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Law· HRH.R. 2607 (105th)enacted
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Fiscal Year 1998 Appropriations Title II: District of Columbia Medical Liability Reform Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia Subtitle B: General Provisions Subtitle C: Effective Date Title III: District of Columbia Education Reform Act of 1997 Subtitle A: Amendments to District of Columbia School Reform Act of 1995 Subtitle B: Student Opportunity Scholarships Subtitle C: Other Education Reforms District of Columbia Appropriations, Medical Liability Reform, and Education Reform Act of 1998 - Makes appropriations for the District of Columbia for FY 1998. Title I: Fiscal Year 1998 Appropriations - District of Columbia Appropriations Act, 1998 - Appropriates Federal funds for: (1) the contribution to the operation of the District government; (2) the Office of the Inspector General; (3) a five percent pay increase for police officers who perform nonadministrative public safety services and meet certain minimum standards; (4) a five percent pay increase for uniformed fire fighters; (5) the public schools; (6) payment to the District's Corrections Trustee; (7) payment to the District's Corrections Trustee for Correctional Facilities; (8) payment to the District's criminal justice system; (9) the U.S. Park Police; and (10) the District of Columbia Scholarship Fund. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) the District of Columbia Taxpayers Relief Fund; (2) the District of Columbia Deficit Reduction Fund; (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; (9) the Washington Convention Center Enterprise Fund; (10) repayment of loans and interest; (11) repayment of the general fund recovery debt; (12) payment of interest on short-term borrowing; (13) certificates of participation; (14) human resources development; (15) the Management Reform and Productivity Fund; (16) critical improvements and repairs to school facilities and streets; (17) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (18) the Water and Sewer Authority and the Washington Aqueduct; (19) the Lottery and Charitable Games Enterprise Fund; (20) the Cable Television Enterprise Fund; (21) the Public Service Commission; (22) the Office of the People's Counsel; (23) the Department of Insurance and Securities Regulation; (24) the Office of Banking and Financial Institutions; (25) the Starplex Fund; (26) the District of Columbia (D.C.) General Hospital; (27) the D.C. Retirement Board; (28) the Correctional Industries Fund; and (29) capital outlay. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 128) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Bars the use of funds made available in this Act to enforce the Health Care Benefits Expansion Act of 1992 or to implement any system of registration of unmarried, cohabitating couples for purposes of extending employment, health, or governmental benefits to such couples on the same basis as extended to married couples. (Sec. 136) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 138) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to authorize District government agency heads, during FY 1998, to identify positions for abolishment. Requires any District employee in such a position, regardless of hiring date, to be separated without competition or assignment rights, except as provided by this section. Entitles an affected employee who, but for this section, would be entitled to compete for retention, to one round of lateral competition limited to positions in the employee's competitive level. Adds five years to the creditable service of employees who are bona fide District residents for reduction-in-force purposes. Considers certain nonresident District employees to be residents as well. Sets forth provisions regarding notification, contests of determinations or separations, and severance pay. Requires the Mayor to submit a listing of all positions to be abolished to the Council by March 1, 1998, or upon the delivery of termination notices to individual employees. Restricts providers from whom District employees may receive disability compensation services to District government medical officers and hospitals or physicians or managed care organizations approved by the Mayor. (Currently, employees have the option of choosing services by physicians or hospitals approved by the Mayor.) (Sec. 139) Establishes a ceiling on total operating expenses for the District for FY 1998. Sets forth conditions under which grants excluded from such ceiling may be accepted. Repeals provisions of certain laws which authorize the Authority and the Water and Sewer Authority to expend non-appropriated funds derived from interest or excess revenues. (Sec. 140) Amends the District of Columbia Home Rule Act to grant the Chief Financial Officer (CFO) authority to appoint and remove specified accounting, budget, and financial personnel, including employees of the District Lottery and Charitable Games Control Board. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. Prohibits the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's jurisdiction. Adds administering the District's Medicaid plan to the list of the CFO's duties. Sets forth procedures and conditions for removal of the CFO by the Authority or the Mayor. (Sec. 141) Prohibits any person from having disability status, for purposes of any District retirement program for teachers, police, or fire fighters, unless the determination of status is made by a single entity designated by the District to make such determinations. Requires the Mayor, by January 1, 1998, and every six months thereafter, to engage an enrolled actuary to provide an analysis of the actuarial impact of disability retirements occurring during the previous six-month period on the police and fire fighter retirement programs. (Sec. 142) Sets forth Buy-American requirements. (Sec. 143) Requires all Special Masters appointed by the District Superior Court or the U.S. district court for the District circuit to any District government agency to submit annual estimates of expenditures and appropriations to the Authority for inclusion in the annual budget. (Sec. 144) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to bar the commencement of corrective or adverse actions, for members of the Metropolitan Police Department, more than 120 days after the date the agency knew or should have known of the act allegedly constituting cause for action. (Sec. 145) Requires the Department to change the advance notice required to be given to officers for out-of-schedule assignments from 28 to 14 days. Bars overtime for such assignments if the Department provides the officer with 14 days' advance notice of the assignment change. (Sec. 146) Requires any unused surplus at the end of the fiscal year to be used to reduce the District's outstanding accumulated deficit, except as otherwise provided by this Act. (Sec. 148) Increases the salary of a sworn officer of the Metropolitan Police Department by five percent if the officer: (1) performs primarily nonadministrative public safety services; and (2) is certified by the Chief of the Department as having met certain minimum standards. (Sec. 149) Amends the District of Columbia Home Rule Act to prohibit the Council from enacting any act or rule which increases the payment for any individual under the Temporary Assistance for Needy Families Program to an amount greater than that provided under the District of Columbia Public Assistance Act of 1982, as in effect on the day after the effective date of the Public Assistance Temporary Amendment Act of 1997. (Sec. 151) Requires the Water and Sewer Authority to impose liens against properties with past due payments of 60 days or more. (Sec. 152) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1985 to prohibit the Authority from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's or Inspector General's jurisdiction. (Sec. 153) Requires the CFO to enter into a contract with a private entity for: (1) establishing an update of the present financial management system by June 30, 1998, to provide for the accurate and timely input and processing of financial data and the generation of reliable output reports; and (2) executing a process in accordance with "best practices" procedures of the information technology industry to determine the need for further improving such system. Sets forth short-term financial management system improvements. Directs a private entity to certify whether the District has implemented policies that will result in a disciplined approach to the acquisition of such system. Withholds funds for system replacement and improvement (excepting funds for the contracts described in this section) until certain Federal and District officials certify to specified congressional committees that the District has implemented such policies. (Sec. 154) Bars the use of funds made available under any Act to carry out any contract to conduct an annual audit of the complete financial statement and report of District activities for FY 1997 or any succeeding fiscal year unless the contract is entered into by the District Inspector General. Amends the District of Columbia Procurement Practices Act of 1985 to prohibit the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the Inspector General's jurisdiction. Sets forth procedures and conditions for removal of the Inspector General by the Authority or the Mayor. Requires District permit or license application forms to include the telephone number established by the Inspector General for reporting waste, fraud, and abuse. Directs the Inspector General to make quarterly reports to the Congress on the number and nature of calls and on the waste, fraud, and abuse detected as a result of such calls. (Sec. 155) Requires the use of direct deposit or checks through the mail for payments made by the District during FY 1998 or succeeding fiscal years. (Sec. 156) Sets forth information to be included in the District's independent annual audit. Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to provide for annual audits of the Authority. (Sec. 157) Amends the Uniform Disposition of Unclaimed Property Act of 1980 to shorten the time period under which specified unclaimed personal property shall be presumed to be abandoned. Sets forth criteria for the presumption of abandonment and updates reporting requirements for holders of such property. Requires holders of such property to notify owners of possession only if they have an accurate address and the value of the property is at least $50. Imposes a waiting period on the sale of such property. Bars any action by the Mayor to enforce reporting, delivery, or payment requirements with respect to such property more than ten years after the holder identified the property in a report to the Mayor or gave notice of a dispute regarding the property. Tolls the period of limitation in the absence of such report or notice. Prescribes penalties for failures to report, pay, or deliver property as required. (Sec. 158) Prohibits the use of funds made available in any Act by the District to obtain borrowing to finance or refund the accumulated general fund deficit existing as of September 30, 1997. Repeals provisions of the District of Columbia Revenue Act of 1939 and the District of Columbia Home Rule Act which permit the Secretary to make advances of funds to assist in liquidating such deficit and which authorize the issuance of general obligation bonds for such purpose, respectively. Amends the District of Columbia Home Rule Act to prohibit the District from borrowing any funds or issuing any bonds, notes, or obligations to repay any other borrowing or issuance unless: (1) the aggregate cost of the new borrowing or issuance does not exceed the aggregate cost of the original borrowing or issuance; and (2) the date provided for the final repayment of the new borrowing or issuance is not later than the date provided for the final repayment of the original borrowing or issuance. Requires all general obligation bonds to be sold at public sales. (Currently, private sales are authorized as well.) (Sec. 159) Reopens the portion of Pennsylvania Avenue in front of the White House to regular vehicular traffic beginning January 1, 1998. (Sec. 160) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require the Secretary, during any control year, to deposit the Federal contribution to the District into an escrow account held by the Authority, which shall allocate such funds to the Mayor. (A control year is any year in which a financial plan and budget approved by the Authority is in effect for periods in which the District is unable to meet certain financial obligations.) Requires District government officials or employees to provide specified congressional committees with information and materials upon request. Bars the use of funds made available in any Act by the District to grant a permit to any person to provide helicopter tours of the District. Title II: District of Columbia Medical Liability Reform - Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia - District of Columbia Medical Liability Reform Act of 1997 - Prohibits a District health care liability action from being brought after the two-year period beginning on the date the alleged injury was, or should have been, discovered. Bars actions five years after the alleged injury occurred. (Sec. 203) Limits noneconomic damages in such actions to $250,000. Permits only several, and not joint, liability with respect to noneconomic damages. (Sec. 204) Permits the award of punitive damages if the claimant establishes that the harm suffered was the result of conduct intended to cause harm or manifesting a conscious, flagrant indifference to the rights or safety of others. Limits punitive damages to the greater of three times the amount of damages awarded for economic loss or $250,000. (Sec. 205) Bars punitive damages against manufacturers or product sellers of drugs or medical devices which caused the claimant's harm if such a drug or device was subject to premarket approval or was approved by the Food and Drug Administration (FDA) or is generally recognized as safe and effective pursuant to FDA regulations. Absolves such manufacturers or product sellers from liability for punitive damages related to actions regarding tamper-resistant packaging unless the packaging or labeling is substantially out of compliance with Department of Health and Human Services regulations. (Sec. 206) Provides for periodic payments in cases where future and noneconomic losses exceed $50,000. (Sec. 207) Authorizes defendants in District health care liability actions to introduce evidence of collateral source payments. Bars providers of such payments from recovering amounts against claimants. Subtitle B: General Provisions - Makes this title inapplicable to actions for damages from vaccine-related injuries or death to the extent that the Public Health Service Act applies to such actions or actions under the Employee Retirement Income Security Act of 1974. Preempts District law to the extent such law is inconsistent with the limitations contained in this title. Provides that this title shall not preempt laws that provide additional defenses or limits to liability. Subtitle C: Effective Date - Applies this title to any District health care liability action and to any claim subject to an alternative dispute resolution system initiated after this title's enactment date. Requires actions or claims arising from injuries occurring prior to such date to be governed by the statute of limitations in effect at the time the injury occurred. Title III: District of Columbia Education Reform Act of 1997 - Subtitle A: Amendments to District of Columbia School Reform Act of 1995 - District of Columbia Education Reform Amendments Act of 1997 - Amends the District of Columbia School Reform Act of 1995 to remove the termination date for such Act. (Sec. 303) Revises the timetable for the approval of public charter school petitions. (Sec. 304) Increases the maximum allowable number of trustees for such schools. (Sec. 305) Requires the Mayor to lease certain unused or current school facilities or properties, at an annual rate of one dollar, to eligible charter school applicants whose petitions have been conditionally approved or a Board of Trustees, subject to certain conditions. Terminates such leases upon: (1) denial of an application to renew, or revocation of, a charter; (2) entry of a judicial order upholding denial or revocation; or (3) termination of a conditional approval. (Sec. 307) Provides for adjustments of annual payments for: (1) schools serving a high number of students to whom room and board in a residential setting are provided; and (2) public charter schools, upon request, to take into account leases or purchases of, or improvements to, real property. (Sec. 309) Revises provisions regarding payments for new schools. Establishes the New Charter School Fund for making annual payments for certain new public charter schools. Authorizes appropriations. (Sec. 310) Changes the eligibility criteria for a specified grant to a private, nonprofit corporation to eliminate the requirement that the business organization be a national organization. Subtitle B: Student Opportunity Scholarships - Authorizes the establishment of a private, nonprofit corporation to be known as the District of Columbia Scholarship Corporation. Establishes the District of Columbia Scholarship Fund in the Treasury. Authorizes appropriations. Requires the Corporation to implement a schedule and procedures for processing student scholarship applications. Lists eligibility requirements for institutions desiring certification for participation in the scholarship program. (Sec. 343) Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to students in kindergarten through grade 12 who are District residents and whose family income does not exceed 185 percent of the poverty line. Sets forth authorized uses of such scholarships, including the payment of tuition and fees at private or independent schools in Maryland and Virginia. (Sec. 349) Requires participating institutions to make annual reports on scholarship students. (Sec. 350) Directs the Comptroller General to enter into a contract for an independent evaluation of the scholarship program, including comparisons of test scores and graduation rates of scholarship students and District public school students of similar backgrounds, parent satisfaction with the program, and the impact of the program on District public schools. Authorizes appropriations. (Sec. 351) Grants the U.S. district court for the District circuit jurisdiction in actions challenging the scholarship program and makes district court orders reviewable by appeal directly to the Supreme Court. (Sec. 352) Makes this subtitle effective for FY 1998 through 2002. Subtitle C: Other Education Reforms - Reduces the number of full-time equivalent employees of District public schools whose principal duty is not classroom instruction. (Sec. 362) Requires District public schools to implement performance benchmarks for teachers, based on student ability to improve by at least one grade level each year on standardized tests, and to establish incentives to encourage teachers to meet such benchmarks. (Sec. 363) Provides for a waiver of certain contracting requirements with respect to construction or maintenance projects in District public schools. (Sec. 364) Makes real property of labor organizations located in the District subject to taxation by the District in the same manner as similar organizations. (Sec. 365) Requires District public school supervisory personnel to be appointed by, and act under the control of, the Emergency Transitional Education Board of Trustees. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (Sec. 366) Directs the District Auditor to report to the Congress and specified District entities on the number, and average daily attendance, of students enrolled in public schools. (Sec. 367) Requires the District public schools to submit budgets for FY 1998 for each elementary and secondary school to the Congress. (Sec. 368) Bars the use of funds made available in any Act by the District public schools to provide classroom instruction or child care services to any minor whose parent or guardian does not supply the schools with proof of the State of the minor's residence. (Sec. 369) Prohibits the use or transfer of funds made available in any Act for the District of Columbia School of Law if the school is not fully, unconditionally accredited by the American Bar Association by January 31, 1998. Excepts funds provided to assist students enrolled at the school who are District residents in paying tuition for enrollment at other law schools in the Washington area. (Sec. 370) Waives civil liability for acts or omissions of any person voluntarily providing goods or services to the District public schools. Makes such waiver inapplicable if the act or omission involved gross negligence or an intentional tort or is criminal in nature.
Bill· SS. 1250 (105th)open
United States · United States Congress · 3 October 1997
TABLE OF CONTENTS: Title I: Authorization of Appropriations Subtitle A: Authorizations Subtitle B: Limitations and Special Authority Title II: International Space Station Title III: Miscellaneous Provisions National Aeronautics and Space Administration Authorization Act for Fiscal Years 1998 and 1999 - Title I: Authorization of Appropriations - Subtitle A: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight; (2) science, aeronautics, and technology; (3) mission support; and (4) the Inspector General. Subtitle B: Limitations and Special Authority - Sets forth funds uses, limitations, and special authorities. Title II: International Space Station - Directs the Administrator to make specified commercialization reports with respect to the International Space Station. (Sec. 203) Prohibits: (1) transfer of funds to Russia or Russian contractors for work on the Station for which the Ryssian Government had pledged to pay; and (2) placement of U.S. astronauts on the Mir Space Station without specified safety certifications. Requires NASA to make contingency plans. (Sec. 204) Mandates a specified study by the National Research Council of the National Academy of Sciences concerning any specified potential effects on the assembly schedule, budget and capabilities of the Space Station. (Sec. 205) Directs the Administrator, in consultation with the Comptroller General, to: (1) establish an updated total life cycle cost estimate for the International Space Station; and (2) submit a specified report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science. Title III: Miscellaneous Provisions - Amends the National Aeronautics and Space Act of 1958 to revise certain reporting provisions. (Sec. 302) Allows the Administrator to acquire, where appropriate and cost effective, private sector space science and earth remote sensing data and space goods and services. (Sec. 304) Requires a specified report on space shuttle privatization. (Sec. 305) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to make the launch voucher (demonstration) program permanent. (Sec. 308) Permits NASA to participate in the Next Generation Internet. (Sec. 310) Expresses the sense of the Congress that NASA should give high priority to correcting its computer systems with respect to the year 2000 problem. (Sec. 311) Amends the Unitary Wind Tunnel Plan Act of 1949 to include hypersonic wind tunnel construction within the scope of covered research and development facilities. (Sec. 312) Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools to enhance science and mathematics programs. (Sec. 313) Amends the National Aeronautics and Space Act of 1958 to permit the Administrator to vest title in tangible personal property to a participant in a cooperative agreement if the participant's primary purpose is research or technology development. (Sec. 314) Amends the Federal Acquisition Streamlining Act of 1994 to make modifications to, and extend the authority for, the NASA Mid-Range Procurement Test Program. (Sec. 315) Amends Federal law to prohibit the launch of a payload containing material for obtrusive space advertising. Requests the President to negotiate with foreign launching nations for the purpose of reaching one or more agreements prohibiting the use of outer space for obtrusive space advertising, and expresses the sense of the Congress that the President should take such action as is feasible to enforce the terms of any such agreement. (Sec. 316) Provides for the administration of the Commercial Space Center Program at NASA headquarters in Washington, D.C. (Sec. 317) Authorizes the provision of liability insurance and indemnification to developers of experimental aerospace vehicles.
Bill· HRH.R. 2591 (105th)open
United States · United States Congress · 1 October 1997
TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the Secretary of State to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the Secretary of State to commit the United States to pay up to $25 million for distribution under such an agreement. Authorizes appropriations. Directs the Secretary of State to reserve a portion of the appropriation for the United States Holocaust Museum for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.
Bill· HRH.R. 2600 (105th)referred
United States · United States Congress · 1 October 1997
Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, to repeal the authority and mandate for incentive payments under plans for voluntary reduction in the number of residents in a graduate medical education residency training program. Amends the Balanced Budget Act of 1997 to prohibit the Secretary of Health and Human Services from approving or providing any payments for any demonstration project that provides for additional Medicare payments in connection with such a reduction for any residency training year beginning on or after July 1, 1998 (currently before July 1, 2006). Provides that the April 1995 Health Care Financing Administration interpretation of Medicare secondary payer requirements for group health plans with regard to individuals with end stage renal disease (ESRD) shall not apply retroactively to a group health plan that paid benefits primary to SSA title XVIII (but would have paid benefits secondary to such title in the absence of such requirements) on or after August 10, 1993, and before April 24, 1995, on behalf of certain individuals who became entitled or eligible for the ESRD program. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to extend COBRA continuation coverage for qualified ESRD Medicare beneficiaries for 36 months. Amends SSA title XVIII to provide for an extension of the Medicare ESRD secondary payer period from 30 to 36 months.
Bill· SS. 1237 (105th)open
United States · United States Congress · 30 September 1997
Safety Advancement for Employees Act of 1997 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to review the draft final standard and the scientific literature, and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection procedures. Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 9) Establishes the use of alternative safe methods as an affirmative defense for employers. Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Reduces the types of violations of posting or paperwork requirements for which an employer may be assessed a civil penalty. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 15) Sets forth consultation alternatives to issuance of citations.
Bill· HRH.R. 2579 (105th)referred
United States · United States Congress · 30 September 1997
Safety Advancement for Employees Act of 1977 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to review the draft final standard and the scientific literature, and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection procedures. Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 9) Establishes the use of alternative safe methods as an affirmative defense for employers. Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Reduces the types of violations of posting or paperwork requirements for which an employer may be assessed a civil penalty. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines.
