Abolishes the Office of the NOAA Corps of Operations and the Commissioned Personnel Center. Title V: Miscellaneous - Makes it unlawful for any unauthorized person to remove, move, damage, or interfere with any National Data Buoy Center weather data buoy. Provides for civil monetary penalties and rewards. (Sec. 502) Makes the Secretary of Commerce, through the NWS, responsible for: (1) forecasts, serving as the sole official source of weather warnings; (2) issuance of storm warnings; (3) collection, exchange, and distribution of meteorological, hydrological, climatic, and oceanographic data and information; and (4) preparation of hydrometeorological guidance and core forecast information. Prohibits the NWS from competing (or assisting other entities in competing) with the private sector when a service is or can be provided by commercial enterprise unless the private sector is unwilling or unable to provide the service and the service provides vital weather warnings and forecasts for the protection of lives and property of the general public. Removes existing provisions relating to the duties of the Secretary regarding weather forecasting. Mandates a report to specified congressional committees detailing all NWS activities not conforming to this paragraph and outlining a timetable for their termination. (Sec. 503) Directs the Secretary to enter into contracts (including multiyear contracts) for the use of vessels to conduct oceanographic and fisheries research, monitoring, enforcement, and management, and to acquire other data necessary to carry out NOAA's missions. Prohibits contracts for the construction, lease-purchase, upgrade, or service life extension of any vessel. Requires use of the excess capacity of University National Oceanographic Laboratory System vessels where appropriate. (Sec. 504) Authorizes NOAA to participate in the National Oceanic Partnership Program established by the National Oceanic Partnership Act. (Sec. 505) Prohibits NOAA grants to any person who received grant funds from any Federal funding source that was not subjected to a competitive, merit-based award process. (Sec. 506) Mandates notice to specified congressional committees of any reprogramming of funds authorized by this Act and of any NOAA major reorganization. (Sec. 507) Declares the sense of the Congress regarding NOAA handling of the year 2000 computer systems problem.
Bill· HRH.R. 1293 (105th)referred
United States · United States Congress · 10 April 1997
Demilitarization Act of 1997 - Directs the President to instruct the United Nations (UN) Ambassador to support UN efforts to: (1) appoint special conflict prevention envoys to conduct mutual disarmament talks in every region of the world in which all nations would participate; (2) commit each member state to meet with its regional special envoy to discuss its proposal for regional and international confidence-building measures (including mutual reductions in armed forces); and (3) commit each member state to continue meeting with the special envoy and suggested regional bodies and states to complete negotiations on such measures, in order to make significant military spending cuts by the year 2000. Directs the President to detail to the Congress and the UN Secretary General the changes in military forces that would permit a dramatic reduction in U.S. military spending by the year 2000. Expresses the sense of the Congress that: (1) the United States should provide neither economic nor military assistance, nor approve arms transfers or related training to any foreign government while it opposes loans to such government at international financial institutions pursuant to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997; (2) the President should designate the U.S. Agency for International Development to be the lead agency for making such determinations; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues into their loan review process.
Bill· HRH.R. 1295 (105th)referred
United States · United States Congress · 10 April 1997
National Energy Laboratories Reorganization Commission Act of 1997 - Establishes the National Energy Laboratories Reorganization Commission to reorganize the Department of Energy National Energy Laboratories and their programs through reconfiguration, corporatization, privatization, and consolidation, while preserving the traditional role the energy laboratories have contributed to the national defense. Requires the Commission to report its own recommendations to specified congressional committees, giving strong consideration to the recommendations of the Task Force on Alternative Futures for the Department of Energy National Laboratories (Galvin Commission). Directs the Secretary to Energy to reconfigure all energy laboratories and complete their corporatization and privatization according to Commission recommendations. Establishes the National Energy Laboratories Reorganization Account to fund such reconfiguration. Instructs the Secretary to transmit to such congressional committees: (1) a reconfiguration schedule as part of the budget request for each pertinent fiscal year; and (2) a description of the energy laboratories to which functions are to be transferred as a result of such reconfigurations. Prescribes procedural guidelines for congressional consideration of the Commission's report.
Bill· HRH.R. 1300 (105th)referred
United States · United States Congress · 10 April 1997
Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease (a lease which runs before a final property disposal determination). Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.
Bill· HRH.R. 1291 (105th)referred
United States · United States Congress · 10 April 1997
Veterans Nursing Care Availability Act of 1997 - Revises the manner by which the Secretary of Veterans Affairs is required to rank applicants for grants under the State home construction grant program (a program providing grants to States for the construction of veterans' nursing homes). Prohibits any State from being awarded more than one such grant during any fiscal year.
Resolution· HRESH.Res. 110 (105th)referred
United States · United States Congress · 10 April 1997
Calls for: (1) the Department of the Treasury, in order to assist in ensuring the financial soundness of the U.S. electronic interconnection industry, to develop an accelerated depreciation schedule to accurately reflect the depreciation of equipment used by the industry; (2) the Department of Defense to develop a dual-use technology program with the industry to upgrade the industry's technological capabilities; (3) the International Trade Administration of the Department of Commerce to develop a joint industry-Government program to expand the export of goods and services of such industry; (4) the Department of Labor to develop a joint program with the industry to upgrade the training and skill levels of industry workers; and (5) the Secretaries of the Treasury, Defense, Commerce, and Labor to report to the Congress on any actions taken within their jurisdictions to increase industry competitiveness.
Bill· SS. 528 (105th)referred
United States · United States Congress · 9 April 1997
National POW-MIA Recognition Act of 1997 - Mandates the display of the National League of Families POW-MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Day, National POW-MIA Recognition Day, and on the last business day before each of the preceding holidays, on the grounds or in the public lobbies of: (1) major military installations as designated by the Secretary of Defense; (2) Federal national cemeteries; (3) the national Korean War Veterans Memorial; (4) the national Vietnam Veterans Memorial; (5) the White House; (6) the official office of the Secretary of State, Secretary of Defense, Secretary of Veterans Affairs, and the Director of the Selective Service System; and (7) U.S. Postal Service post offices. Repeals provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993 relating to the display of the POW-MIA flag.
