Records whose title is actually about this topic. Use a country filter if the list is still too broad.
Records
Bill· SS. 1530 (105th)open
United States · United States Congress · 13 November 1997
TABLE OF CONTENTS: Title I: National Tobacco Settlement Trust Fund Title II: National Protocol and Liability Provisions Subtitle A: National Tobacco Control Protocol Subtitle B: Consent Decrees Subtitle C: Liability Provisions Title III: Reduction in Underage Tobacco Use Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors Subtitle B: Required Reduction in Underage Usage Title IV: Health and Safety Regulation of Tobacco Products Title V: Payments to States and Public Health Programs Subtitle A: Payments to States Subtitle B: Public Health Programs Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VII: Public Disclosure of Health Research Title VIII: Agricultural Transition Provisions Subtitle A: Tobacco Production Transition Subtitle B: Tobacco Price Support and Production Adjustment Programs Subtitle C: Funding Title IX: Miscellaneous Provisions Placing Restraints on Tobacco's Endangerment of Children and Teens Act - PROTECT Act - Sets national goals for reductions in tobacco product use by individuals under 18 years old. Title I: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund (Settlement Fund), to be composed of compensatory and punitive damage payments by participating manufacturers (manufacturers that enter into the Protocol under subtitle A of title II of this Act and that enter into a consent decree with each State that requests that the manufacturer enter into the Protocol). Transfers to the Settlement Fund, without further appropriation, amounts received under specified provisions of this Act. Mandates Settlement Fund expenditures, setting forth a table by years and categories of recipients. (Sec. 102) Requires participating manufacturers, in order to receive protections under title II of this Act, to pay licensing fees to the Settlement Fund in specified amounts over 25 years, with amounts adjusted for inflation and relative domestic sales volume. (Sec. 103) Establishes the Advisory Board to advise the Settlement Fund's Trustees in Settlement Fund administration. (Sec. 104) Imposes an initial monetary penalty for a manufacturer's failure to make timely fee payments. Title II: National Protocol and Liability Provisions - Subtitle A: National Tobacco Control Protocol - Chapter 1: Establishment - Requires each tobacco manufacturer, in order to receive liability protections provided in this title, to enter into a National Tobacco Control Protocol with the U.S. Attorney General, the chief executive officer of each State, and a representative of the members of the class certified for a specified class action. Requires participating manufacturers, in their contracts with distributors and retailers, to include a clause requiring compliance with the Protocol. Chapter 2: Terms and Conditions - Subchapter A: Protocol Restrictions on Advertising - Requires that this chapter be considered part of the Protocol. (Sec. 212) Prohibits tobacco product advertising: (1) outdoors; (2) in any arena or stadium where athletic, social, or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 213) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeal to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 214) Sets forth format and content requirements for labeling and advertising. (Sec. 215) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, social, or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Subchapter B: Provisions Relating to Lobbying - Regulates actions of lobbyists for tobacco product manufacturers. (Sec. 222) Requires tobacco manufacturers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers may form or participate in. Subchapter C: Other Provisions - Requires that participating manufacturers determine the percentage of licensing fees to be paid by each manufacturer and the manner of payment. (Sec. 227) Establishes an Arbitration panel to award attorney's fees and expenses relating to litigation resulting in whole or part in this Act. (Sec. 228) Provides for the treatment of Indian country. Chapter 3: Enforcement - Empowers the Attorney General (and the chief law enforcement officer of a State) to bring a civil action for Protocol enforcement. Allows restraining orders, specific performance, and civil monetary penalties. Requires use of Settlement Fund amounts for Federal enforcement activities. (Sec. 233) Empowers a participating manufacturer to: (1) seek a declaration of its Protocol rights and obligations; and (2) bring a civil action against another participating manufacturer to enforce the Protocol, subject to exception. Allows any participating manufacturer to intervene in any Federal or State enforcement proceeding. Subtitle B: Consent Decrees - Requires a State (to be eligible for payments under title V), a tobacco manufacturer (to be eligible for protections under subtitle C), and a representative of the class in a specified class action (to receive benefits under this Act) to enter into consent decrees under this paragraph. Sets forth matters with which the decrees must deal (including a waiver of Federal and State constitutional claims) and may not deal. Requires Attorney General approval in order for a decree to be valid. (Sec. 242) Empowers a State to bring proceedings for the enforcement of a decree, but only for injunctive (not criminal or monetary) relief. (Sec. 243) Imposes an annual fee on manufacturers that do not enter into a decree equal to the fees paid under section 102. Requires each nonparticipating manufacturer to annually deposit into an escrowed reserve fund 150 percent of the amount the manufacturer would have paid (if it was a Protocol participant) under section 102, to be used solely for tobacco-related liability payments. Subtitle C: Liability Provisions - Chapter 1: General Provisions - Sets forth definitions for this subtitle. Chapter 2: Immunity and Liability for Past Conduct - Declares that this chapter applies to the enforcement of all judgments and settlements regarding tobacco claims against participating manufacturers. Prohibits court enforcement of any judgment or settlement that is not final as of the effective date of this Act except in accordance with this chapter. (Sec. 256) Terminates pending health-related civil actions by State or local governments against a participating manufacturer. Grants participating manufacturers immunity from new civil actions by any Federal, State, or local governments for all health-related claims regarding tobacco use. Terminates pending, and grants immunity from new, class actions against participating manufacturers based on tobacco use, addiction, or dependence. Preserves all individual personal injury claims for tobacco use. (Sec. 257) Applies this section to all actions permitted under section 256 regarding a participating manufacturer for conduct before enactment of this Act. Prohibits punitive damages and devices to resolve cases other than as individual actions (without the consent of the defendant). Requires, as part of the Protocol, that all signatories agree to the joint sharing of any tobacco use civil liability. Makes participants not jointly and severally liable for damages involving nonparticipants and requires severing of actions involving both participating and nonparticipating manufacturers. Lists the permissible parties for actions under this section. Makes the development of any tobacco product that reduces injury or illness risk not admissible or discoverable. Sets an annual aggregate limit on judgment or settlement payments. Requires that participating manufacturers receive a credit, to be applied against the amount under section 102, for 80 percent of judgment or settlement amounts paid. Makes participating manufacturers responsible for all attorneys' fees and costs associated with being a defendant in an action to which this section applies. (Sec. 258) Applies certain provisions to all actions permitted under section 256 regarding a participating manufacturer for conduct after enactment of this Act. Prohibits third-party payor claims not based on subrogation from being commenced under this section. (Sec. 259) Declares that this title shall not apply to any manufacturer that is not a Protocol signatory and is at least 12 months delinquent in payments under section 102. (Sec. 261) Requires that a State, in order to receive funds under title V, have: (1) a law making sections 256 through 259 the law of the State and allowing any defendant in any related civil action a right of prompt interlocutory appeal to the State's highest court to enforce the law; and (2) withdrawn and dismissed with prejudice any claim required to be dismissed by the State under this chapter. Prohibits, in any State without such a law, maintaining (in State court) a tobacco claim that is otherwise maintainable under this chapter. (Sec. 262) Amends Federal judicial procedure provisions to prohibit removal of a civil action in State court under certain provisions of title I to Federal court except: (1) on agreement of all parties; or (2) by a manufacturer defendant when the action is being conducted in a manner inconsistent with provisions of title II. Title III: Reduction in Underage Tobacco Use - Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors - Tobacco Use by Minors Prevention Act - Requires a State, to be eligible for payments under title V, to have and enforce a law with the provisions of section 302. Allows State requests for waivers or modifications of model provisions. (Sec. 302) Sets forth the model State law, including: (1) prohibiting tobacco product distribution to minors; (2) prohibiting minors purchasing, possessing, or using tobacco products in public places (mandating parental notification of violation allegations); (3) regulating retail signage; (4) prohibiting sample distribution to individuals appearing to be under 18 years old without securing age proof; (5) prohibiting out-of-package distribution; (6) prohibiting display or storage affording customers direct access to packages; (7) mandating notification of retail tobacco employees of relevant requirements (imposing employer liability if the employer pays an employee's penalty); (8) mandating random unannounced inspections and allowing use of individuals under 18 to test compliance; (9) mandating separate licensure of each retail distribution place and a minimum annual license fee; (10) regulating the suspension, revocation, denial, and nonrenewal of licenses; and (11) not preempting other State or local provisions providing greater restrictions so long as they do not conflict with regulations under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). Subtitle B: Required Reduction in Underage Usage - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 313) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 315) Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Title IV: Health and Safety Regulation of Tobacco Products - Amends the FDCA to add to the list of prohibited acts: (1) introducing into interstate commerce a tobacco product not in compliance with FDCA chapter IX (created below