Bill· SS. 1234 (105th)referred
United States · United States Congress · 29 September 1997
TABLE OF CONTENTS: Title I: Highway Safety Title II: Hazardous Materials Transportation Reauthorization Title III: Sanitary Food Transportation Title IV: Rail and Mass Transportation Anti-Terrorism Title V: Rail and Mass Transportation Safety Title VI: Motor Carrier Safety Subtitle A: State Grants and Other Commercial Vehicle Programs Subtitle B: Motor Carrier Safety Act of 1997 Title VII: Research Subtitle A: Programs and Activities Subtitle B: Intelligent Transportation Systems Title VIII: Boating Safety Highway and Surface Transportation Safety Act of 1997 - Amends Federal transportation law to authorize the Secretary of Transportation to provide for awards to individuals and organizations that significantly contribute to Department of Transportation (DOT) programs, missions, or operations, including State and local governments, transportation unions, and commercial and nonprofit organizations. Title I: Highway Safety - Amends requirements for highway safety programs. Requires the Secretary to make safety incentive grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from persons driving under the influence of alcohol. Specifies requirements for such programs, including: (1) driver's license suspension or revocation systems; (2) three-stage graduated licensing; (3) nondiscriminatory vehicle-stopping to determine alcohol influence; and (4) certain alcohol-impaired driving countermeasures. Establishes incentive programs to: (1) improve data systems and identify priorities for State and local highway and traffic safety programs; and (2) increase safety belt and child safety seat use. Requires the Secretary to carry out safety research on, among other things, measures that may deter drugged driving. (Sec. 102) Revises the National Driver Register (NDR) statute to: (1) authorize the Secretary to enter into an agreement with an organization representing State interests to manage, administer, and operate NDR's computer timeshare and user assistance functions; (2) extend participation to specified other Federal departments or agencies; and (3) allow Federal agencies authorized to receive NDR information to make their requests and receive the information directly from NDR. (Sec. 103) Authorizes appropriations out of the Highway Trust Fund (HTF) for: (1) consolidated State highway safety programs; (2) National Highway Traffic Safety Administration operations and research; and (3) NDR. (Sec. 104) Authorizes the Secretary and the Administrator of the Environmental Protection Agency (EPA) to participate in the development of an international compendium of national motor vehicle standards, including both safety and environmental standards. Authorizes the Secretary or the Administrator to promote international cooperative programs for conducting research, development, demonstration projects, training, and other forms of technology transfer and exchange to enhance international motor vehicle safety, and provide technical assistance to other countries relating to their adoption of U.S. Federal standards for vehicles. Authorizes the Secretary and the Administrator of EPA to participate in international negotiations and agree to harmonized rules for vehicular safety and environmental pollution if certain conditions are met. (Sec. 108) Directs the Secretary to develop a program to notify U.S. dealers and distributors that Federal law prohibits the sale or delivery of a schoolbus that does not meet certain Federal motor vehicle safety standards. Title II: Hazardous Materials Transportation Reauthorization - Hazardous Materials Transportation Safety Reauthorization Act of 1997 - Repeals the Secretary's authority to prescribe criteria for handling hazardous material. (Sec. 205) Changes from discretionary to mandatory the Secretary's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous materials in order to pay for the costs of processing such statements. (Sec. 206) Directs the Secretary to implement a pilot program to evaluate the use of automated carrier assessment programs for carriers of certain hazardous materials. (Sec. 209) Directs the Secretary (currently, the Director of the Federal Emergency Management Agency) to monitor public sector emergency response planning and training for an accident involving hazardous material. Authorizes the Secretary to allow a State or Indian tribe receiving a planning and training grant to use up to 25 percent of the grant amount to assist small businesses in complying with regulations for the safe transportation of hazardous material. (Sec. 211) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with a person, U.S. agency, State or local government, Indian tribe, foreign government, educational institution, or other entity to further research, development, demonstration, risk assessment, emergency response planning and training activities with respect to the transportation of hazardous materials. (Sec. 212) Authorizes officers, employees, or agents of the Secretary to: (1) inspect and examine packages in transport when they are marked as containing a hazardous material, or when there is a reasonable belief that such a package may contain such material; and (2) prevent, when there is a reasonable belief that an imminent hazard may exist, the further transportation of the hazardous material until the hazardous qualities of such material have been determined. (Sec. 213) Revises penalties for violations of a regulation, order, special permit, or approval in connection with the transportation of a hazardous material to: (1) increase the maximum civil penalty to not more than $27,500 for each violation; and (2) provide for a fine, or imprisonment for not more than 20 years, or both for violations which lead to the release of a hazardous material (aggravated violations). (Sec. 215) Authorizes a person with a substantial interest in a final enforcement order issued in connection with the transportation of a hazardous material to petition for review in the appropriate court. (Sec. 216) Directs the Secretary to conduct a study to: (1) determine the safety benefits of implementing a Federal permit program for high risk hazardous material carriers; (2) examine the safety benefits of increased monitoring of high risk hazardous material carriers, and the costs, benefits, and procedures of existing State permit programs; and (3) assess the potential of advanced technologies for improving the assessment of high risk hazardous material carrier's compliance with motor carrier safety regulations. (Sec. 217) Authorizes appropriations. Earmarks certain funds for: (1) training the public sector to respond to accidents involving the transportation of hazardous materials; and (2) hazardous material emergency response planning and training grants to States and Indian tribes. Title III: Sanitary Food Transportation - Sanitary Food Transportation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act to deem as adulterated any food transported under unsanitary conditions. (Sec. 303) Directs the Secretary to establish by regulation sanitary transportation practices (subject to waiver) which shippers, carriers, receivers, and other persons engaged in the transportation of food shall follow to ensure that such food will not become adulterated during transportation. Authorizes the Secretary, by publication in the Federal Register, to establish a list of nonfood products that may, if shipped in a tank or bulk vehicle, or motor or rail vehicle, adulterate any food transported subsequently in such vehicle. (Sec. 304) Amends Federal transportation law to revise sanitary food transportation requirements to direct the Secretary to establish transportation safety inspection procedures to identify suspected incidents of contamination or adulteration of food, and to train Department of Transportation (DOT) personnel in the use of such procedures. Directs the Secretary to notify the Secretary of Health and Human Services or the Secretary of Agriculture of any instances of potential food contamination or adulteration of food identified during such inspections. Title IV: Rail and Mass Transportation Anti-Terrorism - Transportation Anti-Terrorism Act of 1997 - Amends the Federal criminal code to prohibit the use of firearms, dangerous weapons, and propelling objects against railroad trains and mass transportation. (Sec. 405) Requires the Federal Bureau of Investigation to lead the investigation of all such offenses (including existing offenses under the "Wrecking Trains" statute). Title V: Rail and Mass Transportation Safety - Amends Federal transportation law to require the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues when making mass transportation grants or loans to commuter railroads that are under the Secretary's railroad safety jurisdiction. (Sec. 502) Changes the frequency with which rail carriers must file accident and incident reports with the Secretary from monthly to periodically. (Sec. 503) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through January 1, 2003, the temporary exemption from certain axle weight limitations to any intrastate public agency transit passenger bus using the Dwight D. Eisenhower System of Interstate and Defense Highways. Title VI: Motor Carrier Safety - Subtitle A: State Grants and Other Commercial Vehicle Programs - Provides for performance-based grants to States for: (1) improving motor carrier safety; and (2) enforcing regulations for hazardous materials transportation safety. Requires State plans under such grants to implement performance-based activities by FY 2000. (Sec. 603) Makes 100 percent the Federal share of public education activities with respect to commercial motor vehicle safety programs and enforcement. (Sec. 604) Provides funding for commercial motor vehicle safety programs for FY 1998 through 2003. (Sec. 605) Authorizes the Secretary to establish motor carrier information systems and data analysis programs to support motor carrier regulatory and enforcement activities. Requires such information systems, in cooperation with the States, to be coordinated into a network providing identification of motor carriers and drivers, registration and licensing tracking, and motor carrier and driver safety performance. Requires the Secretary to develop and maintain data analysis capacity and programs to provide the means: (1) to develop strategies to address safety problems and to use data analysis to measure the effectiveness of these strategies and related programs; (2) to determine the cost effectiveness of State and Federal safety compliance, enforcement programs, and other countermeasures; (3) to evaluate the safety fitness of motor carriers and drivers; (4) to identify and collect necessary data; and (5) to adapt, improve, and incorporate other information and information systems as deemed appropriate by the Secretary. Authorizes the Secretary to include, as part of the DOT motor carrier safety information network system, a Performance and Registration Information Systems Management information system to serve as a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles and the safety system of the commercial motor vehicle registrants or the motor carriers operating the vehicles. Authorizes the Secretary to establish a program focusing on improving commercial motor vehicle driver safety. (Sec. 606) Authorizes FY 1998 through 2003 appropriations for information systems and strategic safety initiatives. Repeals the existing truck and bus accident grant program. Subtitle B: Motor Carrier Safety Act of 1997 - Motor Carrier Safety Act of 1997 - Amends commercial vehicle safety law to abolish the Commercial Motor Vehicle Safety Regulatory Review Panel (effectively making the Secretary the primary one to review State laws or regulations on commercial motor vehicle safety). (Sec. 652) Repeals the requirement for State submission of commercial motor vehicle safety laws and regulations to the Secretary for review, including the mandate for the Commercial Motor Vehicle Safety Regulatory Review Panel. Revises safety fitness provisions to prohibit motor carriers (including motor carriers that transport hazardous material or more than 15 passengers) who fail to meet certain safety fitness requirements from operating in interstate commerce. Authorizes an commercial motor carrier employee, in conjunction with other remedies, to bring a civil action in district court to enforce an order by the Secretary of Labor that such employee had been discharged, disciplined, or discriminated against for filing a complaint related to a violation of a commercial motor vehicle safety regulation. (Sec. 653) Repeals grant programs for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing commercial drivers' licenses and complying with State participation requirements. Declares that no action for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against: (1) a motor carrier requesting such records of an individual under consideration for employment as a commercial motor vehicle driver; (2) a person who has complied with such request; or (3) the agents or insurers of such persons. (Sec. 654) Revises civil penalties for violations of certain commercial motor vehicle safety and recordkeeping requirements. Subjects to both civil and criminal penalties a person who knowingly aids, abets, counsels, or procures a violation of such requirements. (Sec. 655) Repeals the mandate for a working group of State and local government officials with respect to the International Registration Plan and International Fuel Tax Agreement. Repeals the authority for grants to States and appropriate persons to facilitate participation in such Plan and Agreement, as well as the authorization of appropriations for the program. (Sec. 656) Directs the Secretary to conduct a study to determine the adequacy of parking facilities that could be used by motor carriers to comply with Federal hours-of-service rules. Title VII: Research - Subtitle A: Programs and Activities - Authorizes the Secretary to establish: (1) a national strategic planning process which encompasses Federal, State, and local planning activities for intermodal, multimodal, and modal transportation research and technology; and (2) the Intermodal Transportation Research and Development Program. (Sec. 701) Authorizes the Secretary to make grants to nonprofit institutions of higher learning to establish one university transportation center (thereby combining the existing university research institute and transportation centers programs) in each of the ten U.S. Government regions that compose the Standard Federal Regional Boundary System to address transportation management, research and development, and education and training for qualified graduate and undergraduate students, with special attention to women and minorities. (Sec. 702) Requires the Bureau of Transportation Statistics (BTS) to compile statistics on transportation-related variables influencing global competitiveness. Revises the duties of the BTS Director with respect to the long term data collection program to require, among other things, that it be coordinated with efforts to measure outputs and outcomes of DOT and the nation's transportation systems under the Government Performance and Results Act (GPRA). Requires the BTS Director to establish an Intermodal Transportation Data Base, the National Transportation Library, and a National Transportation Atlas Data Base. Authorizes the Secretary to make grants to, or enter into cooperative contracts with, public and nonprofit entities to conduct research and development in support of the Bureau's activities. Authorizes appropriations. (Sec. 703) Changes from discretionary to mandatory the Secretary's authority to engage in research, development, and technology transfer activities with respect to motor carrier transportation and all phases of highway planning and development. Directs the Secretary to develop programs to facilitate application of the products of research and technical innovations that will improve the safety, efficiency, and effectiveness of the highway system. (Sec. 704) Repeals the mandate for the National Highway Institute (thus abolishing it). Converts the current discretionary education and training assistance program providing urban and rural highway and transportation agencies access to modern highway technology into a mandatory a National Technology Deployment Initiatives program Authorizes appropriations. Subtitle B: Intelligent Transportation Systems Act of 1997 - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to conduct an ongoing program to research, develop, and operationally test intelligent transportation systems and advance the deployment of such systems as a component of the Nation's surface transportation systems (in effect, extending the expiring Intelligent Transportation Systems Act of 1991). (Sec. 753) Defines "intelligent transportation systems" (ITS) as the application of electronics, communications, or information processing to improve the efficiency and safety of surface transportation systems. (Sec. 754) Directs the Secretary to establish a repository for technical and safety data collected as a result of federally-sponsored projects under this title. (Sec. 755) Directs the Secretary to update the National ITS Program Plan as necessary. (Sec. 756) Authorizes the Secretary to provide: (1) planning and technical assistance, training, and information to State and local governments seeking to implement ITS technologies and services; and (2) funding to Federal agencies and make grants to non-Federal entities (including State and local governments, universities, including Historically Black Colleges and Universities, and other persons) for ITS research. (Sec. 757) Directs the Secretary to conduct an intelligent transportation infrastructure (ITI) deployment incentives program to promote deployment of integrated, multimodal transportation systems throughout the Nation. (Sec. 758) Authorizes appropriations. Title VIII: Boating Safety - Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to establish the National Outreach and Communications Fund. Credits to the Fund specified amounts from the Sport Fish Restoration Account. Increases: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs. (Sec. 803) Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts from the National Outreach and Communications Fund to carry out the plan. Requires States to develop an outreach and communications plan. (Sec. 804) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act. (Sec. 805) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions. Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels. (Sec. 806) Amends Federal boating safety law to direct the Secretary, subject to specified restrictions, to expend in each fiscal year specified funds for State recreational boating safety programs. Earmarks funds for the payment of expenses of the Coast Guard for personnel and activities directly related to carrying out the national recreational boating safety program. (Sec. 807) Limits the allocation of funds for recreational boating safety programs for the insular areas to no more than one-half of one percent of the total expended for such programs for all eligible States. Waives local matching fund requirements for amounts under $200,000 that are received by the insular areas for such programs. Reduces the period of availability of State allocations from three years to two years after the date of allocation. Requires amounts not obligated by the State within such period to be withdrawn and allocated to the State the following fiscal year.
Law· SS. 1231 (105th)enacted
United States · United States Congress · 26 September 1997
United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration. Urges the Administrator to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems. Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools in order to enhance science and mathematics programs. Requires the Administrator to report to the President on such action. Directs the Administrator to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science on: (1) risks to fire fighters in suppressing fires caused by burning tires; and (2) special training required to suppress such fires and how the training may be provided by the Administration.
Bill· HRH.R. 2565 (105th)referred
United States · United States Congress · 26 September 1997
Pfiesteria Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce (acting through the Director of the National Marine Fisheries Service), the Secretary of Health and Human Services (acting through the Directors of the National Institute of Environmental Health Sciences and the Centers for Disease Control and Prevention), and the Secretary of Agriculture to: (1) establish a research program for the eradication or control of Pfiesteria piscicida and other aquatic toxins; and (2) make grants to specified colleges, universities, and other entities in affected States for carrying out such research. Authorizes appropriations.
Law· HJRESH.J.Res. 94 (105th)enacted
United States · United States Congress · 26 September 1997
Makes appropriations for FY 1998 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1997 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998; (3) the Department of Defense Appropriations Act, 1998; (4) the District of Columbia Appropriations Act, 1998; (5) the Energy and Water Development Appropriations Act, 1998; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998; (7) the Department of the Interior and Related Agencies Appropriations Act, 1998; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998; (9) the Legislative Branch Appropriations Act, 1998; (10) the Military Construction Appropriations Act, 1998; (11) the Department of Transportation Appropriations Act, 1998; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1998; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998. Sets forth the rates of (current rates, with specified exceptions), and limitations on, such funding. Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act or October 23, 1997, whichever occurs first. Continues provisions of the Immigration and Nationality Act pertaining to a visa waiver pilot program for certain visitors through the effective period of this resolution. Amends the National Flood Insurance Act of 1968 to extend the authority to enter into new flood insurance contracts through October 23, 1997. Authorizes the District of Columbia government to delay repayment of the 1997 Treasury advances beyond October 1, 1997, until it receives the full year Federal contribution. Waives any interest or penalties otherwise applicable to late payments. Continues the issuing authority of the Overseas Private Investment Corporation through the effective period of this resolution. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's functions through October 23, 1997. Extends, through October 23, 1997, certain provisions of the Immigration and Nationality Act pertaining to the issuance of immigrant visas within 90 days' of an alien's departure and the adjustment to permanent resident status of certain aliens.
Bill· SS. 1219 (105th)open
United States · United States Congress · 25 September 1997
Pfiesteria Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce (acting through the Director of the National Marine Fisheries Service), the Secretary of Health and Human Services (acting through the Directors of the National Institute of Environmental Health Sciences and the Centers for Disease Control and Prevention), and the Secretary of Agriculture to: (1) establish a research program for the eradication or control of Pfiesteria piscicida and other aquatic toxins; and (2) make grants to specified colleges, universities, and other entities in affected States for carrying out such research. Authorizes appropriations.
Bill· HRH.R. 2548 (105th)referred
United States · United States Congress · 25 September 1997
Eliminate the Magnet for Illegal Immigration Act of 1997 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions. Amends the Immigration and Nationality Act to grant specified subpoena authority to the Secretary of Labor. Increases specified penalties for: (1) hiring, recruiting, and referral violations; (2) labor standards violations; and (3) unfair immigration-related employment practices. Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards and target high concentration areas of illegally employed aliens. Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination.
Bill· HRH.R. 2546 (105th)referred
United States · United States Congress · 25 September 1997
Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance. Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34), in calculating family available income for determination of expected family contribution (for all dependent and all independent students). (Defines such tax credits as excludable income, not to be treated as estimated financial assistance, for student assistance calculation purposes.) Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse.
Bill· HRH.R. 2561 (105th)referred
United States · United States Congress · 25 September 1997
Low-Income Educational Opportunity Act of 1998 - Establishes a demonstration grants program of education scholarships to cover the costs of enrolling low-income children in choice public or private schools which their parents select. Authorizes appropriations. Directs the Secretary of Education to make grants to eligible entities to carry on between ten and 20 such demonstration projects. Requires that not more than two grants of $5 million or less be made in any fiscal year, with one such grant to be given to the District of Columbia if its application meets the requirements of this Act. Requires each of the remaining grants to be $3 million or less. Requires such grants to be used by eligible entities to provide education scholarships to parents of eligible children.
Bill· SS. 1215 (105th)referred
United States · United States Congress · 24 September 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or for an applicable program, to develop, plan, implement, or administer any national testing program. Exempts from such funding prohibition: (1) the National Assessment of Educational Progress under the National Education Statistics Act of 1994; and (2) the Third International Mathematics and Science Study.
Bill· HRH.R. 2534 (105th)open
United States · United States Congress · 24 September 1997
TABLE OF CONTENTS: Title I: Coordination, Planning, and Definitions Regarding Agricultural Research, Extension, and Education Title II: Reform of Existing Research, Extension, and Education Authorities Subtitle A: Smith-Lever Act and Hatch Act of 1887 Subtitle B: National Agricultural Research, Extension, and Teaching Policy Act of 1977 Subtitle C: Food, Agriculture, Conservation, and Trade Act of 1990 Subtitle D: National Research Initiative Subtitle E: Other Existing Laws Title III: Extension or Repeal of Research, Extension, and Education Initiatives Title IV: Miscellaneous Provisions Agricultural Research, Extension, and Education Reauthorization Act of 1997 - Title I: Coordination, Planning, and Definitions Regarding Agricultural Research, Extension, and Education - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture (Secretary) to establish priorities and specified management principles for federally supported and conducted agricultural research, extension, and education. (Sec. 102) Revises the definition of "food and agricultural sciences." (Sec. 104) Directs the Secretary to provide for: (1) scientific peer review of research grants and merit review of extension and education grants by the Cooperative State Research, Education, and Extension Service; and (2) scientific peer review of research activities of the Agricultural Research Service. Requires pre-funding merit review of college and university research and extension activities. Makes related amendments to the Smith-Lever Act and the Hatch Act of 1887. (Sec. 105) Makes all colleges and universities eligible for agricultural research, extension, and education cost-reimbursable agreements. Title II: Reform of Existing Research, Extension, and Education Authorities - Subtitle A: Smith-Lever Act and Hatch Act of 1887 - Amends specified Acts to make their common names (Smith-Lever Act and the Hatch Act of 1887) their official titles. (Sec. 202) Amends the Smith-Lever Act to expand college and university extension funding eligibility. (Sec. 203) Amends such Acts to prohibit (with certain exceptions) Federal matching payments in excess of State payments. (Sec. 204) Amends the Smith-Lever Act to require specified fund use for multi-State and multi-institutional activities. (Sec. 205) Amends such Acts to permit fund transfer between research and extension activities. Subtitle B: National Agricultural Research, Extension, and Teaching Policy Act of 1977 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to establish a specified matching funds requirement for research and extension activities at the 1890 land grant colleges, including Tuskegee University. Changes specified references to Tuskegee Institute to Tuskegee University. (Sec. 214) Transfers authority for a specified agricultural research facilities task force from the Research Facilities Act to the National Agricultural Research, Extension, and Teaching Policy Act of 1977. Repeals the Research Facilities Act. Subtitle C: Food, Agriculture, Conservation, and Trade Act of 1990 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to revise National Agricultural Weather Information System provisions to: (1) make the System's establishment discretionary; (2) revise its components, authority, and fund use requirements; and (3) authorize appropriations. (Sec. 232) Authorizes appropriations for the agricultural genome initiative (currently the plant genome mapping program). Subtitle D: National Research Initiative - Amends the Competitive, Special, and Facilities Research Grant Act to authorize the Secretary to waive the matching requirement for certain small college or university projects (based upon equipment cost and use). Subtitle E: Other Existing Laws - Amends the Forest and Rangeland Renewable Resources Research Act of 1978 to authorize the Secretary to use specified amounts available from forestry competitive research grants for certain high priority forestry research areas. Title III: Extension or Repeal of Research, Extension, and Education Initiatives - Amends the Competitive, Special, and Facilities Research Grant Act to authorize appropriations for competitive, special, and facilities research grants. (Sec. 302) Amends the Equity in Educational Land-Grant Status Act of 1994 to authorize appropriations for "1994 Institutions" (Indian and tribal colleges), and Institutional capacity building grants. (Sec. 303) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize appropriations for: (1) education grants for Hispanic-serving institutions; and (2) agricultural extension and research, and State experiment stations. Title IV: Miscellaneous Provisions - States that the Secretary shall be the principal executive branch official with respect to agricultural and food sciences research, education, and extension. (Sec. 402) Directs the Secretary to establish in the Department of Agriculture an Office of Pest Management Policy. (Sec. 403) Expresses the sense of the Congress that the Secretary and the Secretary of Education should cooperate in providing school-based agricultural education.
Bill· HRH.R. 2535 (105th)referred
United States · United States Congress · 24 September 1997
Emergency Student Loan Consolidation Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to allow until October 1, 1998, the consolidation, under the Federal Family Education Loan Program (FFELP), of all of a student's loans under both the FFELP and the Direct Loan Program. (Authorizes such consolidation of loans under both programs into single FFELP consolidation loans, which may be administered by entities other than the Department of Education, for an emergency period until October 1, 1998, to provide time to reduce a backlog in processing consolidation of both types of loans into Direct Lending Consolidation loans administered by the Department of Education.) Reduces the amount of certain funds available for administrative expenses under HEA student assistance provisions.
