Energy

Transportation Equity Act for the 21st Century

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.

Long Island Drinking Water Protection Act

United States · United States Congress · 3 September 1997

Long Island Drinking Water Protection Act - Directs the Secretary of Energy to ensure that the High Flux Beam Reactor at Brookhaven National Laboratory is not reactivated.

Michael Telson, of the District of Columbia, to be Chief Financial Officer, Department of Energy, vice Joseph F. Vivona.

United States · United States Senate · 2 September 1997

Robert Wayne Gee, of Texas, to be an Assistant Secretary of Energy (Policy, Planning, and Program Evaluation), vice Susan Fallows Tierney, resigned.

United States · United States Senate · 2 September 1997

Dan Reicher, of Maryland, to be an Assistant Secretary of Energy (Energy, Efficiency, and Renewable Energy), vice Christine Ervin, resigned.

United States · United States Senate · 2 September 1997

Biodiesel Energy Development Act of 1997

United States · United States Congress · 2 September 1997

TABLE OF CONTENTS: Title I: Alternative Fuels - General Title II: Alternative Fuels - Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles Biodiesel Energy Development Act of 1997 - Title I: Alternative Fuels - General - Amends the Energy Policy Act of 1992 to modify definitions relating to alternative fuels, dual-fueled vehicles, heavy duty motor vehicles, and marine vessels. Amends the Energy Policy and Conservation Act with respect to alternative fuel use by light duty Federal vehicles to provide that if such vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild. Amends the Energy Policy Act of 1992 to require the Secretary of Energy (Secretary), if appropriate, to permit a Federal fleet to: (1) acquire one heavy duty alternative fueled vehicle in place of two light duty alternative fueled vehicles; and (2) take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. Title II: Alternative Fuels - Non-Federal Programs - Requires State and local alternative fuel incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative fuels used in flexible fueled school buses and school bus conversions to alternative fueled vehicles. (Sec. 203) Requires the Secretary to study and report to Congress on alternative fuel use in marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the mandate for alternative fuel providers to include regulation of heavy duty trucks. (Sec. 301) Cites circumstances under which the Secretary may allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major vehicle overhaul or rebuild. (Sec. 302) Directs the Secretary to: (1) include heavy duty motor vehicles in the program to promote the development and use in light duty motor vehicles of domestic replacement fuels; and (2) review every five years a development plan and production goals for replacement fuel supply and demand. (Sec. 304) Modifies the fleet program purchase goals to require that specified percentages of new light duty motor vehicles acquired in each model year be acquired as, or converted into, alternative fueled vehicles. Modifies the fleet requirement program to direct the Secretary to permit fleets to substitute the acquisition or conversion of one heavy duty alternative fueled vehicle for two light duty vehicle acquisitions to meet program requirements. Permits a fleet owner to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the fuel for such vehicle for compliance purposes, if the original equipment manufacturer's warranty continues to apply to the vehicle. Allows a fleet owner a credit for such conversion. (Sec. 305) Instructs the Secretary to allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for one year for any dual-fueled vehicle acquired or converted under this Act. Sets forth a credit allocation scheme for dual-fueled vehicles and alternative fuel. (Sec. 306) Requires the Secretary to submit to the Congress recommended requirements for exempting replacement fuels from taxes levied on non-replacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.

Long Island Drinking Water Protection Act

United States · United States Congress · 2 September 1997

Long Island Drinking Water Protection Act - Directs the Secretary of Energy to ensure that the High Flux Beam Reactor at Brookhaven National Laboratory is not reactivated.

Ernest J. Moniz, of Massachusetts, to be Under Secretary of Energy, vice Thomas Paul Grumbly, resigned.

United States · United States Senate · 31 July 1997

Acid Deposition Control Act

United States · United States Congress · 31 July 1997

Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2000, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2003 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2003 and subsequent years. Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2006, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.

Mining Law Reform Act of 1997

United States · United States Congress · 31 July 1997

TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Mineral Materials Title VII: Administrative Provisions Mining Law Reform Act of 1997 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the fifth amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. (Sec. 204) Prescribes general patent issuance guidelines. Retains a Federal right of reentry in lands patented under this Act. Delineates circumstances under which such right shall ripen. Declares this Act inapplicable to mining claims and sites contained within mineral patent applications pending as of September 30, 1997, or for which a vested possessory property right against the United States exists on the date of enactment of this Act. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of five percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any person with annual net proceeds from such mineral production of less than $50,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Establishes civil penalties for nonpayment of royalties. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Mineral Materials - Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). (Sec. 602) Amends Federal law to state that lands known to contain valuable deposits of mineral materials, but not covered by any contract, permit, or lease, or by a valid mining claim, for uncommon varieties of mineral materials, are subject to disposition by lease by the Secretary. Cites as lease conditions: (1) a minimum royalty payment of two percent of the quantity or gross value of the mineral output; and (2) certain rental payments. Specifies such rental payments in the following order: (1) 25 cents per acre for the first calendar year; (2) 50 cents for the second, third, fourth, and fifth years, respectively; and (3) $1 per acre per annum thereafter for the life of the lease. Requires such rental to be credited against royalties accruing for the year. Sets the lease term for 20 years and so long thereafter as the lessee complies with the lease terms. Conditions leases upon a minimum annual production, or payment of a minimum royalty in lieu thereof. Authorizes the Secretary to permit suspension of operations under such leases when marketing conditions do not permit leases to operate without a loss. Directs the Secretary to renew leases subject to the same tenure and conditions as provided for in this Act. Authorizes the Secretary to grant prospecting permits with the exclusive right to prospect for mineral materials for a maximum two-year period on up to 2,560 acres of Federal land in reasonably compact form. Entitles a permittee to lease the land described in such permit (subject to a minimum royalty of two percent of the quantity or gross value of the mineral material output at the point of shipment to market) upon showing that the permittee has discovered valuable mineral deposits subject to the Materials Act of 1947. Entitles holders of valid mining claims for uncommon varieties of mineral materials to receive a lease. Amends Federal law regarding unpatented mining claims to assert the Federal right to manage and dispose of mineral material surface resources, or to sever, remove, or use them before issuance of a mining patent. Authorizes the Secretary to negotiate a contract for the disposal of mineral materials, in lieu of disposing of them to the highest responsible qualified bidder after formal public notice, as required by current law. Title VII: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.

Acid Deposition Control Act

United States · United States Congress · 31 July 1997

Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2000, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2003 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2003 and subsequent years. Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2006, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. Authorizes appropriations.

Mary Anne Sullivan, of the District of Columbia, to be General Counsel of the Department of Energy, vice Robert Riggs Nordhaus, resigned.

United States · United States Senate · 30 July 1997

Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997

United States · United States Congress · 29 July 1997

Boundary Waters Canoe Area Wilderness Expansion, Protection, and Access Act of 1997 - Amends Federal law to revise provisions regarding motorized portage in the Boundary Waters Canoe Area Wilderness, Minnesota. Provides that nothing shall prevent the operation of a motorized vehicle and associated equipment necessary to assist in the transport of a boat across Prairie Portage from the Moose Lake chain to Basswood Lake, and from Lake Vermilion to Trout Lake across the Trout Lake Portage. Prohibits such vehicles from exceeding the dimensions of a three-quarter ton pickup truck and requires them to be clean-emission and energy efficient. Requires the Secretary of Agriculture to terminate special use permits for tow boats in Basswood or South Farm Lakes. Increases the number of motorboat permits for September on Basswood Lake to take into account the removal of tow boats. Requires the costs of operating motorized vehicles to be borne by a concessionaire without government subsidies. Makes provisions regarding motorized portage ineffective if there is no operation of such vehicles for a significant part of the ice-free season for three consecutive years. Adds lands to the Wilderness. Prohibits the use of motorboats on Canoe Lake in Cook County. Requires the Secretary to make funds available annually to the Minnesota Department of Natural Resources for activities such as campsite restoration, trail and campsite maintenance, law enforcement, management plan monitoring, and user education. Makes a specified executive order regarding an airspace reservation applicable to lands added to the Wilderness under this Act. Authorizes appropriations.

A concurrent resolution commending Dr. Hans Blix for his distinguished service as Director General of the International Atomic Energy Agency on the occasion of his retirement.

United States · United States Congress · 29 July 1997

Commends Dr. Hans Blix for his efforts on behalf of world peace and development on the occasion of his retirement as Director General of the International Atomic Energy Agency.

John C. Angell, of Maryland, to be an Assistant Secretary of Energy (Congressional and Intergovernmental Affairs), vice Derrick L. Forrister, resigned.