by this Act); or (2) the failure by a tobacco manufacturer to comply with any chapter IX requirement. Includes nicotine-containing tobacco products that do not comply with chapter IX in the definition of "drug." Adds references to tobacco products to provisions authorizing facility and vehicle inspections. Mandates establishment, by regulation, of tobacco product health risk standards. Requires that the standards: (1) include provisions designed to reduce overall health risks for both users and nonusers; (2) comply with regulations specifying health risk assessment testing procedures; and (3) limit the amount of tar in a cigarette. Requires manufacturers (beginning five years after enactment of this Act) to annually submit a health risk assessment for each substance (other than tobacco or water) for each tobacco brand. Mandates regulations to prohibit any substance for which no health risk assessment has been submitted as required. Requires each manufacturer to annually provide the Secretary with a list of ingredients and nicotine. Provides for confidentiality, allowing the Secretary to require disclosure of any ingredient if disclosure is in the interest of public health. Allows adoption of a health risk management standard requiring: (1) the modification of a tobacco product to reduce or eliminate nicotine or other harmful substances; or (2) prohibition of a tobacco product. Requires congressional review and allows its disapproval of any tobacco product health risk standard. Makes a standard prohibiting a class of products effective only on adoption of a joint resolution of approval. Declares that a tobacco product cannot be considered in violation of prohibited act provisions while it is in compliance with a health risk standard. Mandates regulations requiring conformance with tobacco product current good manufacturing practice, including requiring: (1) all tobacco product manufacturers to register with the Secretary; and (2) the development of and adherence to pesticide chemical residues tolerances (to apply only if necessary to prevent the residues from being injurious to health when used in tobacco products). Allows exemptions and variances, establishing the Tobacco Product Requirements Waiver Board to advise the Secretary. Prohibits regulations under this provision from having the effect of placing regulatory burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Mandates certain warnings on cigarette and smokeless tobacco labels and advertising. Prohibits cigarette, little cigar, and smokeless tobacco advertising on any electronic medium subject to Federal Communications Commission regulation. Mandates certain intended use statements on cigarette and smokeless tobacco advertising. Requires regulations requiring public disclosure of the common or usual name of each tobacco product ingredient, subject to exception. Exempts cigarettes and smokeless tobacco manufactured, imported, or packaged for export. Deems tobacco products in violation of this chapter if their labeling or manufacturer claims imply reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Secretary (after securing intellectual property protections) of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Secretary, on determining that the manufacture of a less hazardous product is technologically and commercially feasible, to require disclosure of the technology's existence, prohibit use of the superseded technology, and require that manufacturers cease manufacturing and marketing tobacco products not incorporating the technology. Prohibits retail tobacco product distribution to any individual under 18 years old. Requires photo identification for anyone under 27. Requires retailers to keep tobacco in areas where customers to not have product access. Allows sale only in a direct, face-to-face exchange. Prohibits out-of-package distribution. Requires removal of retail tobacco-related self-service displays, advertising, labeling, and other items not complying with the requirements of this paragraph. Sets minimum cigarette package size at 20 cigarettes. Prohibits sample distribution. Prohibits vending machine and other self-service sales, subject to exception. Establishes the Tobacco Products Scientific Advisory Committee to assist the Secretary in establishing, amending, or revoking regulations under specified provisions. Prohibits State or local requirements conflicting with specified provisions of this Act. (Sec. 402) Declares that this title supersedes cigarette provisions of the Cigarette Labeling and Advertising Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. (Sec. 403) Mandates a tobacco licensing program to be applied to entities that sell or distribute tobacco products on military installations, in U.S. embassies, in any facility owned and operated by the Government, in any duty-free shop in the United States, or through any other Federal entity or on any other Federal property. Requires the program to apply requirements similar to those implemented by States under this subtitle. Treats an Indian tribe or tribal organization as a State for applying and enforcing this subtitle's provisions regarding entities that distribute tobacco products on Indian reservations. Title V: Payments to States and Public Health Programs - Subtitle A: Payments to States - Requires use of Settlement Fund amounts to reimburse States for amounts expended by the States for the treatment of individuals with tobacco-related illnesses or conditions. Sets forth the percentage for each State. Allows a State to use the amounts as it determines appropriate, except for the amount equal to that State's Federal medical assistance percentage under title XIX (Medicaid) of the Social Security Act. (Sec. 502) Requires a State, in order to receive payments, to prepare a plan regarding use of the funds for anti-tobacco and anti-smoking programs, deeming plans approved unless disapproved by Settlement Fund Trustees. Subtitle B: Public Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), appropriating amounts described in specified provisions to it each fiscal year. Sets forth the portions of Research Fund amounts to be used for specified purposes. Requires the Director of the National Institutes of Health (NIH) to annually submit to the Secretary and appropriate congressional committees a National Tobacco Research Agenda. Excludes Research Fund amounts from, and prohibits taking them into account, for purposes of any budget enforcement procedure under the Congressional Budget Act of 1974 of the Balanced Budget and Emergency Deficit Control Act of 1985. (Sec. 522) Mandates a national anti-tobacco program to discourage beginning use of tobacco and other substances of abuse and assist cessation, including: (1) development of model public education curricula and materials regarding tobacco use health risks; (2) action to inform tobacco users of effective therapies; (3) a mass media campaign designed to counter the effects of manufacturer marketing; and (4) a model smoking cessation program for State use. Authorizes grants and contracts. Mandates block grants to States for tobacco use prevention and cessation activities. Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. Sets forth special rules for facilities serving children. (Sec. 603) Declares that this title does not preempt any Federal, State, or local law providing protections from environmental tobacco smoke equal to or greater than under this title. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, to receive certain liability protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Allows the Attorney General or a State's chief law enforcement officer to bring an enforcement action. Mandates civil monetary penalties for violations. Title VIII: Agricultural Transition Provisions - Tobacco Transition Act - Subtitle A: Tobacco Production Transition - Chapter 1 - Tobacco Transition Contracts - Establishes a Tobacco Transition Account (Account) to provide tobacco buyout and transition payments. Terminates the Account as of a specified date. (Sec. 812) Directs the Secretary of Agriculture (Secretary) to offer to enter into transition contracts with tobacco owners and producers. Sets forth contract terms. (Sec. 815) Directs the Secretary to make temporary transition payments to certain quota tobacco producers. (Sec. 816) Sets forth group eligibility requirements under a tobacco worker transition program for those workers for whom the national tobacco settlement has contributed importantly to job separation or threat of separation. Includes in program assistance employment and training, readjustment allowances, and job search and relocation allowances. Prohibits assistance for persons receiving buyout assistance. Obligates specified funds. Sets forth program termination provisions. (Sec. 817) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Transfers specified amounts from the Account for such program. Chapter 2 - Rural Economic Assistance Block Grants - Directs the Secretary to use Account funds for a temporary program of rural economic assistance block grants to States with tobacco-dependent areas. Subtitle B: Tobacco Price Support and Production Adjustment Programs - Chapter 1 - Tobacco Price Support Program - Amends the Agricultural Act of 1949 with respect to tobacco to: (1) revise and extend price supports at reduced levels; (2) require each producer marketing association providing price supports to establish a No Net Cost Tobacco Fund; (3) authorize the Secretary to carry out the price support program through association loans to producers; and (4) terminate existing price support and no net cost provisions. Chapter 2 - Tobacco Production Adjustment Programs - Amends the Agricultural Adjustment Act of 1938 to terminate specified tobacco adjustment programs. Subtitle C: Funding - Directs the Secretary to provide for the transfer of specified funds from the Account to the Commodity Credit Corporation for activities under this Act. Terminates such authority as of a specified date. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products within Indian country and to Indian tribes, with exceptions for religious practices. Requires the Secretary to promulgate regulations to waive requirements of the Federal Food, Drug, and Cosmetic Act with respect to tobacco products manufactured, distributed, or sold within Indian country as appropriate to comply with such requirement. Provides for the treatment of tribes under various provisions of this Act. (Sec. 902) Sets forth whistleblower and antitrust provisions.
Bill· SS. 1566 (105th)referred
United States · United States Congress · 13 November 1997
Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to require that a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, for purposes of voting for an office of the United States or of a State, be deemed to have: (1) lost a residence or domicile in that State; (2) acquired a residence or domicile in any other State; or (3) become resident in or a resident of any other State. Amends the Uniformed and Overseas Absentee Voting Act to require States, with respect to elections for State and local offices, to permit absentee voting by uniformed services members.