Bill· HRH.R. 2536 (105th)referred
United States · United States Congress · 24 September 1997
21st Century Student Financial Aid System Improvement Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to establish a performance-based organization (PBO) in the Department of Education as a discrete management unit responsible for managing the information systems supporting the student financial assistance programs authorized under HEA title IV. Authorizes appropriations. (Sec. 2) Vests management of the PBO in a Chief Operating Officer (COO) appointed by the Secretary. Directs the Secretary and the COO to develop a performance plan for the PBO establishing measurable goals and objectives for the organization. Requires the COO submit an annual accountability report to the Secretary and specified congressional committees. Requires the PBO to establish an annual performance management system which: (1) maintains individual accountability; and (2) strengthens its organizational effectiveness by providing for establishing goals or objectives for individual, group, or organizational performance, and using performance assessments as a basis for granting employee awards, pay adjustments, and other appropriate personnel actions. Grants the PBO certain procurement flexibility. Authorizes the COO to establish focus groups composed of students, institutions, and other participants in title IV student assistance programs to provide advice on student aid delivery matters. Directs the Secretary and the COO to encourage and participate in establishing voluntary consensus standards and requirements for the electronic transmission of information necessary for the administration of title IV student assistance programs. Directs the Secretary, except with respect to a common financial reporting form, to adopt voluntary consensus standards for transactions required under title IV, and common data elements for such transactions, to enable the electronic exchange of information between systems administered by the Department and among participants in the Federal student aid delivery system. Requires any such standard to: (1) have been developed by an organization open to the various entities engaged in such delivery system; and (2) be consistent with the objective of reducing administrative costs. Directs the COO to: (1) participate in the activities of such standard setting organizations; and (2) encourage higher education groups seeking to develop common forms, standards, and procedures to do so within such an organization. Requires the Secretary to adopt initial standards for: (1) a single electronic personal identifier number for students receiving title IV assistance; (2) procedures for the electronic transmission and authentication of signatures with respect to transactions requiring a signature; and (3) a single identifier for eligible institutions. Requires such voluntary consensus standards to be compatible with the integrated postsecondary education data system. Authorizes appropriations.
Bill· SS. 1209 (105th)referred
United States · United States Congress · 23 September 1997
Amends the Higher Education Act of 1965 (HEA) to revise title V requirements for Educator Recruitment, Preparation, and Induction. Authorizes appropriations for new HEA title V programs for: (1) Lighthouse Partnerships; and (2) Recruiting New Teachers for Underserved Areas. Authorizes the Secretary of Education to use Lighthouse Partnership funds to make continuation awards for Programs to Encourage Minority Students to Become Teachers. Directs the Secretary to make competitive Lighthouse Partnership grants for teacher preparation improvement programs to partnerships of lead institutions, partner institutions, and State and local educational agencies. Requires that the lead institutions: (1) operate exemplary teacher preparation programs; (2) desire to serve as national models and assist other institutions of higher education in improving teacher preparation; and (3) place a significant percentage of graduates in teaching positions in communities with concentrations of children from low-income families. Sets forth program requirements for preapplications and applications, uses of funds, selection of applications, evaluation, and national activities. Directs the Secretary to make competitive grants for Recruiting New Teachers for Underserved Areas to eligible applicants for programs that: (1) provide scholarships and necessary support services for students with high potential to become effective teachers seeking to complete teacher preparation programs (particularly minority students, including language minority students, and students with disabilities); (2) increase the quality and number of new teachers nationally; and (3) increase the ability of schools in underserved areas to recruit a qualified teaching staff. Requires an eligible applicant to be a partnership of: (1) an institution of higher education that grants baccalaureate degrees and prepares teachers for their initial entry into the teaching profession; and (2) one or more local educational agencies in underserved areas. Allows such a partnership also to include: (1) two-year colleges that operate teacher preparation programs and maintain articulation agreements, with the baccalaureate-granting institution, for the transfer of credits in teacher preparation; (2) State agencies that have responsibility for policies related to teacher preparation and licensure; and (3) other public and private, nonprofit agencies and organizations that serve, or are located in, communities served by the local educational agencies in the partnership, and that have an interest in teacher recruitment, preparation, and induction. Requires any student who receives such a scholarship to agree to teach full-time in a high-poverty school in an underserved area for at least three years, within five years after completing the teacher preparation program, or to repay the amount of the scholarship. Sets forth program provisions for grant conditions, planning, applications, uses of funds, selection of applicants, duration and amount of assistance, relation to other assistance, scholarship conditions, service requirements, evaluation, and national activities.
Bill· SS. 1201 (105th)referred
United States · United States Congress · 23 September 1997
America's Teacher Preparation Improvement Act - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 (HEA) to revise and rename part A as Initial Teacher Preparation. Authorizes the Secretary of Education, in fiscal years for which part A funds are less than a specified amount, to make competitive grants to enhance initial teacher preparation to four-year institutions of higher education in partnership with other specified educational entities. Authorizes the Secretary, in fiscal years in which part A funds are more than a specified amount, to allot such funds to State educational agencies to make such grants to higher educational institutions in partnership with other specified educational entities. Allows States to reserve a portion of such funds for specified related State activities. Requires such grants to be used for: (1) teacher preparation activities; and (2) induction experience for new teachers. Allows such grants to be used for: (1) specified types of targeted programs; (2) recruitment; and (3) a system of initial teacher preparation among an institution of higher education offering approved programs and one or more preschools, kindergartens, secondary schools, community groups, two-year institutions of higher education, or nonprofit organizations. Sets forth program requirements for agreements, applications, reports, maintenance of effort, and participation of private school children and teachers. Authorizes appropriations for such new program of Initial Teacher Preparation. Extends the authorization of appropriations for Programs to Encourage Minority Students to Become Teachers. Repeals provisions under HEA title V for: (1) National Teacher Academies; (2) teacher scholarships and fellowships; (3) innovation and research; (4) programs for special populations; and (5) new teaching careers.
Bill· HRH.R. 2530 (105th)referred
United States · United States Congress · 23 September 1997
Prohibits a current practice of the Student Loan Marketing Association (Sallie Mae) with respect to tax-exempt municipal bonds issued by various educational institutions and acquired by Sallie Mae, before January 1, 1997, as a government-sponsored enterprise. Prohibits Sallie Mae, or any other entity obtaining securities from Sallie Mae pursuant to a restructuring of the common stock ownership of Sallie Mae under the Higher Education Act of 1965 (HEA), from conditioning its waiver of redemption premiums (otherwise chargeable in connection with refunding such bonds) on the use by such educational institutions of its own investment banking subsidiary (Educational Securities, Inc.). (Such practice is currently allowed under HEA.)
Bill· HRH.R. 2518 (105th)referred
United States · United States Congress · 23 September 1997
Student Loan Options Act - Amends the Higher Education Act of 1965 (HEA) to allow two-way consolidation of all of a student's Federal student assistance loans under either the Federal Family Education Loan Program (also known as Federal Stafford or guaranteed loans) or the Federal Direct Loan program. Reduces the amount of certain funds available for administrative expenses under the HEA student assistance program.
Bill· SS. 1199 (105th)referred
United States · United States Congress · 19 September 1997
Amends the Higher Education Act of 1965 to adjust specified student aid need analysis formulas. Increases the income protection allowances (IPA) for dependent students and for independent students without dependents (other than a spouse). Permits updating IPA calculations to reflect inflation.
Bill· HRH.R. 2495 (105th)open
United States · United States Congress · 18 September 1997
Higher Education for the Twenty-First Century Act - Amends the Higher Education Act of 1965 (HEA) to establish programs for postsecondary education opportunities for Hispanic students and other student populations underrepresented in postsecondary education. (Sec. 2) Amends HEA to provide for institutional aid to Hispanic-Serving Institutions. Defines Hispanic-serving institution as an eligible institution with an undergraduate full-time equivalent enrollment that is at least 25 percent Hispanic, and that provides assurance that at least 50 percent of its Hispanic students are low-income individuals. Directs the Secretary of Education to provide grants and related assistance to: (1) Hispanic-serving institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals; and (2) Hispanic-serving institutions with graduate and professional programs to improve and expand graduate and professional opportunities for Hispanic students and other students underrepresented in graduate education. Authorizes appropriations. (Sec. 3) Directs the Secretary to make grants to American Indian tribal colleges and universities for specified authorized uses. (Sec. 4) Prescribes additional considerations for the making of grants and contracts under Federal TRIO programs (various programs of outreach to qualified individuals from disadvantaged backgrounds). (Sec. 5) Revises the HEA campus-based student assistance programs allocation formula with respect to allocation of additional appropriations. (Such formula applies to the programs of: (1) Federal Supplemental Educational Opportunity Grants; (2) College Work-Study; and (3) Federal Perkins, or direct, Loans.) (Sec. 6) Revises special student assistance programs for students whose families are engaged in migrant and seasonal farmwork. Directs the Secretary, in making grants for such programs, to consider the project's coordination with other local, State, and Federal programs that provide health and education services for migrant students. Directs the Secretary to: (1) develop and conduct a longitudinal study of the educational attainment of migrant students and the health and education needs of such students; and (2) collect data on migrant students in any case where data on students is collected on a racial or ethnic basis. Directs the Assistant Secretary for Educational Research and Improvement, through the National Center for Education Statistics, to collect certain data, including postsecondary education data, on migrant students. Authorizes appropriations for such special programs for migrant students. Authorizes the Secretary, when appropriations for the high school equivalency and college assistance migrant programs exceed specified levels, to make grants to otherwise eligible Hispanic-serving or historically Black institutions that have enrolled at least 30 first-year migrant students. (Sec. 7) Gives Hispanic-serving institutions a temporary exemption from certain default rate limitations on eligibility under the Federal guaranteed student loan program. (Sec. 8) Directs the Secretary to cancel specified portions of a borrower's Federal guaranteed and direct student loan liability in return for certain types of teaching and other public service by the borrower. (Sec. 9) Revises requirements for grants for College Work-Study programs to require a 100 percent Federal share of compensation for work-study students who tutor students eligible for and receiving services under the high school equivalency and college assistance migrant student programs. (Sec. 10) Revises and renames HEA title V as Programs for Teaching and Counseling Excellence (currently Educator Recruitment, Retention, and Development). Establishes a new Teacher Education and Professional Development program. Directs the Secretary to award grants to institutions of higher education and consortia of such institutions and local educational agencies, for one or more of the following uses: (1) technology training for elementary and secondary school teachers and counselors; (2) training of bilingual education teachers; (3) recruitment of minorities into the teaching and counseling professions; and (4) training of elementary and secondary school teachers in methodology to raise the academic achievement for all students. Gives an applicant priority if it is a consortium of an institution of higher education and a local educational agency. Authorizes appropriations. Establishes new Programs for Counseling Excellence (which revises certain requirements for Model Program Community Partnership and Counseling Grants). Directs the Secretary to award grants to develop model programs for counseling excellence. Adds in-service training for guidance counselors to the current uses of such grants for student counseling programs and community partnerships for tutoring and mentoring. Authorizes appropriations. (Sec. 11) Directs the Secretary to give priority in funding to graduate program grant applicants that provide programs enrolling students who are underrepresented in graduate and professional programs, and that recruit such students from historically Black, Hispanic-serving, and American Indian Tribal colleges and universities. (Sec. 12) Revises Postsecondary Improvement Programs to add to the authorized uses of Fund for the Improvement of Postsecondary Education grants the development of innovative methods for ensuring the successful transfer of students from two-year to four-year institutions.
Bill· HRH.R. 2511 (105th)referred
United States · United States Congress · 18 September 1997
Prohibits a current practice of the Student Loan Marketing Association (Sallie Mae) with respect to tax-exempt municipal bonds issued by various educational institutions and acquired by Sallie Mae, before January 1, 1997, as a Government-sponsored enterprise. Prohibits Sallie Mae, or any other entity obtaining securities from Sallie Mae pursuant to a restructuring of the common stock ownership of Sallie Mae under the Higher Education Act of 1965 (HEA), from conditioning its waiver of redemption premiums (otherwise chargeable in connection with refunding such bonds) on the use by such educational institutions of its own investment banking subsidiary (Educational Securities, Inc.). (Such practice is currently allowed under HEA.)
Bill· SS. 1186 (105th)passed
United States · United States Congress · 17 September 1997
TABLE OF CONTENTS: Title I: Vocational, Technological, and Tech-Prep Education Subtitle A: Vocational Education Subtitle B: Tech-Prep Education Subtitle C: General Provisions Subtitle D: Authorization of Appropriations Subtitle E: Repeal Title II: Adult Education and Literacy Subtitle A: Adult Education and Literacy Programs Subtitle B: Repeal Title III: Workforce Investment and Related Activities Subtitle A: Workforce Investment Activities Subtitle B: Job Corps Subtitle C: National Programs Subtitle D: Administration Subtitle E: Repeals and Conforming Amendments Title IV: Workforce Investment-Related Activities Subtitle A: Wagner-Peyser Act Subtitle B: Linkages with Other Programs Title V: General Provisions Workforce Investment Partnership Act of 1997 - Establishes a coordinated system of Federal aid programs for vocational education, adult education, and job training at State and local levels. Title I: Vocational, Technological, and Tech-Prep Education - Carl D. Perkins Vocational and Applied Technology Education Act of 1997 - Replaces the current Carl D. Perkins Vocational and Applied Technology Education Act (Perkins Act). Subtitle A: Vocational Education - Chapter 1: Federal Provisions - Directs the Secretary of Education (the Secretary under this title) to reserve certain amounts of vocational education funds for: (1) assistance for the outlying areas; (2) Indian and Hawaiian Native programs; (3) grants to tribally controlled postsecondary vocational institutions; (4) incentive grants to States; (5) national activities; (6) national assessment of vocational education programs; and (7) national research centers. Sets forth State allotment formulas for the remainder of vocational education funds. (Sec. 112) Directs the Secretary to establish and publish performance measures to assess the progress of each eligible agency in achieving certain goals for students with respect to academic, job readiness, and vocational skills, postsecondary degrees or certificates, secondary and postsecondary education, employment, military service, and nontraditional vocational education programs. Requires each eligible agency, in developing a State plan, to negotiate with the Secretary the expected levels of performance for such measures. (Sec. 113) Sets forth requirements for use of reserved funds for assistance for the outlying areas, Indian and Hawaiian Native programs, grants to tribally controlled postsecondary vocational institutions, and incentive grants to States. Chapter 2: State Provisions - Makes each eligible agency responsible for State administration of programs under this title. (Sec. 122) Requires State reservation of certain portions of vocational education funds for: (1) State leadership activities; (2) technical assistance for gender equity; (3) State planning, review of local applications, program evaluation, and compliance; and (4) criminal offenders programs. Requires the remainder to be distributed to local secondary school and postsecondary vocational education programs. Allows the eligible agency to determine the portion of funds that will be available for secondary school and postsecondary programs. Sets forth a State matching requirement with respect to a specified portion of funds under this subtitle. (Sec. 123) Sets forth mandatory and permissible State leadership activities. (Sec. 124) Requires coordination of the three-year State plan under this title with the period for the State plan under title III of this Act. Sets forth requirements for State plan development, contents, approval, and reports. Chapter 3: Local Provisions - Sets forth formulas for State distribution of funds for: (1) secondary school vocational education; and (2) postsecondary vocational education. Allows alternative allocation formulas for postsecondary programs if the eligible agency demonstrate that certain conditions are met. (Sec. 133) Sets forth mandatory and permissible local activities. (Sec. 134) Sets forth minimum requirements for local applications. Subtitle B: Tech-Prep Education - Tech-Prep Education Act - Revises provisions for tech-prep programs (which are currently under the Perkins Act replaced by this title). (Sec. 154) Retains the mandate for the Secretary's discretionary grants to specified local consortia for such programs when program funding is below a specified minimum. Prescribes the formula for allotments to States for State competitive and formula grants to such programs. (Sec. 155) Revises requirements for the content of tech-prep education programs and for additional authorized activities. (Sec. 156) Requires the eligible State agency (currently a State board) to approve applications for State grants by eligible entities. (Sec. 157) Authorizes appropriations. Subtitle C: General Provisions - Provides for program and funds administration, evaluation, improvement, and accountability for programs under this title. (Sec. 163) Authorizes the Secretary to carry out research, development, dissemination, evaluation, capacity-building, and technical assistance activities under this title. (Sec. 164) Directs the Secretary to: (1) conduct a national assessment of vocational education programs assisted under this title, through studies and analyses conducted independently through competitive awards; (2) appoint an independent advisory panel on the implementation of such assessment; and (3) report to the Congress. (Sec. 165) Authorizes the Secretary to establish one or more national centers in the areas of: (1) applied research and development; and (2) dissemination and training. (Revises and replaces provisions for such centers which are in the current Perkins Act). (Sec. 166) Directs the Secretary to: (1) maintain a data system to collect information about, and report on, the condition of vocational education and on the effectiveness of State and local programs, services, and activities carried out under this title; and (2) annually report to Congress on the analysis of performance data collected each year. Subtitle D: Authorization of Appropriations - Authorizes appropriations. Subtitle E: Repeal - Repeals the Perkins Act. Title II: Adult Education and Literacy - Adult Education and Literacy Act - Replaces the Adult Education Act (AEA), the National Literacy Act of 1991, and other adult education and literacy programs. Subtitle A: Adult Education and Literacy Programs - Chapter 1: Federal Provisions - Directs the Secretary of Education (the Secretary under this title) to reserve certain portions of adult education and literacy funds for: (1) national leadership activities; (2) incentive grants; (3) the National Institute for Literacy; and (4) grants to States. (Sec. 212) Directs the Secretary to establish and publish performance measures to assess the progress of each eligible agency in enhancing and developing more fully the literacy skills of the adult population in the State or outlying area, including certain measures. Requires each eligible agency, in developing a State plan, to negotiate with the Secretary the expected levels of performance for such measures. (Sec. 213) Authorizes the Secretary to establish a program of national leadership activities for adult education. Chapter 2: State Provisions - Makes each eligible agency responsible for State administration of programs under this title. (Sec. 222) Specifies percentages for distribution of State grant funds to eligible providers (including programs for corrections education and other institutionalized individuals), State leadership activities, and administrative expenses of the eligible State agency. Sets forth a State share requirement equal to 25 percent of the total amount expended for adult education in the State. Authorizes the Secretary to decrease such amount for an eligible agency serving an outlying area. (Sec. 223) Requires the eligible agency to use reserved funds for one or more of specified State leadership activities in adult education and literacy. (Sec. 224) Requires three-year State plans from eligible agencies as a condition for grants. Allows the eligible agency to submit such State plan as part of a comprehensive plan or application for Federal education assistance. Sets forth requirements for State plan contents and approval procedures. (Sec. 225) Sets forth provisions for adult education and literacy programs for corrections education and other institutionalized individuals. Chapter 3: Local Provisions - Directs each eligible agency to use State grant funds to award multiyear grants or contracts to eligible providers to adult education and literacy activities. (Sec. 232) Sets forth local application requirements and local administrative cost limits. Chapter 4: General Provisions - Provides for program and funding administration, priorities and preferences, incentive grants for States, and evaluation, improvement, and accountability for programs under this title. (Sec. 245) Revises requirements for the National Institute for Literacy (which are currently under AEA, which this title replaces). Renames the Institute's Board as its Advisory Board. (Sec. 246) Authorizes appropriations. Subtitle B: Repeal - Repeals the AEA, the National Literacy Act of 1991, and certain adult education and literacy program provisions under the Refugee Education Assistance Act of 1980. Title III: Workforce Investment and Related Activities - Replaces the Job Training Partnership Act and certain other Federal job training law. Subtitle A: Workforce Investment Activities - Chapter 1: Allotments to States for Adult Employment and Training Activities, Dislocated Worker Employment and Training Activities, and Youth Activities - Directs the Secretary of Labor (the Secretary under this title) to make allotments to States with approved State plans, and grants to outlying areas, to assist local areas in providing, through a statewide workforce investment system: (1) adult employment and training activities; (2) dislocated worker employment and training activities; and (3) youth activities, including summer employment opportunities, tutoring, activities to promote study skills, alternative secondary school services, employment skill training, adult mentoring, and supportive services. (Sec. 302) Sets forth formulas for determining amounts of such State allotments and grants to outlying areas for such activities. (Sec. 303) Directs State Governors to establish and appoint the members of a statewide partnership to assist in the development of the State plan. (Sec. 304) Sets forth requirements for State plans. Chapter 2: Allocations to Local Workforce Investment Areas - Sets forth formulas for within-State allocations to local workforce investment areas. (Sec. 307) Directs State Governors to designate local workforce investment areas in accordance with State plan requirements. Provides for automatic designations in the case of large local governments, counties, and other local political subdivisions. Allows any small State eligible for minimum allotments to be designated as single State local area. (Sec. 308) Requires that local workforce investment partnerships and youth partnerships be established in each local area of a State. (Sec. 309) Sets forth requirements for local plans. Chapter 3: Workforce Investment Activities and Providers - Authorizes the chief elected official and the local partnership to: (1) develop and implement operating agreements to appoint one-stop partners; (2) designate or certify one-stop customer service center operators; and (3) conduct oversight with respect to the one-stop customer service system in the local area. (Sec. 312) Requires certain State and local procedures for determination and identification of eligible providers of training services by program. (Sec. 313) Authorizes youth partnerships to identify eligible providers of youth activities. (Sec. 314) Sets forth both required and allowable statewide workforce investment activities, including mandatory statewide rapid response activities. (Sec. 315) Sets forth both required and permissible local employment and training activities. Requires establishment of a one- stop customer service system at the State level and one-stop customer service centers in each local area. Requires such centers to provide specified core services and required training services to participants. Gives priority to disadvantaged adults for receipt of limited local adult employment and training activities. Sets forth customer choice requirements. Authorizes local areas to use certain funds for additional permissible local activities, including intensive and customized services and supportive services for certain participants, and needs-related payments for dislocated workers. (Sec. 316) Sets forth certain required elements in the provision of local youth activities. Requires that at least 50 percent of funds for such youth activities be devoted to out-of-school youth. Chapter 4: General Provisions - Sets forth accountability requirements for: (1) State and local performance measures; (2) reports and information dissemination; (3) State program evaluation; and (4) fiscal and management accountability information systems. (Sec. 321) Authorizes the Secretary to make incentive grants to States that exceed State performance measures. (Sec. 322) Authorizes appropriations for: (1) adult employment and training activities; (2) dislocated worker employment and training activities; and (3) youth activities. Subtitle B: Job Corps - Revises provisions for the Job Corps. (Currently such provisions are under the Job Training Partnership Act (JTPA), which this title repeals and replaces.) (Sec. 335) Provides for Job Corps: (1) recruitment standards; (2) graduate readjustment allowances through local one-stop customer service centers; (3) industry councils; (4) management information. (Sec. 334) Revises Job Corps requirements for: (1) individual eligibility; (2) screening, selection, assignment, and enrollment; (3) Job Corps Centers; (4) program activities and continued services; (5) counseling and job placement; (6) support; (7) operating plan; (8) standards of conduct; (9) community participation; (10) advisory committees; and (11) experimental, research, and demonstration projects. (Sec. 351) Extends the authorization of appropriations for the Job Corps. Subtitle C: National Programs - Provides for workforce investment activities and supplemental services under programs for: (1) Native Americans and Native Hawaiians; (2) migrant and seasonal farmworkers; and (3) veterans. (Replaces similar programs which are currently under JTPA.) (Sec. 364) Directs the Secretary to make youth opportunity grants to eligible local partnerships to provide specified activities to increase the long-term employment of eligible youth who live in empowerment zones, enterprise communities, and high poverty areas. (Sec. 365) Authorizes the Secretary to make incentive grants to States that exceed: (1) the State performance measures established by the Secretary of Education under this Act; and (2) the State performance measures established under this title. (Sec. 366) Directs the Secretary of Labor to provide technical assistance to States to help with transitions, general performance improvement, and dislocated worker training improvement. (Sec. 367) Directs the Secretary to publish a biennial plan for demonstration, pilot, multiservice, research, and multistate projects. Sets forth requirements for such projects under such plan, including competitive award procedures and peer review. (Sec. 368) Directs the Secretary to provide for continuing evaluation of programs and activities under this title. Authorizes the Secretary to conduct evaluations of other federally funded employment related programs and activities. (Sec. 369) Authorizes the Secretary to make national emergency grants for: (1) employment and training assistance to workers affected by major economic dislocations; (2) disaster relief employment; and (3) additional assistance for dislocated workers, under certain conditions. (Sec. 370) Authorizes appropriations for specified programs and activities under this subtitle. Subtitle D: Administration - Sets forth requirements for: (1) labor standards, prohibitions on worker displacement, and other requirements relating to use of funds; (2) prompt allocation of funds; (3) monitoring; (4) fiscal controls and sanctions; (5) reports, recordkeeping, and investigations; (6) administrative adjudication; (7) judicial review; (8) nondiscrimination; and (9) State legislative authority. Subtitle E: Repeals and Conforming Amendments - Repeals: (1) the JTPA; and (2) the Displaced Homemakers Self-Sufficiency Assistance Act. (Sec. 391) Repeals certain provisions relating to employment and training assistance under various Federal laws, including the Stewart B. McKinney Homeless Assistance Act, the Immigration Reform and Control Act of 1986, and the Appalachian Regional Development Act of 1965. Title IV: Workforce Investment-Related Activities - Subtitle A: Wagner-Peyser Act - Amends the Wagner-Peyser Act to direct the Secretary to: (1) assist in the coordination and development of a nationwide system of public labor exchange services, provided as part of the one-stop customer service systems of the States; (2) assist in the development of continuous improvement models for such nationwide system that ensure private sector satisfaction with the system and meet the demands of jobseekers relating to the system; and (3) ensure, for individuals otherwise eligible to receive unemployment compensation, the provision of reemployment services and other activities in which the individuals are required to participate to receive the compensation. (Sec. 406) Provides for coordination of State plans under the Wagner-Peyser Act and this Act. (Sec. 407) Repeals the mandate for a Federal Advisory Council on problems relating to employment. (Sec. 409) Sets forth requirements for a system of labor market information. Authorizes appropriations for such system. Subtitle B: Linkages with Other Programs - Provides for linkages between programs under this title and specified employment and training assistance programs under: (1) the Trade Act of 1974; (2) the National Apprenticeship Act; (3) veterans employment programs; and (4) the Older Americans Act of 1965. Title V: General Provisions - Allows for State unified plans for two or more of specified one-stop customer service system programs, including programs under titles I, II, or III of this Act, as well as specified programs under the Food Stamp Act of 1977, the Trade Act of 1974, the Wagner-Peyser Act, the Rehabilitation Act of 1973, the Older Americans Act of 1965, State unemployment compensation and Federal unemployment insurance, and certain work programs under the Social Security Act, as well as activities of the Bureau of Apprenticeship and Training, and training activities of the Department of Housing and Urban Development.