United States · United States Senate · 28 July 1997

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998

United States · United States Congress · 25 July 1997

TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 1998 - Makes appropriations for the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration for salaries and expenses and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; and (15) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1998 - Makes appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) the Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Rescinds FY 1998 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 211) Authorizes the Secretary of Health and Human Services to provide for the relocation of the Gillis W. Long Hansen's Disease Center in Carville, Louisiana. Sets forth administrative provisions with respect to relocation of patients and separation of employees. (Sec. 212) Prohibits funds appropriated in this Act from being made available under title X (population research and voluntary family planning) of the Public Health Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities. Title III: Department of Education - Department of Education Appropriations Act, 1998 - Makes appropriations for the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) literacy; (6) Indian education; (7) bilingual and immigrant education; (8) special education; (9) rehabilitation services and disability research; (10) special institutions for persons with disabilities; (11) vocational and adult education; (12) student financial assistance; (13) the Federal family education loan program account; (14) higher education; (15) Howard University; (16) college housing and academic facilities loans program; (17) the historically black college and university capital financing program account; (18) education research, statistics, and improvement; (19) libraries; (20) departmental management; (21) the Office for Civil Rights; and (22) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. (Sec. 306) Requires the Secretary of Education, from funds appropriated under the Fund for the Improvement of Education, to make an award to the National Academy of Sciences to evaluate and report to specified congressional committees on certain items related to the Clinton Administration's proposed national tests in fourth grade reading and eighth grade math. Prohibits the Department of Education from administering any final version of such tests until such report is completed. Title IV: Related Agencies - Makes appropriations for the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 508) Prohibits the expenditure of funds appropriated under this Act for an abortion except when made known to the Federal entity to which funds are appropriated that such procedure is necessary to save the life of the mother or that the pregnancy is the result of rape or incest. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Amends the Social Security Act to increase fees required from States for Federal administration of State supplementary payments under the SSI program. Provides for the deposit of a portion of such fees into a special fund and authorizes appropriations from the fund for administrative expenses of the SSI program. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend certain voluntary separation incentive payments to Federal employees who separate before December 31, 1997 (currently, September 30, 1997).

Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 1998

United States · United States Congress · 24 July 1997

TABLE OF CONTENTS: Title I: Department of Labor Title II: Department of Health and Human Services Title III: Department of Education Title IV: Related Agencies Title V: General Provisions Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Labor, Health and Human Services, and Education and related agencies. Title I: Department of Labor - Department of Labor Appropriations Act, 1998 - Makes appropriations for the Department of Labor for: (1) training and employment services; (2) community service employment for older Americans; (3) Federal unemployment benefits and allowances; (4) State unemployment insurance and employment service operations; (5) advances to the Unemployment Trust Fund and other trust funds; (6) employment and training program administration; (7) the Pension and Welfare Benefits Administration for salaries and expenses and the Pension Benefit Guaranty Corporation; (8) the Employment Standards Administration; (9) certain special benefits; (10) the Black Lung Disability Trust Fund; (11) the Occupational Safety and Health Administration; (12) the Mine Safety and Health Administration; (13) the Bureau of Labor Statistics; (14) departmental management; and (15) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1998 - Makes appropriations for the Department of Health and Human Services for: (1) the Health Resources and Services Administration; (2) Federal interest subsidies for medical facilities; (3) health education assistance loans; (4) the Vaccine Injury Compensation Program Trust Fund; (5) Centers for Disease Control and Prevention; (6) the National Institutes of Health, including amounts for the John E. Fogarty International Center, the National Library of Medicine, the Office of the Director, and buildings and facilities; (7) the Substance Abuse and Mental Health Services Administration; (8) retirement pay and medical benefits for Public Health Service commissioned officers; (9) the Agency for Health Care Policy and Research; (10) the Health Care Financing Administration for grants to States for Medicaid, payments to health care trust funds, program management, and the Health Maintenance Organization Loan and Loan Guarantee Fund; (11) the Administration for Children and Families for family support payments to States; (12) low income home energy assistance; (13) refugee and entrant assistance; (14) the child care and development block grant; (15) the social services block grant; (16) children and families services programs; (17) family preservation and support; (18) payments to States for foster care and adoption assistance; (19) the Administration on Aging; (20) the Office of the Secretary for general departmental management; (21) the Office of Inspector General; (22) the Office for Civil Rights; and (23) policy research. Rescinds FY 1998 funds for a sample study of child welfare. Sets forth authorized uses of, and limitations on, funds appropriated under this title. Title III: Department of Education - Department of Education Appropriations Act, 1998 - Makes appropriations for the Department of Education for: (1) education reform; (2) education for the disadvantaged; (3) impact aid; (4) school improvement activities; (5) Indian education; (6) bilingual and immigrant education; (7) special education; (8) rehabilitation services and disability research; (9) special institutions for persons with disabilities; (10) vocational and adult education; (11) student financial assistance; (12) the Federal family education loan program account; (13) higher education; (14) Howard University; (15) the college housing and academic facilities loans program; (16) the historically black college and university capital financing program account; (17) education research, statistics, and improvement; (18) a child literacy initiative; (19) the Institute of Museum and Library Services; (20) departmental management; (21) the Office for Civil Rights; and (22) the Office of the Inspector General. Sets forth authorized uses of, and limitations on, funds appropriated under this title. (Sec. 301) Prohibits funds appropriated in this Act from being used to: (1) transport teachers or students in order to overcome racial imbalance in any school or to carry out a racial desegregation plan; or (2) prevent the implementation of programs of voluntary prayer and meditation in public schools. Title IV: Related Agencies - Makes appropriations for the: (1) Armed Forces Retirement Home; (2) Corporation for National and Community Service; (3) Corporation for Public Broadcasting; (4) Federal Mediation and Conciliation Service; (5) Federal Mine Safety and Health Review Commission; (6) National Commission on Libraries and Information Science; (7) National Council on Disability; (8) National Education Goals Panel; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board for the dual benefits payments account, Federal payments to the railroad retirement accounts, administration, and the Office of Inspector General; (15) Social Security Administration for payments to the social security trust funds, special benefits for disabled coal miners, the Supplemental Security Income (SSI) Program, administrative expenses, and the Office of Inspector General; and (16) U.S. Institute of Peace. Title V: General Provisions - Sets forth authorized uses of, and limitations on, funds appropriated under this Act. (Sec. 506) Sets forth Buy American provisions. (Sec. 508) Prohibits the expenditure of funds appropriated under this Act for an abortion except when made known to the Federal entity to which funds are appropriated that such procedure is necessary to save the life of the mother or that the pregnancy is the result of rape or incest. (Sec. 511) Prohibits the use of funds made available in this Act for: (1) the creation of a human embryo for research purposes; or (2) research in which a human embryo is destroyed or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under Federal regulations and the Public Health Service Act. (Sec. 512) Prohibits the use of funds made available in this Act for activities to promote the legalization of a controlled substance unless there is significant medical evidence of a therapeutic advantage to the use of such substance or that federally-sponsored trials are being conducted to determine such advantage. (Sec. 514) Amends the Social Security Act to increase fees required from States for Federal administration of State supplementary payments under the SSI program. Provides for the deposit of a portion of such fees into a special fund and authorizes appropriations from the fund for administrative expenses of the SSI program. (Sec. 515) Amends the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 to extend certain voluntary separation incentive payments to Federal employees who separate before December 31, 1997 (currently, September 30, 1997). (Sec. 516) Cancels a specified amount of budgetary resources available to agencies funded in this Act for salaries and expenses during FY 1998, to be allocated by the Office of Management and Budget. Makes this provision inapplicable to the Food and Drug Administration and the Indian Health Service.