Bill· HRH.R. 1253 (105th)open
United States · United States Congress · 9 April 1997
TABLE OF CONTENTS: Title I: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities Title II: Department of State Authorities and Activities Title III: Organization of the Department of State; Department of State Personnel; the Foreign Service Title IV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs Title V: International Organizations; United Nations and Related Agencies Title VI: Arms Control and Disarmament Agency Title VII: Foreign Policy Provisions Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 - Title I: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities - Authorizes appropriations for the Department of State for FY 1998 and 1999 for: (1) the administration of foreign affairs; (2) contributions to international organizations and international peacekeeping activities; (3) international conferences and contingencies; (4) offset of adverse fluctuations in foreign currency exchange rates; (5) international commissions; (6) migration and refugee assistance; (7) the Asia Foundation; (8) international information activities and educational and cultural exchange programs; and (9) purposes of carrying out the Arms Control and Disarmament Act. Earmarks funds for specified organizations and activities. Withholds certain amounts of funds from the United Nations Development Program unless the President certifies to appropriate congressional committees that the Program's activities in Burma: (1) are focused on eliminating human suffering and addressing the needs of the poor; (2) are undertaken only through international or private voluntary organizations that are independent of the State Law and Order Restoration Council (SLORC); (3) provide no financial, political, or military support to SLORC; and (4) are supported by the leadership of the National League for Democracy and the National Coalition Government of the Union of Burma. Title II: Department of State Authorities and Activities - Chapter 1: Authorities and Activities - Amends the State Department Basic Authorities Act of 1956 to provide for rewards for information leading to the arrest or conviction of aiders or abettors of acts of international terrorism against U.S. persons or property or in certain narcotics-related offenses. Makes the resources of the rewards program available, at the Secretary's discretion, for the publication of rewards offered by foreign governments about acts of terrorism not involving the United States. Declares the sense of the Congress that the Secretary should pursue additional means of funding the rewards program, including the authority to seize and dispose of assets used in the commission of specified offenses, or to participate in asset sharing programs with the Department of Justice. Directs the President, in carrying out the rewards program, to take possession and exercise full control of up to two percent of earnings accruing on all assets of foreign governments blocked under the International Emergency Powers Act. (Sec. 202) Directs the Secretary of State to develop a worldwide plan for the consolidation, on a regional or area wide basis, of U.S. missions and consular posts abroad. (Sec. 203) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to make one of the purposes of the Capital Investment Fund the enhancement of information technology and other related capital investments for the Department of State. (Sec. 204) Requires U.S. agencies performing functions at diplomatic and consular posts abroad to avoid duplicative acquisition actions to the maximum extent practicable. Authorizes amendment without competition of contracts awarded by such agencies through competition, or under the commercial item simplified procedures threshold of the Clinger-Cohen Act of 1996, in order to permit other such agencies to obtain goods or services under such contract, provided prices or the scope of work are not increased as a result of such amendment. (Sec. 205) Amends the Foreign Service Buildings Act, 1926 to authorize the deposit of proceeds from the sale of foreign properties into interest bearing accounts. Authorizes the Secretary to retain, and expend without further appropriation, the interest earned on such deposits. (Sec. 208) Amends the International Claims Settlement Act to grant jurisdiction to the Foreign Claims Settlement Commission of the United States to adjudicate claims included in a category of claims against a foreign government which is referred to it by the Secretary. Requires the Secretary to provide fair notice to all persons whose claims are to be preadjudicated by the Commission. (Sec. 210) Establishes a special fee account for use in paying certain expenses of the Department of State and the Foreign Service. Earmarks funds for the provision, without charge, of passport information services to U.S. citizens. (Sec. 211) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to require deposit in a special fund of the Treasury of a certain amount of fees collected from processing machine readable visas. Makes funds available for certain costs of the Department's border security program. Repeals the prohibition against the charging of fees to citizens of countries that are signatories to the North American Free Trade Agreement (NAFTA). (Sec. 212) Amends the State Department Basic Authorities Act of 1956 to change from $700,000 to all the amount of registration fees collected by the Office of Defense Trade Controls of the Department of State which shall be credited for each fiscal year to a Department of State account, without limitation. Adds to the permissible expenses payable from such account the enhancement of defense trade export compliance and enforcement activities to include compliance audits of U.S. and foreign parties, the conduct of administrative proceedings, end-use monitoring of direct commercial arms sales and transfers, and cooperation in criminal proceedings related to defense trade export controls. (Sec. 213) Amends the Foreign Service Act of 1980 to authorize the Secretary to provide training through the Foreign Service Institute to U.S. company employees engaged in business abroad, and their families. Authorizes the Secretary to provide such training on a reimbursable basis to Members of Congress, congressional staff, the judiciary, and their employees. Authorizes the Secretary to charge a fee for use of the National Foreign Affairs Training Center Facility of the Department. (Sec. 214) Authorizes the Secretary, under the Department's health care program, to collect from a third-party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third-party payer for such costs. (Sec. 215) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to charge a fee for use of the Department's diplomatic reception rooms. (Sec. 217) Bars the use of funds to further normalize diplomatic relations with Vietnam until the President certifies to appropriate congressional committees that Vietnam: (1) accounts for American prisoners-of-war and missing in action from the Vietnam war; (2) has made substantial progress toward the release of all political and religious prisoners; and (3) is cooperating with U.S. requests to obtain access to persons of humanitarian interest there and in providing exit visas to such persons. Requires certification also that the U.S. Government is making vigorous efforts to interview and resettle former re-education camp victims, their immediate families, former U.S. Government employees, and certain other persons. (Sec. 218) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1999 the authorization of admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches. Makes September 30, 1999, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status. Chapter 2: Consular Authorities of the Department of State - Makes 30 percent of the fees collected in FY 1998 and 1999 for expedited passport processing available only for enhancing passport services, investigating passport fraud, and deterring entry into the United States by terrorists and other criminals. (Sec. 245) Directs the Secretary to report to the appropriate congressional committees on the compliance of the signatories to the Hague Convention on the Civil Aspects of International Child Abduction with such convention. Chapter 3: Refugees and Migration - Directs the Secretary to include in the monthly report to the Congress entitled "Update on Monitoring of Cuban Migrant Returnees" information on: (1) the methods employed by the Cuban Government to enforce the United States- Cuba Immigration Agreement of September 1994 to restrict the emigration of Cuban people to the United States; and (2) their treatment of persons who have returned to Cuba pursuant to the United States-Cuba Agreement of May 1995. (Sec. 262) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to waive certain congressional notification requirements with respect to the reprogramming of Department funds if failure to do so would pose a substantial risk to human health or welfare. Requires such notification to specified congressional committees,with an explanation of the emergency circumstances, not later than three days after taking the action to which notification is required. Title III: Organization of the Department of State; Department of State Personnel; the Foreign Service - Chapter 1: Organization of the Department of State - Establishes a Coordinator for Counterterrorism within the office of the Secretary. (Sec. 302) Repeals the statutory establishment of: (1) an Assistant Secretary for South Asian Affairs; (2) a Deputy Assistant Secretary for Burdensharing; and (3) a Bureau and Assistant Secretary for Oceans and International Environmental and Scientific Affairs. (Sec. 303) Establishes an Assistant Secretary for Human Resources and an Assistant Secretary for Diplomatic Security within the Department of State. (Sec. 305) Establishes within the Department of State a U.S. Special Envoy for Tibet. (Sec. 306) Declares that the Bureau of Migration and Refugee Assistance: (1) shall be the State Department bureau charged with principal responsibility for carrying out the Migration and Refugee Assistance Act of 1962; and (2) shall not be charged with responsibility for assisting the Secretary in matters relating to family planning or population policy. Chapter 2: Personnel of the Department of State; the Foreign Service - Establishes limits on the number of Foreign Service personnel in the Department of State, the United States Information Agency (USIA), and the Agency for International Development (AID) during FY 1998 and 1999. Allows a waiver of such limitations as necessary to carry out foreign affairs functions. (Sec. 323) Amends the Foreign Service Act of 1980 to authorize the Secretary to separate from the Foreign Service without a hearing a member of the Service convicted of a crime for which a sentence of imprisonment of more than one year may be