Bill· SS. 1180 (105th)open
United States · United States Congress · 16 September 1997
Endangered Species Recovery Act of 1997 - Amends the Endangered Species Act to direct the Secretary of the Interior or Commerce, as appropriate, where required to use the best scientific and commercial data available, to give greater weight to data that is empirical, field-tested, or peer-reviewed when evaluating comparable data. Adds the introduction of species and competition to the list of factors to be considered in making determinations of whether a species is endangered or threatened. Repeals a requirement that a designation of critical habitat be made concurrently with any such determination. Requires the Secretary, upon a determination that the goals of the recovery plan for a species have been met, to initiate procedures for determining whether to remove a species from the endangered or threatened list. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on historical and current range and distribution of the species; (2) appraisals of available data on status and trends of populations of, and threats to, the species; and (3) identification of information contained in the petition that has been peer-reviewed or field-tested. Sets forth requirements for notification of State agencies to solicit assessment of petitions or proposals by the Secretary to list a species. Requires a public hearing to be held in each State that would be affected by a proposed regulation on endangered or threatened species, at the request of any person. Limits the total number of hearings to five. Provides for independent scientific peer review of proposed regulations on endangered or threatened species or determinations that a species should be removed from a list. Repeals provisions regarding recovery plans. Permits withholding or limiting the availability of data requested under Freedom of Information Act provisions if release of the data would be likely to result in increased take of an endangered or threatened species or one proposed for listing. (Sec. 3) Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Requires plans to: (1) contain biological recovery goals and objective, measurable benchmarks to determine progress toward such goals; and (2) identify Federal agencies that authorize, fund, or carry out actions likely to have a significant impact on prospects for recovering the species. Makes such goals subject to independent scientific review. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Permits the Secretary to enter into agreements with Federal agencies, affected States, Indian tribes, local governments, private landowners, and organizations to implement conservation measures identified by approved plans that promote species recovery on lands or waters owned by, or within the jurisdiction of, such parties. Authorizes grants of up to $25,000 to individual landowners for carrying out such agreements. Bars grants for actions for which a permit is required under any Federal law. Sets forth conditions under which States may develop recovery plans. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Provides for revisions of such designations, as appropriate. (Sec. 4) Requires Federal agencies responsible for the management of lands and waters to: (1) provide the Secretary with an inventory of endangered and threatened species as well as species proposed, or identified as candidates, for listing on lands or waters under their control; and (2) update such inventory at least every five years. Directs Federal agencies, prior to commencing any action, to notify the Secretary if such action may affect an endangered or threatened species or critical habitat. Requires a Federal agency to consult with the Secretary on each action for which notification is required unless: (1) such agency determines, based on the opinion of a qualified biologist that the action is not likely to adversely affect such species or habitat; (2) the agency has made such determination and provides the Secretary with the information on which the determination was based; and (3) the Secretary does not object to such determination within 60 days of receiving notification. Permits the Secretary to identify categories of actions determined to have adverse effects and for which consultation shall not apply. Authorizes the Secretary to object to agency determinations under certain conditions. Requires the Secretary to enter into arrangements with the National Academy of Sciences to review and report on agency determinations made under this section. Directs the Comptroller General to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the cost of formal consultation to Federal agencies and other persons. Authorizes Federal agencies implementing land use or resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Authorizes consultation and conferencing between the Secretary and a Federal agency, with the Secretary's approval, to encompass a number of related or similar actions by the agency within a particular geographic area. Permits the consolidation of requests for consultation or conferencing from various Federal agencies whose actions may affect the same species within a particular geographic area. Provides for the participation of States and persons who have sought authorization or funding subject to consultation in consultation proceedings. (Sec. 5) Authorizes the development of multiple species conservation plans which may include measures for non-listed species. (Conservation plans are required to be developed in connection with incidental takings of species which are otherwise prohibited.) Authorizes the Secretary and the heads of Federal agencies to provide technical assistance or guidance to States or persons developing such plans. Establishes deadlines for plan approval. Allows the Secretary to issue a permit for a low effect activity authorizing an otherwise prohibited taking if the activity will have no more than a negligible effect on the species, any taking will be incidental, and the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Requires the Secretary to minimize permitting costs by developing model permit applications that would constitute conservation plans for low effect activities. Requires conservation plans to include a "no surprises" provision such that a person who is in compliance with a plan may not be required to undertake additional mitigation measures for a species covered by the plan if such measures would require additional money or the adoption of additional use, development, or management restrictions on land, waters, or water-related rights that would otherwise be available under the plan. Provides for the identification of plan modifications or other measures that may be required under extraordinary circumstances. Authorizes the Secretary to enter into candidate conservation agreements with a non-Federal person for a species that is proposed for listing, is a candidate species, or is likely to become a candidate species. Sets forth conditions for approval of such agreements. Includes a "no surprises" provision in such agreements as well. Provides for public participation in the development of multiple species conservation plans and permit applications. Authorizes the Secretary to enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for such species. Requires the Secretary, under such agreements, to permit the person to take endangered or threatened species on lands or waters subject to the agreement if the taking is incidental to, and not the purpose of, an otherwise lawful activity. Prescribes a mutually agreed upon baseline requirement that will, at a minimum, maintain existing conditions for the species. Authorizes the baseline to be expressed in terms of the abundance or distribution of species, quantity or quality of habitat, or other appropriate indicators. Provides for grants of up to $10,000 to any private landowner to carry out such agreements, subject to the availability of appropriations. Requires the Secretary to: (1) establish a habitat reserve program to be implemented through contracts or easements to assist non-Federal property owners in preserving and managing suitable habitat for endangered and threatened species; and (2) make payments to such property owners for carrying out an agreement, provided that the activities carried out are not otherwise required by the Act. Authorizes appropriations. Establishes the Habitat Conservation Planning Fund, from which the Secretary may make interest-free advances to States and other political subdivisions to assist in the development of conservation plans. Requires advances to be repaid within ten years or earlier, if no conservation plan is developed or no permit for incidental taking is issued. (Sec. 6) Requires, in civil and criminal actions, actions to enjoin persons alleged to be in violation, or citizen suits brought under the Act, that the Secretary, Attorney General, or other person, as appropriate, establish, using scientifically valid principles, that the acts of a person have caused or will cause the taking of an endangered or threatened species. (Sec. 7) Directs the Secretary to implement a private landowners education and technical assistance program to: (1) inform the public about the Act; (2) respond to requests for technical assistance from property owners interested in conserving listed species, those proposed for listing, and candidate species; and (3) recognize exemplary efforts to conserve species on private land. (Sec. 8) Extends the authorization of appropriations to carry out the Act through FY 2003. Makes additional authorizations of appropriations to carry out specified activities under this Act.
Bill· SS. 1173 (105th)open
United States · United States Congress · 12 September 1997
TABLE OF CONTENTS: Title I: Surface Transportation Subtitle A: General Provisions Subtitle B: Program Streamlining and Flexibility Subtitle C: Finance Subtitle D: Safety Subtitle E: Environment Subtitle F: Planning Subtitle G: Technical Corrections Title II: Research and Technology Subtitle A: Research and Training Subtitle B: Intelligent Transportation Systems Subtitle C: Funding Intermodal Transportation Act of 1997 - Title I: Surface Transportation - Surface Transportation Act of 1997 - Subtitle A: General Provisions - Authorizes the use of specified sums from the Highway Trust Fund (HTF) for: (1) the Interstate (IS) and National Highway System (NHS) Program; (2) the Surface Transportation Program (STP); (3) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); and (4) the Federal Lands Highways Program (FLHP). Modifies the apportionment formulas under Federal highway provisions with respect to: (1) the IS and NHS Program (including an interstate maintenance (IM) and interstate bridge component, as well as funding for the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands); (2) CMAQ (providing for adjustments based on population and level of air pollution and requiring the Secretary of Transportation (Secretary) to use the latest available annual population estimates prepared by the Secretary of Commerce); and (3) STP. Sets forth transitional provisions. Authorizes the Secretary to reimburse the Office of Inspector General of the Department of Transportation (DOT) for the conduct of annual audits of financial statements. (Sec. 1103) Sets forth provisions regarding: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1998 through 2003, with exceptions; and (2) obligation authority. (Sec. 1104) Revises provisions regarding obligation authority under the STP to direct: (1) a State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals certain funds apportioned to the State to make available during the three-fiscal year periods of 1998-2000 and 2001-2003 a specified amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs; and (2) each State, each affected metropolitan planning organization (MPO), and the Secretary to jointly ensure compliance. (Sec. 1105) Amends provisions regarding emergency relief to authorize an emergency fund for expenditure by the Secretary, subject to specified restrictions, for the repair or reconstruction of highways, roads, and trails, in any part of the United States, including Indian reservations, that the Secretary finds to have suffered serious damage as a result of natural disaster over a wide area or catastrophic failure from any external cause. Prohibits the use of funds for the repair or reconstruction of bridges that have been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. Authorizes appropriations from the HTF to establish the fund and replenish it annually. Makes a specified project to repair or reconstruct a Federal-aid primary route in San Mateo County, California, eligible for assistance. (Sec. 1106) Authorizes the use of: (1) Federal land management agency funds to pay the non-Federal cost share of funded Federal-aid highway projects; and (2) FLHP funds to pay the non-Federal cost share of specified projects that provide access to or within Federal or Indian lands. Modifies FLHP provisions to establish a coordinated FLHP. Requires: (1) the Secretary to develop transportation planning procedures that are consistent with required metropolitan and statewide planning processes; (2) the Secretary's approval of the transportation improvement program (TIP); (3) that all regionally significant FLHP projects be developed in cooperation with States and MPOs, and be included in appropriate FLHP, State, and metropolitan plans and TIPs; (4) the inclusion of the approved FLHP TIP in appropriate State and MPO plans and programs without further action on the TIP; and (5) the Secretary and the Secretary of each appropriate Federal land management agency to develop safety, bridge, pavement, and congestion management systems for roads funded under the FLHP. Allows funds available for public lands highways, park roads and parkways, and Indian reservation roads to be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay for the cost of transportation planning, research, engineering, and construction of the highways, roads, and parkways, or of transit facilities within public lands, national parks, and Indian reservations. Includes among eligible projects a project to build a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona. Directs: (1) the Secretary to transfer to the appropriate Federal land management agency from amounts made available for public lands highways such amounts as necessary to pay the cost to the agency to conduct necessary transportation planning for Federal lands if funding for the planning is not otherwise provided; and (2) the Indian tribal government, in cooperation with the Secretary of the Interior and, as appropriate, with a State, local government, or MPO, to carry out a transportation planning process in accordance with this Act. (Sec. 1107) Directs the Secretary to carry out a program to provide and maintain recreational trails. Sets forth provisions regarding State responsibilities, use of apportioned funds, State consideration of proposals that benefit or mitigate the impact to the natural environment, the Federal share (80 percent), uses not permitted, project administration, apportionment among the States, administrative costs, and contract authority. Makes amounts available from the HTF for FY 1998 through 2003 for such program. (Sec. 1108) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to: (1) increase from five to 15 the number of value (formerly, congestion) pricing pilot programs eligible for funding; (2) require the Secretary to fund all pre-implementation costs; and (3) remove the three-program cap on the number of such programs on which the Secretary shall allow the use of tolls on the IS. Makes sums available from the HTF for each of FY 1998 through 2003. (Sec. 1109) Repeals provisions regarding economic growth center development highways. Revises provisions of ISTEA regarding highway use tax evasion projects to set the Federal share of such projects at 100 percent and to make available specified funds to the Secretary from the HTF for FY 1998 through 2003. Directs the Secretary to enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service (IRS) for the development and maintenance by the IRS of an excise fuel reporting system. Authorizes appropriations to the Secretary from the HTF for development, operation, and maintenance of the system. (Sec. 1110) Includes the construction of pedestrian walkways as an eligible use of States' NHS apportionments under the same criteria by which bicycle transportation facilities are eligible. Removes a restriction against safely accommodating bicycles on highway bridges located on fully access-controlled highways. Modifies planning provisions to require that: (1) consideration be given to bicyclists and pedestrians in the comprehensive statewide and metropolitan planning processes; and (2) the inclusion of bicycle transportation facilities and pedestrian walkways be considered in conjunction with all new construction and reconstruction of transportation facilities, except where such transportation is not permitted. (Sec. 1111) Requires that: (1) at least ten percent of the funds authorized for specified programs under this Act be expended with small businesses owned and controlled by socially and economically disadvantaged individuals; (2) each State annually survey and compile a list of such businesses; and (3) the Secretary establish minimum uniform criteria for State government use in certifying business qualification. (Sec. 1112) Revises provisions regarding the Federal share payable on IS and other projects to authorize a State to determine a lower Federal share than that determined under such provisions. Authorizes a State to use as a credit toward the non-Federal share requirement for any program under ISTEA or specified Federal highway provisions, other than an emergency relief program, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain, without the use of Federal funds, highways, bridges, or tunnels that serve the public purpose of interstate commerce, subject to specified requirements. (Sec. 1113) Directs the Comptroller General of the United States to conduct: (1) an evaluation of the methodology used by DOT to determine highway needs using the highway economic requirement system (the model); and (2) a study on the extent to which the model can be used to provide States with useful information for developing State transportation investment plans and State infrastructure investment projections. Sets forth reporting requirements. Requires: (1) the Comptroller General to submit reports to the Congress on the international roughness index that is used as an indicator of pavement quality on the Federal-aid highway system; and (2) the Secretary to publish or otherwise report rates of obligation of funds apportioned or set aside according to program, funding category or subcategory, type of improvement, State, and sub-State geographic area on the basis of population. (Sec. 1115) Establishes the Cooperative Federal Lands Transportation Program, under which funds may be used for projects on highways that are owned or maintained by States or political subdivisions thereof that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Directs that such projects be proposed by a State and selected by the Secretary. Sets forth provisions regarding formulas for the distribution of funds for projects, funds transfers, and rights-of-way across Federal land (not affected). Makes specified funds available from the HTF for FY 1998 through 2003. (Sec. 1116) Directs the Secretary to make incentive grants to designated States and MPOs to encourage joint transportation planning activities and to improve people and vehicle movement into and through international gateways as a supplement to statewide and metropolitan transportation planning funding. Requires as a grant condition that a State transportation department or MPO certify to the Secretary that it commits to be engaged in joint planning with its counterpart agency in Mexico or Canada. Limits grant awards to $100,000 per department or MPO for any fiscal year. Makes funds available from the HTF for FY 1998 through 2003. Requires the Secretary to make grants to States to encourage, within the framework of the statewide transportation planning process, cooperative multistate corridor analysis of, and planning for, the safe and efficient movement of goods along and within international or interstate trade corridors of national importance. Sets forth provisions regarding the identification of corridors, corridor plans, and planning coordination. Consents to any two or more States: (1) entering into multistate agreements for cooperative efforts and mutual assistance in support of interstate trade corridor planning activities; and (2) establishing agencies to make the agreements effective. Makes specified funds available from the HTF for each of FY 1998 through 2003. Directs the Secretary to make grants to States or MPOs that submit an application that: (1) demonstrates need for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws; and (2) includes strategies to involve both the public and private sectors in the proposed project. Sets forth provisions regarding: (1) the selection of States, MPOs, and projects to receive grants; (2) permissible uses of grants; and (3) construction of transportation infrastructure for law enforcement purposes. Authorizes appropriations for FY 1998 through 2003. Sets forth provisions regarding coordination of planning, the Federal cost share, and the use of unallocated funds. (Sec. 1117) Amends the Appalachian Regional Development Act of 1965 to provide that: (1) each allocation to a State for the Appalachian development highway system shall remain available for expenditure for the fiscal year in which the allocation is made and the three following fiscal years; and (2) funds authorized for FY 1998 or thereafter, and not expended by a State during those four fiscal years, shall be released to the Appalachian Regional Development Commission for reallocation. Includes within the Appalachian development highway system a substitute corridor in lieu of Corridor H in Virginia. Increases the Federal share for prefinanced projects. Makes specified funds available for the continued construction of the system for FY 1998 through 2003. (Sec. 1118) Directs the Secretary to set aside specified funds for IS resurfacing, restoring, rehabilitating, or reconstructing, and for highway bridge replacement or rehabilitation, subject to specified requirements. (Sec. 1119) Requires the Secretary to solicit applications from States, or authorities designated by one or more States, for financial assistance authorized under this section for planning, design, and construction of eligible MAGLEV (i.e, transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour) projects. Sets forth provisions regarding project eligibility, the Federal cost share, project selection criteria, and joint ventures. Makes funds available from the HTF for FY 1999 and 2000. Authorizes appropriations from the HTF for FY 2000 through 2003. Permits the use by a State of certain STP and CMAQ funds to pay a portion of project costs. (Sec. 1120) Requires the Secretary to execute an agreement with the Woodrow Wilson Memorial Bridge Authority or any Capital Region jurisdiction before funds made available under this section are available for construction of the replacement bridge, which shall identify whether the Authority or an individual entity will accept ownership of the new facility, and include a financial plan that identifies the total cost, schedule, and source of funds necessary to complete the project. Modifies the definition of the project to require that the replacement bridge be the preferred alternative identified in the record of decision in compliance with the National Environmental Policy Act. Authorizes appropriations from the HTF for FY 1998 through 2003 to pay the costs of planning, preliminary engineering and design, final engineering, acquisition of rights-of-way, and construction of the project. (Sec. 1121) Establishes the NHS as those routes and transportation facilities depicted on the map submitted by the Secretary to the Congress with a specified report, dated May 24, 1996. (Sec. 1122) Replaces the bridge program authorized in ISTEA with a requirement that States maintain their current funding levels for bridges on the Federal-aid system. Requires States to reserve at least an amount equivalent to the funding a State received under the bridge program for FY 1997 for bridges on either the IS, the NHS, or other Federal-aid roads. Requires an amount equivalent to at least 15 percent of a State's FY 1997 bridge apportionment to be expended on bridges off the Federal-aid system. Replaces the current requirement that States with Indian reservations reserve one percent of their bridge program funds for Indian reservation bridges to direct the Secretary to reserve at least $9 million for a program to fund improvements to Indian bridges. (Sec. 1123) Extends eligibility for CMAQ funding to include areas classified as submarginal ozone nonattainment areas and flexible attainment regions. Modifies eligibility for such funding to allow a State with a nonattainment area or maintenance area that received the minimum apportionment to use that amount of its apportionment not based on its nonattainment and maintenance area population on any project in the State eligible for STP funds. Excludes projects funded with CMAQ apportionments from the list of safety projects eligible for 100 percent Federal participation (making the standard 80 percent Federal share applicable). (Sec. 1124) Amends the National Highway System Designation Act of 1995 to remove Maine from the list of States (currently, Maine and New Hampshire) to which specified safety belt use law requirements apply. Updates and extends such requirements with respect to New Hampshire (requiring a belt use rate of at least 50 percent in FY 1997 through 2000). Subtitle B: Program Streamlining and Flexibility - Chapter 1: General Provisions - Replaces ISTEA provisions directing the Secretary to deduct up to three and three quarters per cent of specified apportionments for administrative expenses with a requirement that the Secretary deduct up to one and one half percent of certain Federal-aid highway apportionments to administer the Federal-aid highway program. (Sec. 1202) Amends Federal highway provisions to: (1) authorize advance acquisition of real property for transportation improvements (currently limited to highway projects); and (2) provide a credit for acquired lands based on the value of publicly owned lands incorporated within a federally funded project. (Sec. 1203) Permits obligations incurred in prior fiscal years and released in a current fiscal year to be made available for reobligation. (Sec. 1204) Repeals a restriction that applies the Federal-non-Federal matching share requirement to each payment a State receives for construction. Makes the requirement applicable to total project costs rather than to individual voucher payments. (Sec. 