Glacier Bay Management and Protection Act of 1997

United States · United States Congress · 24 July 1997

Glacier Bay Management and Protection Act of 1997 - Amends the Alaska National Interest Lands Conservation Act to authorize the Secretary of the Interior to enter into a contractual relationship with the Glacier Bay Lodge in Bartlett Cove, Alaska, for purposes of making improvements to the Lodge and related visitor facilities. Directs the Secretary, before entering into a cooperative agreement for alteration or expansion of National Park Service facilities in or near Gustavus, Alaska, to provide a report that includes a cost-benefit analysis of such activity to the Senate Committee on Energy and Natural Resources and the House Committee on Resources (the Committees). Requires the Secretary to promulgate regulations to increase the number of Glacier Bay entry permits available to tour boats during June, July, and August to a level consistent with demand for entry. Directs the Secretary to submit a plan for conducting a survey of Glacier Bay National Park users to the Committees to determine the extent to which: (1) users consider the activities of other Park users as having an adverse impact on their enjoyment of the Park; and (2) user expectations for the Park are being satisfied. Provides for submission of survey results to the Committees as well as recommendations to reconcile competing Park uses or to satisfy visitor access needs. Allows subsistence fishing and gathering by local residents of the Park. Bars construction of permanent structures associated with such activities. Authorizes commercial fishing in the Park using specified methods in use during 1980-1996. Makes commercial fishing in the Park subject to Federal and State laws. Authorizes the Secretary to: (1) request the State fishery management authority to initiate remedial action if a significant adverse impact is occurring to a resident population of fish or shellfish as a result of such commercial fishing; and (2) promulgate regulations to protect threatened resources during an emergency where such fishing poses an immediate threat to a Park resource, including fish or shellfish. Designates the waters of Glacier Bay as the Glacier Bay Marine Fisheries Reserve. Requires the Reserve to remain open to fishing. Permits closures or restrictions on times, areas, methods, or means of access to the Reserve under certain conditions. Closes the waters of the Beardslee Islands managed as wilderness to commercial fishing, with specified income-related exceptions for Dungeness crab fishing. Establishes the Glacier Bay Fishery Science Advisory Council to: (1) report on the status of knowledge about fishery resources in the Park; (2) prepare a fisheries management plan for the Reserve; and (3) provide additional recommendations on fishery research and management priorities and needs in the Reserve, as appropriate.

Providing for consideration of the bill (H.R. 2203) making appropriations for energy and water development for the fiscal year ending September 30, 1998, and for other purposes.

United States · United States Congress · 23 July 1997

Sets forth the rule (open) for the consideration of H.R. 2203 (energy and water development appropriations).

To extend the deadline under the Federal Power Act applicable to the construction of FERC Project Number 9248 in the State of Colorado, and for other purposes.

United States · United States Congress · 22 July 1997

Directs the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend, until January 30, 2002, the time required to commence construction of a specified project in the State of Colorado. Instructs the Commission to reinstate, effective as of the date of its expiration, the license of the Town of Telluride, Colorado, for such project.

Energy and Water Development Appropriations Act, 1998

United States · United States Congress · 21 July 1997

TABLE OF CONTENTS: Title I: Department of Defense--Civil Title II: Department of the Interior Title III: Department of Energy Title IV: Independent Agencies Title V: General Provisions Energy and Water Development Appropriations Act, 1998 - Title I: Department of Defense--Civil - Makes appropriations to the Department of the Army and its Corps of Engineers for FY 1998 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects; (4) certain flood control projects on the Mississippi River and its tributaries; (5) water development projects operation and maintenance; (6) regulatory programs; (7) flood control and coastal emergencies; (8) the Formerly Utilized Sites Remedial Action Program; and (9) general expenses. Title II: Department of the Interior - Makes FY 1998 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation; (3) water and related resources; (4) project construction and rehabilitation; (5) Bureau of Reclamation Loan Program Account; (6) the Central Valley Project Restoration Fund; (7) California Bay-Delta Ecosystem Restoration; and (8) general administrative expenses. Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 1998 for: (1) energy supply activities; (2) non-defense environmental management; (3) the Uranium Enrichment Decontamination and Decommissioning Fund; (4) general DOE science activities; (5) the Nuclear Waste Disposal Fund; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense environmental restoration and waste management; (10) other DOE defense activities; (11) defense nuclear waste disposal; (12) DOE administration expenses; (13) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams); and (14) the Federal Energy Regulatory Commission. Sets forth limitations for appropriations under this title. Title IV: Independent Agencies - Makes appropriations for FY 1998 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Nuclear Regulatory Commission (NRC); (4) the NRC Office of the Inspector General; (5) the Nuclear Waste Technical Review Board; and (6) the Tennessee Valley Authority. Title V: General Provisions - Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts.

To extend the deadline under the Federal Power Act applicable to the construction of FERC Project Number 3862 in the State of Iowa, and for other purposes.

United States · United States Congress · 15 July 1997

Authorizes the Federal Energy Regulatory Commission, upon request of a certain licensee, to extend for not more than three consecutive two-year periods, the time required to commence construction of a specified project in the State of Iowa. Instructs the Commission to reinstate, effective as of the date of its expiration, any pertinent expired license, and to extend the time required for commencement of project construction for not more than three consecutive two-year periods, the first of which shall commence on the date of such expiration.