Bill· SS. 1552 (105th)referred
United States · United States Congress · 13 November 1997
Directs the Secretary of the Air Force to convey to the city of La Junta, Colorado, all U.S. rights and interest to the unused Air Force housing facility in La Junta.
Bill· SS. 1534 (105th)referred
United States · United States Congress · 13 November 1997
Amends the Higher Education Act of 1965 to delay the commencement of the student loan repayment period for certain students called to active duty in the armed forces. Provides that any period (up to three years) during which a borrower who is a member a reserve component of the armed forces is called or ordered to active duty (for more than 30 days) shall be excluded from the grace period (after the student ceases to carry at least a half-time academic load) before repayment of a student loan must begin. (Such grace period is six months for Stafford or Direct Stafford/Ford loans, and nine months for Perkins direct loans.)
Bill· HRH.R. 3039 (105th)open
United States · United States Congress · 13 November 1997
Veterans Transitional Housing Opportunities Act of 1997 - Authorizes the Secretary of Veterans Affairs to guarantee the full or partial repayment of loans for the provision of multifamily transitional housing (MTH) for homeless veterans. Sets a maximum of 15 of such loans, a maximum loan guarantee amount of $100 million, and a loan guarantee period of three years. Outlines provisions concerning: (1) loan requirements; (2) requirements for veterans being provided MTH assistance; and (3) loan default procedures. Establishes the Multifamily Transitional Housing Guarantee Fund for the deposit and receipt of funds for the payment of such loan guarantees. Requires each MTH project to be audited during its first three years of operation. Authorizes the Secretary of the Treasury to invest the National Service Life Insurance Fund in certain securities and specifies the use of the proceeds.
Bill· HRH.R. 3084 (105th)open
United States · United States Congress · 13 November 1997
Prohibits: (1) the Secretary of Defense, the Secretary of a military department, and military personnel and equipment from participating in any airshow or trade exhibition held outside the United States; or (2) the Secretaries from using training or readiness requirements to indirectly support such a show or exhibition. Provides an exception in the case of military equipment used to support such an airshow or exhibition on behalf of a defense contractor or industrial association, as long as such contractor or association fully reimburses the United States for all incremental costs of such support.
Bill· HRH.R. 3051 (105th)referred
United States · United States Congress · 13 November 1997
Designates the Department of Veterans Affairs Medical Center located at 10 North Greene Street in Baltimore, Maryland, as the Parren J. Mitchell Veterans Medical Center.
Bill· HRH.R. 3045 (105th)referred
United States · United States Congress · 13 November 1997
Surface Transportation and Transit Empowerment Act - Empowers States with authority for most taxing and spending for highway programs and mass transit programs. Makes each electing State eligible for a core highway programs payment and a non-core highway programs block grant in lieu of any other payment from the Highway Account and the Future Highway Investment Sub Account of the Future Investment Account (established by this Act). Designates as core highway programs: (1) the interstate maintenance program; (2) highway bridge replacement and rehabilitation (excluding off-System bridges); (3) Indian reservation roads; (4) public lands highways; (5) parkways and park roads; (6) highway safety programs; (7) highway safety research and development; (8) motor carrier safety grants; (9) metropolitan planning; (10) national defense highways; and (11) emergency relief. (Sec. 3) Sets forth requirements for determination and use of core highway programs payments, and non-core highway programs block grants, during FY 1998 through 2003. Allows a core program State (tier I, eligible for a core highway programs payment and a non-core highway programs block grant) to notify the Secretary of Transportation (the Secretary) of its election to become a tier II core program State (eligible for a core highway programs payment, but electing to reduce its Federal fuel tax rate with a corresponding reduction in its non-core highway programs block grant). Makes a tier II election also an election to have imposed on highway users in the State the State's core highway programs financing rate with respect to the taxes transferred to the Highway Account and the Future Highway Investment Sub Account of the Future Investment Account which are attributable to such highway users in lieu of the tax rates otherwise established in the Internal Revenue Code for fiscal years beginning after the satisfaction year (during which the State has paid specified program obligations) and ending with the termination of the election period. Directs the Secretary of the Treasury to determine such a State's core highway programs financing rate, taking specified factors into account. Requires congressional approval of such rate by a joint resolution. (Sec. 4) Allows a core program State or any other State to notify the Secretary of an election to receive with respect to each fiscal year during the State's election period a mass transit block grant, in lieu of any other payment from the Mass Transit Account and the Future Transit Investment Sub Account of the Future Investment Account. Provides that such an election shall not affect a State's continued eligibility for revenues provided through the general fund of the Treasury for transit programs. Sets forth requirements for determination and use of the mass transit block grant. Allows a mass transit State (tier I, eligible for a mass transit block grant) to notify the Secretary of its election to become a tier II mass transit State (eliminating its mass transit fuel tax rate with a corresponding elimination of its mass transit block grant). Directs the Secretary of the Treasury to notify specified congressional committees of a State's election to eliminate the mass transit fuel tax rate. Requires congressional approval of such an election by a joint resolution. (Sec. 5) Requires deduction of the amount of any improperly used funds from any amount a State would otherwise receive from the Highway Account for the fiscal year that begins after determination that a core program State or mass transit State has used funds under this Act for any non-surface transportation purpose. (Sec. 7) Grants congressional consent to States to enter into interstate compacts to: (1) promote the continuity, quality, and safety of the Interstate System; (2) develop programs to promote and fund surface transportation safety initiatives and establish surface transportation safety standards; (3) conduct long-term planning for surface transportation infrastructure in participating States, and develop design and construction standards for it; and (4) establish surface transportation infrastructure banks, which shall make loans and provide other assistance to public or private entities for surface transportation projects. (Sec. 8) Requires the head of each executive agency to: (1) assist State and local governments in efforts to privatize their transportation infrastructure assets; and (2) approve requests from State and local governments to privatize such assets and waive or modify any condition relating to the original Federal program that funded them. Sets forth criteria for approval of such requests. Declares that a State or local government shall have no obligation to repay Federal grant funds for assets that are privatized. Authorizes State and local governments to recover the capital investment and specified costs from the privatization of an asset. (Sec. 9) Amends Internal Revenue Code (as amended by the Taxpayer Relief Act of 1997) to establish in the Highway Trust Fund a separate Future Investment Account, with a Future Highway Investment Sub Account and a Future Transit Investment Sub Account, for funding highway and transit programs under this Act. (Sec. 10) Declares that this Act shall take effect only upon certification by the Director of the Office of Management and Budget that it is deficit neutral and meets specified requirements regarding discretionary spending limits.
Resolution· HCONRESH.Con.Res. 197 (105th)referred
United States · United States Congress · 13 November 1997
Calls for Sara E. Lister, Assistant Secretary of the Army for Manpower and Reserve Affairs, to resign from office or, in the alternative, be removed from such office by the President.
Resolution· HRESH.Res. 322 (105th)passed
United States · United States Congress · 12 November 1997
Expresses the sense of the House of Representatives that: (1) the current crisis regarding Iraq should be resolved peacefully through diplomatic means but in a manner which assures full Iraqi compliance with United Nations Security Council resolutions regarding the destruction of Iraq's capability to produce and deliver weapons of mass destruction; (2) if military means are necessary to compel compliance, such action should be undertaken with the broadest feasible multinational support, preferably pursuant to a decision of the Security Council; and (3) if necessary, the United States should take military action unilaterally to compel Iraqi compliance.