imposed. (Currently, a Foreign Service member can be separated without a hearing only if convicted of a crime related to the cause of separation.) Title IV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to decrease the fiscal year authorization of appropriations for the Center for Cultural and Technical Interchange Between North and South. (Sec. 405) Revises the law and business training program for graduate students from the Soviet Union (sic), Lithuania, Latvia, and Estonia to require selection of participants on the basis of academic and leadership potential in the additional fields of journalism and communications, education administration, public policy, and library and information science. (Sec. 406) Establishes within USIA, in order to improve the coordination and effectiveness of U.S. Government sponsored international exchanges and training, a senior-level interagency Working Group on United States Government Sponsored International Exchanges and Training. (Sec. 407) Requires the USIA Director to establish programs of educational and cultural exchange between the United States and the people of Tibet, including scholarships to Tibetan and Burmese students and professionals who are outside their countries. (Sec. 408) Declares that all law, educational, cultural, and other exchange programs (including the ATLAS and Mandela Fellows program) funded by the United States in South Africa shall be administer by the USIA. Title V: International Organizations; United Nations and Related Agencies - Chapter 1: General Provisions - Sets forth provisions governing employment benefits due to Federal employees who are reemployed after having served in an international organization. Chapter 2: United Nations and Related Agencies - Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decision making procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors. Title VI: Arms Control and Disarmament Agency - Amends the Arms Control and Disarmament Act to repeal the mandate for the Director of the U.S. Arms Control and Disarmament Agency to report to the Congress a comprehensive compilation of studies relating to arms control, nonproliferation, and disarmament issues concluded during the previous calendar year. Title VII: Foreign Policy Provisions - Bars the use of funds for the involuntary return of a person to a country in which the person has a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. (Sec. 701) Bars the use of migration and refugee assistance funds for the involuntary return of a person to any country. (Sec. 702) Prohibits the United States from expelling, extraditing, or otherwise effecting the involuntary return of a person to a country in which there are reasonable grounds for believing the person would be in danger of subjection to torture. (Sec. 703) Directs the Secretary to report to the appropriate congressional committees on specific actions taken by the Department of State, the Department of Defense, and the Department of Commerce in resolving certain commercial disputes between U.S. firms and the Saudi Arabia Government. (Sec. 705) Prohibits the availability of appropriated funds to the United Nations Population Fund (UNFPA), unless the President certifies to the appropriate congressional committees that: (1) UNFPA has terminated all activities in China; or (2) during the 12 months preceding such certification, there have been no forced abortions associated with family planning policies in China. (Sec. 706) Directs the Secretary of State to report annually to the Congress on: (1) the number of persons and aliens residing in the United States who are entitled to diplomatic immunity from criminal prosecution, including each case involving such an alien whom appropriate law enforcement authorities reasonably believe to have committed a serious crime within the United States; and (2) the number of U.S. citizens residing in a receiving state who are entitled to diplomatic immunity from criminal prosecution there, including each case in which the United States has been requested by the government of the state to waive immunity. Expresses the sense of the Congress that the Secretary should explore, in appropriate fora, whether states should enter into agreements and adopt legislation to provide: (1) jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to diplomatic immunity; and (2) that where there is probable cause to believe that an individual with such immunity committed a serious crime, the sending state will waive immunity or will prosecute the individual. (Sec. 707) Declares the sense of the Congress that the Secretary should submit to the Congress a plan to consolidate some or all of the functions currently performed by the Department of State, the Agency for International Development, and the Arms Control and Disarmament Agency, in order to increase efficiency and accountability in the conduct of the foreign policy of the United States.
Bill· SS. 520 (105th)referred
United States · United States Congress · 8 April 1997
Directs the Secretary of Defense to terminate the F/A-18E/F aircraft program. Allows the use of current funding only for program termination costs.
Bill· HRH.R. 1246 (105th)open
United States · United States Congress · 8 April 1997
Directs the Secretary of Defense to permit persons who enroll in the TRICARE program (a managed health care program of the armed forces) to pay their annual enrollment fees on a monthly basis and to establish mechanisms to provide for payment of such fees through: (1) a deduction from military retired or retainer pay; (2) a deduction from monthly social security benefits; and (3) an electronic funds transfer from a checking or savings account. Requires the Secretary to enter into an agreement with the Commissioner of Social Security and the Secretary of the Treasury to conduct the Social Security deduction mechanism in the same manner as provided for the monthly deduction of Medicare premiums.
Bill· HRH.R. 1243 (105th)referred
United States · United States Congress · 8 April 1997
Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property. Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease (a lease which runs before a final property disposal determination). Allows an interim lessee the first right to acquire the property at the time of its final disposal. Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration. Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved.
Bill· HRH.R. 1227 (105th)referred
United States · United States Congress · 8 April 1997
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
Bill· HRH.R. 1221 (105th)open
United States · United States Congress · 21 March 1997
Prohibits a rate reduction in the overseas locality allowance paid to military personnel performing duty outside the United States or in Alaska or Hawaii during the course of such duty unless the reduction is a result of: (1) a change in duty location or dependency status; or (2) a reduction in the number of dependents of such member.
Bill· SS. 495 (105th)referred
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: Penalties for Unlawful Activities Within the United States or By United States Nationals Abroad Subtitle A: Criminal Penalties Subtitle B: Civil Penalties Subtitle C: Other Penalties Title II: Foreign Relations and Defense-Related Provisions Chemical and Biological Weapons Threat Reduction Act of 1997 - Declares that it should be U.S. policy to take all appropriate measures to: (1) prevent and deter the threat or use of chemical and biological weapons against the citizens, armed forces, and territory of the United States and its allies, and to protect against, and manage the consequences of, such use; (2) discourage the proliferation of chemical and biological weapons; (3) prohibit within the United States the development, production, acquisition, stockpiling, and transfer to third parties of chemical or biological weapons; and (4) impose unilateral sanctions, and seek international sanctions, against any nation using chemical and biological weapons in violation of international law. Title I: Penalties for Unlawful Activities Within the United States or By United States Nationals Abroad - Subtitle A: Criminal Penalties - Amends the Federal criminal code to prohibit: knowingly developing, producing, otherwise acquiring, receiving from any person located outside U.S. territory, stockpiling, retaining, transferring, using, owning, or possessing any chemical or biological weapon, unless: (1) such weapon is intended for a permissible purpose; (2) the types and quantities of such weapons are strictly limited to those that can be justified for such purposes; and (3) the amount of such weapons per person at any given time does not exceed a quantity that, under the circumstances, is inconsistent with permissible purposes. Provides for the death penalty or life imprisonment for knowingly using chemical or biological weapons in violation of such provision where the death of another person results. Sets forth provisions regarding: (1) exclusions; (2) jurisdiction; (3) reimbursement of costs to the United States for expenses incurred incident to the seizure, storage, handling, transportation, and destruction or other disposition of property seized in connection with an investigation of the offense; and (4) the seizure, forfeiture, and destruction of chemical and biological weapons. Makes the owner or possessor of seized property jointly and severally liable to the United States in an action for money damages for any expenses incurred by the United States incident to the seizure. Sets penalties for using riot control agents as an act of terrorism. Authorizes the United States to obtain injunctions against proscribed conduct under this subtitle. Authorizes the Attorney General to request military assistance in support of Department of Justice activities relating to enforcement of this subtitle in an emergency situation involving a biological or chemical weapon. Subtitle B: Civil Penalties - Directs the President to designate the Federal Bureau of Investigation as the agency primarily responsible for implementing this subtitle. (Sec. 112) Sets forth civil prohibitions (analogous to the criminal prohibitions) on chemical and biological weapons-related activities and prescribes a penalty of up to $100,000 per violation. Sets forth procedures regarding hearings, administrative appellate review, offsets of amounts of such penalty from sums owed by the United States to the person, judicial review, enforcement of orders, and regulatory authority. Subtitle C: Other Penalties - Authorizes the President, upon determining that any person within U.S. jurisdiction has committed a violation of prohibitions under section 112, to issue an order for the suspension or revocation of such person's authority to export from any goods or technology from the United States. Repeals provisions of the Export Administration Act of 1979 regarding civil penalties and