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998

United States · United States Congress · 14 July 1997

TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 - Title I: Export and Investment Assistance - Makes appropriations for FY 1998 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1998 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for child survival and disease programs, including basic education programs; (3) specified development assistance (allowing availability of limited amounts for the Inter-American Foundation and the African Development Foundation); (4) private and voluntary organizations; (5) international disaster assistance; (6) debt restructuring; (7) micro and small enterprise development programs; (8) guaranteed loans for the urban and environmental credit program; (9) the Foreign Service Retirement and Disability Fund; (10) operating expenses of AID and the AID Office of Inspector General; (11) Economic Support Fund (ESF) assistance (earmarking amounts for Israel and Egypt); (12) the International Fund for Ireland; (13) economic assistance for Eastern Europe and the Baltic States (earmarking amounts for Bosnia and Herzegovina, but with a prohibition on funds for new housing construction or repair or reconstruction of existing housing in Bosnia and Herzegovina unless directly related to U.S. troop efforts to promote peace there); (14) assistance for the new independent states of the former Soviet Union (subject to specified conditions); (15) the Inter-American Foundation; (16) the African Development Foundation; (17) the Peace Corps (but with a prohibition on the use of such funds for abortions); (18) international narcotics control; (19) migration and refugee assistance; (20) a targeted program for refugee resettlement assistance; (21) the Emergency Refugee and Migration Assistance Fund; and (22) nonproliferation, anti-terrorism and related programs and activities. Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Prohibits funds to: (1) Russia unless the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program; (2) the Government of Ukraine if the President reports to the Committee on Appropriations that it is engaged in military cooperation with Libya; and (3) the Government of Azerbaijan until the President reports to the Congress that it has ceased all blockades against Armenia and Nagorno-Karabakh. Title III: Military Assistance - Makes appropriations for FY 1996 for: (1) international military education and training (earmarking amounts for Indonesia and Guatemala, with a bar on such assistance to the School of the Americas unless certain conditions are met); (2) foreign military financing and direct loans (earmarking amounts for Israel, Egypt, Greece, and Turkey); and (3) international peacekeeping operations (subject to notification procedures of the Committees on Appropriations). Prohibits foreign military financing for: (1) any non-NATO country participating in the Partnership for Peace Program except through the regular notification procedures of the Committees on Appropriations; and (2) Sudan, Liberia, and Guatemala. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1998 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) Inter-American Development Bank; (4) Asian Development Bank; (5) Asian Development Fund; (6) African Development Fund; (7) European Bank for Reconstruction and Development; and (8) North American Development Bank. Makes appropriations for FY 1998 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds made available to the United Nations Population Fund (UNFPA) for activities in China. Prohibits the use of funds for: (1) the Korean Peninsula Energy Development Organization (KEDO); (2) the International Atomic Energy Agency (IAEA); or (3) the United Nations development group or any similar organization. Title V: General Provisions - Sets forth limits on the use of appropriations, including no more than: (1) 15 percent of such appropriations to be obligated during the last month of availability; and (2) specified maximums for official residence expenses, entertainment expenses, and representation allowances for AID, and for entertainment and representation allowances for the Inter-American Foundation and the Trade and Development Agency. Limits the use of funds for entertainment expenses of the Peace Corps, or under the Foreign Military Financing Program. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (4) assistance to any country whose duly elected head of government is deposed by military coup or decree; (5) certain transfers between appropriations accounts without prior presidential consultation with Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and Liberia, and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance (except in certain circumstances) for production of any commodity for export by a foreign country, if the commodity is likely to be in surplus on world markets when the resulting productive capacity is expected to become operative, and if the assistance will injure U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the use of international organization funds for Libya, Iran, or certain Communist countries. (Sec. 517) Declares it is U.S. policy that appropriations for ESF funds allocated to Israel shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 518A) Sets forth certain limitations on the authorization of funds for population planning activities or other population assistance. (Sec. 519) Requires the President to report to the Committees on Appropriations on annual arms sales proposals covering major weapons under the Arms Export Control Act. (Sec. 520) Prohibits the use of funds for Colombia, Haiti, Liberia, Pakistan, Panama, Peru, Russia, Serbia, Sudan, or the Democratic Republic of Congo except through the regular notification procedures of the Committees on Appropriations. (Sec. 522) Makes funds available to AID for family planning, health, child survival, and AIDS research and control in developing countries. (Sec. 523) Bars funding for indirect assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to the U.S. national security interest. (Sec. 524) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1998. (Sec. 525) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 527) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 528) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 528A) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid for insurance when insurance is necessary or appropriate. (Sec. 529) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 530) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for-nature exchanges. (Sec. 531) Directs the Administrator of AID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities. (Sec. 532) Prohibits payments to any international financial institution while the U.S. Executive Director to the institution is compensated at a rate in excess of that for a specified position under the Executive Schedule. (Sec. 533) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 535) Extends the authority to obligate funds to close the Special Defense Acquisition Fund. (Sec. 536) Requires notification to the Committees on Appropriations of each country that has been approved for cash flow financing for the procurement of defense articles in excess of $100 million. (Sec. 537) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act. Requires an agency to report to the Committees on Appropriations whenever it is conducting or proposing activities in a country for which such assistance is prohibited. (Sec. 538) Prohibits the use of funds to provide: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 539) Declares that no sanction, prohibition, or restriction against Serbia or Montenegro shall cease to be effective, unless: (1) the President submits to the Congress a specified certification with respect to human rights and progress toward self-determination in Kosova; and (2) certain requirements are met. (Sec. 540) Declares that funds appropriated under this Act for Afghanistan, Lebanon, and Cambodia, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Bosnia and Herzegovina, Croatia, and Kosova, may be made available notwithstanding any other provision of law. Authorizes the use of foreign assistance funds to support: (1) tropical forestry and energy programs aimed at reducing emissions of greenhouse gases; and (2) biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 541) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycott of Israel (reinstated in 1997) and of American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 542) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. Allows such use of ESF funds (including for anti-narcotics activities) for Bolivia, Colombia, and Peru, notwithstanding specified provisions of the Foreign Assistance Act of 1961. (Sec. 543) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under specified provisions of the Agricultural Trade Development and Assistance Act of 1954. (Sec. 544) Authorizes the reprogramming of earmarked appropriations for other programs within the same account, provided certain requirements are met. (Sec. 546) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Makes specified funds available to private and voluntary organizations to deal with world hunger problems abroad. (Sec. 547) States that assistance under this Act should make full use of American resources, including commodities, products, and services, to the maximum extent possible. (Sec. 548) Prohibits the use of funds to pay any assessments, arrearages, or dues of any U.N. member. (Sec. 550) Prohibits the provision of funds to a private voluntary organization that fails to provide any document, file, or record necessary to the auditing requirements of AID. (Sec. 551) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country that the Secretary of State has determined has a terrorist government, unless the President determines that the furnishing of such assistance is in the U.S. national interest. (Sec. 552) Withholds assistance to a foreign country in an amount equal to 110 percent of the total unpaid parking fines and penalties owed by the country to the District of Columbia. (Sec. 553) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 555) Permits the President to provide up to a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 556) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearing of land mines and unexploded ordnance for humanitarian purposes. (Sec. 557) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 558) Prohibits the obligation of certain funds appropriated for Informational Program activities to pay for: (1) alcoholic beverages; (2) food (other than food provided at a military installation) not provided in conjunction with Informational Program trips where students do not stay at a military installation; or (3) entertainment expenses for recreational activities. (Sec. 559) Limits the amount of certain foreign assistance funds to Latin America and the Caribbean region. (Sec. 560) Expresses the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. Requires Federal agency heads, in providing financial assistance to or entering into any contract with any entity using funds made available in this Act, to notify such entity of this intention. (Sec. 561) Prohibits the use of North American Development Bank funds for purposes other than those set out in the binational agreement. (Sec. 562) Authorizes appropriations, without fiscal year limitation, for the U.S. contribution to the eleventh replenishment of the resources of the International Development Association. (Sec. 563) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development) (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 564) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 565) Requires the President to determine and certify to the Congress that the Guatemalan military is cooperating with efforts to implement a peace settlement and resolve human rights abuses which elements of the Guatemalan military forces are alleged to have committed, ordered, or attempted to thwart the investigation of, as a condition for: (1) availability of any funds provided in this Act for the Guatemalan military forces; and (2) the lifting of restrictions on Guatemala under the heading Foreign Military Financing Program. Makes such condition inapplicable to funds made available to implement a cease-fire or peace agreement. Subjects any such funds to the regular notification procedures of the Committees on Appropriations. (Sec. 566) Provides for bilateral and multilateral assistance sanctions against countries harboring war criminals indicted with respect to Nazi Germany, the former Yugoslavia, and Rwanda. (Sec. 567) Prohibits provision to the Government of Haiti of any funds appropriated or otherwise made available by this Act until the President reports to Congress that such Government: (1) is conducting thorough investigations of extrajudicial and political killings that have taken place there since February 12, 1996; and (2) has completed privatization of, or placed under long-term private management contract, at least three major public enterprises. Makes such prohibition inapplicable to humanitarian, law enforcement, antinarcotics, or electoral assistance. Authorizes the President to waive such conditions on a semiannual basis upon determination and certification to the appropriate congressional committees that it is in the U.S. national interest. (Sec. 568) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1997. (Sec. 569) Prohibits the U.S. from paying any voluntary contribution to the UN, including the UN Development Program, unless the President certifies to the Congress 15 days in advance of such payment that the UN is not engaged in any effort to implement or impose any taxation on U.S. persons in order to raise revenue for itself or any of its specialized agencies. (Sec. 570) Directs the Secretary to report to the Committee on Appropriations on the military forces of the Democratic People's Republic of Korea. (Sec. 571) Limits the amount of ESF assistance to Turkey.

Energy and Water Development Appropriations Act, 1998

United States · United States Congress · 10 July 1997

TABLE OF CONTENTS: Title I: Department of Defense--Civil Title II: Department of the Interior Title III: Department of Energy Title IV: Independent Agencies Title V: General Provisions Energy and Water Development Appropriations Act, 1998 - Title I: Department of Defense - Civil - Makes appropriations to the Department of the Army and its Corps of Engineers for FY 1998 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, beach erosion, and related purposes; (2) expenses necessary for the collection and study of information related to such purposes; (3) the prosecution of authorized water development and related projects; (4) certain flood control projects on the Mississippi River and its tributaries; (5) water development projects operation and maintenance; (6) the navigable waters and wetlands regulatory program; (7) flood control and coastal emergencies; and (8) general expenses. Authorizes use of the Revolving Fund to construct an addition to the United States Army Corps of Engineers Alaska District main office building on Elemendorf Air Force Base. (Sec. 101) Instructs the Secretary of the Army to advertise specified hopper dredge volume for competitive bid. (Sec. 102) Prescribes guidelines under which the Secretary of the Army shall provide planning, design and construction assistance to non-Federal interests in implementing water-related environmental infrastructure and environmental resources development projects. Title II: Department of the Interior - Makes FY 1998 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation; (3) water and related resources; (4) Bureau of Reclamation Loan Program Account; (5) California Bay-Delta Ecosystem Restoration; (6) the Central Valley Project Restoration Fund; and (7) general administrative expenses and special funds. Title III: Department of Energy - Makes appropriations to the Department of Energy (DOE) for FY 1998 for: (1) non-defense energy research programs; (2) non-defense environmental management; (3) the Uranium Enrichment Decontamination and Decommissioning Fund; (4) the Nuclear Waste Disposal Fund; (5) general DOE science and research activities; (6) DOE administration; (7) Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense environmental restoration and waste management; (10) other DOE defense activities; (11) defense nuclear waste disposal; (12) DOE administration expenses; (13) the various geographical power marketing administrations of DOE (including specified costs for the hydroelectric facilities at the Falcon and Amistad Dams under the Western Area Power Administration); and (14) the Federal Energy Regulatory Commission. Title IV: Independent Agencies - Makes appropriations for FY 1998 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Nuclear Regulatory Commission (NRC); (4) the NRC Office of the Inspector General; (5) the Nuclear Waste Technical Review Board; and (6) the Tennessee Valley Authority. Title V: General Provisions - Declares the sense of the Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. (Sec. 502) Amends the Reclamation Wastewater and Groundwater Act to authorize the Secretary of the Interior to participate in the planning, design, and construction of the Albuquerque Metropolitan Area Water Reclamation and Reuse Project, including the reclamation and use of nonpotable surface water. (Sec. 503) Amends the Yavapai-Prescott Indian Treaty Settlement Act of 1994 to increase authorizations for construction determined at 1997 prices.