Bill· SS. 1494 (105th)referred
United States · United States Congress · 9 November 1997
Surface Transportation and Transit Empowerment Act - Empowers States with authority for most taxing and spending for highway programs and mass transit programs. Makes each electing State eligible for a core highway programs payment and a non-core highway programs block grant in lieu of any other payment from the Highway Account and the Future Highway Investment Sub Account of the Future Investment Account (established by this Act). Designates as core highway programs: (1) the interstate maintenance program; (2) highway bridge replacement and rehabilitation (excluding off-System bridges); (3) Indian reservation roads; (4) public lands highways; (5) parkways and park roads; (6) highway safety programs; (7) highway safety research and development; (8) motor carrier safety grants; (9) metropolitan planning; (10) national defense highways; and (11) emergency relief. (Sec. 3) Sets forth requirements for determination and use of core highway programs payments, and non-core highway programs block grants, during FY 1998 through 2003. Allows a core program State (tier I, eligible for a core highway programs payment and a non-core highway programs block grant) to notify the Secretary of Transportation (the Secretary) of its election to become a tier II core program State (eligible for a core highway programs payment, but electing to reduce its Federal fuel tax rate with a corresponding reduction in its non-core highway programs block grant). Makes a tier II election also an election to have imposed on highway users in the State the State's core highway programs financing rate with respect to the taxes transferred to the Highway Account and the Future Highway Investment Sub Account of the Future Investment Account which are attributable to such highway users in lieu of the tax rates otherwise established in the Internal Revenue Code for fiscal years beginning after the satisfaction year (during which the State has paid specified program obligations) and ending with the termination of the election period. Directs the Secretary of the Treasury to determine such a State's core highway programs financing rate, taking specified factors into account. Requires congressional approval of such rate by a joint resolution. (Sec. 4) Allows a core program State or any other State to notify the Secretary of an election to receive with respect to each fiscal year during the State's election period a mass transit block grant, in lieu of any other payment from the Mass Transit Account and the Future Transit Investment Sub Account of the Future Investment Account. Provides that such an election shall not affect a State's continued eligibility for revenues provided through the general fund of the Treasury for transit programs. Sets forth requirements for determination and use of the mass transit block grant. Allows a mass transit State (tier I, eligible for a mass transit block grant) to notify the Secretary of its election to become a tier II mass transit State (eliminating its mass transit fuel tax rate with a corresponding elimination of its mass transit block grant). Directs the Secretary of the Treasury to notify specified congressional committees of a State's election to eliminate the mass transit fuel tax rate. Requires congressional approval of such an election by a joint resolution. (Sec. 5) Requires deduction of the amount of any improperly used funds from any amount a State would otherwise receive from the Highway Account for the fiscal year that begins after determination that a core program State or mass transit State has used funds under this Act for any non-surface transportation purpose. (Sec. 7) Grants congressional consent to States to enter into interstate compacts to: (1) promote the continuity, quality, and safety of the Interstate System; (2) develop programs to promote and fund surface transportation safety initiatives and establish surface transportation safety standards; (3) conduct long-term planning for surface transportation infrastructure in participating States, and develop design and construction standards for it; and (4) establish surface transportation infrastructure banks, which shall make loans and provide other assistance to public or private entities for surface transportation projects. (Sec. 8) Requires the head of each executive agency to: (1) assist State and local governments in efforts to privatize their transportation infrastructure assets; and (2) approve requests from State and local governments to privatize such assets and waive or modify any condition relating to the original Federal program that funded them. Sets forth criteria for approval of such requests. Declares that a State or local government shall have no obligation to repay Federal grant funds for assets that are privatized. Authorizes State and local governments to recover the capital investment and specified costs from the privatization of an asset. (Sec. 9) Amends Internal Revenue Code (as amended by the Taxpayer Relief Act of 1997) to establish in the Highway Trust Fund a separate Future Investment Account, with a Future Highway Investment Sub Account and a Future Transit Investment Sub Account, for funding highway and transit programs under this Act. (Sec. 10) Declares that this Act shall take effect only upon certification by the Director of the Office of Management and Budget that it is deficit neutral and meets specified requirements regarding discretionary spending limits.
Bill· SS. 1512 (105th)referred
United States · United States Congress · 9 November 1997
Cargo Theft Deterrence Act of 1997 - Amends the Federal criminal code regarding thefts pertaining to interstate or foreign shipments by carrier to include thefts of trailers and air cargo containers and thefts from freight consolidation facilities. Increases the maximum penalty from one year to three years imprisonment. Authorizes the court, upon motion of the Attorney General, to reduce any penalty imposed under such provisions for any defendant who provides information leading to the arrest and conviction of any dealer or wholesaler of stolen goods or chattels moving as, which are a part of, or which constitute, an interstate or foreign shipment. Specifies that goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination. Makes it an affirmative defense that the defendant bought, received, or possessed the goods at issue with the sole intent to report the matter to an appropriate law enforcement officer or to the owner. Directs: (1) the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than two levels for any such offense; and (2) the Attorney General to annually submit to the Congress a report including an evaluation of law enforcement activities relating to the investigation and prosecution of such offenses. Establishes the Advisory Committee on Cargo Theft to study, and develop recommendations regarding, the establishment of: (1) a national computer database for the collection and dissemination of information relating to violations of cargo theft provisions; and (2) an office within the Federal Government to promote, and to increase coordination between the Government and the private sector regarding, cargo security. Authorizes appropriations.
Bill· SS. 1497 (105th)open
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Enhanced Community Participation Title II: Liability Equity and Public Involvement in Superfund Act of 1997 - Title I: Enhanced Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to define: (1) "affected community" as a group of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant from a covered facility; and (2) "covered facility" as a facility listed or proposed for listing on the National Priorities List (NPL) at which the President is undertaking a removal action expected to exceed one year or a specified funding limit or with respect to which the Administrator of the Agency for Toxic Substances and Disease Registry has accepted a petition requesting a health assessment and that is under investigation by the Administrator (Administrator) of the Environmental Protection Agency (EPA). (Sec. 102) Requires the President to make all records in the administrative record, with stated exceptions, available to an affected community throughout all phases of a response action. (Sec. 103) Sets forth requirements for expanded public participation in the response action process. Authorizes a member of a local community to propose a remedial action alternative in the same manner as any other interested party. Directs the President to assist in the establishment of a community advisory group for a covered facility to achieve direct and meaningful communication among community members throughout the response action process if: (1) requested by a specified amount of residents of the area in which the facility is located or of any local government; or (2) such group would achieve the purposes of this Act. Requires the President to consult with the group in developing and implementing the response action for a covered facility. Directs the President to ensure that the membership of such group reflects the composition of the affected community and a diversity of interests. Authorizes the President to make technical assistance grants to affected communities (including community advisory groups) for use in: (1) interpreting information and presenting recipient views with regard to a response action; (2) disseminating information to other members of the local community; or (3) providing funding for training to enable citizens to participate more effectively in the response process. (Sec. 104) Permits States or Indian tribes with NPL facilities within their borders or reservation boundaries, respectively, to establish waste site information offices funded by EPA grants. Requires the Administrator to establish such an office within EPA for States or Indian tribes that fail to do so. Requires such offices to inform the public of opportunities to participate under CERCLA and to serve as clearinghouses of information on waste, hazardous substances, covered facilities, and technical assistance. (Sec. 105) Directs the Administrator to conduct a program to assist in the recruitment and training of individuals in an affected community for employment in response actions. Requires the Administrator to solicit the assistance of the waste site information office in identifying three facilities in the area covered by each EPA regional office in major urban areas or other areas with minority and low-income populations that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title II: Liability - Provides exemptions from liability under CERCLA for: (1) certain owners or operators of real property contiguous to a facility at which there has been a release or a threatened release; (2) pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, hazardous substances and the total of materials containing such substances did not exceed a specified amount; and (3) certain owners, operators, or lessees of residential property, businesses with fewer than 100 employees, or small nonprofit organizations whose liability is based on arrangement or acceptance provisions with respect to municipal solid waste (MSW). Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before January 1, 1997, eligible for settlements. Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions. Authorizes the President to require such municipalities to perform or participate in response actions at the facility. Considers two or more municipalities that jointly own or operate a facility to be single owners for purposes of calculating settlement offers. Terminates liability limitations two years after this Act's enactment date unless a municipality participates in a qualified household hazardous waste collection program. Makes persons who commence actions for recovery or contribution of response costs against non-liable persons or those who have entered into expedited settlement agreements liable to the defendant for all reasonable defense costs. (Sec. 202) Adds to the list of parties eligible for expedited final settlements: (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Establishes a moratorium on litigation for recovery or contribution of response costs from any person eligible for an expedited settlement within a specified time frame. Authorizes the President to require, as a condition of expedited settlements or settlements with municipalities with respect to NPL landfills described under this Act, that a potentially responsible party waive some or all of the claims that the party may have against other potentially responsible parties for all response costs incurred at the facility.
Law· SS. 1507 (105th)enacted
United States · United States Congress · 9 November 1997
Makes technical corrections to the National Defense Authorization Act for Fiscal Year 1998.
Bill· SS. 1511 (105th)referred
United States · United States Congress · 9 November 1997
Amends the National Defense Authorization Act for Fiscal Year 1998 to: (1) include within the authority of the Secretary of Energy administrative control over facilities in the immediate area of Los Alamos National Laboratory, New Mexico; and (2) require Los Alamos County and the Pueblo of San Ildefonso (currently, the Secretary of the Interior) to submit to the Secretary of Energy an agreement for the allocation of Laboratory parcels identified for conveyance or transfer.
Bill· HRH.R. 3000 (105th)open
United States · United States Congress · 9 November 1997
TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.