administrative sanctions relating to chemical and biological weapons proliferation. (Sec. 122) Provides for a three-year suspension of patent rights for knowingly violating any provision of section 112. Sets forth provisions regarding effect on patent rights, procedures, fees, and certificates of suspension. Title II: Foreign Relations and Defense-Related Provisions - Amends the Arms Export Control Act (AECA) to rewrite provisions regarding determinations with respect to the use of chemical and biological weapons, and sanctions for their use. Requires the President, after consulting with the Congress, to impose at least five of the following sanctions for three years upon determining that any foreign government has used a chemical or biological weapon in violation of international law or against its own nationals: (1) termination of foreign assistance (with exceptions); (2) termination of arms sales; (3) termination of foreign military financing; (4) denial of U.S. Government credit or other financial assistance; (5) imposition of export controls; (6) imposition of import restrictions; (7) opposition to financial or technical assistance by international financial institutions; (8) prohibition on U.S. bank loans or credit; (9) termination of air service and suspension of aviation rights to or from the United States; and (10) downgrading or suspending diplomatic privileges with such country. Declares that such sanctions are in addition to any multilateral sanction or measure that may be otherwise agreed. Specifies exceptions: (1) where the President certifies that implementing such sanctions would have a substantial negative impact upon the supreme national interests of the United States; and (2) with respect to any activity pursuant to a contract or international agreement entered into before the date of the President's determination if performance of the activity would reduce the potential for the use of a chemical or biological weapon by the sanctioned country. Requires the President, in addition, to block any transactions in property subject to U.S. jurisdiction in which the violating foreign country or any national thereof has any interest, for the purpose of compensating the victims of such weapons use and for punitive damages. Conditions the removal of sanctions against a foreign government on the President's certification, after three years, that such government: (1) has provided reliable assurances that it will not use such a weapon in violation of international law or against its people; (2) will accept onsite inspections to verify that it is not preparing to use such a weapon; and (3) is making restitution to those affected by any use of such weapons in violation of international law or against its own nationals. Requires the President to notify and report to the Congress within specified periods regarding any use of such a weapon and any actions planned and undertaken by the President in response. (Sec. 202) Expresses the sense of the Congress that any collapse of the "Australia Group" or any substantial weakening of common Australia Group export controls and nonproliferation measures would seriously undermine international and national efforts to curb the spread of chemical and biological weapons. Declares that it shall be U.S. policy to: (1) continue close cooperation with other countries in the Australia Group in support of its current efforts and in devising additional means to monitor and control the supply of chemicals and biological agents applicable to weapons production; (2) maintain an equivalent or more comprehensive level of control over the export of toxic chemicals and their precursors, dual-use processing equipment, human, animal, and plant pathogens and toxins with potential biological weapons application, and dual-use biological equipment as that afforded by the Australia Group as of this Act's enactment date; (3) block any effort by any Australia Group member to achieve Australia Group consensus on any action that would substantially weaken export controls and nonproliferation measures or otherwise undermine the Group's effectiveness; and (4) work closely with other countries to devise and harmonize the most effective national controls possible on the transfer of equipment, materials, and technology with particular applicability to the production of chemical or biological weapons. Requires the President, annually, to determine and certify to the Congress whether: (1) the Australia Group continues to maintain an equivalent or more comprehensive level of control over exports and remains a viable mechanism for curtailing the spread of such weapons; and (2) the Group's effectiveness has been undermined by changes in membership, lack of compliance with common export controls, or any weakening of common controls and measures in effect as of this Act's enactment date. Sets forth provisions regarding presidential consultation with the Congress on Australia Group export controls and nonproliferation measures. (Sec. 203) Prohibits the provision of certain U.S. assistance to Russia unless the President determines and certifies to the Congress, annually, that: (1) Russia is making reasonable progress toward the implementation of a bilateral agreement signed on June 1, 1990, regarding destruction and nonproduction of chemical weapons and on measures to facilitate the multilateral convention on banning chemical weapons; (2) the United States and Russia have resolved, to the satisfaction of the United States, outstanding compliance issues under such agreement and under a memorandum of understanding signed in Wyoming on September 23, 1989, regarding a bilateral verification experiment and data exchange related to a prohibition on chemical weapons; (3) Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons production facilities, and other facilities associated with the development of chemical weapons and riot control agents; and (4) Russia is in compliance with its obligations under a biological weapons convention completed at Washington, London, and Moscow on April 10, 1972. (Sec. 204) Requires the President to report annually to the Speaker and specified congressional committees on: (1) proliferation by foreign countries; (2) foreign persons assisting in proliferation; (3) third country assistance in proliferation, and intelligence information on such assistance; (4) intelligence information on subnational groups, including terrorists or paramilitary organizations, developing, producing, stockpiling, or using any chemical or biological weapon; and (5) funding priorities for detection and monitoring capabilities. (Sec. 205) Declares that it shall be U.S. policy to work to obtain multilateral agreement: (1) to effective, international enforcement mechanisms to existing international agreements that prohibit the use of chemical and biological weapons, to which the United States is a state party; and (2) regarding the collective imposition of sanctions and other measures described in the AECA, as amended by this Act. Directs the Secretary of State: (1) as a priority matter, to take steps necessary to achieve such objectives; and (2) to work to convene an international negotiating forum to conclude an international agreement on enforcement of the 1925 Geneva Protocol regarding the prohibition of the use in war of poisonous gas and bacteriological warfare. (Sec. 206) Restricts the use of funds for the Organization for the Prohibition of Chemical Weapons until the Convention on the Prohibition of Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction enters into force for the United States. (Sec. 207) Expresses the sense of the Congress that the U.S. armed forces should place increased emphasis on potential threats to deployed U.S. forces and should make countering the use of chemical and biological weapons an organizing principle for U.S. defense strategy and policy. Directs the Secretary to take actions to ensure that the U.S. armed forces are capable of carrying out required military missions in U.S. regional contingency plans despite the threat or use of chemical or biological weapons. Directs the Secretary and the Secretary of State to: (1) give a high priority to discussions with key regional allies and likely regional coalition partners to determine what steps are necessary to ensure that allied and coalition forces and other critical civilians are adequately equipped and prepared to operate in chemically and biologically contaminated environments; and (2) report to the Speaker and to specified congressional committees on the results of such discussions. Directs the Secretary to take actions to ensure that the United States Army Chemical School remains under the oversight of a general officer of the United States Army. Expresses the sense of the Congress that the transfer, consolidation, and reorganization of the School should not disrupt or diminish the training and readiness of the armed forces to fight in a chemical-biological warfare environment, and that the Army should continue to operate the Chemical Defense Training Facility at Fort McClellan until such time as the replacement facility at Fort Leonard Wood is functional. Directs the President to report to the Speaker and specified congressional committees on previous, current, and planned chemical and biological weapons defense activities of the U.S. armed forces. (Sec. 208) Expresses the sense of the Congress that in order to achieve an effective deterrence against attacks of the United States and U.S. armed forces by chemical weapons, the President should reevaluate the extension of negative security assurances by the United States to non-nuclear weapon states (i.e., assurances that the United States will forswear the use of certain weapons unless attacked by that non-nuclear weapon state in alliance with a nuclear-weapon state) in the context of the Treaty on the Non-Proliferation of Nuclear Weapons. Requires the President to report to the Speaker and specified congressional committees on: (1) the findings of a detailed review of U.S. policy on negative security assurances as a deterrence strategy; and (2) a determination by the President of appropriate responses to the use of chemical or biological weapons against the U.S. armed forces, U.S. citizens, allies, and third parties. (Sec. 209) Prohibits the President from issuing any order or directive that diminishes, abridges, or alters the right of the United States to use riot control agents in any circumstance not involving international armed conflict, or in a defensive military mode to save lives in such a conflict. Expresses the sense of the Congress that international law permits the United States to use herbicides, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters. Directs the President to take all necessary measures, and prescribe such rules and regulations as necessary, to ensure that the policy contained in this section is observed by the U.S. armed forces.