Dutch John Federal Property Disposition and Assistance Act of 1998

United States · United States Congress · 8 July 1997

Dutch John Federal Property Disposition and Assistance Act of 1997 - Provides for the transfer or disposal of certain Federal properties at Dutch John, Utah. Transfers lands designated for disposal from the jurisdiction of the Secretary of Agriculture (Secretary), acting through the Chief of the Forest Service, to the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (BLM), and, if appropriate, the Postal Service. Removes such lands from inclusion in the Ashley National Forest and the Flaming Gorge National Recreation Area. Directs the Secretary of the Interior to transfer administrative jurisdiction over certain lands acquired for the Central Utah Project and developed for wildlife mitigation to the Secretary. Incorporates such lands into the Ashley or Uinta National Forests. Directs the Secretary to transfer administrative jurisdiction over certain lands to the Postal Service. Requires the Secretary of the Interior to conduct appraisals to determine the fair market value of properties designated for disposal. Conveys specified infrastructure facilities, land, and public schools to Daggett County, and certain facilities of the Utah Division of Wildlife Resources to the Division, without consideration. Sets forth requirements for the purchase of disposed residential properties. Bases priority in purchasing on seniority of reclamation lease or residency in Dutch John. Limits households to one residential lot. Sets forth requirements for the purchase of unoccupied lots, special use lands, and church land. Transfers all water rights to the Dutch John municipal water system to the County, subject to certain conditions. Requires the Secretary to consider issuance of a special use permit affording Flaming Gorge Reservoir public shoreline access and use within the vicinity of Dutch John in conjunction with commercial visitor facilities provided under such a permit. Directs the Secretary, before transfer or disposal of any land that contains cultural resources and may be eligible for listing on the National Register of Historic Places, to prepare a memorandum of agreement, for review and approval by the Utah Office of Historical Preservation and the Advisory Council on Historic Preservation, that contains a strategy for protecting or mitigating adverse effects on cultural resources. Conveys such land to the County upon completion of actions required under the agreement. Requires the Secretary of the Interior to provide training and transitional operating assistance to County personnel designated as successors to operators of conveyed infrastructure facilities. Provides for annual payments to the County, for up to 15 years, for purposes of defraying administrative transition costs. Makes available a limited amount of electric power and energy from the Colorado River Storage Project for the Dutch John community. Authorizes appropriations.

Department of the Interior and Related Agencies Appropriations Act, 1998

United States · United States Congress · 1 July 1997

TABLE OF CONTENTS: Title I: Department of the Interior Title II: Related Agencies Title III: General Provisions Department of the Interior and Related Agencies Appropriations Act, 1998 - Makes appropriations for the Department of the Interior and related agencies for FY 1998. Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; (10) miscellaneous trust funds; and (11) BLM administrative and enforcement expenses. Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) natural resource damage assessment activities; (4) land acquisition; (5) the Cooperative Endangered Species Conservation Fund; (6) the National Wildlife Refuge Fund; (7) expenses related to carrying out the African Elephant Conservation Act; (8) expenses related to the North American Wetlands Conservation Act; (9) the Rhinoceros and Tiger Conservation Fund; (10) the Wildlife Conservation and Appreciation Fund; and (11) U.S. Fish and Wildlife Service administrative and enforcement expenses. Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1998. Prohibits the use of funds by the NPS for activities taken in direct response to the United Nations Biodiversity Convention. Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Mining Reclamation and Enforcement for enforcement and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) salaries and expenses of departmental management, the Offices of the Solicitor and Inspector General, and the National Indian Gaming Commission; and (7) trust programs for Indians. Sets forth prohibitions on the use of specified funds. (Sec. 101) Sets forth provisions regarding the use of funds under this title for emergency reconstruction, replacement, or repair of facilities or equipment. (Sec. 108) Prohibits the use of such funds for specified offshore leasing and related activities. (Sec. 113) Sets forth provisions regarding severance and health benefits for employees of BLM's helium operations. (Sec. 114) Prohibits the use of funds in this or previous appropriations Acts to establish a new regional office in the U.S. Fish and Wildlife Service without the advance approval of the Appropriations Committees. Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) forestry activities; (3) the National Forest System; (4) fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; (8) forest and rangeland research; (9) restoration of the Midewin National Tallgrass Prairie; (10) restoration of balances borrowed for previous years firefighting; and (11) administrative expenses. Rescinds a specified amount of funds made available to the Department of Energy in FY 1997 or prior fiscal years for clean coal technology projects. Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) energy conservation; (4) economic regulation activities of the Office of Hearings and Appeals; (5) the Strategic Petroleum Reserve; and (6) the Energy Information Administration. Makes appropriations for the Department of Health and Human Services for the Indian Health Service, including Indian health facilities. Makes appropriations for the: (1) Office of Navajo and Hopi Indian Relocation; (2) Institute of American Indian and Alaska Native Culture and Arts Development; (3) Smithsonian Institution; (4) National Zoological Park; (5) National Gallery of Art; (6) John F. Kennedy Center for the Performing Arts; (7) Woodrow Wilson International Center for Scholars; (8) National Endowments for the Arts and Humanities, respectively; (9) Institute of Museum and Library Services; (10) Commission of Fine Arts; (11) Advisory Council on Historic Preservation; (12) National Capital Planning Commission; and (13) Holocaust Memorial Council. Sets forth provisions regarding uses of, and limitations on, funds under this title. Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements. Prohibits Federal contracts with persons found to have falsely labeled products with a "Made in America" inscription. (Sec. 308) Prohibits the use of funds under this Act for: (1) planning or offering timber from giant sequoias on BLM or Forest System lands for sale in a manner different than such sales were conducted in FY 1995; (2) entering into a concession contract (by the NPS) which provides for the removal of the underground lunchroom at Carlsbad Caverns National Park; (3) the AmeriCorps program unless the relevant agencies of the Departments of the Interior and Agriculture follow appropriate reprogramming guidelines; (4) demolishing the bridge between Jersey City, New Jersey, and Ellis Island or preventing pedestrian use of such bridge; (5) accepting or processing applications for a patent for mining or mill site claims located under the general mining laws, unless the Secretary of the Interior takes specified actions; (6) acquiring lands in specified Ohio counties for the Wayne National Forest; (7) promulgating or enforcing any rule or regulation pursuant to title VIII of the Alaska National Interest Lands Conservation Act to assert control over any waters, nonfederal lands, or lands selected by, but not conveyed to, the State of Alaska pursuant to other specified Acts; (8) reviewing or modifying certain sourcing areas previously approved under the Forest Resources Conservation and Shortage Relief Act of 1990; and (9) funding activities of the western director and special assistant to the Secretary of Agriculture. (Sec. 319) Authorizes the Secretaries of Agriculture and the Interior to limit competition for watershed restoration project contracts as part of the President's Forest Plan for the Pacific Northwest to individuals and entities in timber-dependent areas in Washington, Oregon, and northern California that have been affected by reduced timber harvesting on Federal lands. (Sec. 323) Requires the Secretaries, in conducting the Interior Columbia Basin Ecosystem Management Project, to analyze the economic and social conditions and culture and customs of communities at the sub-basin level of analysis within the project area and delineate impacts the alternatives will have on such communities. Provides for incorporation of this analysis in any final environmental impact statement.

A bill to amend title II of the Hydrogen Future Act of 1996 to extend an authorization contained therein, and for other purposes.

United States · United States Congress · 26 June 1997

Amends the Hydrogen Future Act of 1996 to extend from FY 1999 through FY 2002 the authorization of appropriations for projects to prove the feasibility of integrating fuel cells with hydrogen production systems.

A bill to amend the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission to direct that a portion of any civil penalty assessed be used to assist local communities.

United States · United States Congress · 25 June 1997

Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission to direct a person to pay 50 percent of the amount of any civil penalty to local communities to protect them from the adverse impact of a violation of such Act or of the decommissioning of a facility under it.