Bill· HRH.R. 3022 (105th)open
United States · United States Congress · 9 November 1997
Amends Federal armed forces provisions to authorize the settlement and payment of claims against the United States for injury and death of military personnel and Department of Defense civilian employees arising from incidents in which claims are settled for the death or injury of foreign nationals. Directs the Secretary of the Treasury to report to the Congress on the payment of such claims.
Bill· HRH.R. 2986 (105th)open
United States · United States Congress · 9 November 1997
Directs the Secretary of the Treasury to pay a specified amount to the survivors of 14 military personnel and one civilian who were killed on April 14, 1994, when U.S. F-15 fighter aircraft mistakenly shot down two UH-60 Black Hawk helicopters in Iraq. Limits attorney fees in connection with such survivor claims. Requires a report from the Secretary to the Congress on payments made.
Bill· HRH.R. 2983 (105th)referred
United States · United States Congress · 9 November 1997
Caucasus Peace and Stability Act of 1997 - Declares that it is the policy of the United States to: (1) promote a negotiated settlement of the Nagorno-Karabagh conflict through active participation in the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE); (2) act as an impartial mediator, facilitating direct talks between Nagorno-Karabagh and Azerbaijan, and remain neutral on the status and security issues being negotiated by the parties to the conflict; (3) not take any action that would jeopardize the ongoing efforts of the OSCE Minsk Group to reach a peaceful solution to the conflict; and (4) foster confidence-building measures and help create incentives for peace which will lead to a lasting and equitable long-term settlement of the conflict. Sets forth the following prohibitions and requirements if the Government of Azerbaijan is engaging in armed aggression or renewed use of force against Armenia or Nagorno-Karabagh. Prohibits any U.S. person from operating or investing in Azerbaijan or trading in goods or services from Azerbaijan. Prohibits issuance of a license under the Arms Export Control Act for the export to Azerbaijan of any defense or dual-use article, service, or other technology. Directs the President to instruct the U.S. Executive Director of each international financial institution of which the United States is a member to use the U.S. voice and vote to oppose any loan or other utilization of the funds of the respective institutions to or from Azerbaijan. Authorizes the President to waive such prohibitions or requirements on a case-by-case basis if it is important to the U.S. national interest to do so.
Bill· HRH.R. 3010 (105th)referred
United States · United States Congress · 9 November 1997
United States-Caucasus Policy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance, to the countries of the South Caucasus (Armenia, Azerbaijan, and Georgia) and of Central Asia (Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan) to: (1) promote sovereignty and independence, democratic government, and respect for human rights; (2) assist in the resolution of regional conflicts and re-opening of closed borders; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. (Sec. 4) Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflict in Nagorno-Karabakh (Armenia and Azerbaijan) and other regional conflicts. (Sec. 5) Declares the sense of the Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. Declares the sense of the Congress that the United States should: (1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; (2) provide permanent nondiscriminatory trade treatment (most-favored-nation status) to such countries; and (3) consider the establishment of zero-to-zero tariffs between them and the United States. Declares the sense of the Congress that the U.S. representatives to the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. Declares the sense of the Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. Declares the sense of the Congress that the Voice of America and Radio Free Europe-Radio Liberty should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. Prohibits, unless important to the U.S. national interest, assistance to such countries if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have established any border closure or use of an economic blockade; (3) have knowingly transferred controlled missile or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (4) have supported acts of international terrorism; (5) are prohibited from receiving such assistance by specified Acts; or (6) have initiated an act of aggression against another state in the region. (Sec. 6) Directs the President to report annually to appropriate congressional committees.
Resolution· HCONRESH.Con.Res. 192 (105th)referred
United States · United States Congress · 9 November 1997
Urges the: (1) Secretaries of Defense and Veterans Affairs to plan and host a special event to commemorate the heroism of the Puerto Ricans in the 65th Infantry Regiment of the U.S. Army who fought in the Korean conflict and rescued the 1st Marine Division at Hugaru-ri and the 3d Army Infantry Division; and (2) American Battle Monuments Commission to provide a plaque at the Korean War Veterans Memorial to commemorate such Regiment.
Bill· SS. 1482 (105th)open
United States · United States Congress · 8 November 1997
Amends the Communications Act of 1934 to require anyone who, in interstate or foreign commerce in or through the World Wide Web, is engaged in the commercial distribution of material that is harmful to minors to restrict access to such materials by persons under 17 years of age. Provides criminal and civil penalties for violations of such requirement, as well as an affirmative defense. Directs the Attorney General, for the Internet web site of the Department of Justice, and the Federal Communications Commission for its web site, to each make available on such web sites a definition of material that is harmful to minors.
Bill· SS. 1473 (105th)open
United States · United States Congress · 8 November 1997
TABLE OF CONTENTS: Title I: Promotion of Commercial Space Opportunities Title II: Federal Acquisition of Space Transportation Services Commercial Space Act of 1997 - Title I: Promotion of Commercial Space Opportunities - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate: (1) a specified study that identifies and examines the opportunities for commercial providers to play a role in International Space Station activities, including operation, use, servicing, and augmentation; and (2) an independently-conducted market study that examines and evaluates potential industry interest in providing commercial goods and services for the operation, servicing, and augmentation of the International Space Station, and in the commercial use of the International Space Station (including updates to the cost savings and revenue estimates made in the preceding study, based on the external market assessment). Requires the Administrator to report to the Congress, no later than the submission of the President's annual budget request for FY 1999, stating the number of proposals (including solicited and unsolicited proposals) NASA received during 1997 regarding commercial operation, servicing, utilization, or augmentation of the International Space Station, and specifying for each of such categories the number of proposals received by NASA during the period specified and the number of agreements that NASA entered into in response to the proposals. (Sec. 102) Amends Federal law to include reentry vehicles and reentry operations within the scope of commercial space launch activities. Mandates an annual report. (Sec. 103) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to: (1) discontinue funding of the commercial launch voucher demonstration program through the Office of Commercial Programs within NASA (continues funding such program directly through NASA); and (2) extend the program indefinitely. (Sec. 104) Encourages the President to promote U.S. Global Positioning System standards. (Sec. 105) Directs NASA to purchase, to the maximum extent possible, space science data from a commercial provider. (Sec. 106) Directs the Administrator to: (1) acquire space-based and airborne Earth remote sensing data provided by a commercial provider for purposes of meeting Government goals for Mission to Planet Earth; and (2) conduct a study to determine the extent to which baseline scientific requirements of Mission to Planet Earth could be met by commercial providers, and how NASA will be able to meet baseline scientific requirements that cannot be met by commercial providers. Requires that the study be carried out as part of the Commercial Remote Sensing Program at NASA's Stennis Space Center. Title II: Federal Acquisition of Space Transportation Services - Requires the Federal Government to procure space transportation services from U.S. commercial providers in any case in which those services are required in the course of the activities of the Government, subject to exception. (Sec. 203) Makes conforming amendments to the Launch Services Purchase Act of 1990. Maintains the prohibition for the launching of commercial payloads as primary payloads on the space shuttle. (Sec. 204) Provides for authorized Federal uses of excess intercontinental ballistic missiles. (Sec. 205) Requires the Secretary of Defense to submit a specified report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House on national launch capability. (Sec. 206) Directs the Administrator to coordinate and administer the Commercial Space Center program from NASA headquarters in Washington, D.C.
Bill· HRH.R. 2948 (105th)open
United States · United States Congress · 8 November 1997
Workplace Religious Freedom Act of 1997 - Amends the Civil Rights Act of 1964 to modify the definition of "religion" to include all aspects of religious observance, practice, and belief unless, after initiating and engaging in an affirmative and bona fide effort, an employer demonstrates that it is unable to reasonably accommodate a religious observance or practice without undue hardship (action requiring significant difficulty or expense) on the conduct of the employer's business. Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee.
Bill· HRH.R. 2974 (105th)open
United States · United States Congress · 8 November 1997
Authorizes the Secretary of the Air Force to carry out six specified military construction projects (including design costs) for the 910th Airlift Wing, Youngstown Air Reserve Station, Youngstown, Ohio, in specified amounts. Authorizes appropriations for fiscal years beginning after 1998.