Bill· SS. 507 (105th)open
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: United States Patent and Trademark Organization Subtitle A: Establishment of the United States Patent and Trademark Organization Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Early Publication of Patent Applications Title III: Patent Term Restoration Title IV: Prior Domestic Commercial Use Title V: Patent Reexamination Reform Title VI: Miscellaneous Patent Provisions Omnibus Patent Act of 1997 - Title I: United States Patent and Trademark Organization - United States Patent and Trademark Organization Act of 1997 - Subtitle A: Establishment of the United States Patent and Trademark Organization - Establishes the United States Patent and Trademark Organization as a wholly owned Government corporation under the policy direction of the Secretary of Commerce (Secretary). Requires the Organization to maintain an office in the District of Columbia metropolitan area. Makes the Organization responsible for authorizing the transfer of up to $100,000 in any year to the Department of State for special payments to international intergovernmental organizations for studies and programs to advance international cooperation concerning patents, trademarks, and related matters. Authorizes the Organization to retain and use all of its revenues and receipts. (Sec. 113) Vests management of the Organization in a Director of the United States Patent and Trademark Organization (Director) who shall be appointed by the President. Requires the Director to take specified actions, including: (1) advising the President of all activities of the office undertaken in response to U.S. obligations under treaties and executive agreements or which relate to cooperative programs with foreign governmental authorities responsible for granting patents or registering trademarks; (2) representing the United States, at the President's direction, in international negotiations on matters of patents or trademarks; (3) maintaining a program for identifying national security positions and providing for appropriate security clearances; (4) ensuring that the United States Patent and Trademark offices each prepare appropriation requests, adjust fees to provide sufficient revenues to cover expenses, and expend funds derived from such fees only for the functions of such offices; and (5) appointing Commissioners of Patents and Trademarks, respectively. Exempts the Organization from any administratively or statutorily imposed limitation on positions or personnel and from provisions governing Federal employees, with exceptions, including those relating to retirement, health benefits, life insurance, and labor-management relations. (Sec. 114) Revises Federal provisions to establish as separate administrative units of the Organization the United States Patent and Trademark Offices. Provides for the establishment of Patent and Trademark Office Management Advisory Boards to review the policies, goals, performance, budget, and user fees of their respective Offices and a Board of Patent Appeals and Interferences within the Patent Office. Sets forth provisions regarding annual reporting requirements to the Congress by, and funding of, such Offices. (Sec. 116) Sets forth provisions regarding: (1) suits by and against the Organization; (2) funding of Organization activities; and (3) transfer of functions, funds, and property. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. Sets forth technical and conforming amendments to patent and trademark law and the Inspector General Act of 1978. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for termination expenses. Title II: Early Publication of Patent Applications - Patent Application Publication Act of 1997 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors at the time of filing, the publication of rejected applications, with exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance opposition that did not exist before its adoption. (Sec. 203) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent Office at any such time during the pendency of the application as required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specifications, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 204) Sets forth provisions regarding provisional rights with respect to royalties, including rights based on substantially identical inventions, time limits on obtaining a reasonable royalty, and requirements for international applications (including directing the Commissioner to require the applicant to provide a copy of such application and a translation thereof). (Sec. 205) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application filed earlier by another person in the United States, with exceptions. (Sec. 208) Provides that, if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or legal holiday, the period of pendency shall be extended to the next succeeding business day. Title III: Patent Term Restoration - Modifies Federal patent law to restore to the patent holder any part of the term that is lost because of undue administrative delay caused by specified factors, such as an unusual administrative delay by the Patent Office in issuing the patent, subject to specified limitations. Defines "unusual administrative delay" as the failure to take specified actions, such as the failure to issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. Title IV: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1997 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense; (2) effective and serious preparation; (3) burden of proof; (4) abandonment of use; (5) who may assert the defense; (6) a one-year limitation; (7) unsuccessful assertion of the defense; and (8) invalidity of a patent. Title V: Patent Reexamination Reform - Patent Reexamination Reform Act of 1997 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters: (1) one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any Patent Office action on the merits of reexamination; and (2) the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from asserting at a later time the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Prohibits: (1) patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published; and (2) a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. (Sec. 602) Grants: (1) benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country under specified conditions; and (2) applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. (Sec. 603) Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall include the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States. (Sec. 604) Amends Federal patent provisions to authorize electronic filing of patent and trademark documents.
Bill· HRH.R. 1172 (105th)open
United States · United States Congress · 20 March 1997
United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.
Bill· HRH.R. 1148 (105th)open
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Subtitle A: Authorization of Appropriations Subtitle B: Amendments to Panama Canal Act of 1979 Subtitle A: Authorization of Appropriations - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1998. Makes funds available for the purchase, and transportation to Panama, of passenger motor vehicles (limiting the per vehicle purchase price to $22,000). Subtitle B: Amendments to Panama Canal Act of 1979 - Panama Canal Act Amendments of 1979 (sic) - Amends the Panama Canal Act of 1979 to: (1) empower the Commission to appoint U.S. citizens as notaries public, and to conduct and promote commercial activities related to the management, operation, or maintenance of the Canal; (2) exempt Commission officers and employees from Federal post-employment restrictions following termination of their employment on December 31, 1999; (3) repeal certain Commission employee pay, travel and transportation provisions; (4) authorize the Administrator of the Commission to pay a bonus to a newly recruited employee or an employee who must relocate to accept a position (requires the employee to contract to complete a period of employment established by the Commission) and to pay a retention bonus to other employees under specified circumstances; (5) authorize the Commission (currently, the President) to regulate the Panama Canal Board of Appeals; (6) authorize use of the Panama Canal Revolving Fund to pay severance pay to Commission employees; (7) direct an executive agency (currently, the Commission) to enter into supplies and materials contracts and other transactions with the Republic of Panama; (8) provide a time limitation with respect to the filing of admiralty claims with the Commission; (9) authorize the Commission to establish toll rates for yachts using the Canal; (10) revise generally Federal provisions concerning retirement eligibility for Commission employees; and (11) authorize reserve and retired military personnel to accept employment with the Panama Canal Authority (the successor to the Commission).
Bill· HRH.R. 1186 (105th)open
United States · United States Congress · 20 March 1997
Amends Federal defense procurement law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under such contract. Authorizes an agency head to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability due under such contract; and (2) pay such amount directly to such State. Directs the Secretary of Defense to require a contractor to be licensed if the State in which a construction contract is to be performed requires such a license. Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii.