1205) Replaces provisions regarding income from airspace rights-of-way with provisions regarding proceeds from the sale or lease of real property acquired with assistance from the HTF. (Sec. 1206) Amends the National Highway System Designation Act of 1995 to provide that the Secretary shall not require States to use or plan the use of the metric system (currently, the Secretary may not require such action before September 30, 2000). (Sec. 1207) Requires the Secretary to submit to the Congress an annual (currently, monthly) report on States' obligations for Federal-aid highways, highway safety construction programs, and unobligated balances. (Sec. 1208) Terminates the right-of-way revolving fund (and provides for a 20 year close-out period), a pilot toll collection program, and a congressional bridge commission). Directs the Secretary to terminate the National Recreational Trails Advisory Committee. (Sec. 1209) Revises: (1) the eligible uses of funds apportioned for IM; and (2) the rules regarding the ability to transfer such funds to other Federal-aid highway programs. Chapter 2: Project Approval - Provides for the program-wide, rather than project-by-project, transfer and administration of transit funds made available for highway projects and highway funds made available for transit projects. Requires the Secretary to administer specified funds made available and transferred to Amtrak. (Sec. 1222) Eliminates provisions regarding State plans, specifications, and estimates for highway projects, including a provision limiting construction engineering costs to 15 percent of the total estimated costs of projects financed by Federal highway funds within a State in a fiscal year. Directs: (1) the Secretary to act upon plans, specifications, and estimates submitted by the State transportation department as soon as practicable and to enter into an agreement formalizing the conditions of project approval; and (2) the project agreement to make provision for State funds required for the State's pro rata share of project construction and maintenance costs. Authorizes the Secretary to discharge to the States with their approval the Secretary's responsibilities for the design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS. (Sec. 1223) Requires States to set aside eight (currently, ten) percent of the STP funds for transportation enhancement activities. Reduces the current quarterly, project-by-project State certification and notification requirements to annual, program-wide approval of each State's project agreement. (Sec. 1224) Authorizes States to use design-build contracting for Federal-aid highway projects meeting specified minimum criteria. Chapter 3: Eligibility and Flexibility - Redefines "operational improvement" to include the installation, operation, or maintenance of certain intelligent transportation systems (ITS) infrastructure projects. (Sec. 1232) Specifies that the construction of ferry boats and ferry terminal facilities are eligible uses of NHS, STP, and CMAQ funds. (Sec. 1233) Requires each State to set aside two percent of its STP apportionment for railway-highway crossings, two percent for hazard elimination activities, and six percent for railway highway crossings or hazard elimination activities. (Sec. 1234) Expands eligibility of projects on the NHS and under the STP. (Sec. 1236) Eliminates a requirement that a State highway project plan accommodate future traffic demands. Requires the Secretary to ensure the consideration of planned future traffic needs. Subtitle C: Finance - Chapter 1: General Provisions - Authorizes the Secretary to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance, subject to specified requirements. Chapter 2: Transportation Infrastructure Finance and Innovation - Transportation Infrastructure Finance and Innovation Act of 1997 - Establishes a transportation Federal credit assistance pilot program to provide alternative financing for eligible surface transportation projects. Sets forth eligibility criteria. (Sec. 1315) Authorizes the Secretary to enter into agreements with one or more obligors to make secured and direct loans to finance eligible project costs (including the refinancing of interim construction financing of such project costs for a limited time period). (Sec. 1318) Amends Federal transportation law to revise the duties of the Secretary to include, among other things, to develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. Directs the Secretary to establish within the Office of the Secretary an Office of Infrastructure Finance, headed by a Director responsible for: (1) carrying out certain responsibilities of the Secretary, and research on financing transportation infrastructure; and (2) providing technical assistance to Federal, State, and local government agencies and officials to facilitate the development and use of alternative techniques for financing transportation infrastructure. (Sec. 1321) Makes specified sums available from the HTF for FY 1998-2003 to carry out this chapter. (Sec. 1322) Sets forth reporting requirements. Subtitle D: Safety - Directs the Secretary to set aside for each of FY 1998 through 2003 from STP funds: (1) $500,000 to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings; and (2) $5 million for elimination of hazards of such crossings. (Sec. 1403) Expands the list of projects eligible for railway-highway funds to include trespassing countermeasures, safety education, enforcement of traffic laws, and publicly sponsored projects at privately owned railway-highway crossings. Requires States to report to DOT on certain completed projects. Repeals a requirement that half of such funds be available for installation of protective devices at such crossings. (Sec. 1404) Expands list of projects eligible for hazard elimination program funds to include projects that would remove road hazards to bicyclists. Repeals a prohibition on States using such funds to correct hazards on IS routes . (Sec. 1405) Requires the Secretary, if a State has not enacted or is not enforcing a repeat intoxicated driver law, to transfer one and one-half percent of a State's NHS and STP funds to the apportionment to be used for alcohol-impaired driving programs. Increases such percentage to three percent in FY 2002 and thereafter. Defines a "repeat intoxicated driver law" as one that requires, at a minimum, drivers with alcohol concentrations greater than or equal to .15 percent who are convicted of a second or subsequent offense within five years of the earlier conviction to receive a license suspension for at least one year, an assessment of the degree of alcohol abuse and treatment, as appropriate, and 30 days' community service or five days' imprisonment. (Sec. 1406) Provides incentive grants to States that either obtain a State seat belt use rate above the national average or increase the State seat belt usage. Makes funding available from the HTF for FY 1998 through 2003. Subtitle E: Environment - Directs the Secretary to carry out a National Scenic Byways program, and to make grants and provide technical assistance to States to implement National Scenic Byways, State scenic byways, and All-American Roads projects and plan, design, and develop a State scenic byway program. Sets the Federal share at 80 percent, with exceptions. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 1502) Allows an MPO, State transportation department, or other project sponsor to enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under CMAQ. Provides that activities eligible for funding in the case of projects for the use of alternative fuels by privately owned vehicles or vehicle fleets shall include costs of vehicle refueling infrastructure and other capital investments associated with the project but shall not include costs that would be borne by a private party or that would otherwise be offset under any other Federal, State, or local program. Prohibits a Federal participation payment from being made regarding any activity that is required under the Clean Air Act or any other Federal law. (Sec. 1503) Directs the Secretary to establish a national wetland restoration pilot program to fund specified mitigation projects to offset the degradation of wetlands, or the loss of functions and values of the aquatic resource, resulting from highway projects carried out before December 27, 1977, for which mitigation has not been performed. Sets forth provisions regarding selection of projects (and the formation of an interagency advisory council), selection criteria for priority projects, and reporting requirements. Makes specified funds available from the HTF for FY 1998 through 2003. Subtitle F: Planning - Revises provisions regarding metropolitan transportation planning. Sets forth specified boundary requirements for urbanized areas designated after this Act's enactment as ozone or carbon monoxide nonattainment areas, including that the boundaries of the metropolitan planning area be established by agreement between the local government and the Governor and encompass at least the urbanized and contiguous areas expected to become urbanized in a 20-year forecast period. Revises factors to be considered in the metropolitan transportation planning process. Requires such factors and State or local goals to be addressed in long-range transportation plans as they relate to a 20-year forecast and other forecast periods determined by planning process participants. Requires financial plans included in transportation management programs to indicate available resources and innovative financing techniques without requirements for indicating project-specific funding sources. Lists parties responsible for selection of federally funded projects to be implemented in metropolitan areas from approved transportation improvement programs. Authorizes the Secretary to withhold up to 20 percent of Federal highway and mass transportation funds attributable to a transportation management area if a metropolitan planning process is not certified. (Currently, all or part of STP funds may be withheld for failures to certify.) (Sec. 1602) Makes amendments to statewide planning provisions similar to those made to metropolitan planning provisions with respect to: (1) factors considered in the planning process; (2) elimination of requirements for project-specific funding sources; and (3) a 20-year forecast period for long-range transportation plans. (Sec. 1603) Directs the Secretary to establish: (1) an advanced travel forecasting procedures program; and (2) a comprehensive initiative to investigate and address the relationships between transportation and community and system preservation. Makes funds available from the HTF for FY 1998 through 2003. Subtitle G: Technical Corrections - Makes technical and conforming changes to Federal highway law. Increases the maximum allowable mileage on the NHS to 178,250 miles. Describes the Dwight D. Eisenhower National System of Interstate and Defense Highways and limits maximum mileage on the IS to 43,000 miles, exclusive of additional designations authorized by the Secretary. Title II: Research and Technology - Subtitle A: Research and Training - Amends Federal transportation law to direct the Secretary to establish a strategic planning process to: (1) determine national transportation research, development, and technology (RD&T) deployment priorities, strategies, and milestones over the next five years; (2) coordinate Federal transportation RD&T deployment activities; and (3) measure the impact of specified RD&T investments on the performance of the U.S. transportation system. Sets forth provisions regarding transactional authority of the Secretary, implementation of such process, and reporting requirements. Authorizes funds from the HTF for FY 1998 through 2003. (Sec. 2002) Directs the Secretary to establish a Multimodal Transportation Research and Development Program. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2003) Directs the Secretary to make grants to, or enter into contracts with, selected nonprofit institutions of higher learning to operate one university transportation center in each of the ten Federal administrative regions that comprise the Standard Federal Regional Boundary System. Authorizes the Secretary to make grants to such institutions to establish and operate up to ten additional centers to address specified transportation issues. Sets forth provisions regarding selection criteria, the Federal cost share, program coordination, and review and evaluation. Makes funds available from the HTF for each of FY 1998 through 2003. (Sec. 2004) Expands the list of topics to be covered by the Bureau of Transportation Statistics (BTS), including transportation-related variables influencing global competitiveness. Requires the Director of BTS to: (1) establish and maintain a transportation data base for all modes of transportation, and a National Transportation Library; and (2) develop and maintain geospatial data bases that depict transportation networks, flows of people, goods, vehicles, and craft over the networks, and social, economic, and environmental conditions that affect or are affected by the networks. Authorizes the Secretary to make specified research and development grants, including for development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library. Sets forth provisions regarding prohibited disclosures, and disposition of proceeds of data product sales. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2005) Directs the Secretary to: (1) carry out certain transportation-related RD&T transfer activities (and authorizes the Secretary to test, develop, or assist in testing and developing any material, invention, patented article, or process); and (2) develop and carry out programs to facilitate the application of such products of research and technical innovations as will improve the safety, efficiency, and effectiveness of the transportation system. Authorizes the Secretary to carry out certain collaborative research and development activities. Sets forth mandatory elements of surface transportation RD&T transfer programs. (Sec. 2006) Directs the Secretary to establish an advanced research program within the FHWA to address longer-term, higher-risk research that shows potential benefits for improving the durability, mobility, efficiency, environmental impact, productivity, and safety of transportation systems. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2007) Directs the Secretary to complete long-term pavement performance program tests through the midpoint of a planned 20-year life of the program. Makes HTF funds available for FY 1998 through 2003. (Sec. 2008) Makes two percent of certain transportation funds available to the States for each fiscal year to fund planning and research. (Sec. 2009) Directs the Secretary to carry out a transportation assistance program to provide access to modern highway technology to: (1) certain low-population and rural highway and transportation agencies; and (2) contractors who work for such agencies. Authorizes the Secretary to make grants and enter into cooperative agreements and contracts to: (1) assist rural local transportation agencies, tribal governments, and consultants; (2) deliver transportation technology and traffic safety information to local jurisdictions; (3) operate local technical assistance program centers; and (4) allow local transportation agencies and tribal governments to enhance new technology implementation. Makes funds available from the HTF for FY 1998 through 2003. Directs the Secretary to: (1) establish and operate in FHWA a National Highway Institute; and (2) carry out a Dwight David Eisenhower Transportation Fellowship Program to attract qualified students to the field of transportation. Makes funds available from the HTF for FY 1998 through 2003. (Sec. 2010) Provides authorized uses of international highway transportation outreach program funds. Enables States to use their State Planning and Research Program Funds for program activities. (Sec. 2011) Directs the Secretary to develop and administer a national technology deployment initiatives and partnerships program. Sets forth reporting requirements. Makes HTF funds available for FY 1998 through 2003. (Sec. 2012) Directs the Secretary to: (1) report every two years on estimates of the future highway and bridge needs of the United States; (2) establish and carry out a program to demonstrate the application of innovative material technology in the construction of bridges and other structures (and makes HTF funds available for FY 1998 through 2003); (3) make a grant to, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences to conduct a study to determine the goals, purposes, research agenda and projects, administrative structure, and fiscal needs for a new strategic highway research program (and sets reporting requirements); and (4) encourage and promote joint partnerships for advanced vehicles, components, and infrastructure (and sets forth reporting requirements and authorizes appropriations). Subtitle B: Intelligent Transportation Systems - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to carry out a comprehensive program of intelligent transportation systems (ITS) research, development, operational testing, technical assistance and training, national architecture activities, standards development and implementation, and other similar activities, including a program to conduct research, development, and engineering designed to stimulate and advance deployment of an integrated intelligent vehicle program and an integrated intelligent infrastructure program. Sets forth provisions regarding priorities, cost sharing, a six-year plan, reporting and evaluation requirements, and funding. Directs the Secretary to: (1) maintain a repository for technical and safety data collected as a result of federally sponsored projects and, upon request, make such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (2) carry out a program to advance traffic incident management and response technologies, strategies, and partnerships that are fully integrated with ITS; (3) conduct a comprehensive program to accelerate the integration and interoperability of ITS; (4) conduct a comprehensive program to accelerate the integration or deployment of ITS in rural areas; and (5) carry out a comprehensive program to promote the safety and productivity of commercial vehicles and drivers, and reduce costs associated with commercial vehicle operations and State and Federal commercial vehicle regulatory requirements. Makes HTF funds available for FY 1998 through 2003. Requires the Secretary to develop, implement, and maintain a national architecture and supporting standards to promote the widespread use and evaluation of ITS technology as a component of U.S. surface transportation systems. Sets forth provisions regarding reporting requirements, waivers, funding limitations, and advisory committees. Repeals the Intelligent Transportation Systems Act of 1991. Subtitle C: Funding - Makes funds available from the HTF for research, technology, and training for FY 1998 through 2003. Limits obligations for each such year.
Bill· SS. 1174 (105th)referred
United States · United States Congress · 12 September 1997
TABLE OF CONTENTS: Title I: Improvements in IRS Management and Oversight Title II: Improving the Efficiency of Tax Administration Title III: Providing Flexibility for IRS Management Internal Revenue Service Improvement Act of 1997 - Title I: Improvements in IRS Management and Oversight - Amends the Internal Revenue Code to set a term of five years for the Commissioner of Internal Revenue. (Sec. 102) Establishes within the Department of the Treasury an Internal Revenue Service Management Board (with an Executive Committee) consisting of career and non-career employees. Directs such Board to support directly the Secretary of the Treasury in the oversight of the management and operation of the IRS. Directs the Secretary to establish the Internal Revenue Service Advisory Board, which shall be composed of individuals from the private sector, to advise the Secretary on the management and operation of the IRS. Sets forth reporting requirements. (Sec. 103) Establishes an Office for Customer Service, which shall be under the direction of an Assistant Commissioner of Internal Revenue, to be responsible for all taxpayer assistance and education. (Sec. 104) Establishes an Office of the Taxpayer Advocate which shall, among other things, assist taxpayers in resolving problems with the IRS. Sets forth reporting requirements. Title II: Improving the Efficiency of Tax Administration - Authorizes the Secretary to promote and encourage the use of electronic tax administration programs. (Sec. 202) Authorizes the Secretary to enter into tax administration agreements with State tax authorities. Title III: Providing Flexibility for IRS Management - Amends Federal law concerning Government organization and employees to add a new chapter entitled Personnel Flexibilities Relating to the Internal Revenue Service. Sets forth provisions under such chapter concerning: (1) pay authority; (2) recruitment, retention, and relocation incentives; (3) performance awards; (4) career reserved positions; (5) demonstration project authority; (6) the establishment of an IRS performance management system; (7) the establishment of one or more broad-banned pay and classification systems covering all or any portion of the IRS workforce; and (8) general workforce staffing. (Sec. 302) Authorizes appropriations. (Sec. 303) Expresses the sense of the Congress that: (1) IRS century date computer issues should be fully funded so as to resolve such issues; (2) IRS enforcement, tax processing, taxpayer assistance and management should be funded at no less than current levels for the next three years; and (3) multi-year budgets should be adopted for IRS technology and capital investment programs so as to ensure stability in the implementation of those programs.
Bill· SS. 1169 (105th)referred
United States · United States Congress · 11 September 1997
Teacher Excellence in America Challenge Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to replace current State and local Programs for Teacher Excellence with a Teacher Excellence in America Challenge program under which the Secretary of Education may award competitive grants to professional development partnerships for 80 percent of the cost of providing teacher preparation, induction, classroom experience, and professional development opportunities to prospective, beginning, and veteran teachers while improving the education of students in the classroom. Provides for such professional development partnerships among institutions of higher education, elementary schools or secondary schools, local educational agencies (LEAs), State educational agencies, teacher organizations, and nonprofit organizations. Requires that priority be given to partnerships serving elementary schools, secondary schools, or LEAs that serve high percentages of children from families below the poverty line. Lists activities for which partnerships shall use such grants, excluding construction, renovation, or repair of any school or facility. Sets forth requirements for grant applications and partnership assurances. Directs the Secretary to reserve a certain amount of funds under this Act for national evaluation and information dissemination activities. Authorizes appropriations. Repeals the following HEA programs: (1) National Teacher Academies; (2) Paul Douglas Teacher Scholarships; (3) the Teacher Corps; (4) the Class Size Demonstration Grant program; (5) Middle School Teaching Demonstration Programs; (6) New Teaching Careers programs (for minority teacher recruitment); and (7) Programs for Special Populations, including the National Mini Corps Program, Foreign Language Instruction, Small State Teaching Initiative, Faculty Development Grants, and Early Childhood Education Training.
Bill· SS. 1160 (105th)open
United States · United States Congress · 10 September 1997
Educational Facilities Improvement Act - Amends the Elementary and Secondary Education Act of 1965 to establish an educational facilities construction and renovation bond subsidy program. Directs the Secretary of Education to use such bond subsidy program funds to pay up to 50 percent, according to a sliding scale based on need, of the interest costs applicable to any State or local bond for construction or renovation of educational facilities in local areas. Provides for: (1) mandatory direct grants to local bond authorities for up to 100 local areas with the highest numbers of school age children whose families do not exceed 100 percent of the poverty line (plus an optional 25 additional local areas with extraordinary construction or renovation needs); and (2) mandatory grants to States for State or local bond authority assistance for local areas according to a specified formula. Authorizes reservation of specified amounts for Indian schools, schools in U.S. territories, and certain studies, evaluations, and reports. Sets forth requirements for authorized activities, waivers (in order to increase assistance), fair wages, and reports. Makes appropriations for FY 1998. Amends the Internal Revenue Code with respect to foreign tax credit carryback and carryover periods to: (1) reduce from two years to one year the carryback period for unused credits; and (2) extend the carryover period from five years to seven years.
Bill· HRH.R. 2452 (105th)referred
United States · United States Congress · 10 September 1997
Parents as First Teachers Act of 1997 - Authorizes the Secretary of Health and Human Services to make grants to eligible counties to carry out programs to provide: (1) early childhood development and education training to parents in families that receive assistance under State programs funded under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act, for the purpose of preparing such parents to obtain employment as caregivers of high quality child care services; and (2) supportive services and job placement services to such parents necessary for their participation in such training and their obtaining such employment at the completion of such training. Authorizes appropriations.
Resolution· HCONRESH.Con.Res. 150 (105th)referred
United States · United States Congress · 10 September 1997
Expresses the sense of the Congress relating to the timely distribution of payments to local educational agencies (LEAs) under the Impact Aid (IA) program of the Elementary and Secondary Education Act of 1965. Declares such IA program should be funded at a level that allows its funds to be made available on the currently-required, forward-funded basis. Declares that the Secretary of Education, upon completion of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act for each fiscal year, should distribute such IA program payments to eligible LEAs within 45 days after the enactment of each such Act, if other congressional action has not caused a delay and State education agencies have supplied all the necessary information to the Department of Education for such distribution of payments.