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998

United States · United States Congress · 24 June 1997

TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 - Title I: Export and Investment Assistance - Makes appropriations for FY 1998 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1998 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for specified development assistance; (3) population planning assistance; (4) specified projects aimed at reunification of Cyprus; (5) democracy and humanitarian activities in Burma; (6) political reform and election activities in Cambodia; (7) the Guatemala Clarification Commission; (8) international disaster assistance; (9) debt restructuring; (10) micro and small enterprise development programs; (11) the urban and environmental credit program account; (12) private and voluntary organizations that receive 20 percent or more of their funding from non-Federal sources; (13) the Foreign Service Retirement and Disability Fund; (14) operating expenses of AID and the AID Office of Inspector General; (15) Economic Support Fund (ESF) assistance (earmarking amounts for Israel and Jordan); (16) economic assistance for Eastern Europe and the Baltic States; (17) assistance for the independent states of the former Soviet Union, including funds for U.S. contribution to the Trans-Caucasus Enterprise Fund (but no funds to Russia unless the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program); (18) the Peace Corps (but no funds for abortions); (19) international narcotics control (earmarking amounts for Law Enforcement Training and Demand Reduction); (20) migration and refugee assistance (earmarking amounts for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel); (21) the Emergency Refugee and Migration Assistance Fund; and (22) nonproliferation, anti-terrorism, demining and related programs and activities. Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Prohibits the availability of funds for economic revitalization programs in Bosnia and Herzegovina if the President certifies to a specified congressional committee that they have not complied with certain conditions under the General Framework Agreement for Peace in Bosnia). Title III: Military Assistance - Makes appropriations for FY 1996 for: (1) international military education and training assistance (but none to Guatemala); (2) foreign military financing and direct loans (earmarking amounts for Israel, Jordan, Greece, Turkey, Estonia, Latvia, and Lithuania); and (3) international peacekeeping operations (subject to obligation only through the notification procedures of the Committees on Appropriations). Prohibits foreign military financing for Sudan, Liberia, and Guatemala. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1998 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) Inter-American Development Bank; (4) Enterprise for the Americas Multilateral Investment Fund; (5) Asian Development Bank; (6) Asian Development Fund; (7) European Bank for Reconstruction and Development; (8) North American Development Bank; and (9) International Monetary Fund. Makes appropriations for FY 1998 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds made available to the United Nations Population Fund (UNFPA) for activities in China. Prohibits the use of funds for the Korean Peninsula Energy Development Organization (KEDO) or the International Atomic Energy Agency (IAEA). Title V: General Provisions - Specifies uses and limits on the use of funds appropriated by this Act. (Sec. 501) Amends the Support for East European Democracy Act to revise limitations on the compensation of Enterprise Fund board members, officers, and employees to prohibit any payments: (1) to board members other than for services as board members; or (2) to any firm, association, or entity in which a board member serves as partner, director, officer, or employee. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (4) assistance to any country whose duly elected head of government is deposed by military coup or decree; (5) certain transfers between appropriations accounts without presidential consultation with Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance for certain commodities likely to be in surplus on world markets if it will cause substantial injury to U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the availability of international organization funds for Libya, Iran, or certain Communist countries. (Sec. 517) Declares it is U.S. policy that appropriations for ESF funds allocated to Israel shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 519) Declares that nongovernmental and multilateral organizations shall not be subjected to requirements more restrictive than requirements for foreign governments in determining eligibility for population planning assistance. (Sec. 520) Requires the President to report to the Committees on Appropriations on annual arms sales proposals covering major weapons under the Arms Export Control Act. (Sec. 521) Prohibits the use of funds for Colombia, Dominican Republic, Guatemala (except for development assistance), Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or the Democratic Republic of Congo except through the regular notification procedures of the Committees on Appropriations. (Sec. 523) Makes funds available to AID for family planning, health, child survival, and basic education and AIDS research and control in developing countries. (Sec. 524) Bars funding for indirect assistance to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to U.S. national security interests. (Sec. 525) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1998. (Sec. 526) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 528) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 529) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 530) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid when insurance is necessary or appropriate. (Sec. 531) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 532) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for-nature exchanges. (Sec. 535) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 537) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act. (Sec. 538) Prohibits the use of funds to provide: (1) any financial incentive to induce a business to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 539) Declares that no sanction, prohibition, or restriction against Serbia or Montenegro shall cease to be effective, unless: (1) the President certifies to the Congress there is substantial progress toward self-determination in Kosova and substantial improvement in the human rights situation there; and (2) certain requirements are met. (Sec. 540) Declares that funds appropriated under this Act for Afghanistan, Lebanon, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Kosova, may be made available notwithstanding any other provision of law. Authorizes the use of foreign assistance funds to support: (1) tropical forestry and energy programs aimed at reducing emissions of greenhouse gases; and (2) biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 541) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycott of Israel and American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 542) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. Allows such use of ESF funds (including for anti-narcotics activities) for Bolivia, Colombia, and Peru. (Sec. 543) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under the Agricultural Trade Development and Assistance Act of 1954. (Sec. 547) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member. (Sec. 550) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country determined to have a terrorist government, unless it is in the U.S. national interest. (Sec. 552) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 554) Permits the President to provide a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 555) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearing of land mines and unexploded for humanitarian purposes. (Sec. 556) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 558) Declares that, to the greatest extent practicable, assistance provided or used for purchases should use American equipment, services, commodities, and products. (Sec. 559) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made under the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development) (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 560) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 561) Allows specified funds to be made available for assistance for Liberia. (Sec. 562) Requires the President to certify to the Congress that the Guatemalan military is cooperating with efforts to implement a peace settlement and resolve human rights abuses which elements of the Guatemalan military forces are alleged to have committed, ordered, or attempted to thwart the investigation of, as a condition for: (1) availability of any funds provided in this Act for the Guatemalan military forces; and (2) the lifting of restrictions on Guatemala under the headings International Military Education and Training and Foreign Military Financing Program. Exempts from such condition any funds made available to implement a cease-fire or peace agreement. (Sec. 563) Provides for bilateral and multilateral assistance sanctions against countries harboring war criminals indicted with respect to Rwanda. (Sec. 564) Prohibits provision to the Government of Haiti of any funds appropriated or otherwise made available by this Act (except humanitarian, development, or electoral assistance) until the President reports to Congress that such Government is: (1) conducting thorough investigations of extrajudicial and political killings; and (2) cooperating with U.S. authorities in such investigations. Provides for a U.S. national interest waiver of this requirement. (Sec. 565) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1996. (Sec. 566) Requires the Secretary of Labor to report to the Committees on Appropriations on labor practices in Burma. (Sec. 567) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for the civilian-led Haitian National Police and Coast Guard. (Sec. 568) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the World Bank and the International Development Association to encourage such institutions to: (1) provide public information on procurement opportunities available to U.S. suppliers, especially small businesses; and (2) consult with local communities as part of the normal lending process on the potential impact of loans, and expand participation of affected peoples and nongovernmental organizations in decisions on the selection, design and implementation of policies and projects. (Sec. 569) Prohibits the use of funds to the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 570) Provides for economic sanctions against the Government of Cambodia unless it takes steps to: (1) end political violence; (2) establish an independent election commission; (3) protect the rights of voters and candidates by establishing electoral laws and procedures guaranteeing freedom of speech and assembly; and (4) eliminate official corruption and collaboration with narcotics smugglers. (Sec. 571) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that such items will not be used in East Timor. (Sec. 573) Provides for bilateral and multilateral assistance sanctions against countries harboring war criminals indicted with respect to the former Yugoslavia. (Sec. 574) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1998 the authorization for admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches. Makes September 30, 1998, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status.