Bill· HRH.R. 1187 (105th)referred
United States · United States Congress · 20 March 1997
Requires the Director of the National Park Service (NPS) to identify areas over National Park Service lands in Hawaii where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA). Requires the Director to: (1) develop a standardized reporting system acceptable to the FAA to document instances of low-flying aircraft over NPS lands for transmittal to the Honolulu FAA Flight Standards district office; (2) develop training programs and instructional materials enabling NPS personnel to recognize and report instances of low-flying aircraft; and (3) provide for quarterly meetings between NPS personnel and the FAA and affected pilots to discuss resources management objectives and issues associated with low-flying aircraft. Requires the FAA Administrator to: (1) communicate to pilots NPS concerns and objectives about low-flying aircraft in specified areas; (2) investigate pilot deviations from the requirements of this Act, and take action to discourage such deviations; (3) provide assistance to the NPS in communicating with various agencies in the Department of Defense about military aircraft operations over NPS areas; (4) make the results of such investigation available to the NPS at the FAA Flight Standards district office; (5) enlist the support of all aviation groups and organizations; and (6) participate in appropriate meetings at field and regional levels to assist the NPS in combating problems associated with low-flying aircraft. Prohibits the flying of commercial tour aircraft over Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks, Haleakala National Park, and Hawaii Volcanoes National Park. Requires aircraft to maintain a two-mile standoff distance from such areas. Makes it unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at less than 1,500 feet over the surface of any NPS lands in Hawaii not subject to such prohibition. Lists joint responsibilities of the Director and the Administrator regarding additional assessments of adverse impacts of aircraft operators, means of generating pilot understanding of NPS resource management objectives, and procedures for addressing public land over-flight issues. Makes Federal regulations relating to general operating and flight rules and to air taxi operators and commercial operators applicable to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport.
Bill· HRH.R. 1161 (105th)referred
United States · United States Congress · 20 March 1997
Mandates the display of the POW-MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Days, National POW-MIA Recognition Day, and on the last business day before each of the preceding holidays, on the grounds or in the public lobbies of: (1) major military installations as designated by the Secretary of Defense; (2) Federal national cemeteries; (3) the national Korean War Veterans Memorial; (4) the national Vietnam Veterans Memorial; (5) the White House; (6) the official office of the Secretary of State, Secretary of Defense, Secretary of Veterans Affairs, and the Director of the Selective Service System; and (7) U.S. Postal Service post offices. Repeals provisions from the National Defense Authorization Act for Fiscal Years 1992 and 1993 relating to the display of the POW-MIA flag.
Bill· HRH.R. 1156 (105th)referred
United States · United States Congress · 20 March 1997
Directs the Secretary of Veterans Affairs to allocate amounts appropriated to the Secretary for FY 1998 and 1999 for medical care so that the amount allocated to each element of the Department of Veterans Affairs designated as a Veterans Integrated Service Network is not less than the amount allocated to that element from amounts appropriated for FY 1996. (Such elements are currently designated for an allocation reduction from FY 1996 amounts under the Veterans Equitable Resource Allocation System developed by the Secretary and submitted to the Congress in March 1997.) Provides an exception on a pro rata basis with respect to any general appropriations reductions. Directs the Secretary, effective with FY 2000, to ensure that each such Network is allocated an amount for medical care that is not less than 90 percent of the product of: (1) the number of veterans residing in the geographic area of that Network; and (2) the national medical services and administrative cost per veteran.
Bill· HRH.R. 1209 (105th)referred
United States · United States Congress · 20 March 1997
Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction. Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law. Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that, before proposing or promulgating any major rule, the responsible agency has conducted an analysis of any provision that reduces environmental protection. Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House. Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions.
Bill· HRH.R. 1149 (105th)referred
United States · United States Congress · 20 March 1997
Amends the Internal Revenue Code to exclude from gross income any benefit administered by the Secretary of Veterans Affairs. (Current law excludes from gross income only qualified military benefits.)
Bill· HRH.R. 1138 (105th)open
United States · United States Congress · 20 March 1997
Prohibits the Secretary of Defense, in disposing of real property in connection with the closure of the Long Beach Naval Air Station, California, from conveying any portion of such property to a shipping company owned or controlled by a foreign country. Requires the Secretary to prohibit any subsequent reconveyance of such property to such a company. Provides a reversionary interest and a right of entry for the United States if any such property is so conveyed or reconveyed.
Bill· HRH.R. 1146 (105th)referred
United States · United States Congress · 20 March 1997
American Sovereignty Restoration Act of 1997 - Repeals: (1) the United Nations Participation Act of 1945; (2) the United Nations Headquarters Agreement Act; (3) the United Nations Educational, Scientific, and Cultural Organization Act; and (4) the United Nations Environment Program Participation Act of 1973. Requires closure of the United States Mission to the United Nations (UN). Requires the Secretary of State to notify the UN of U.S. withdrawal from it. Prohibits the authorization of funds for the U.S. assessed or voluntary contribution to the UN. Prohibits: (1) the authorization of funds for any U.S. contribution to any UN military operation; and (2) the expenditure of funds to support the participation of U.S. armed forces as part of any UN military or peacekeeping operation. Bars U.S. armed forces from serving under UN command. Prohibits the use of any U.S. facility or property by the UN or any of its affiliated agencies. Repeals diplomatic immunity for foreign UN employees. Requires the Secretary to notify the UN of the U.S. withdrawal from membership in the United Nations Educational, Scientific, and Cultural Organization and the UN Environment Program Participation.
Resolution· HRESH.Res. 103 (105th)passed
United States · United States Congress · 20 March 1997
Calls for the United States to maintain 100,000 military personnel in the Asia and Pacific region until major security and political conflicts are resolved.
Resolution· HRESH.Res. 104 (105th)referred
United States · United States Congress · 20 March 1997
Commends the U.S. armed forces and diplomatic corps for their recent services in Albania and expresses support for U.S., international, and Albanian efforts to restore stability in that country.
Bill· HRH.R. 1132 (105th)referred
United States · United States Congress · 19 March 1997
Indonesia Military Assistance Accountability Act - Prohibits U.S. military assistance and arms transfers to the Government of Indonesia unless the President certifies to the Congress that the Government of Indonesia: (1) permits opposition parties to freely choose their own party leaders and candidates; (2) provides for independent election- monitoring organizations to observe national elections without interference by Government or armed forces personnel; (3) provides protection for both domestic and international nongovernmental organizations; (4) has investigated the attack on the headquarters of the Democratic Party of Indonesia on July 26, 1996, and prosecuted those responsible for such attack; (5) has released specified political prisoners; (6) has entered into discussions toward resolution of the conflict in East Timor; and (7) has taken actions to improve labor rights there. Waives such limitations if the President determines and notifies the Congress that: (1) an emergency exists requiring such assistance or arms transfers; or (2) it is in the national security interest of the United States.