Bill· HRH.R. 2950 (105th)referred
United States · United States Congress · 8 November 1997
United States-Panama Security Act of 1997 - Bars U.S. assistance to Panama during any period in which a defense site or military installation located in Panama that was at any time part of a site or installation built or formerly operated by the United States has been conveyed by the Government of Panama to any foreign government-owned entity. Directs the President to instruct the U.S. representatives to the international financial institutions to oppose any loans or other assistance to Panama during any such period. Requires the President to report to the Congress on how Hutchison Whampoa, a Chinese firm with ties to the Chinese Government, was selected to receive a grant for management control of the Panamanian ports of Balboa and San Cristobal. Directs the Secretary of Defense to report to the Congress on: (1) the extent to which the control of such ports by such firm poses a threat to U.S. security; and (2) how U.S. strategic interests with respect to the Panama Canal will continue to be protected after the Government of Panama assumes sole responsibility for the defense of the Canal and becomes the only entity entitled to have military forces, defense sites, or military installations in Panama after December 31, 1999. Requires: (1) the Director of Central Intelligence to report annually to the Congress on the intelligence activities of China against or affecting U.S. interests in Panama; and (2) the Director of the Office of National Drug Control Policy to report to the Congress on the utility of maintaining a military presence in Panama for interdicting illegal drugs. Authorizes and directs the President to confer with the Government of Panama to renegotiate the terms of the Panama Canal Treaty and the Treaty Concerning the Neutrality and Operation of the Panama Canal or to negotiate a new agreement to supersede such treaties. Expresses the sense of the Congress that any negotiations should include: (1) a ban on foreign government investment in or management of the Canal and related projects; (2) the right to a continued U.S. military presence in Panama and a continued presence to interdict and eradicate illegal drug trafficking through Panama; and (3) the right to control or prohibit the use of the Canal by hostile powers, terrorist states, or criminal groups by redefining the terms of the 1977 Treaty Concerning the Neutrality and Operation of the Panama Canal.
Bill· HRH.R. 2929 (105th)referred
United States · United States Congress · 8 November 1997
Individual Social Security Retirement Accounts Act of 1997 - Amends the Internal Revenue Code to reduce social security taxes for eligible individuals, whether employed by others or self-employed, who elect to participate in the Individual Retirement Program (IRP) created under a new part B of title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) (part B eligible individual). Reduces the employers' tax for employers of such individuals. Leaves the respective tax rates at their current levels with respect to individuals who remain covered under the current OASDI program (redesignated as part A of SSA title II). (Sec. 3) Amends SSA title II to require, under new part B, that employers have in effect a social security payroll deduction plan for eligible employees who elect to enroll under it. Requires the plan to provide for employers to deduct five percent of the employee's wages, together with an employer contribution also equal to five percent of the employee's wages, for transfer to the employee's individual social security retirement (ISSR) account. Requires self-employed individuals to contribute ten percent of their income to such accounts. Makes employees between ages 18 and 61 who are not entitled to OASDI disability benefits eligible to elect to enroll under new part B. Entitles eligible individuals who attain age 62 to a supplemental minimum benefit payment to their ISSR accounts. Requires a trustee of an ISSR account to purchase, from amounts available in the account, disability insurance and preretirement survivor benefits for each account holder. Sets forth penalties for failure to establish and maintain a social security payroll deduction plan. Amends the Internal Revenue Code to require amounts deducted from employee wages to be shown on their wage receipts. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt social security payroll deduction plans from certain requirements for employee benefit plans. (Sec. 4) Amends the Internal Revenue Code to exclude from an individual's gross income: (1) any amount paid to an ISSR account as the employer's contribution; or (2) half of the amount paid to such an account of a self-employed individual. Exempts such accounts from taxation (except the excise tax on certain prohibited transactions). Provides for taxation of account distributions to the extent they are includible in gross income like social security benefits. Imposes an excise tax on excess contributions to an account. (Sec. 5) Amends SSA title II to declares that eligible individuals who have elected to establish ISSR accounts shall be deemed not entitled to OASDI benefits. (Sec. 6) Directs the Commissioner of Social Security to certify to the Secretary of the Treasury whether an eligible individual was credited with wages and self-employment income under SSA title II part A immediately before the first calendar year for which the individual may distribute amounts from an ISSR account. Provides that, immediately upon receipt of such certification, the Secretary shall issue a contribution recognition bond to the trustee of the ISSR account held by such individual. Defines a contribution recognition bond as consisting of an obligation of the United States to make monthly payments into an ISSR account in an amount equal to the individual's primary insurance amount. (Sec. 7) Provides for a phased-in increase in the social security retirement age, eventually to age 70 with respect to an individual who attains early retirement age after December 31, 2028. (Sec. 8) Amends SSA title II to provide for the application of adjusted percentages to average indexed monthly earnings in determining primary insurance amounts. (Sec. 9) Amends the Congressional Budget Act of 1974 to provide for off-budget treatment for specified social security reforms. (Sec. 10) Directs the Office of Personnel Management to study and report to the President and the Congress on the most appropriate and feasible means of providing for the application of this Act with respect to Federal civilian and military personnel.
Bill· HRH.R. 2946 (105th)referred
United States · United States Congress · 8 November 1997
Combat Merchant Mariners Veterans Benefits Act of 1997 - Provides that: (1) service in the U.S. merchant marine during a period of war for a total period equal to at least 12 months shall be considered active duty in determining eligibility for veterans' benefits; and (2) such service may be verified by entries in a continuous discharge book, a certificate of discharge to merchant seamen, a certificate of substantially continuous service, or other documentation available from the Secretary of Transportation or the head of any other Federal agency. Limits eligibility. Specifies that: (1) the minimum active-duty service requirement of any law administered by the Department of Veterans Affairs shall apply in determining eligibility for veterans' benefits under this Act; (2) the 12-month requirement under this Act shall not apply to an individual who is permanently disabled in the performance of such service while the vessel is subjected to hostile action; and (3) such service may have been rendered before, on, or after the date of enactment of this Act, with a limitation.
Bill· SS. 1415 (105th)reported
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VI: Provisions Relating to Tobacco-Related Civil Actions Title VII: Public Disclosure of Health Research Title VIII: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title IX: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating them a class II device) and exclude them from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after that if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, upon determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1)drugs and devices that endanger health when used as directed; (2) banned devices; (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations that tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 402) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for other expenses relating to treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action in the amount of any award that represents punitive damages. (Sec. 405) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 412) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 413) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 414) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 512) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 513) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 522) Requires States to report annually on tobacco use reduction. (Sec. 523) Presumes that a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VI: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 602) Regulates authorized actions relating to conduct before the effective date of this Act, including punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 603) Regulates actions relating to conduct after enactment of this Act. (Sec. 604) Makes this title inapplicable to nonsignatories. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title VIII: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the LEAF Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 812) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 824) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 832) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title IX: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the FDCA to Indian country. (Sec. 903) Allows State and local governments, to the extent not inconsistent with this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.
Bill· SS. 1414 (105th)open
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: National Tobacco Settlement Trust Fund Title V: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VII: Provisions Relating to Tobacco-Related Civil Actions Title VIII: Public Disclosure of Health Research Title IX: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title X: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating each a class II device) and exclude each from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after then if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, on determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1) drugs and devices that endanger health when used as directed; (2) banned devices, (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund. Transfers to the Fund surcharges under section 205, payments under section 402, and fines and penalties under section 403. Authorizes appropriations to the Fund, as repayable advances, as necessary to carry out title V and for Food and Drug Administration costs incurred in implementing and enforcing requirements relating to tobacco products. (Sec. 402) Requires each Protocol signatory (see section 612) to make payments to the Fund on enactment of this Act and annually over 25 years. Provides for amount calculations. Requires payors to annually adjust tobacco product prices to reflect the payments. Makes payments ordinary and necessary business expenses for purposes of certain Internal Revenue Code provisions and declares them deductible in the year paid. (Sec. 403) Imposes a penalty on the failure of a signatory to make any required payment. Title V: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 502) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action of the amount of any award that represents punitive damages. (Sec. 505) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 512) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 513) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 514) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - (Sec. 511) Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including regarding manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 612) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 613) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 622) Requires States to report annually on tobacco use reduction. (Sec. 623) Presumes a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VII: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 702) Regulates allowed actions relating to conduct before the effective date of this Act, including regarding punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 703) Regulates actions relating to conduct after enactment of this Act. (Sec. 704) Makes this title inapplicable to nonsignatories. Title VIII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title IX: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the Leaf Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 912) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 924) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 932) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title X: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act to Indian country. (Sec. 1003) Allows State and local governments, to the extent not inconsistent with the purposes of this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.
Bill· SS. 1428 (105th)referred
United States · United States Congress · 7 November 1997
Authorizes the President, notwithstanding certain time limitations, to award the Medal of Honor to Robert R. Ingram of Jacksonville, Florida, for acts of valor as a Navy hospital corpsman during the Vietnam War.