Bill· SS. 1156 (105th)open
United States · United States Congress · 9 September 1997
District of Columbia Appropriations Act, 1998 - Makes appropriations for the District of Columbia for FY 1998, including amounts for: (1) the Federal payment for management reform; (2) the Federal contribution toward costs of operating the District government; (3) Federal payments to the District's Corrections Trustee for operations and correctional facilities; and (4) the Federal payment to the District courts. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) financing and other uses; (8) enterprises and other uses; (9) the Water and Sewer Authority and the Washington Aqueduct; (10) the Lottery and Charitable Games Control Board; (11) the Starplex Fund; (12) D.C. General Hospital; (13) the D.C. Retirement Board; and (14) the Washington Convention Center Enterprise Fund. Makes appropriations for: (1) the District's Financial Responsibility and Management Assistance Authority (Authority); (2) capital outlays; and (3) deficit reduction and revitalization. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 128) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 130) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 132) Amends the District of Columbia Self-Government and Governmental Reorganization Act to require the Authority (currently, the Mayor) to submit certain annual reports and plans on performance accountability of the District government to specified congressional committees and the Comptroller General. Requires the Chief Financial Officer (currently, the Mayor) to submit annual plans and reports regarding financial accountability as well as quarterly financial reports. Changes the deadline for the initial plans and reports. (Sec. 133) Sets forth conditions regarding the Mayor's nomination of department heads pursuant to the National Capital Revitalization and Self-Improvement Act of 1997. (Sec. 134) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 135) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 140) Establishes a ceiling on total operating expenses for the District for FY 1998. Permits increases of such amount for: (1) one-time emergency or unanticipated operating or capital needs transactions approved by the Authority; and (2) additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures. Sets forth conditions under which grants excluded from such ceiling may be accepted. (Sec. 141) Amends the District of Columbia Retirement Reform Act to exclude up to 50 police officers and 50 fire and emergency medical services members who were hired before February 14, 1980, and who retire on disability before the end of 1998 from the computation of the rate of disability retirements for purposes of reducing the authorized Federal payment to the District of Columbia Police Officers and Fire Fighters' Retirement Fund. (Sec. 142) Directs the District of Columbia Emergency Transitional Education Board of Trustees to: (1) develop a comprehensive plan to identify and accomplish energy conservation measures to achieve maximum cost-effective energy and water savings; (2) enter into innovative financing and contractual mechanisms for such purposes; and (3) encourage District agencies to participate in programs conducted by utilities for the management of electricity or gas demand or energy or water conservation. (Sec. 143) Amends the District of Columbia Self-Government and Governmental Reorganization Act to require all Special Masters appointed by the District Superior Court or the U.S. district court for the District circuit to any District government agency to submit annual estimates of expenditures and appropriations to the Authority for inclusion in the annual budget. (Sec. 144) Authorizes the Secretary to reimburse the District government for District law enforcement services, personnel, equipment, and facilities used for protection of the President and Vice-President. Repeals provisions of Federal law that authorize the U.S. Government and the District government to enter into intergovernmental service agreements. (Sec. 145) Makes additional appropriations for U.S. Park police operations in the District. (Sec. 146) Requires the District government to maintain funding for homeless services in FY 1998 at FY 1997 levels. (Sec. 147) Directs the Authority and the Chief Executive Officer of the District public schools to report to specified congressional committees on measures to be taken to ensure that the District's public schools open on time to begin the 1998-99 academic year.
Bill· SS. 1153 (105th)referred
United States · United States Congress · 8 September 1997
Directs the Secretary of Agriculture to continue operation of the Food Animal Residue Avoidance Database program through contracts with appropriate colleges or universities. Authorizes appropriations.
Bill· HRH.R. 2428 (105th)open
United States · United States Congress · 8 September 1997
TABLE OF CONTENTS: Title I: Improvements in IRS Management and Oversight Title II: Improving the Efficiency of Tax Administration Title III: Providing Flexibility for IRS Management Internal Revenue Service Improvement Act of 1997 - Title I: Improvements in IRS Management and Oversight - Amends the Internal Revenue Code to set a term of five years for the Commissioner of Internal Revenue. (Sec. 102) Establishes within the Department of the Treasury an Internal Revenue Service Management Board (with an Executive Committee) consisting of career and non-career employees. Directs such Board to support directly the Secretary of the Treasury in the oversight of the management and operation of the IRS. Directs the Secretary to establish the Internal Revenue Service Advisory Board, which shall be composed of individuals from the private sector, to advise the Secretary on the management and operation of the IRS. Sets forth reporting requirements. (Sec. 103) Establishes an Office for Customer Service, which shall be under the direction of an Assistant Commissioner of Internal Revenue, to be responsible for all taxpayer assistance and education. (Sec. 104) Establishes an Office of the Taxpayer Advocate which shall, among other things, assist taxpayers in resolving problems with the IRS. Sets forth reporting requirements. Title II: Improving the Efficiency of Tax Administration - Authorizes the Secretary to promote and encourage the use of electronic tax administration programs. (Sec. 202) Authorizes the Secretary to enter into tax administration agreements with State tax authorities. Title III: Providing Flexibility for IRS Management - Amends Federal law concerning Government organization and employees to add a new chapter entitled Personnel Flexibilities Relating to the Internal Revenue Service. Sets forth provisions under such chapter concerning: (1) pay authority; (2) recruitment, retention, and relocation incentives; (3) performance awards; (4) career reserved positions; (5) demonstration project authority; (6) the establishment of an IRS performance management system; (7) the establishment of one or more broad-banned pay and classification systems covering all or any portion of the IRS workforce; and (8) general workforce staffing. (Sec. 302) Authorizes appropriations. (Sec. 303) Expresses the sense of the Congress that: (1) IRS century date computer issues should be fully funded so as to resolve such issues; (2) IRS enforcement, tax processing, taxpayer assistance and management should be funded at no less than current levels for the next three years; and (3) multi-year budgets should be adopted for IRS technology and capital investment programs so as to ensure stability in the implementation of those programs.
Law· SS. 1150 (105th)enacted
United States · United States Congress · 5 September 1997
TABLE OF CONTENTS: Title I: Priorities, Scope, and Review of Agricultural Research, Extension, and Education Title II: Other Reforms of Agricultural Research, Extension, and Education Subtitle A: Amendments to National Agricultural Research, Extension, and Teaching Policy Act of 1977 Subtitle B: Amendments to Food, Agriculture, Conservation, and Trade Act of 1990 Subtitle C: Amendments to Other Laws Subtitle D: New Programs Subtitle E: Studies and Miscellaneous Title III: Initiative for Future Agriculture and Food Systems Title IV: Extension or Repeal of Certain Authorities; Technical Amendments Title V: Agricultural Program Savings Agricultural Research, Extension, and Education Reform Act of 1997 - Title I: Priorities, Scope, and Review of Agricultural Research, Extension, and Education - Directs the Secretary of Agriculture (Secretary) to: (1) ensure that agricultural research, education, or extension activities of the Agricultural Research Service (ARS) and the Cooperative State Research, Education, and Extension Service (CSREES) are priority concerns with a national or multistate significance; and (2) establish such priorities. (Sec. 103) Directs the Secretary to provide for: (1) scientific peer review of research grants and merit review of extension and education grants by CSREES; and (2) scientific peer review of ARS research. Requires pre-funding merit review of land grant college and university research and extension activities. Makes related amendments to the Smith-Lever Act and the Hatch Act of 1887. (Sec. 104) Amends such Acts to set forth multistate project requirements for research and extension funding. (Sec. 106) Amends the Research Facilities Act and the Competitive, Special, and Facilities Research Grant Act to provide for multistate or national activities. Title II: Other Reforms of Agricultural Research, Extension, and Education - Subtitle A: Amendments to National Agricultural Research, Extension, and Teaching Policy Act of 1977 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize the Secretary to maintain a national food and agricultural education information system. (Sec. 204) Includes teaching within the activities of international research and extension. Authorizes grants for collaborative projects among Federal scientists, university faculty, and scientists from international agricultural institutions, including centers of the Consultative Group on International Agriculture Research. (Sec. 206) Makes all colleges and universities eligible for agricultural research, extension, and education cost-reimbursable agreements. Subtitle B: Amendments to Food, Agriculture, Conservation, and Trade Act of 1990 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to revise National Agricultural Weather Information System provisions to: (1) make the System's establishment discretionary; (2) revise its components, authority, and fund use requirements; and (3) authorize appropriations. (Sec. 212) Establishes a National Food Genome Strategy, which shall include among its purposes and components Plant and Animal Genome Initiatives. (Sec. 213) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to: (1) authorize the Secretary to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication; (2) authorize fire ant research and control grants; and (3) authorize appropriations. (Sec. 214) Authorizes the Secretary to award a grant to A*DEC (distance education consortium) to administer the agricultural telecommunications program. (Sec. 215) Authorizes appropriations for the assertive technology program for farmers with disabilities. Obligates a specified percent of such funds for national grants. Subtitle C: Amendments to Other Laws - Amends the Equity in Education Land-Grant Status Act of 1994 to include the Little Priest Tribal College within the group of 1994 institutions. (Sec. 223) Amends the Smith-Lever Act to expand college and university extension funding eligibility. (Sec. 224) Amends the Hatch Act of 1887 to require increased use of land grant institution funds for integrated research and extension activities. (Sec. 225) Amends the Cooperative, Special, and Facilities Research Grant Act to revise special grant authority provisions. (Sec. 226) Amends the Federal Agriculture Improvement and Reform Act of 1996 to extend funding authority for the Fund for Rural America. (Sec. 227) Amends the Honey Research, Promotion, and Consumer Information Act to obligate specified funds for research projects to advance efficiency, pest and disease control, and other management aspects of beekeeping and honey production. (Sec. 228) Amends the Department of Agriculture Reorganization Act of 1994 to establish in the Office of the Secretary an Office of Energy Policy and New Uses. Subtitle D: New Programs - Provides for research, cooperative agreements, and an ARS pilot program with respect to biobased products (produced from renewable agricultural or forestry products). Authorizes appropriations. (Sec. 232) Authorizes the Secretary to make grants for precision agriculture (integrated information- and production-based farming system) activities, including multistate and national partnerships. Authorizes appropriations, with set-asides for specified activities. (Sec. 233) Authorizes a Formosan termite research and eradication program. Authorizes appropriations. (Sec. 234) Directs the Secretary to periodically update nutrient composition data. (Sec. 235) Authorizes the Secretary to enter into contracts for the construction of a consolidated administrative and laboratory facility of the Animal and Plant Inspection Service to be located in or near Ames, Iowa. Authorizes appropriations. (Sec. 236) Authorizes the Secretary, acting through ARS, to accept as a gift and administer the National Swine Research Center in Ames, Iowa. Subtitle E: Studies and Miscellaneous - Directs the Secretary to: (1) evaluate whether federally funded agricultural research, education, and extension programs have national or multistate significance; and (2) request a National Academy of Sciences study of such programs' mission. (Sec. 243) Expresses the sense of the Congress that States should provide matching funds for 1890 Institutions. Title III: Initiative for Future Agriculture and Food Systems - Establishes in the Treasury the Initiative for Future Agriculture and Food Systems Account for grants to address emerging agricultural issues. Transfers unappropriated Treasury funds to the Account. Title IV: Extension or Repeal of Certain Authorities; Technical Amendments - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend program authority or authorization of appropriations for: (1) grants and fellowships for food and agricultural sciences education; (2) grants for research on the production and marketing of alcohols and industrial hydrocarbons from agricultural commodities and forest products; (3) policy research centers; (4) the human nutrition intervention and health promotion research program; (5) the nutrition education program; (6) continuing animal health and disease research programs; (7) research on national and regional animal health or disease problems; (8) grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University; (9) national research and training centennial centers; (10) education grants for Hispanic-serving institutions; (11) general agricultural research; (12) agricultural research at state agricultural experiment stations; (13) extension education; (14) research for supplemental and alternative crops; (15) building acquisition or construction; and (16) aquaculture. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to extend the authorization of appropriations for the: (1) National Genetics Resources Program; (2) agricultural telecommunications program; and (3) global climate change program. Amends the Critical Agricultural Materials Act to extend the authorization of appropriations for critical agricultural materials. Amends the Research Facilities Act to extend the authorization of appropriations for agricultural research facilities. Amends the National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985 to extend the authorization of appropriations for Federal agricultural research facilities. Amends the Competitive, Special, and Facilities Research Grant Act to extend authorization of appropriations for competitive, special, and facilities research grants. Amends the National Agricultural Research, Extension, and Teaching Policy Amendments of 1981 to extend the authorization of appropriations for agricultural research at 1890 land grant colleges, including Tuskegee University. Amends the Equity in Educational Land-Grant Status Act of 1994 to extend the authorization of appropriations for 1994 Institutions, including institutional capacity building grants. Amends the Renewable Resources Extension Act of 1978 to extend the authorization of appropriations for forest and rangeland renewable resources activities. Amends the National Aquaculture Act of 1980 to extend the authorization of appropriations for aquaculture activities of the Departments of Agriculture, Commerce, and the Interior. (Sec. 402) Amends the National Agricultural Research, Extension, and Teaching Policy Act to repeal authority for: (1) the pilot program to combine medical and agricultural research; and (2) the research program for intensive water recirculating aquaculture systems. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to repeal authority for the: (1) water quality research, education, and coordination program; (2) livestock product safety and inspection program; (3) national centers for agricultural product quality research; and (4) red meat safety research center. Amends the Federal Agriculture Improvement and Reform Act of 1996 to repeal authority for agricultural research, education, and extension activities. (Sec. 403) Amends specified Acts to make their common names (Smith-Lever Act and the Hatch Act of 1887) their official titles. Title V: Agricultural Program Savings - Amends the Food Stamp Act of 1977 to limit amounts the Secretary may pay States for administering the food stamp program. Amends the Child Nutrition Act of 1966 to direct the Secretary to establish a Low-Income Area Grant Program to assist schools and service institutions to expand programs under the school breakfast and summer food service programs. Amends the National School Lunch Act to: (1) increase the number of covered meals and supplements under the child care and summer food service programs; and (2) authorize appropriations for the Information Clearinghouse. (Sec. 502) Amends the Commodity Credit Corporation Charter Act to reduce information technology funding limits. (Sec. 503) Amends the Food Security Act of 1985 to set forth requirements for haying and grazing on conservation reserve land.
Bill· SS. 1151 (105th)referred
United States · United States Congress · 5 September 1997
Child Care Access Means Parents in School Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to assist institutions of higher education in providing campus-based child care services to low-income students. Authorizes appropriations.
Bill· HRH.R. 2427 (105th)referred
United States · United States Congress · 5 September 1997
Business and Education Sharing Technology Act (BEST) - Establishes a program to give local and national recognition to businesses which show an exemplary commitment to participating with schools to enhance educators' technology capabilities and to make every student technologically literate. Directs U.S. Representatives who choose to participate in such program to notify local educational agencies and individual schools in their congressional districts and request nominations of local businesses. Directs U.S. Senators who choose to participate in such program to notify the State educational agency and request nominations of businesses engaged in statewide or regional technology partnerships with schools. Provides for appointment of a board of qualified individuals to select businesses engaged in regional or statewide technology partnerships with schools to receive a Business and Education Sharing Technology (BEST) recognition award. Sets forth criteria for BEST recognition awards. Directs the board to forward information regarding businesses selected for recognition to the Department of Education. Requires an annual ceremony to honor such businesses, as well as online dissemination of information regarding such programs and partnerships.
Bill· SS. 1149 (105th)referred
United States · United States Congress · 4 September 1997
Investment in Education Act of 1997 - Amends Federal bankruptcy law with respect to distribution of estate property (or property proceeds) subject to an unavoidable lien securing an allowed claim for a tax. Specifies that such an unavoidable lien does not include a properly perfected unavoidable tax lien arising in connection with an ad valorem tax on the estate property (thus exempting the holder of such a tax lien from subordination to other claimants according to the established distribution schedule). Declares that administrative expenses entitled to first priority payment from a debtor's estate (other than claims for wages, salaries, or commissions arising after the filing of a petition for relief from debt) shall be limited to expenses incurred under Chapter 7 (Liquidation), and shall not include expenses incurred under Chapter 11 (Reorganization). Requires the bankruptcy trustee, before subordinating a tax lien which has arisen by virtue of State law, to: (1) exhaust the estate's unencumbered assets; and (2) recover from property securing an allowed secured claim the reasonable, necessary expenses of preserving or disposing of that property. Provides that claims for wages, salaries, and commissions entitled to distribution priority, including claims for contributions to an employee benefit plan entitled to fourth priority, may be paid from property of the estate which secures a tax lien, or the proceeds from such property, subject to the other requirements of this Act. Prohibits the bankruptcy court from determining the amount or legality of any tax, related fine or penalty, or any addition to tax arising in connection with an ad valorem tax on real or personal property of the estate if the applicable period for contesting or redetermining that amount has expired under any law other than a bankruptcy law. Declares exempt property liable for debts with respect to a court order for child and spouse support.