Bill· HRH.R. 1130 (105th)open
United States · United States Congress · 19 March 1997
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Comprehensive Women's Pension Protection Subtitle A: Pension Reform Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs Subtitle C: Modifications of Joint and Survivor Annuity Requirements Subtitle D: Spousal Consent Required for Distributions From Section 401(k) Plans Subtitle E: Women's Pension Toll-Free Phone Number Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to require a private contractor with the Secretary of Labor to establish a system under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Provides for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations for: (1) the Secretary of Labor to design and award the contract for such system; and (2) the contractor to begin operations. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Allows the use without penalty of distributions from certain plans during periods of unemployment. (Sec. 133) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Amends IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Limits annual benefits under governmental and multiemployer plans to $90,000, eliminating the alternative 100 percent of high three-year average compensation limitation. Exempts from the $7,500 or one third of includible compensation limit for annual benefits certain excess benefit arrangements under deferred compensation plans of State and local governments and tax-exempt organizations. Prohibits such arrangements from being taken into account in determining whether any other plan is an eligible deferred compensation plan. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 166) Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. (Sec. 167) Excludes from gross income any workers' compensation received by former police officers or fire fighters for heart disease or hypertension. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. (Sec. 176) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC ("401(k) plans") by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Makes certain new rules for pension integration under the Tax Reform Act of 1986 applicable to all existing accrued benefits. (Sec. 401) Amends IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 402) Sets forth rules regarding the application of minimum coverage requirements with respect to separate lines of business. (Sec. 403) Amends IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 404) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal law relating to the armed forces to terminate a two-tier annuity computation and social security offset under the military survivor benefit plan. (Sec. 414) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. Subtitle D: Spousal Consent Required for Distributions From Section 401(k) Plans - Amends IRC to require spousal consent for distributions from section 401(k) plans. Subtitle E: Women's Pension Toll-Free Phone Number - Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
Law· HRH.R. 1119 (105th)enacted
United States · United States Congress · 19 March 1997
TABLE OF CONTENTS: Title I: Procurement Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Environmental Provisions Subtitle C: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Title V: Military Personnel Policy Subtitle A: Officer Personnel Policy Subtitle B: Enlisted Personnel Policy Subtitle C: Reserve Personnel Policy Subtitle D: Education Policy Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special Pays Subtitle C: Allowances Subtitle D: Other Matters Title VII: Health Care Provisions Title VIII: Repeal of Certain Acquisition Reports and Acquisition Policy Subtitle A: Repeal of Certain Acquisition Reports Subtitle B: Acquisition Policy Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels Subtitle C: Other Matters Subtitle D: Military Construction Provisions Title XI: Department of Defense Civilian Personnel National Defense Authorization Act for Fiscal Years 1998 and 1999 - Title I: Procurement - Authorizes appropriations for FY 1998 and 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. (Sec. 104) Authorizes appropriations for FY 1998 and 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. (Sec. 108) Authorizes the transfer of up to $400 million from the National Defense Stockpile Transaction (NDST) Fund to specified aircraft procurement accounts for FY 1998. Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1998 and 1999 for the armed forces for research, development, test, and evaluation. (Sec. 202) Extends permanently (currently terminates on September 30, 1998) the authority of the Secretary of Defense to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 and 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1998 and 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) O&M of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the NDST Fund to specified O&M accounts. (Sec. 306) Repeals the Defense Business Operations Fund. Authorizes the Secretary to award contracts for capital assets of a working capital fund in advance of the availability of such funds. Subtitle B: Environmental Provisions - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to enter into a cooperative agreement with an Indian tribe to obtain assistance in certifying environmental technologies. (Sec. 312) Allows the use of a DOD facility for the storage and disposal of nondefense toxic and hazardous materials when such materials will or have been used in connection with a DOD activity or a service to be performed for the benefit of DOD. Provides as exceptions to the general prohibition against the use of DOD facilities for such storage and disposal the use of: (1) a space launch facility; and (2) DOD facilities for testing materials or training personnel. Subtitle C: Other Matters - Directs the Secretary to conduct programs to commemorate the 50th anniversaries of the Marshall Plan and the Korean War, using Army O&M funds. Establishes in the Treasury the Department of Defense 50th Anniversary of the Marshall Plan and Korean War Commemoration Account. Requires a report from the Secretary to the congressional defense committees on the use of Account funds. (Sec. 322) Authorizes the Superintendent of the Naval Postgraduate School (currently, the Secretary of the Navy) to enter into an agreement with an accredited higher educational institution for an exchange of students. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1998 and 1999. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1998 and 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes the Secretary of the military department concerned to allow military personnel of that department, or the Department of Transportation when the Coast Guard is not operating as a service in the Navy, to serve in the management of a military welfare society and other designated entities. (Sec. 504) Revises generally the authority for the promotion of officers through promotion boards. (Sec. 505) Excludes chaplains, health care professionals, and officers assigned to duty with the American Battle Monuments Commission from current limitations on the period of recall to active duty. Subtitle B: Enlisted Personnel Policy - Authorizes the Superintendent of the Naval Postgraduate School to permit enlisted members of the armed forces and Coast Guard who are assigned to such School to receive instruction there on a space-available basis. (Sec. 512) Directs the Community College of the Air Force to prescribe programs for enlisted members of the armed forces, other than the Air Force, whose jobs are closely related to Air Force jobs and for enlisted personnel who are serving as instructors at Air Force training schools. Subtitle C: Reserve Personnel Policy - Allows lieutenant colonels (currently, only grades above lieutenant colonel) to serve on boards of inquiry for the involuntary separation of military personnel. Subtitle D: Education Policy - Protects educational assistance entitlements for those members of the Selected Reserve who are ordered to serve on active duty (current law) or in support of a contingency operation. Removes references to the entitlement period for such personnel who served on active duty during the Persian Gulf War. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 2.8 percent, effective on January 1, 1998, the rates of basic pay and basic allowance for quarters. (Sec. 602) Allows the Ready Reserve muster duty allowance to be paid before such duty is actually performed, while requiring such payment within 30 days after such duty. Subtitle B: Bonuses and Special Pays - Increases and extends through FY 2002 certain bonuses and special pay provided to nuclear-qualified officers. (Sec. 612) Provides a special pay incentive for enlisted personnel who enter into an agreement with the Secretary concerned to extend their tour of duty overseas. (Sec. 613) Increases the special pay for Selected Reserve personnel who: (1) extend their enlistments for either three or six years; and (2) reenlist in a critical military skill position after completing their initial service obligation. Subtitle C: Allowances - Authorizes the Secretary concerned to pay a variable housing allowance to military personnel without dependents who make a close-proximity move within the United States. Subtitle D: Other Matters - Authorizes the Secretary to use amounts appropriated for FY 1997 and thereafter for payments to participants in the F. Edward Hebert Armed Forces Health Professions Scholarship Program. Authorizes the payment of supplemental stipends to such participants. Title VII: Health Care Provisions - Repeals a Federal provision which prohibits DOD funds from being used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. (Sec. 702) Authorizes the provision of prosthetic devices to military health