Bill· SS. 1406 (105th)referred
United States · United States Congress · 7 November 1997
Provides for the issuance of burial flags for deceased members or former members of the Selected Reserve who were: (1) serving in the Selected Reserve at the time of death; (2) had served at least one enlistment or period of initial obligated service and was discharged under not less than honorable conditions; or (3) was discharged under such conditions due to a disability incurred or aggravated in the line of duty during their initial enlistment or obligated service.
Bill· HRH.R. 2922 (105th)open
United States · United States Congress · 7 November 1997
Authorizes the Secretary of Defense to assign members of the armed forces to assist: (1) the Immigration and Naturalization Service (INS) in preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States; and (2) the U.S. Customs Service (Customs) in the inspection of cargo, vehicles, and aircraft at U.S. points of entry. Allows such assignment only at the request of the Attorney General (for the INS) or Secretary of the Treasury (for Customs). Requires the Attorney General or the Secretary of the Treasury, together with the Secretary of Defense, to establish a training program for members so assigned. Requires a civilian law enforcement official to accompany each member performing such a function. Requires notification to the appropriate State of military personnel so assigned. Terminates the assignment authority after September 30, 2001.
Bill· HRH.R. 2898 (105th)open
United States · United States Congress · 7 November 1997
B-2 Bomber Production Limitation Act - Prohibits the Secretary of the Air Force from contracting for any B-2 bomber aircraft beyond the 21 aircraft already delivered to the Air Force or under contract. Prohibits funds appropriated to the Air Force for research, development, test, evaluation, or procurement of aircraft from being obligated for B-2 aircraft other than for completion of production of the 21 aircraft, their modification, and closure of the production line.
Bill· HRH.R. 2919 (105th)referred
United States · United States Congress · 7 November 1997
TABLE OF CONTENTS: Title I: National Advisory Board on Adoption Title II: Adoption Data Collection System Title III: Adoption Education Programs Title IV: Adoption Benefits for Federal Employees and Military Personnel Title V: Adoption Credit Made Permanent for Adoptions of Children Without Special Needs Title VI: Maternal Health Certificates Program Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities Title VIII: Sense of Congress Regarding Changes in State Adoption Laws Omnibus Adoption Act of 1997 - Title I: National Advisory Board on Adoption - Establishes the National Advisory Board on Adoption to monitor program implementation under this Act and make recommendations to the Congress. Title II: Adoption Data Collection System - Requires the Secretary of Health and Human Services to submit a status report to the Congress on implementation of a certain data collection system required under the Social Security Act. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award social work graduate school fellowships for work in innovative programs on the effects of adoption on the parties involved. Authorizes appropriations. (Sec. 302) Directs the Secretary of Education to award grants to the States for implementation of adoption education programs. Authorizes appropriations. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law to set forth adoption benefits for Federal employees and military personnel. Directs the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Transportation to coordinate their efforts in implementing this Act and to consult with the National Advisory Board on Adoption. Title V: Adoption Credit Made Permanent for Adoptions of Children Without Special Needs - Amends the Internal Revenue Code to make permanent: (1) the tax credit for adoptions of children without special needs; and (2) the exclusion from an employee's gross income of any amounts paid or expenses incurred by the employee's employer for qualified adoption expenses. Expresses the sense of the Congress that after studies have been done to evaluate the impact of the credit for adoption expenses for children without special needs, consideration should be given to making such credit a refundable credit. Title VI: Maternal Health Certificates Program - Directs the Secretary to establish a maternal health certificates program to cover maternity and housing services facility expenses incurred by eligible pregnant women. Authorizes appropriations. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to implement a grant program to assist eligible nonprofit entities to rehabilitate buildings for use as housing and services facilities for eligible pregnant women. Authorizes appropriations. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that the States should adopt a specified statutory adoption scheme, including certain health plan benefits.
Bill· HRH.R. 2910 (105th)referred
United States · United States Congress · 7 November 1997
Mercury Environmental Risk and Comprehensive Utilization Reduction Initiative - Amends the Solid Waste Disposal Act (SWDA) to prohibit the sale or offering for sale of an alkaline or lead-acid battery unless the container is clearly labeled with a refund value, to be determined by the Administrator of the Environmental Protection Agency according to class or category. Requires distributors of batteries to collect amounts of refund values from retailers and retailers to collect such amounts from consumers. Establishes procedures for return of refund values (and handling costs) and disposition of refunds that are unclaimed or in excess of amounts collected. Makes amounts of unclaimed refunds available for pollution prevention and recycling programs in the State. Prohibits disposal of such a battery by a retailer or distributor in any landfill or other solid waste disposal facility. Makes the refund program's requirements inapplicable in States with procedures substantially identical to those imposed by this Act or which demonstrate a battery recycling or reuse rate of at least 70 percent. Establishes civil penalties for violations of refund program requirements. Prohibits, with stated exceptions, the intentional introduction of mercury to packaging or a packaging component during manufacturing or distribution. Sets threshold levels for mercury presence in packaging or components. Requires manufacturers and suppliers to furnish certificates of compliance to purchasers and make such certificates available, upon request, to the public. Establishes civil penalties for violation of these prohibitions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the Administrator from registering or reregistering any fungicide containing phenylmercuric acetate and cancels existing registrations of such fungicides. Requires the Administrator to study and report to the Congress on the use and disposal of mercury by the Department of Defense. Requires the Secretary of Defense to submit a program to the Congress for reducing mercury use in military products. Amends SWDA to prohibit Federal agencies, State and local governments, and other waste management jurisdictions, after December 31, 1998, from issuing a permit or other prior approval for the construction or expansion of a municipal solid waste incinerator unless the applicant completes an environmental impact statement. Requires State solid waste plans to provide for separation, for recycling purposes, of mercury-containing items to be listed by the Administrator, including batteries, fluorescent light bulbs, electrical switches, and thermostats. Amends the Clean Air Act to remove an exemption of electric utility steam generating units from the applicability of standards promulgated by the Administrator regarding certain hazardous air pollutants. Requires as part of a permit program administered by an air pollution control agency, in the case of such generating units and municipal and medical waste incinerators, the imposition of an additional fee of $500 per pound of mercury emissions from the unit or a greater amount determined to be necessary to cover the costs of a program to research technologies to reduce mercury emissions and remediate mercury contamination. Requires the Secretary of Health and Human Services, through the Food and Drug Administration, to: (1) compile a list of drugs and foods containing intentionally introduced mercury compounds, together with a quantitative and qualitative analysis of such compounds; and (2) study the effect on humans of the use of such compounds in nasal sprays.
Bill· HRH.R. 2916 (105th)referred
United States · United States Congress · 7 November 1997
Directs the Secretary of the Air Force to convey to the city of La Junta, Colorado, all U.S. rights and interest to the unused Air Force housing facility in La Junta.
Bill· HRH.R. 2896 (105th)open
United States · United States Congress · 7 November 1997
Police Pursuit and Rescue Support Act - Authorizes and encourages the Secretary of Defense to make military helicopters and their crews available, upon request, to assist State and local law enforcement agencies to perform law enforcement and rescue operations.
Bill· HRH.R. 2887 (105th)open
United States · United States Congress · 7 November 1997
Makes title III of the Federal Property and Administrative Services Act of 1949 (regulating the Federal procurement of property and services) applicable to any contract for services or supplies on account of any property acquired by the Secretary of Veterans Affairs for housing and small business loans to veterans.
Bill· HRH.R. 2885 (105th)open
United States · United States Congress · 7 November 1997
Authorizes the American Battle Monuments Commission to establish on Federal land in the District of Columbia area a memorial to: (1) honor the military and civilian personnel of the Department of Defense, members of the intelligence community and the foreign service, and others who served the United States in pursuit of its Cold War aims; and (2) commemorate U.S. involvement in that conflict. Creates in the Treasury a fund for Commission expenses in establishing the memorial.
Bill· HRH.R. 2907 (105th)referred
United States · United States Congress · 7 November 1997
Nonself-Destructive Landmine Stockpile Elimination Act - Directs the Secretary of Defense, no later than December 31, 1998, to demilitarize the U.S. stockpile of the M14 and M16 antipersonnel landmines, and the M15, M19, and M21 antitank landmines. Prohibits any Department of Defense funds from being used for the acquisition of any such landmine or for any other antipersonnel or antitank landmine that is not self-destructive. Directs the Secretary to certify to the Congress whether such demilitarization compliance would adversely affect the U.S. national security interest. Terminates such demilitarization and prohibition upon a positive certification. Expresses the sense of the Congress that all other nations should take steps to eliminate nonself-destructive landmines from their military inventories.