Law· HRH.R. 2400 (105th)enacted
United States · United States Congress · 4 September 1997
TABLE OF CONTENTS: Title I: Federal-Aid Highways Title II: Highway Safety Title III: Federal Transit Administration Programs Title IV: Motor Carrier Safety Title V: Programmatic Reforms and Streamlining Title VI: Transportation Research Subtitle A: Surface Transportation Research, Technology, and Education Subtitle B: Intelligent Transportation Systems Title VII: Truth in Budgeting Building Efficient Surface Transportation and Equity Act of 1997 - Title I: Federal-Aid Highways - Authorizes appropriations out of the Highway Trust Fund (HTF) for the following: (1) the Interstate Maintenance Program (IM); (2) the National Highway System (NHS); (3) the Bridge Program; (4) the Surface Transportation Program (STP); (5) the Congestion Mitigation and Air Quality Improvement Program (CMAQ); (6) a new High Risk Road Safety Improvement Program (high risk program); (7) the High Cost Interstate System Reconstruction and Improvement Program (high cost program); (8) Discretionary Programs; (9) the Appalachian Development Highway System Program; (10) the Recreational Trails Program; (11) the Federal Lands Highways Program (FLHP); and (12) Highway Use Tax Evasion Projects. (Sec. 103) Sets forth specified obligation ceilings, and formulas for distribution of (and redistribution of unused) obligation authority for Federal-aid highway programs. (Sec. 104) Revises apportionment provisions to require the Secretary of Transportation (the Secretary): (1) whenever an apportionment is made of the sums authorized to be appropriated for expenditure on IM, NHS, the bridge program, STP, CMAQ, the high risk program, the high cost program, the national corridor planning and development program, the border infrastructure and safety program, and FLHP, to deduct a sum not to exceed one and a half percent of all sums so authorized as necessary for administering legal provisions to be financed from appropriations for the Federal-aid highway program; and (2) on October 1 of each fiscal year, after making a specified deduction and set aside, to apportion the remainder of the sums authorized to be appropriated for expenditure on IM, NHS, STP, CMAQ, and the high risk program according to specified formulas. Modifies the recreational trails program to direct the Secretary to: (1) deduct from apportionments of sums for the program an amount not to exceed three percent to cover administrative, research, and technical assistance costs; and (2) apportion half of the remainder equally among eligible States and half to such States in amounts proportionate to the degree of non-highway recreational fuel use in each of those States during the preceding year. Sets forth a new list of State percentages for NHS apportionments. Requires the Secretary to use the most up-to-date data available for the latest fiscal year in making apportionments. (Sec. 105) Revises the IM to authorize the Secretary to approve reconstruction of roads on the Interstate System (IS). (Sec. 106) Repeals certain requirements: (1) on States, local officials, and the Secretary regarding NHS components; and (2) regarding approval of designations and an interim system. Designates specified NHS modifications that consist of highway connections to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities as NHS components. Directs the Secretary to: (1) review the condition of and improvements made to NHS connectors approved by this Act that serve seaports, airports, and other intermodal freight transportation facilities since the designation of the NHS and report to the Congress; and (2) conduct a national children's competition to design a national logo sign for the routes comprising the NHS, appoint a panel to evaluate all designs and select a winning design, and report to specified congressional committees. (Sec. 107) Amends provisions regarding the highway bridge program to provide that if a State transfers funds apportioned to it in a fiscal year beginning after September 30, 1997, to any other apportionment of funds to such State, the total cost of deficient bridges in such State and in all States to be determined for the succeeding fiscal year shall be reduced by the amount of such transferred funds. Grants the Secretary discretion regarding the amounts authorized for FY 1998 through 2000 for bridges under this Act. Authorizes the use of agriculturally derived, environmentally acceptable, minimally corrosive anti- and de-icing compositions or installation of scour countermeasures for bridges other than those on a Federal-aid highway. (Sec. 108) Authorizes the application of anti- and de-icing compositions to bridges under the STP. Includes among eligible STP projects environmental restoration and pollution abatement projects, including the retrofit or construction of storm water treatment systems, to address water pollution or environmental degradation caused or contributed to by existing transportation facilities at the time such facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration. Limits the expenditure of funds to 20 percent of the total cost of such activity. Replaces certification requirements by the Governor of each State with a requirement that each State submit a project agreement for each fiscal year, certifying that the State will meet specified requirements and notifying the Secretary of the amount of obligations needed to administer the STP. Deems the Secretary's approval a contractual obligation of the United States for the payment of STP funds. (Sec. 109) Modifies CMAQ to authorize a State to obligate CMAQ funds if the program or project would have been eligible for funding on or before September 30, 1997, under guidance issued by the Secretary, subject to specified requirements. Authorizes: (1) funds for a project which will result in the construction of new capacity available to single occupant vehicles and to high occupancy vehicles if the project is otherwise eligible for assistance; and (2) appropriations for "minimum allocations" to States through FY 1997. Directs the Secretary to: (1) request the National Academy of Sciences to study the impact of CMAQ on the air quality of nonattainment areas and to report to specified congressional committees; (2) establish and implement a high risk program for construction and operational improvement projects only where the primary purpose of the project is to improve highway safety on a high risk road; and (3) allocate to States, in FY 1998 and beyond, amounts sufficient to ensure that a State's percentage of the total apportionments in each such FY for IM, NHS, the bridge program, STP, CMAQ, the high risk program, the recreational trails program, the Appalachian Development Highway System program, and metropolitan planning be at least 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the HTF, other than the Mass Transit Account, in the latest fiscal year for which data are available. Sets forth a formula regarding calculation of a minimum allocation adjustment. (Sec. 112) Directs the Secretary to apportion specified funds for FY 1998 through 2000 among the States based on the latest available cost to complete estimate for the Appalachian Development Highway System prepared by the Appalachian Regional Commission, unless the Commission adopts an alternative method for distribution. Specifies that, in general, no State containing System routes shall receive less than $1 million. Increases the Federal share for pre-financed projects. (Sec. 113) Replaces provisions regarding reimbursement for segments of the IS constructed without Federal assistance with a high cost interstate system reconstruction and improvement program. Makes funds available for a fiscal year for any major reconstruction or improvement project to a highway designated as part of the IS and open to traffic before this Act's enactment, subject to specified requirements. (Sec. 114) Directs the Secretary to: (1) administer a national program to provide and maintain recreational trails (and terminates the National Recreational Trails Advisory Committee on September 30, 2000); and (2) establish and implement a program to make allocations to States for coordinated planning and design of corridors of national significance, economic growth, and international or interregional trade, and a coordinated border infrastructure and safety program to improve the safe movement of people and goods at or across the U.S.- Canadian and U.S.-Mexican borders. (Sec. 117) Increases the Federal share payable for IS projects. Permits the use of funds appropriated to a Federal land managing agency, and for the FLHP, as the non-Federal share for specified purposes. Directs the Secretary to: (1) allocate 50 percent of sums authorized to be appropriated for forest highways according to a specified formula; (2) conduct a study of methods to improve pedestrian and vehicular access to the John F. Kennedy Center for the Performing Arts; (3) allocate funds for specified transportation-related historical research activities of the Smithsonian Institution; (4) allocate specified funds for the planning, design, and construction of a visitors center to facilitate visitor understanding and enjoyment of resources accessible by the New River Parkway in West Virginia; (5) carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archeological qualities by designating them as National Scenic Byways or All-American Roads; (6) allocate funds to establish a center for national scenic byways in Duluth, Minnesota; and (7) establish and implement a variable pricing pilot program (repeals a congestion pricing program under the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)), and report to the Congress. (Sec. 120) Allows States to use as credit toward the non-Federal matching share requirement for certain funds made available, toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce which were not built, improved, or maintained with Federal funds. Directs the Secretary to: (1) establish and implement an IS reconstruction and rehabilitation pilot program under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the IS for the purpose of constructing and rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls; and (2) develop performance-based criteria for the distribution of up to five percent of the funds from each of the IM, bridge, high risk, STP, and CMAQ programs, and report to the Congress. (Sec. 121) Amends ISTEA to: (1) allow, at the Secretary's discretion, the obligation from the HTF funds for the construction of ferry boat and ferry terminal facilities; and (2) authorize the use of funds to establish and operate an automated fuel reporting system. (Sec. 124) Modifies Federal highway provisions regarding: (1) metropolitan planning to include that it is in the national interest to foster economic growth and development; and (2) statewide planning to authorize a State to consider specified goals and objectives in the transportation planning process. Directs the Secretary to conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming, and report to the Congress. (Sec. 126) Requires the Secretary to initiate and: (1) issue a guidance regarding the benefits and performance of various types of crash cushions in different road configurations; and (2) complete a rulemaking proceeding to determine the appropriate use by States of movable barrier technologies to enhance safety and improve the capacity and geometric design of highways. (Sec. 127) Authorizes appropriations for specified executive and legislative branch discretionary programs. (Sec. 128) Amends the National Highway System Designation Act of 1995 to direct the Secretary to convey to Virginia, Maryland, and the District of Columbia all U.S. interest in and to the Woodrow Wilson Memorial Bridge, which shall subsequently convey to the Woodrow Wilson Memorial Bridge Authority their respective interests in and to the Bridge. (Sec. 129) Authorizes a State, in implementing Federal-aid highway projects, to reserve training positions for persons who receive welfare assistance from such State. Authorizes: (1) the Secretary to develop, conduct, and administer highway technology training, and to develop and fund summer transportation institutes; (2) give priority to funding for a transportation project related to an Olympic event under specified conditions; (3) provide assistance to State and local governments in carrying out transportation projects related to an international quadrennial Olympic event; (4) carry out a project for the reconstruction of a highway, or portion of a highway, located outside the United States that is important to the national defense; and (5) fund the production of a documentary about infrastructure. Directs the Secretary to conduct a study to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours of service rules, and report to the Congress. (Sec. 133) Sets forth provisions regarding various projects in California, Michigan, Ohio, West Virginia, and Minnesota. (Sec. 134) Repeals a law regarding Federal approval of membership of bridge commissions. Directs the Secretary to conduct a study to examine the impact of truck weight standards on specialized hauling vehicles, and to report to the Congress. (Sec. 135) Bars States from restricting motorcycle access to any highway or portion thereof for which Federal-aid highway funds have been utilized for planning, design, construction, or maintenance. (Sec. 136) Amends ISTEA to include specified corridors, such as the Capital Gateway Corridor, as high priority corridors. (Sec. 137) Revises provisions regarding: (1) bicycle transportation and pedestrian walkways to authorize the use of NHS funds for pedestrian walkways; and (2) standards for Federal-aid highways to prohibit the Secretary from approving any project or taking any regulatory action that will result in the severance of an existing major route or have significant adverse impact on the safety for non-motorized transportation traffic and light motorcycles, unless such project or action provides for a reasonably alternate route or such a route exists. Directs the Secretary to initiate a study to consider proposals to amend the policies of such association relating to highway and street design standards to accommodate bicyclists and pedestrians. Authorizes the Secretary to develop a national bicycle safety education curricula that may include courses relating to on-road training. Sets forth reporting requirements. (Sec. 138) Amends Federal highway provisions regarding the hazard elimination program to consider conditions that may constitute a danger to bicyclists. (Sec. 139) Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the Barney Circle Freeway project in the District of Columbia. (Sec. 140) Requires: (1) the Secretary to conduct life-cycle cost analyses of each usable project segment on the NHS (currently, with a cost of $25 million or more); and (2) the Comptroller General to conduct a study to assess the impact that a utility company's failure to relocate its facilities in a timely manner has on the delivery and cost of Federal-aid highway and bridge projects, and report to the Congress. Title II: Highway Safety - Amends Federal highway provisions to: (1) provide that uniform guidelines for highway safety programs take into account accident prevention; (2) direct that the apportionment to the Secretary of the Interior for highway safety programs not be less than three-fourths of one percent of the total apportionment; (3) make provisions regarding access for physically handicapped across curbs at pedestrian crosswalks applicable to Indian tribes, with exceptions; and (4) replace a mandatory rulemaking process with one authorizing the Secretary to periodically identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. (Sec. 203) Revises highway safety research and development provisions to authorize the use of safety research funds for training in work zone safety management. (Sec. 204) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. (Sec. 205) Replaces provisions regarding: (1) school bus driver training with provisions directing the Secretary to make grants to States that adopt and implement effective programs to improve the timeliness, accuracy, completeness, uniformity, and accessibility of the State's data needed to identify priorities for State and local highway and traffic safety programs, evaluate the effectiveness of efforts to make such improvements, and link these State data systems, including traffic records, together and with other data systems within the State; and (2) drunk driving prevention programs with an alcohol-impaired driving countermeasures program (which provides for grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol). (Sec. 207) Authorizes the Secretary to enter into an agreement with an organization that represents the interests of the States to manage, administer, and operate the National Driver Register's (NDR) computer timeshare and user assistance functions. Directs that any transfer of such functions to an organization that represents the interests of the States begin only after a determination is made by the Secretary that all States are participating in NDR's "Problem Driver Pointer System" and that the system is functioning properly. (Sec. 208) Directs: (1) the Secretary to conduct a study on the benefit to public safety of the use of blowout resistant tires on commercial motor vehicles and the potential to decrease the incidence of accidents and fatalities from accidents occurring as a result of blown out tires, and to report to the Congress; (2) the Comptroller General to conduct a study to evaluate the effectiveness of State laws that deem any individual with a blood alcohol concentration of .08 percent or greater, and .02 percent or greater for persons under age 21, while operating a motor vehicle to be driving while intoxicated, in reducing the number and severity of alcohol-involved crashes, and report to the Congress; and (3) the Secretary to make grants to establish and maintain a center for transportation injury research at the State University of New York at Buffalo. (Sec. 210) Authorizes appropriations out of the HTF for: (1) National Highway Traffic Safety Administration highway safety programs, and highway safety research and development (R&D); (2) Federal Highway Administration (FHWA) highway safety programs and highway safety R&D; (3) occupant protection incentive grants; (4) State highway safety data grants; (5) State highway safety data grants; (6) the alcohol traffic safety incentive grant program; and (7) NDR. Title III: Federal Transit Administration Programs - Amends Federal transportation law with respect to the metropolitan transportation planning process to replace the current mandatory factors for consideration in developing plans and programs with specified discretionary considerations whose translation into goals and objectives the metropolitan planning organization (MPO) shall determine cooperatively with the State and mass transportation operators. (Sec. 304) Requires the transportation improvement program to be updated at least once every three years (currently, every two years). Allows the program financial plan to include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (Sec. 305) Changes from mandatory to discretionary the inclusion of a congestion management system in the transportation planning process in a transportation management area (TMA). Requires the State, instead of the TMA MPO, to select high risk road safety projects. (Sec. 306) Changes the capital project block grant program into an urbanized area formula grant program. Repeals authority to finance operating costs generally under the program. Authorizes the Secretary to make grants to finance the operating cost of equipment and facilities for use in mass transportation only in an urbanized area with a population of less than 200,000. Changes the interest allowance under the covered cost of advance construction projects from a specified formula to the most favorable financing terms reasonably available, given the applicant's reasonable diligence in seeking them. Declares that two percent of the block grant funds apportioned to urbanized areas of at least 200,000 population shall only be available for transit enhancement activities. (Sec. 307) Repeals the Secretary's current authority to make capital project block grants from the Mass Transit Account. (Sec. 308) Authorizes the Secretary to make grants and loans to assist State and local authorities in financing: (1) capital projects to modernize existing fixed guideway systems; and (2) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities. Repeals authority to make such grants and loans for transportation projects that enhance urban economic development or incorporate private investment. Repeals the requirement that the Secretary consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities: (1) owned by a rail carrier subject to reorganization under the bankruptcy code; and (2) used to provide commuter rail transportation. Revises the criteria for grants and loans for fixed guideway systems. Revises requirements for: (1) letters of intent and full funding agreements; and (2) grant and loan allocations, including bus and bus facility grants. Directs the Secretary to establish a pilot program for the testing and deployment of new bus technology, including clean fuel and alternative fuel technology. (Sec. 309) Directs the Secretary to make grants and enter into 50 percent cost-sharing contracts, cooperative agreements, and other agreements with specified consortia selected competitively from among public and private partnerships to promote the early deployment of innovation in mass transportation technology, services, management, or operational practices. Authorizes the Secretary to inform the U.S. domestic mass transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of mass transportation products and services. Directs the Secretary to make grants for 80 percent of the cost of developing low speed magnetic levitation technology for public transportation in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. (Sec. 313) Repeals the mandate to make grants to specified university research institutes and for regional transportation centers. (Sec. 316) Increases from 90 percent to 95 percent the Federal share of a project providing bicycle access to mass transportation. Requires capital project grants and loans to require that any person agreeing to occupy space in a federally funded facility pay a reasonable share of facility costs through rental payments or other means. Declares that, to the extent feasible, governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall participate and coordinate with assistance recipients in the planning, design, and delivery of transportation services. (Sec. 318) Authorizes a grant recipient to award a procurement contract to other than the lowest bidder when the award furthers an objective consistent with the purposes of the grant, including improved long-term operating efficiency and lower long-term costs. (Sec. 319) Authorizes an urbanized area formula grant recipient procuring an associated capital maintenance item to contract directly with the original manufacturer or supplier of the item to be replaced, without the Secretary's prior approval, if the recipient first certifies in writing to the Secretary that: (1) the manufacturer or supplier is the only source for the item; and (2) the item's price is no more than what similar customers pay for it. (Sec. 321) Directs the Secretary to study and report to the Congress on how the alcohol and controlled substances random testing rate for mass transportation employees should be calculated. (Sec. 322) Authorizes the Secretary to collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote mass transportation. Directs the Secretary to seek public comment on ways to simplify and streamline the administration of the formula program for urbanized areas with populations of less than 200,000, and make every effort to ease any administrative burdens identified. (Sec. 324) Limits the total amount of funds available for any fiscal year for operating assistance and preventive maintenance activities for urbanized areas. (Sec. 325) Revises the apportionment of appropriations for fixed guideway modernization. Requires inclusion of route segments in apportionment formulas. (Sec. 326) Authorizes appropriations, and sets the obligation ceilings, for FY 1998 through 2000. (Sec. 328) Authorizes the Secretary to make competitive grants to assist States, local authorities, and nonprofit organizations in financing transportation services designed to transport welfare recipients to and from jobs and activities related to their employment. Sets the Federal share of costs at 50 percent. (Sec. 329) Declares that it is the sense of the Committee on Transportation and Infrastructure that the Secretary of the Treasury should estimate the mass transit portion of net highway receipts every 24 months instead of every 12 months. (Sec. 330) Directs the Comptroller General to study and report to specified congressional committees on the Secretary of Transportation's implementation of project management oversight. (Sec. 331) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on: (1) the effect of privatization or contracting out of mass transportation operation and administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations; and (2) the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (Sec. 333) Directs the Secretary to study and report to specified congressional committees on whether the current formula for apportioning funds to urbanized areas accurately reflects their transit needs, and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (Sec. 334) Directs the Comptroller General to study and report to specified congressional committees on Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non-emergency transportation services. Title IV: Motor Carrier Safety - Amends Federal transportation law to specify that discretionary grants to States to develop commercial motor vehicle regulatory programs include performance-based grants to improve motor carrier safety, and in particular hazardous materials transportation safety. (Sec. 402) Authorizes appropriations for such grants for FY 1998 through 2000. Authorizes the Secretary, in allocating funds for State grants, to designate up to five percent of them to reimburse: (1) States for carrying out high priority (including national) activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, including any that increase public awareness and education or demonstrate new technologies; and (2) local governments and other persons that use trained and qualified officers and employees, for carrying out such activities and projects in coordination with State motor vehicle safety agencies. (Sec. 403) Converts the current discretionary commercial motor vehicle information system program into mandatory motor carrier, commercial motor vehicle, and driver information systems and data analysis programs to support required safety activities. Requires coordination of such systems into a network providing identification of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial motor vehicle, and driver safety performance data. Requires the Secretary to develop data analysis capacity and programs providing the means to perform specified functions. Provides funding for the existing performance and registration information clearinghouse. Authorizes the Secretary to establish a program to improve commercial motor vehicle driver safety. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Authorizes appropriations for FY 1998 through 2000. (Sec. 405) Authorizes the Secretary to make contracts for inspections and investigations. (Sec. 406) Authorizes the Secretary to grant a person or class of persons up to a two-year, renewable exemption from a commercial motor vehicle safety or operators regulation if it would likely achieve a level of safety equal to or greater than the level that would be achieved without such exemption. Authorizes the Secretary to conduct pilot programs to evaluate innovative approaches to motor carrier, vehicle, and driver safety. Allows such a program containing specified elements to include an exemption under this section. (Sec. 407) Repeals the mandate for (thus abolishing) the Commercial Motor Vehicle Safety Regulatory Review Panel. Requires the Secretary to review State laws and regulations on commercial motor vehicle safety. Requires any State that enacts a State law or issues a regulation on commercial motor vehicle safety to submit a copy of it to the Secretary for review immediately after enactment or issuance. Allows enforcement of such law or regulation if the Secretary decides it has the same effect as a regulation prescribed by the Secretary. Prohibits enforcement if the law or regulation is less stringent than a regulation prescribed by the Secretary. (Sec. 408) Repeals certain requirements for: (1) procedures to ensure timely correction of safety violations; and (2) compliance review priority. (Sec. 409) Declares that an individual may operate a commercial motor vehicle only with a valid commercial driver's license (CDL). Requires each CDL issued after January 1, 2000, to include unique identifiers to minimize fraud and duplication. Repeals the Secretary's discretionary authority to make an agreement for the operation of a CDL information system. Requires the Secretary to maintain the system. Requires the system to include information on all fines, penalties, convictions, and failure to appear for a hearing or trial incurred by the operator with respect to operation of a motor vehicle for a period of at least three years beginning on the date of the imposition of such a fine or penalty, or the date of such a conviction or failure to appear. Requires the Secretary to make data collected in such systems and programs available to the public to the maximum extent permissible under the Privacy Act of 1974 and the Freedom of Information Act. Grants access to such data to State and local safety and enforcement officials to the same extent as Federal safety and enforcement officials. Repeals current authority (superseded by this title) for grants to States for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing CDLs and complying with State participation requirements. (Sec. 410) Directs the Secretary to make grants to border States, local governments, organizations, and other persons for specified activities designed to improve commercial motor vehicle safety in the vicinity of borders between the United States and Canada and the United States and Mexico. Sets the Federal share of costs for such activities at 80 percent (but only 50 percent for the third year of a grant used to employ additional personnel to enforce commercial motor vehicle safety regulations). (Sec. 411) Directs the Secretary to study and report to Congress on State laws and regulations pertaining to penalties for violation of State commercial motor vehicle weight laws. (Sec. 412) Repeals the mandate and authorization of appropriations to participate in the International Registration Plan and International Fuel Tax Agreement. (Sec. 413) Directs the Secretary to establish a nationwide toll-free telephone system for drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations and any laws or regulations relating to the safe operation of commercial motor vehicles. (Sec. 414) Directs the Secretary to determine whether a practicable and cost-effective screening, operating, and monitoring protocol could likely be developed for insulin-treated diabetes mellitus individuals who want to operate commercial motor vehicles in interstate commerce that would ensure a level of safety equal to or greater than that achieved with the current prohibition against operation of such vehicles by such individuals. Requires the Secretary to compile, evaluate, and report to Congress on research and other information on the effects of insulin treated diabetes mellitus on driving performance. (Sec. 415) Requires the Secretary to: (1) review State procedures to determine if the current system for testing is an accurate measure and reflection of an individual's knowledge and skills as an operator of a commercial motor vehicle; and (2) identify methods to improve testing and licensing standards, including identifying the benefits and costs of a graduated licensing system. Requires issuance of regulations reflecting the results of such review. (Sec. 416) Requires the Secretary to study and report to Congress on the feasibility of using emergency responders and law enforcement officers to conduct post-accident alcohol testing of commercial motor vehicle operators as a method of obtaining more timely information and reducing the burdens that employers may encounter in meeting current testing requirements. (Sec. 417) Requires the Secretary to encourage the research, development, and demonstration of technologies, identified taking into account specified considerations, that may aid in reducing the fatigue of commercial motor vehicle operators. (Sec. 418) Requires the Secretary to: (1) determine whether an owner or operator is fit to operate safely commercial motor vehicles; (2) periodically update such safety fitness determinations; (3) make such determinations readily available to the public; and (4) prescribe by regulation penalties for violations. Requires the Secretary to maintain by regulation a procedure with specified elements for determining whether an owner or operator is fit to operate safely commercial motor vehicles. Prohibits an owner or operator determined unfit from operating commercial motor vehicles in interstate commerce until the Secretary determines such owner or operator is fit. Requires the Secretary to review, upon request, an unfit owner's or operator's compliance with those requirements with which the owner or operator failed to comply, resulting in the unfitness determination. Prohibits any Federal department, agency, or instrumentality from using an unfit owner or operator to provide any transportation service until the Secretary determines such owner or operator is fit. (Sec. 419) Declares that Federal law governing the transportation