Taxpayer Relief Act of 1997

United States · United States Congress · 24 June 1997

TABLE OF CONTENTS: Title I: Child Tax Credit; Tax Incentives For Dependent Care and Health Care For Children Title II: Education Incentives Subtitle A: Tax Benefits Relating to Education Expenses Subtitle B: Expanded Education Investment Savings Opportunities Subtitle C: Other Education Initiatives Title III: Savings and Investment Incentives Subtitle A: Retirement Savings Subtitle B: Capital Gains Title IV: Alternative Minimum Tax Reform Title V: Estate, Gift, and Generation-Skipping Tax Provisions Subtitle A: Estate and Gift Tax Provisions Subtitle B: Generation-Skipping Tax Provisions Title VI: Extension and Modification of Certain Expiring Provisions Title VII: Incentives For Revitalization of The District of Columbia Title VIII: Welfare-To-Work Incentives Title IX: Miscellaneous Provisions Subtitle A: Provisions Relating to Excise Taxes Subtitle B: Provisions Relating to Pensions and Fringe Benefits Subtitle C: Revisions Relating to Disasters Subtitle D: Provisions Relating to Employment Taxes Subtitle E: Provisions Relating to Small Businesses Subtitle F: Other Provisions Subtitle G: Extension of Duty-Free Treatment Under Generalized System of Preferences; Tariff Treatment of Certain Equipment and Repair of Vessels Subtitle H: United States-Caribbean Basin Trade Partnership Act Title X: Revenues Subtitle A: Financial Products Subtitle B: Corporate Organizations and Reorganizations Subtitle C: Other Corporate Provisions Subtitle D: Administrative Provisions Subtitle E: Excise Tax Provisions Subtitle F: Provisions Relating to Tax-Exempt Entities Subtitle G: Other Revenue Provisions Title XI: Simplifications and Other Foreign-Related Provisions Subtitle A: General Provisions Subtitle B: Treatment of Controlled Foreign Corporations Subtitle C: Treatment of Passive Foreign Investment Companies Subtitle D: Repeal of Excise Tax on Transfers to Foreign Entities Subtitle E: Information Reporting Subtitle F: Determination of Foreign Status of Partnerships Subtitle G: Other Simplification Provisions Subtitle H: Other Provisions Title XII: Simplification Provisions Relating To Individuals and Businesses Subtitle A: Provisions Relating to Individuals Subtitle B: Provisions Relating to Businesses Generally Subtitle C: Simplification Relating to Electing Large Partnerships Subtitle D: Provisions Relating to Real Estate Investment Trusts Subtitle E: Provisions Relating to Regulated Investment Companies Title XIII: Simplification Provisions Relating To Estate and Gift Taxes Title XIV: Simplification Provisions Relating To Excise Taxes, Tax-Exempt Bonds, and Other Matters Subtitle A: Excise Tax Simplification Subtitle B: Tax-Exempt Bond Provisions Subtitle C: Tax Court Procedures Subtitle D: Other Provisions Title XV: Technical Amendments Related To Small Business Job Protection Act of 1996 and Other Legislation Revenue Reconciliation Act of 1997 - Title I: Child Tax Credit; Modification of Dependent Care Credit - Amends the Internal Revenue Code (IRC) to allow a tax credit of up to $500 dollars for each qualifying child of a taxpayer. (Sec. 102) Provides an inflation adjustment for the dependent care credit. Provides for reductions in the credit as income rises. Title II: Education Incentives - Subtitle A: Tax Benefits Relating to Education Expenses - Permits an individual a tax credit of up to $1,500 per year for the first two years of post-secondary education. (Sec. 202) Permits a total aggregate deduction of up to $40,000 for paid for qualified higher education expenses. (Sec. 203) Waives the ten percent early withdrawal tax due on IRA distributions if the withdrawal is used to pay higher education expenses. (Sec. 204) Permits a limited credit (up to $150) for qualifying expenses of education which supplements elementary and secondary education. Subtitle B: Expanded Education Investment Savings Opportunities - Permits an eligible institution to maintain a qualified State tuition program. Includes room and board in the definition of qualified higher education expenses. Makes additional modifications to the qualified State tuition program including, among other things, provisions concerning: (1) the definition of a family member; (2) estate and gift tax treatment; and (3) excess contributions. (Sec. 212) Exempts, as specified, an education investment account from taxation. Subtitle C: Other Education Initiatives - Extends, until December 31, 1997, the exclusion for employer-provided educational expenses. (Sec. 222) Increases the limit on qualified 501(c)(3) bonds other than hospital bonds. (Sec. 223) Sets forth a special rule for the donation of computer technology and equipment to elementary and secondary schools. (Sec. 224) Revises provisions concerning the cancellation of certain student loans made by tax-exempt organizations. Title III: Savings and Investment Incentives - Subtitle A: Retirement Savings - Establishes the American Dream (AD) IRA and treats it in the same manner as an individual IRA. Prohibits deductions for contributions to an AD IRA. Limits contributions to $2,000 annually. Excludes qualified distributions from gross income. Subtitle B: Capital Gains - Reduces the maximum capital gains rate for individuals from 28 to 20 percent. (Sec. 312) Provides for the indexing of certain assets acquired after December 31, 2000, for purposes of determining gain. (Sec. 313) Revises provisions concerning the one-time exclusion for the gain from the sale of a principal residence to, among other things: (1) increase the exclusion to $250,000 ($500,000 for certain joint returns); (2) allow the exclusion once every two years; and (3) remove the age limitation. (Sec. 321) Provides for a reduction of the alternative tax for corporations. Title IV: Alternative Minimum Tax Reform - Increases the exemption amounts of the individual alternative minimum tax. (Sec. 402) Exempts certain small corporations from the alternative minimum tax. (Sec. 403) Repeals the alternative minimum tax adjustment concerning depreciation. (Sec. 404) Permits farmers to use the installment method of accounting for purposes of the alternative minimum tax. Title V: Estate, Gift, and Generation-Skipping Tax Provisions - Subtitle A: Estate and Gift Tax Provisions - Increases, incrementally, the unified estate and gift tax credit to $1 million by the year 2006. (Sec. 502) Extends the amount of time an estate has to pay taxes where the estate consists largely of a closely held business. Provides for reduced and no interest charges on certain extended amounts. (Sec. 504) Permits a lineal descendent to rent specially-valued farm or trade property without imposition of the additional estate tax. (Sec. 505) Authorizes a U.S. Tax Court to make declaratory judgments concerning initial or continuing eligibility for the payment of an estate tax largely consisting of interests in a closely held business. (Sec 506) Prohibits revaluing gifts for estate tax purposes after the expiration of the statute of limitations. (Sec. 507) Provides that, for a trust other than a foreign trust, any distribution shall be computed without regard to any undistributed net income. (Sec. 508) Provides that with respect to any split-gift property that is included in both spouses' estates the unified credit is increased allowed to a decedent's estate by the amount of the unified credit previously allowed to the decedent's spouse. (Sec. 509) Sets forth provisions concerning the reformation of defective bequests. Subtitle B: Generation-Skipping Tax Provision - Sets forth provisions concerning the severing of trusts holding property having an inclusion ratio of greater than one. (Sec. 512) Extends the predeceased parent exception to transfers to collateral heirs, as specified. Title VI: Extensions - Extends: (1) the research tax credit until June 30, 1998; (2) the special rule for contributions of stock (for which market quotations are readily available) to private foundations until June 30, 1998; (3) the work opportunity tax credit for one year; and (4) permanently, the orphan drug credit. Title VII: Incentives for the Revitalization of the District of Columbia - Provides, with respect to the District of Columbia, for: (1) the establishment of the District of Columbia Enterprise Zone; (2) tax-exempt economic development bonds for the DC Zone; (3) a zero percent capital gains rate for the sale or exchange of any DC Zone asset held for more than five years; and (4) certain credits. Title VIII: Welfare-to-Work Incentives - Provides employers a specified tax credit on wages paid to long-term family assistance recipients for the first two years of their employment. Title IX: Miscellaneous Provisions - Subtitle A: Provisions Relating to Excise Taxes - Repeals the diesel fuel tax applicable to diesel fuel used in recreational boats. (Sec. 902) Revises provisions concerning the tax on recycled halon. (Sec. 903) Provides for a uniform rate of taxation on vaccines. (Sec. 904) Treats an operator of ten or more gasoline retail outlets as a wholesale distributor for refund purposes. (Sec. 905) Provides an exception for electric and other clean-fuel vehicles from the ten percent luxury automobile tax. Subtitle B: Provisions Relating to Pensions and Fringe Benefits - Includes certain irrigation and drainage entities in the definition of rural cooperative plan. (Sec. 912) Exempts governmental plans from nondiscrimination and minimum participation rules. (Sec. 913) Treats heart disease and hypertension as personal injuries or sickness for purposes of excluding from gross income the disability benefits received by former police officers or firefighters. (Sec. 914) Sets forth special rules relating to the portability of permissive service credit under governmental plans. (Sec. 915) Permits limited transfers of qualified employer securities by charitable remainder trusts. (Sec. 916) Sets forth rules concerning: (1) the treatment of certain transportation on non-commercially operated aircraft as a fringe benefit excludable from gross income; (2) increasing the limit on involuntary pension cash-outs; and (3) rules relating to employee stock ownership plans of S corporations. Subtitle C: Revisions Relating to Disasters - Authorizes the Secretary of the Treasury to postpone, for up to 90 days, certain tax- related deadlines in the case of a taxpayer affected by a Presidentially declared disaster. (Sec. 922) Permits the Secretary to prescribe regulations under which an appraisal for the purpose of obtaining a Federal loan as a result of such a disaster may be used to establish the amount of the disaster loss. (Sec. 923) Provides special treatment for income from the sale of livestock sold or involuntarily converted because of drought or other weather related conditions. (Sec. 924) Waives, with respect to qualified mortgage bond financing, specified requirements for residences located in disaster areas. Subtitle D: Provisions Relating to Employment Taxes - Sets forth standards to be used for determining the: (1) employment tax status of individuals distributing bakery products and of securities brokers; (2) exemption from the self-employment tax for certain termination payments received by former insurance salesman; and (3) standards for determining whether individuals are not employees. Subtitle E: Provisions Relating to Small Businesses - Waives any penalty through July 1, 1998, for a taxpayer first required to use the electronic