Resolution· HCONRESH.Con.Res. 189 (105th)referred
United States · United States Congress · 7 November 1997
Revises the concurrent resolution on the budget for FY 1998 to: (1) increase new budget authority and budget outlays for social security administrative expenses for FY 1999 through 2002; and (2) mandate an offsetting decrease in new budget authority and budget outlays for national defense for the same period.
Bill· SS. 1385 (105th)open
United States · United States Congress · 6 November 1997
Justice for Atomic Veterans Act of 1997 - Includes in the list of diseases presumed to be service-connected, in the case of radiation-exposed veterans, and therefore compensable for purposes of veterans' disability compensation and medical care, the following: lung, bone, skin, colon, ovarian, and rectal cancer, posterior subcapsular cataracts, non-malignant thyroid nodular disease, parathyroid adenoma, and tumors of the brain and central nervous system.
Bill· SS. 1387 (105th)referred
United States · United States Congress · 6 November 1997
Iran Missile Protection Act of 1997 - Directs the Secretary of Defense to enter into discussions with the Government of Russia to obtain information on: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian ballistic missile capabilities. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information. Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for FY 1998 for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Directs the Secretary to report to the Congress on U.S. infrastructure changes in the Persian Gulf, Middle East, and surrounding areas that could improve the ability of U.S. armed forces to support attack operations in such areas. Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril. Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions.
Resolution· SCONRESS.Con.Res. 64 (105th)open
United States · United States Congress · 6 November 1997
Makes corrections in the enrollment of H.R. 1119 (Department of Defense authorization).
Bill· HRH.R. 2835 (105th)open
United States · United States Congress · 6 November 1997
Amends Federal law incorporating the American Legion to revise a qualifying date of military service for Legion membership purposes.
Bill· HRH.R. 2858 (105th)open
United States · United States Congress · 6 November 1997
TABLE OF CONTENTS: Title I: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title II: Health Care Provisions Subtitle A: Health Care Services Subtitle B: Tricare Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Subtitle F: Persian Gulf Illness Title III: Military Construction, Army Title IV: Military Construction, Navy Title V: Military Construction, Air Force Title VI: Military Construction, Defense Agencies Title VII: North Atlantic Treaty Organization Security Investment Program Title VIII: Guard and Reserve Forces Facilities Title IX: Expiration and Extension of Certain Authorizations Title X: General Military Construction Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Subtitle E: Other Matters Title XI: Sikes Act Improvement Military Readiness Act of 1997 - Title I: 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 the rates of basic pay by 2.8 percent, effective January 1, 1998. (Sec. 102) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary of Defense (Secretary) to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date. (Sec. 103) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance). (Sec. 104) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 105) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 114) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999. (Sec. 116) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.) (Sec. 117) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus. (Sec. 118) Increases the variable and additional special pays for dental officers with specified years of creditable service. (Sec. 119) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location. (Sec. 121) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 122) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service. (Sec. 123) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour. (Sec. 124) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 125) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation. (Sec. 126) Increases from $75 to $100 the monthly family separation allowance. (Sec. 127) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.) Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences. (Sec. 132) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 142) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 143) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees. (Sec. 144) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. (Sec. 145) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees. Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment. Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty. (Sec. 152) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces. (Sec. 153) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. (Sec. 154) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945. (Sec. 155) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report. Title II: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan. (Sec. 202) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. (Sec. 203) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity. Subtitle B: Tricare Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative. Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements. (Sec. 222) Requires a designated provider to be considered part of the Department of Defense (DOD) for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement. (Sec. 223) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees. Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel. (Sec. 232) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas. (Sec. 233) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees. (Sec. 234) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 235) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act. (Sec. 236) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations. (Sec. 237) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary. (Sec. 238) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS. (Sec. 239) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities. Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services. (Sec. 242) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 243) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force operation and maintenance (O&M) funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect. (Sec. 244) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 245) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception. (Sec. 246) Directs the Comptroller General (CG) to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted). (Sec. 249) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries. (Sec. 250) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region. (Sec. 251) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents. (Sec. 252) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees. Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness. (Sec. 263) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness. (Sec. 264) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care. (Sec. 265) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation. (Sec. 266) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects. (Sec. 267) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation. (Sec. 268) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards. (Sec. 269) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses. (Sec. 270) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions. (Sec. 271) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness. Title III: Military Construction, Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 305) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title IV: Military Construction, Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico. Title V: Military Construction, Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 505) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title VI: Military Construction, Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 604) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 605) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 607) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California. (Sec. 608) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. Title VII: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title VIII: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 802) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana. (Sec. 803) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs. Title IX: Expiration and Extension of Certain Authorizations - Terminates all authorizations contained in titles III through VIII of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. (Sec. 906) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico. Title X: General Military Construction Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies. (Sec. 1002) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million. (Sec. 1003) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts. (Sec. 1004) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. (Sec. 1005) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities. Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold. (Sec. 1012) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification. (Sec. 1013) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions. (Sec. 1014) Prohibits the Secretary concerned from conveying any real property unless the Administrator of General Services has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances. (Sec. 1015) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. (Sec. 1016) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland. Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned. (Sec. 1022) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. (Sec. 1023) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws. (Sec. 1024) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round. (Sec. 1025) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems. (Sec. 1026) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition. Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 1038) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant. (Sec. 1039) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina. Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay. (Sec. 1053) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian. Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order. (Sec. 1062) Authorizes the Secretary of the Air Force to convey to: (1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor. (Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina. Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained. (Sec. 1072) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative. (Sec. 1073) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, a late Member of the House of Representatives. (Sec. 1074) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible. Title XI: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans. (Sec. 1106) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose. (Sec. 1107) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans. (Sec. 1108) Authorizes multiyear cooperative agreements for plan implementation. (Sec. 1109) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. (Sec. 1110) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance. (Sec. 1114) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.
Law· SS. 1377 (105th)enacted
United States · United States Congress · 5 November 1997
Amends Federal law incorporating the American Legion to revise a qualifying date of military service for Legion membership purposes.
Bill· SS. 1373 (105th)referred
United States · United States Congress · 5 November 1997
TABLE OF CONTENTS: Title I: Political Relationship Title II: Applicability of Federal Law Title III: Foreign Affairs and Defense Title IV: Courts Title V: Trade Title VI: Taxation Title VII: Immigration Title VIII: Labor Title IX: Transportation and Telecommunications Title X: Land, Natural Resources, and Utilities Title XI: United States Financial Assistance Title XII: Technical Amendments and Interpretation Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution and within specified guidelines. (Sec. 102) Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. (Sec. 103) Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam. (Sec. 202) Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. (Sec. 203) Creates the Joint Commission on the Applicability of Federal Law. (Sec. 204) Authorizes the President to delegate to the Governor of Guam performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. (Sec. 302) Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. (Sec. 304) Prohibits the United States from using Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the cleanup by the United States of chemical dump sites used by the military. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. (Sec. 404) Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area. (Sec. 501) Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on certain imports and exports. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax to be known as the Guam Commonwealth income tax. (Sec. 603) Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. (Sec. 604) Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. (Sec. 605) Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. (Sec. 702) Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. (Sec. 802) Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. (Sec. 901) Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission to examine the applicability of such laws and to recommend their termination upon determining that such laws constrain Guam's economic development. (Sec. 902) Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and national defense interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. (Sec. 903) Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources, and Utilities - Grants the Government of Guam the power of eminent domain. (Sec. 1001) Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. (Sec. 1003) Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. (Sec. 1004) Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States equally applicable to Guam. (Sec. 1104) Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bastions in the Far East. (Sec. 1105) Provides for assistance to aid Guam's transition to a Commonwealth. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. (Sec. 1204) Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam in specified phases.
Law· SS. 1364 (105th)enacted
United States · United States Congress · 4 November 1997
TABLE OF CONTENTS: Title I: Department of Agriculture Title II: Department of Defense Title III: Education Title IV: Department of Energy Title V: Environmental Protection Agency Title VI: Department of Health and Human Services Title VII: Department of Housing and Urban Development Title VIII: Indian Affairs Title IX: Department of the Interior Title X: Department of Justice Title XI: NASA Title XII: Nuclear Regulatory Commission Title XIII: OMB, OPM, and GSA Title XIV: Trade Title XV: Department of Transportation Federal Reports Elimination Act of 1997 - Repeals and modifies requirements for specified Federal reports.