care beneficiaries when determined necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. Title VIII: Repeal of Acquisition Reports and Acquisition Policy - Subtitle A: Repeal of Certain Acquisition Reports - Amends prior defense authorization Acts to repeal various defense acquisition reporting requirements. Subtitle B: Acquisition Policy - Authorizes the use of a single payment due date for mixed invoices of a defense contractor. (Sec. 812) Authorizes the retention of amounts collected from a contractor under the Contract Disputes Act of 1978 during the pendency of any further litigation or appeals. (Sec. 813) Authorizes the Secretary or the Secretary concerned to contract for the procurement of severable services for periods which overlap fiscal years. (Sec. 814) Revises the quantity requirements for certain small arms weapons procurement objectives of the Secretary of the Army under the National Defense Authorization Act for Fiscal Year 1995. (Sec. 816) Eliminates certain time and qualifying requirements concerning acquisition unit cost reports. (Sec. 817) Repeals: (1) an additional competition documentation requirement with respect to international agreements; and (2) a certification requirement under the Drug-Free Workplace Act of 1988. (Sec. 819) Requires, under a contract in which property vests to the United States, that such title vest regardless of any prior or subsequently asserted security interest in the property. (Sec. 820) Authorizes the head of an agency to enter into an undefinitized contract action with respect to: (1) contingency operations; (2) peacekeeping or peace enforcement operations; (3) disaster relief operations; and (4) humanitarian assistance. (Sec. 821) Authorizes a defense agency director, when considered advantageous, to lease personal property that is under the control of the defense agency, not needed for public use, and not excess property. Title IX: Department of Defense Organization and Management - Reduces from annually to every two years or as needed the required frequency of written policy guidance from the Secretary to defense agency heads concerning contingency plans. (Sec. 902) Changes from three to no less than two or more than four years the term for members of the Strategic Environmental Research and Development Program Scientific Advisory Board. (Sec. 903) Directs the Secretary to phase out the Uniformed Services University of the Health Sciences, beginning in FY 1998 and ending with its closure no later than September 30, 2001. Prohibits the entry of any new class of students there after September 30, 1997, and the awarding of degrees after September 30, 2001. (Sec. 904) Amends the Military Construction Authorization Act, 1968 to repeal the requirement to operate the Naval Academy Dairy Farm in Gambrills, Maryland. (Sec. 905) Includes the Information Resources Management College within the National Defense University. Title X: General Provisions - Subtitle A: Financial Matters - Amends the Weapons of Mass Destruction Act of 1992 to extend through FY 1999 the authority of the Secretary to provide assistance in support of international nonproliferation activities. Subtitle B: Other Matters (sic) - Sets forth procedures for the sale of naval vessels stricken from the Naval Register and not subject to disposal under any other laws. (Sec. 1011) Authorizes the Secretary of the Navy to charter a vessel in support of the Surveillance Towed Array Sensor Program. (Sec. 1012) Repeals Federal provisions providing shipbuilding contract adjustment limitations. Subtitle C: Other Matters - Authorizes a special agent of the Defense Criminal Investigative Service to: (1) carry firearms; (2) execute and serve warrants or other Federal process; and (3) make arrests without warrant for any offense against the United States committed in the officer's presence or for any Federal felony if such agent has probable cause to believe that a person has committed or is committing such felony. (Sec. 1022) Amends the National Defense Authorization Act for Fiscal Year 1997 to extend through FY 1998 the authority of the Secretary to provide Mexico with specified support in connection with counter-drug activities. (Sec. 1023) Authorizes the Secretary to accept foreign gifts or donations in order to defray the costs of, or enhance the operation of, the Asia-Pacific Center for Security Studies. Requires the Secretary to notify the Congress if total contributions exceed $2 million in any fiscal year. Requires a report identifying the foreign governments permitted to participate in Center programs during the preceding year. (Sec. 1024) Includes imagery, imagery intelligence, or geospatial information among the geodetic data authorized to be sold by the National Imagery and Mapping Agency. (Sec. 1025) Extends through FY 1999 the authority to carry out the National Guard civilian youth opportunities pilot program as authorized under the National Defense Authorization Act for Fiscal Year 1993. (Sec. 1026) Repeals requirements for: (1) an annual DOD conventional standoff weapons master plan and report on standoff munitions under the National Defense Authorization Act for Fiscal Years 1990 and 1991; and (2) annual reports concerning special operations training conducted with friendly foreign forces. (Sec. 1027) Revises general policy objectives and goals under the Ballistic Missile Defense Act of 1995. Subtitle D: Military Construction Provisions - Authorizes the Secretary of the Army to construct a heliport at Fort Irwin, California, using prior authorized and appropriated funds. (Sec. 1032) Amends prior military construction authorization Acts to repeal report requirements concerning: (1) the procurement of overseas family housing from a U.S. contractor; (2) funding for naval strategic homeporting; and (3) a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 1033) Provides for the crediting of financial incentives received by military departments or defense agencies for energy savings or water conservation. (Sec. 1035) Authorizes the Secretary concerned to convey any U.S. interest in a utility system under the control of that department to another utility company or other entity, under specified conditions and requirements, including congressional notification. Title XI: Department of Defense Civilian Personnel - Extends through FY 2001 the authority of the Secretary to provide voluntary separation incentive pay to DOD civilian personnel. (Sec. 1104) Amends the Intelligence Authorization Act, Fiscal Year 1990 to state that no prior admission for permanent U.S. residence shall be required of staff and faculty of the George C. Marshall Center for Security Studies. (Sec. 1105) Preserves certain civil service benefits and protections for certain former employees of the Defense Mapping Agency who became employees of the National Imagery and Mapping Agency.
Bill· HRH.R. 1125 (105th)referred
United States · United States Congress · 19 March 1997
Provides that amounts recovered or collected with respect to the cost of furnishing care or services at a Department of Veterans Affairs medical center shall be credited to amounts currently available for the furnishing of care and services at that center.
Bill· HRH.R. 1126 (105th)referred
United States · United States Congress · 19 March 1997
Merchant Mariners Fairness Act of 1997 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army or Naval Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application of a member possessing such qualified service.
Bill· SS. 464 (105th)open
United States · United States Congress · 18 March 1997
Subjects veterans' benefits claim decisions made by the Secretary of Veterans Affairs or the Board of Veterans' Appeals to revision on the grounds of clear and unmistakable error. Requires reversal or revision of such decision, by the same party making the original decision, if evidence establishes such error. Allows review requests for determining the existence of such error to be instituted by the Secretary, the Board, or the claimant.
Bill· HRH.R. 1092 (105th)open
United States · United States Congress · 18 March 1997
TABLE OF CONTENTS: Title I: Enhanced-Use Leases of Department of Veterans Affairs Real Property Title II: Renaming Provisions Title III: Codification of Prior Compensation Rate Increases Title I: Enhanced-Use Leases of Department of Veterans Affairs Real Property - Extends through December 31, 2002, the authority of the Department of Veterans Affairs to enter into enhanced-use leases of Department real property. Repeals a provision limiting the number of enhanced-use agreements in toto and during a fiscal year. Title II: Renaming Provisions - Renames the: (1) United States Court of Veterans Appeals as the United States Court of Appeals for Veterans Claims; (2) National Cemetery System of the Department as the National Cemetery Administration; and (3) position of Director of the National Cemetery System as the Assistant Secretary of Veterans Affairs for Memorial Affairs. Provides for the initial appointment of such Assistant Secretary. Title III: Codification of Prior Compensation Rate Increases - Codifies increases in the rates of: (1) veterans' disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation (DIC) for surviving spouses and children; and (5) supplemental DIC for disabled adult children.
Law· HRH.R. 1090 (105th)enacted
United States · United States Congress · 18 March 1997
Subjects veterans' benefits claim decisions made by the Secretary of Veterans Affairs or the Board of Veterans' Appeals to revision on the grounds of clear and unmistakable error. Requires reversal or revision of such decision, by the same party making the original decision, if evidence establishes such error. Allows review requests for determining the existence of such error to be instituted by the Secretary, the Board, or the claimant.