of hazardous material does not prohibit a State from providing an exception from requirements relating to placarding, shipping papers, and emergency telephone numbers for the private motor carriage in intrastate transportation of an agricultural production material from a source of supply to a farm, from a farm to another farm, from a field to another field on a farm, or from the farm back to the source of supply. Defines agricultural production material as: (1) under 16,094 pounds of ammonium nitrate fertilizer; (2) under 502 gallons (liquid) or 5,070 pounds (solids) of a pesticide; and (3) under 3,500 gallons of a diluted solution of water and pesticides or fertilizer. Title V: Programmatic Reforms and Streamlining - Modifies provisions regarding plans, specifications, and estimates to direct the Secretary to enter into a formal project agreement with each State highway department formalizing the conditions of project approval. Requires such agreement to make provision for State funds required for the State's pro rata share of the cost of construction of the project and for the maintenance of the project after completion of construction. Authorizes the Secretary to discharge to the State any of the Secretary's responsibilities for design, plans, specifications, estimates, contract awards, and inspection of projects on the NHS, with exceptions. Directs: (1) the State to assume such responsibilities for projects that are not on the NHS; and (2) the Secretary and the State to reach agreement as to the extent the State may assume the Secretary's responsibilities for NHS projects, subject to a limitation. (Sec. 502) Directs the Secretary to develop and implement a coordinated environmental review process for highway construction projects that require: (1) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (NEPA), with an exception; or (2) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. Sets forth provisions regarding: (1) a memorandum of understanding between the Department of Transportation (DOT) and all other Federal (and, where appropriate, State) agencies; (2) elements of the coordinated process; (3) dispute resolution; (4) acceptance of project purpose and need; (4) State agency participation; (5) assistance to affected Federal agencies; and (6) judicial review. Directs the Secretary to: (1) establish and implement a State environmental review pilot demonstration program; (2) eliminate the major investment study as a separate requirement and promulgate regulations to integrate such requirement as part of each analysis undertaken pursuant to NEPA for a project receiving assistance with funds made available under this Act; and (3) require each recipient of Federal financial assistance for a highway or transit project with an estimated total cost of $1 billion or more to submit to the Secretary an annual financial plan. (Sec. 505) Provides that if at least 50 percent of a State's apportionment under specified Federal-aid highway, and highway bridge replacement and rehabilitation program, funds for a fiscal year, or at least 50 percent of specified allocations of apportioned funds from the State's apportionment may not be transferred to any other apportionment of the State for such fiscal year, then the State may transfer up to 50 percent of such apportionment or set aside to any other State apportionment for that fiscal year. Sets forth provisions regarding the application of this general rule to certain STP set- asides and CMAQ funds. (Sec. 506) Directs the Secretary to: (1) establish criteria for all discretionary programs funded from the HTF which, to the extent practicable, conform to a specified executive order relating to infrastructure investment; and (2) eliminate any required programmatic responsibility for any regional office of DOT carrying out responsibilities of the FHWA regarding any funds made available by this Act. Authorizes the Secretary to retain regional DOT offices carrying out responsibilities of the FHWA for the purpose of providing technical support to States, metropolitan areas, and transit authorities upon request. Title VI: Transportation Research - Subtitle A: Surface Transportation Research, Technology, and Education - Part I: Highway Research - Modifies research and planning provisions. Directs the Secretary to make grants and enter into cooperative agreements and contracts to: (1) continue the monitoring, material-testing, and evaluation of the highway test sections established under the long-term pavement performance program; (2) carry out analyses of the data collected under the program; and (3) prepare the products required to fulfill the original objectives of the program and meet future pavement technology needs. (Sec. 611) Replaces provisions regarding short haul passenger transportation systems with provision for an advanced research program that addresses longer-term, higher-risk research that shows potential benefits for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) of highway and intermodal transportation systems. Directs the Secretary to strive to develop partnerships with the public and private sectors. Repeals the strategic highway research program and the applied research and technology program. Modifies: (1) the seismic research program to direct the Secretary to establish a program to study the vulnerability of the Federal-aid highway and other surface transportation systems to seismic activity and to develop and implement cost-effective methods to reduce such vulnerability; and (2) the international highway transportation outreach program to authorize the Secretary to engage in activities to promote U.S highway transportation goods and services internationally, and to gather and disseminate information on foreign transportation markets and industries. Part II: Transportation Education, Professional Training, and Technology Deployment - Directs the Secretary to: (1) develop and implement a national technology deployment initiative to expand adoption by the surface transportation community of innovative technologies to improve the safety, efficiency, reliability, service life, and sustainability of transportation systems and to reduce environmental impact; (2) integrate activities undertaken with DOT efforts to disseminate the results of research sponsored by DOT and to facilitate technology transfer; and (3) give preference to projects that leverage Federal funds with other significant public or private resources. (Sec. 624) Directs the Secretary to make grants to: (1) nonprofit institutions of higher learning to establish and operate one university transportation center in each of the ten U.S. Government regions that comprise the Standard Federal Regional Boundary System, and ten such additional centers to address transportation management and R&D; (2) Marshall University, West Virginia, to establish and operate an Appalachian Transportation Institute; and (3) the University of Minnesota to continue to operate and expand the Intelligent Transportation Systems (ITS) Institute. Part III: Bureau of Transportation Statistics and Miscellaneous Programs - Amends Federal transportation provisions to provide for compilation of statistics on transportation-related variables influencing global competitiveness. Directs the Bureau of Transportation Statistics to review and report to the Secretary on the sources and reliability of the statistics proposed by the heads of the operating administrations of DOT to measure outputs and outcomes, and to undertake such other reviews as may be requested by the Secretary. (Sec. 631) Requires the Director of the Bureau to: (1) ensure that statistics compiled are relevant for transportation decisions by Federal, State, and local governments, transportation-related associations, private businesses, and consumers; (2) establish and maintain an intermodal transportation database and a national transportation library; and (3) develop and maintain geographic databases depicting transportation networks; flows of people, goods, vehicles, and craft over those networks; and social, economic, and environmental conditions affecting or affected by those networks. Authorizes the Secretary to make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities to support the programs and activities of the Bureau. Sets forth provisions regarding: (1) a prohibition of certain disclosures regarding information obtained under the long-term data collection program; and (2) collection of data for non-statistical purposes. Allows funds received by the Bureau from the sale of data products to be credited to the HTF and made available for the purpose of reimbursing the Bureau for such expenses. Authorizes appropriations. (Sec. 632) Directs the Secretary to carry out a transportation technology innovation and demonstration program, as part of which the Secretary shall: (1) conduct research on improved methods of using concrete and asphalt pavement in the construction, reconstruction, and repair of Federal-aid highways, on improved methods of deploying and integrating existing ITS projects to include hazardous materials monitoring systems across various modes of transportation, on the deployment of a system of advanced sensors and signal processors in trucks and tractor trailers, and on the use of composite materials for guardrails and bridge decking; (2) expand and continue the study relating to the development of a motor vehicle safety warning system and conduct tests of such system; (3) make grants for research and construction to improve and demonstrate the use of steel bridge construction; (4) continue to support the Urban Consortium's ITS outreach and technology transfer activities; (5) continue development and deployment to metropolitan planning organizations of the Transportation Economic and Land Use System; (6) make grants to Wisconsin to continue specified ITS activities; and (7) carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the measurement of various transportation system activities to aid in the transportation planning and analysis while making a significant contribution to the ITS program, to be located in the two largest metropolitan areas in Pennsylvania. Subtitle B: Intelligent Transportation Systems - Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test intelligent transportation systems and advance nationwide deployment of such systems as a component of the Nation's surface transportation systems. Lists ITS program goals. (Sec. 653) Directs the Secretary to: (1) carry out the ITS program in cooperation with governmental, private, and educational entities, and in consultation with Federal officials; (2) develop, implement, and maintain a national ITS architecture and standards and protocols to promote the widespread use and evaluation of ITS technology as a component of the Nation's surface transportation systems; (3) issue guidelines and requirements for the evaluation of field and related operational tests; (4) establish and maintain a repository for technical and safety data collected as a result of federally sponsored projects and make, upon request, such information (except for proprietary information and data) readily available to all users of the repository at an appropriate cost; (5) ensure that ITS projects carried out using funds made available from the HTF conform to the national ITS architecture and standards and protocols, with an exception; (6) require an analysis of the life-cycle costs of specified projects where the total initial capital costs of ITS operations and maintenance elements exceeds $3 million; and (7) develop appropriate technical assistance and guidance to assist State and local agencies in evaluating and selecting appropriate methods of procurement for its projects carried out using funds made available from the HTF. (Sec. 654) Directs the Secretary to maintain and update, as necessary, the National ITS Program Plan developed by DOT and the Intelligent Transportation Society of America, and report to the Congress. (Sec. 655) Authorizes the Secretary to: (1) provide technical assistance, training, and information to State and local governments seeking to implement, operate, maintain, and evaluate ITS technologies and services; funding to support adequate consideration of transportation system management and operations, including ITS, within metropolitan and statewide transportation planning processes; and funding for research and operational tests relating to ITS; and (2) conduct R&D activities for the purpose of demonstrating integrated intelligent vehicle highway, and roadway safety, systems, including state-of-the-art systems and integrating collision avoidance, in-vehicle information, and other safety-related systems. (Sec. 656) Directs the Secretary to conduct a program to promote the deployment of regionally integrated, intermodal intelligent transportation systems and, through financial and technical assistance, assist in the development and implementation of such systems. Lists goals, funding limitations, and priorities for ITS deployment. (Sec. 657) Sets forth provisions regarding funding allocations (for the intelligent transportation infrastructure deployment incentives program, and for ITS research and program support activities), and the Federal share for specified programs. (Sec. 658) Repeals the Intelligent Vehicle-Highway Systems Act of 1991 (Title VI, Part B, of ISTEA). Title VII: Truth in Budgeting - Declares that the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund shall: (1) not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the U.S. Government. (Sec. 701) Amends the Internal Revenue Code to state that the amount of interest credited to any of such trust funds for any fiscal year shall not exceed the amount of interest which would be credited to the fund if it were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year. (Sec. 702) Amends Federal transportation law to require the Secretary of Transportation to estimate annually the net aviation receipts and the unfunded aviation authorizations at the close of the following fiscal year. Requires adjustments to the amount authorized to be appropriated from the Airport and Airway Trust Fund for such fiscal year so that the estimated unfunded aviation authorization will neither exceed nor be less than the estimated net aviation receipts. (Sec. 703) Requires the Secretary of the Army to estimate annually the net inland waterways and net harbor maintenance receipts, and the unfunded inland waterways and unfunded harbor maintenance authorizations at the close of the following fiscal year. Requires adjustments to the amounts authorized to be appropriated from the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund for such fiscal year so that the estimated unfunded authorizations will neither exceed nor be less than the estimated net receipts.
Bill· HRH.R. 2408 (105th)referred
United States · United States Congress · 4 September 1997
After School Education and Safety Act of 1997 - Authorizes the Secretary of Education to award after-school education and safety program grants to schools to carry out at least two of the following activities: (1) mentoring programs; (2) academic assistance; (3) recreational activities; and (4) technology training. Allows each school also to carry out any of the following activities: (1) drug, alcohol, and gang prevention activities; (2) health and nutrition counseling; and (3) job skills preparation activities. Requires the school to provide such grant-assisted activities: (1) only after regular school hours during the school year; (2) in a manner that reflects the specific needs of the population, students, and community to be served; and (3) in a school building or other public facility designated by the school. Authorizes appropriations.
Bill· SS. 1146 (105th)open
United States · United States Congress · 3 September 1997
TABLE OF CONTENTS: Title I: Digital Copyright Clarification Title II: Technology for Teachers and Librarians Title III: WIPO Treaty Implementation Digital Copyright Clarification and Technology Education Act of 1997 - Title I: Digital Copyright Clarification - Amends Federal copyright law to absolve a person of liability for direct, vicarious, or contributory copyright infringement arising out of: (1) providing electronic communications network services or facilities with respect to infringement by a user; (2) supplying a private electronic communication for which such person lacks the technical ability or authority to access or disclose such communication to a third party or supplying real-time communication formats; or (3) supplying a user of network services or facilities with a site-linking aid or directory, a navigational aid, or the tools for creating a site-linking aid. Absolves a person of such liability with respect to material residing on a system or network used in conjunction with electronic communications that is controlled by such person unless the person receives notice that particular material is infringing and fails to remove, disable, or block access to the material for ten days or until receiving a court order, whichever is less. Makes persons who materially misrepresent that material on-line is infringing liable for damages. Title II: Technology for Teachers and Librarians - Technology for Educators and Children (TECh) Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Title III: WIPO Treaty Implementation - Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies so altered with the intent to induce infringement. Establishes civil remedies with respect to violations under this title.
Bill· HRH.R. 2391 (105th)referred
United States · United States Congress · 3 September 1997
Student Loan Repayment Extension Act - Amends the Higher Education Act of 1965 to extend and make uniform the terms of repayment plans available under the various Federal student loan programs (insured, guaranteed, consolidation, and direct loan programs).
Bill· HRH.R. 2381 (105th)referred
United States · United States Congress · 3 September 1997
Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize the use of local crime prevention block grants for voluntary, comprehensive, and culturally-appropriate home visitor systems that provide parenting education that focuses on parenting skills, child development and health, and support services for new parents to prevent or decrease the risk of child abuse.
Law· SS. 1139 (105th)enacted
United States · United States Congress · 19 August 1997
TABLE OF CONTENTS: Title I: Authorizations Title II: Financial Assistance Subtitle A: Microloan Program Subtitle B: Small Business Investment Company Program Subtitle C: Certified Development Company Program Title III: Women's Business Enterprises Title IV: Competitiveness Program and Procurement Opportunities Subtitle A: Small Business Competitiveness Program Subtitle B: Small Business Procurement Opportunities Program Title V: Miscellaneous Provisions Title VI: HUBZone Program Small Business Reauthorization Act of 1997 - Title I: Authorizations - Amends the Small Business Act (the Act) to authorize appropriations and provide funding levels for FY 1998 through 2000 for various programs under the Act and the Small Business Investment Act of 1958 (SBIA). Title II: Financial Assistance - Subtitle A: Microloan Program - Amends provisions of the Act relating to the Microloan Program to: (1) increase to $3.5 million the total amount authorized to be outstanding and committed to any one intermediary under the Program; (2) revise loan loss reserve levels required of intermediaries during various years of participation; and (3) extend through FY 2000 the Program authorization. (Sec. 202) Establishes under the Program a welfare-to-work microloan pilot program to test the feasibility of supplementing the technical assistance provided to individuals receiving assistance under the State program funded under part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act, or any other comparable State-funded program, in order to assist such individuals in establishing small businesses and eliminating their dependence on such assistance. Allows such assistance to be used to pay child care and transportation costs of such microborrowers. Authorizes the SBA to select from participating Microloan intermediaries entities to receive supplemental grants under the welfare-to-work program. Allows borrowers under any Microloan program to use loan proceeds to establish child care centers. Directs the Small Business Administration (SBA) to report annually to the small business committees on such program. Authorizes appropriations for FY 1998 through 2000. Subtitle B: Small Business Investment Company Program - Amends provisions of the Act and the SBIA relating to the Small Business Investment Company (SBIC) Program to: (1) allow amounts obligated under the SBIC to be committed for five fiscal years (currently obligated in one fiscal year and committed in the next); (2) authorize the SBA to prescribe fees for participation as an SBIC; (3) allow national, Federal Reserve, or nonmember insured banks to invest in SBICs or in entities established to invest solely in SBICs, with an investment limit; (4) allow the maximum amount of outstanding leverage made available to a participating SBIC to be increased annually to reflect changes in the Consumer Price Index; (5) limit to $90 million the total amount of leverage issued to any one company; (6) require each leverage applicant to make certain certifications with respect to the amount of financings to be provided solely to smaller enterprises; (7) allow a participating company to make quarterly (currently, annual) payments to its shareholders based on estimates of maximum tax liability; (8) revise a leverage fee payment schedule; (9) direct the SBA to issue guarantees and trust certificates (representing debentures issued by SBICs) at least every six (currently, three) months; and (10) provide for the deposit and use of SBIC examination fees. Subtitle C: Certified Development Company Program - Amends the SBIA with respect to the certified development company (CDC) program to: (1) authorize the use of seller-provided financing in connection with SBA loans for plant acquisition, construction, conversion, and expansion; (2) increase the loan fee under the CDC program; and (3) require such fee to be established annually by the SBA in the minimum amount necessary to reduce to zero the cost to the SBA of purchasing and guaranteeing debentures under the program. Amends the SBIA with respect to the premier certified lenders program to: (1) repeal a provision limiting to 15 the number of CDCs authorized to participate; and (2) revise eligibility conditions and loss reserve requirements for participating CDCs (requiring replenishment of loss reserves paid to the SBA by CDCs). Requires participating companies to establish a goal of processing a minimum of at least 50 percent of their total loan applications pursuant to the program. Amends the Small Business Reauthorization and Amendments Act of 1994 to extend through FY 2000 the premier certified lenders program. Title III: Women's Business Enterprises - Amends the Women's Business Ownership Act of 1988 to: (1) add five representatives from various Federal departments and agencies to the Interagency Committee on Women's Business Enterprise; (2) require a report from such Committee to be transmitted to the President through the SBA, and to include a status report on Committee progress in meeting its responsibilities and duties; (3) require the National Women's Business Council to submit to the President and the small business committees an annual activities report; (4) extend the deadline for presidential appointment of a chairperson for the Council; (5) increase from nine to 14 the number of Council members; and (6) increase, and extend through FY 2000, the authorization of appropriations under such Act. (Sec. 306) Authorizes the SBA to provide financial assistance to private organizations to conduct five-year projects for the benefit of small businesses owned and controlled by women. Outlines participation conditions and Federal and non-Federal contribution requirements. Directs each applicant to submit to the SBA a five-year plan on proposed fund raising and training activities. Directs the SBA to evaluate and rank applicants based on predetermined selection criteria stated in terms of relative importance. Requires the Administrator to report annually to the small business committees on projects conducted. Authorizes appropriations. (Sec. 307) Establishes the position of Assistant Administrator for the Office of Women's Business Ownership with specified duties in the administration of Office programs and services for women entrepreneurs. Directs the SBA to develop an annual programmatic and financial examination of each women's business center. (Sec. 308) Directs the Council to study and report to the President and the small business committees on the award of Federal prime contracts and subcontracts to women-owned businesses. Requires a related best-practices report. Authorizes appropriations. Title IV: Competitiveness Program and Procurement Opportunities - Subtitle A: Small Business Competitiveness Program - Amends the Small Business Competitiveness Demonstration Program Act of 1988 to: (1) extend through FY 2000 the small business competitiveness demonstration program; (2) require participating agencies to monitor the attainment of their small business participation goals on an annual (currently, quarterly) basis; (3) extend through FY 2000 required annual reports to the Congress concerning such program; and (4) extend through FY 2000 small business participation in contracting opportunities for dredging. Subtitle B: Small Business Procurement Opportunities Program - Amends the Act to require each Federal agency to: (1) foster the participation of small businesses as prime contractors; (2) structure its contracting requirements to facilitate competition by and among small businesses; (3) avoid the bundling of contracts that precludes small business participation as prime contractors; and (4) foster small business participation as subcontractors. Defines "contract bundling" as consolidating two or more procurement requirements into a single contract solicitation unlikely for award to a small business due to diversity and size of performance elements, aggregate dollar value of the anticipated award, geographical dispersion of contract performance sites, or a combination of such factors. (Sec. 413) Requires procurement strategies used by Federal contracting agencies to facilitate the maximum participation of small businesses as prime contractors. Requires a strategy calling for contract bundling to identify benefits of such bundling as well as impediments caused to small businesses by such bundling. Provides for SBA review of proposed contract solicitations for compliance with this section, with specific review procedures (including dispute resolution) in the case of solicitations which call for contract bundling. Requires the Office of Small and Disadvantaged Business Utilization of each Federal contracting agency to identify and report solicitations that include contract bundling and to increase participation by small businesses in such solicitations as either prime contractors or subcontractors and suppliers. (Sec. 414) Authorizes a small business intending to submit an offer on a solicitation which includes bundled contract requirements to propose for approval a team of subcontractors to meet the bundling requirements. (Sec. 415) Requires the Federal Procurement Data System to be modified to collect data regarding contract bundling. (Sec. 416) Requires each solicitation for the award of construction contracts which may exceed $1 million, or contracts for all other types of supplies or services which may exceed $500,000, to contain minimum percentages for subcontracting participation by small businesses (in the case of contracts awarded using competitive procedures) or to contain small business subcontracting plans (in the case of contracts awarded using procedures other than competitive procedures). (Sec. 417) Allows notices of subcontracting opportunities to be published in the Commerce Business Daily. Requires executive agencies awarding certain contracts in excess of $100,000 (currently, $25,000) to provide for publication of such award. (Sec. 418) Provides deadlines for the issuance of regulations or proposed amendments to the Federal Acquisition Regulation required by this title. Title V: Miscellaneous Provisions - Authorizes each Federal agency that has an extramural budget for research or research and development in excess of $1 billion for FY 1998 through 2003 to expend with small businesses not less than 0.15 percent of such budget specifically in connection with programs under the Small Business Technology Transfer Program (STTP). Authorizes the Administrator, for FY 1998 through 2000, to expend with eligible States not more than $2 million in each fiscal year to increase the participation of small businesses in STTP programs. Makes eligible for such participation those States which received less than $5 million for such programs during FY 1995. (Sec. 502) Authorizes the Administrator to make grants to women's business centers for the establishment of small business development centers (SBDCs). Requires each SBDC to annually review and coordinate public and private partnerships and cosponsorships with the SBA in order to more efficiently leverage available resources on a national and State basis. Increases: (1) the maximum amount of grant funds available to a State SBDC participant; and (2) the services provided under the SBDC program. Extends permanently and increases the authorization of appropriations for such program. Requires any contract under such program which is not renewed or extended to be made on a competitive basis. Prohibits a participating SBDC from imposing or collecting a fee for the provision of counseling services under the program. (Sec. 503) Amends the Small Business Administration Reauthorization and Amendment Act of 1988 to extend through FY 2000 the pilot preferred surety bond guarantee program. (Sec. 504) Amends the Small Business Administration Reauthorization and Amendments Act of 1994 to extend through FY 2000 the authority of the Administrator and private entities to cosponsor financial assistance to small businesses for computer security education and training programs. (Currently, such cosponsoring authority is scheduled to terminate at the end of FY 1997.) Title VI: Hubzone Program - HUBZone Act of 1997 - Amends the Act to provide qualification requirements for small businesses to receive Federal contracting assistance for locating in or relocating to historically underutilized business zones (HUBZones). Includes within such requirements that not less than 50 percent of the contract performance incurred for services or supplies be expended for employees or for the manufacturing of supplies in HUBZones. Requires a certification from the participating small business to the Administrator with respect to such requirements. Authorizes the Administrator to change the above percentage. Directs the Administrator to establish and maintain a list of qualified small businesses (QSBs) located in HUBZones. Establishes within the SBA a program to provide for Federal contracting assistance to QSBs located in HUBZones. Requires the head of an executive agency to provide a contract set-aside (preference) to a QSB if such agency head determines that two or more QSBs will submit offers and that the award can be made at a fair market price. Allows sole-source (single bidder) contracts to be awarded under limited circumstances (limiting the total value of such contracts). Provides a price evaluation preference to a QSB if its offer is not more than ten percent higher than the other offeror, as long as the other offeror is not a small business. Directs the Administrator to enforce the requirements of this title and to verify the eligibility of QSBs, including random program examinations. Provides penalties. Limits the application of this title to specified Federal departments and agencies during the period beginning with the enactment of this Act and ending on September 30, 2000. (Sec. 606) Directs the Administrator to report to the small business committees on implementation of the HUBZone program. (Sec. 607) Authorizes appropriations for such program for FY 1998 through 2000.
Bill· HRH.R. 2373 (105th)referred
United States · United States Congress · 1 August 1997
Parents and Students Savings Account Plus Act - Amends the Internal Revenue Code with respect to education individual retirement accounts to: (1) include qualified elementary and secondary education expenses (including home schooling); and (2) increase annual contribution limits to $2,000.
Resolution· HRESH.Res. 214 (105th)referred
United States · United States Congress · 1 August 1997
Expresses the sense of the House of Representatives that the Department of Education should not expend funds in FY 1997 or in any subsequent year for the planning, development, implementation, or administration of any national testing proposal in reading, mathematics, or any other subject area until such time as Congress provides specific, explicit statutory authority.
Bill· SS. 1133 (105th)open
United States · United States Congress · 31 July 1997
Parent and Student Savings Account PLUS Act - Amends the Internal Revenue Code with respect to education individual retirement accounts to: (1) include qualified elementary and secondary education expenses (including home schooling); and (2) increase annual contribution limits to $2,000.
Bill· SS. 1116 (105th)referred
United States · United States Congress · 31 July 1997
Affordable Education Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $2,000. Sets forth related excess contribution provisions. (Sec. 3) Makes the exclusion from gross income for employer-provided educational assistance permanent. Includes graduate education assistance within such exclusion. (Sec. 4) Increases the maximum annual contribution limit for education individual retirement accounts to $2,000. Includes specified elementary and secondary school expenses (including home schooling) within the definition of "qualified education expenses."