fund transfer system after July 1, 1997, and who does not use such system. (Sec. 942) Provides that a home office qualifies as the principal place of business if: (1) the office is the place of business used by the taxpayer for the administrative or management activities of any trade or business of the taxpayer; and (2) there is no other fixed location of such trade or business where the taxpayer conducts substantial administrative or management activities of such trade or business. Subtitle F: Other Provisions - States that a method of determining inventories shall not be deemed not to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year, subject to conditions. (Sec. 952) Includes liability to pay workers' compensation within the definition of personal injury liability assignments (thus, making amounts received for agreeing to such liability assignment eligible for exclusion from gross income). (Sec. 953)Provides for the tax-exempt status of any organization created by State law which is organized and operated exclusively to provide workmen's compensation. (Sec. 954) Excepts an existing publicly traded partnership which chooses to be subjected to a specified additional tax from the general rule that a publicly traded partnership be treated as a corporation. (Sec. 955) Excludes certain sponsorship payments received by a tax-exempt organization from unrelated taxable income. (Sec. 956) Permits timeshare associations to be taxed under provisions provided for the taxation of other homeowners associations. (Sec. 957) Revises provisions concerning the advance refunding of certain Virgin Island bonds. (Sec. 958) Provides for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. (Sec. 959) Provides a reporting exception for transactions involving the sale or exchange of certain principal residences. (Sec. 960) Increases the business meals deduction for certain individuals subject to the hours of service limitations of the Department of Transportation. (Sec. 961) Excludes from the gross income of a lessee any amount received in cash by a lessee from a lessor: (1) under a short-term lease of retail space; and (2) for the purpose of such lessee's constructing or improving long-term real property for use in the lessee's business. (Sec. 962) Provides for the tax treatment of consolidations of life insurance departments of mutual savings banks. (Sec. 963) Provides for the collection, from Federal overpayments, of past-due State tax obligations. (Sec. 964) Revises provisions concerning: (1) rules for certain clean-fuel passenger vehicles; (2) tax benefits for law enforcement officers killed in the line of duty; and (3) the temporary suspension of the taxable income limit on percentage depletion for marginal income. Subtitle G: Extension of Duty-Free Treatment Under Generalized System of Preferences ; Tariff Treatment of Certain Equipment and Repair of Vessels - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through May 31, 1999. (Sec. 972) Amends the Tariff Act of 1930 to suspend for one year duties due with respect to the repair of certain vessels. Subtitle H: United States-Caribbean Basin Trade Partnership Act - Amends the Caribbean Basin Economic Recovery Act to provide additional trade benefits to Caribbean Basin Initiative countries, including temporary provisions designed to provide NAFTA parity to such countries. Title X: Revenues - Subtitle A: Financial Products - Provides that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. (Sec. 1002) Modifies the definition of an investment company for purposes of determining whether a gain or loss is recognized if property is transferred to a corporation by one or more persons solely in exchange for stock and immediately such person or persons controls such corporation. (Sec. 1004) Extends to all property (currently, only personal property) specified provisions concerning gains or losses from certain cancellations or other terminations of rights or obligations which are capital assets. (Sec. 1005) Set forth provisions concerning: (1) original issue discount where pooled debt obligations are subject to acceleration; and (2) the denial of interest deductions on certain debt instruments. Subtitle B: Corporate Organizations and Reorganizations - Revises provisions concerning a corporate shareholder's basis in stock being reduced by the nontaxed portion of extraordinary dividends received to provide that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain for the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. (Sec. 1012) Revises rules for: (1) distributions of stock and securities of a controlled corporation; (2) redemptions of stock through the use of related corporations; and (3) the holding period applicable to the dividends received deduction. Subtitle C: Other Corporate Provisions - Provides for the treatment of: (1) certain confidential arrangements as tax shelters requiring registration; and (2) certain preferred stock as boot. Subtitle D: Administrative Provisions - Sets forth provisions concerning: (1) the reporting of payments to attorneys; (2) the reporting of payments made by Federal agencies to corporations; (3) extending the Department of Veterans Affairs disclosure provision; (3) a continuous levy, levy exemptions, and levy disclosure; and (4) requiring consistent reporting of the return of a beneficiary's estate or trust return and the return of the estate or trust. Subtitle E: Excise and Tax Provisions - Extends, for ten years, the Airport and Airway Trust Fund taxes. (Sec. 1042) Provides for the taxation of kerosene at the diesel fuel rate. (Sec. 1043) Reduces incentives for alcohol fuel. (Sec. 1044) Restores, until October 1, 2002, the Leaking Underground Storage Tank Trust Fund excise tax. (Sec. 1045) Applies the three percent communications tax to long- distance prepaid telephone cards. Subtitle F: Provisions Relating to Tax-Exempt Entities - Modifies provisions concerning interest, annuities, royalties, and rents received by a tax-exempt organization from a subsidiary and the unrelated business income tax to define the term "control" of a subsidiary to mean ownership of more than 50 percent. (Sec. 1052) Provides, as a general rule, that in the case of a sale or exchange between a tax-exempt entity and a related person, the basis of the related person in the property acquired shall not exceed the adjusted basis of such property in the hands of the tax-exempt entity, increased by the gain recognized to the tax-exempt entity on the transfer which is subject to the unrelated business income tax. (Sec. 1054) Provides for the tax treatment of certain tax-exempt organizations which provide commercial-type insurance. Subtitle G: Other Revenue Provisions - Prohibits a family farm establishing a suspense account when required to use the accrual method of accounting. (Sec. 1062) Limits the net operating loss carryback period to two years and extends the net operating loss carryforward period to 20 years. (Sec. 1063) Prohibits, with respect to life insurance, a deduction for that portion of the taxpayer's interest expense which is allocable to unborrowed policy cash values, subject to exceptions. (Sec. 1064) Modifies basis allocation rules upon distribution of partnership property. (Sec. 1065) Eliminates the requirement that inventory must have substantially appreciated in value to cause ordinary income with respect to rules concerning sales and exchanges of partnership interests. (Sec. 1067) Places specified restrictions on claiming the earned income credit for taxpayers who had improperly claimed the credit in a prior year. (Sec. 1068) Permits the income forecast method of depreciation to be used only for film and video tape, copyrights, books, patents, and other property specified in regulations. (Sec. 1069) Repeals the rule concerning the rental use of vacation homes for less than 15 days per year. (Sec. 1070) Sets forth provisions which: (1) require that involuntarily converted property be replaced with property acquired from an unrelated person in certain cases; (2) repeal the exception permitting the use of the installment method of accounting for certain sales by manufacturers to dealers. Title XI: Simplification and Other Foreign-Related Provisions - Subtitle A: General Provisions - Provides that computer software licensed for reproduction abroad is not excluded from the definition of export property for purposes of the foreign sales corporation provisions. (Sec. 1102) Increases the limitation on the exclusion of foreign earned income. (Sec. 1103)Exempts from the foreign tax credit limitation certain individuals whose entire gross income from sources outside the United States consists of qualified passive income and whose amount of creditable foreign taxes paid does not exceed $300. (Sec. 1104) Revises the method of translating foreign income taxes into dollars by providing, in general, for the use of the average exchange rate for the taxable year. Subtitle B: Treatment of Controlled Foreign Corporations - Provides, with respect to controlled a foreign corporation, for: (1) the treatment of gain on certain stock sales by controlled foreign corporations as dividends; (2) regulations concerning basis adjustments of stock in controlled foreign corporation; and (3) extending the application of the indirect foreign tax credit to taxes paid by certain lower-tier controlled foreign corporations. Subtitle C: Treatment of Passive Foreign Investment Companies - Provides generally that certain U.S. shareholders of controlled foreign corporations will not be subject to passive foreign investment company inclusion. (Sec. 1122) Allows, as specified, a mark-to-market election by a shareholder of a passive foreign investment company. Subtitle D: Repeal of Excise Tax on Transfers to Foreign Entities - Repeals Chapter 5 (Tax on Transfers to Avoid Income Tax) of the IRC. Provides for the recognition of gain on certain transfers to foreign trusts and estates. Subtitle E: Information Reporting - Revises provisions concerning: (1) the return requirement for foreign partnership income; (2) information reporting for controlled foreign corporations; (3) returns as to interests in foreign partnerships; (4) notice of certain transfers to foreign corporations; (5) the statute of limitations applicable in the case of failure to notify the Secretary of certain transactions; and (6) increasing the filing threshold for returns as to organization or reorganization of foreign corporations and acquisitions of stock in such corporations. Subtitle F: Determination of Foreign or Domestic Status of partnerships - Revises the definition of "domestic" when applied to a corporation or partnership to permit the Secretary, by regulation, to provide an exception to such definition for a partnership when the partnership would more properly be treated as a foreign partnership under such regulations. Subtitle G: Other Simplification Provisions - Amends the Small Business Job Protection Act of 1996 to permit a trust in existence on August 20, 1996, and which was treated as a U.S. person on the day before enactment of such Act to elect to continue to be treated as a U.S. person notwithstanding the IRC definition of a U.S. person. (Sec. 1162) Eliminates the stock and securities safe harbor requirement that an entity's principal office be outside the United States. Subtitle H: Other Provisions - Treats as foreign personal holding company income: (1) income from notional principal contracts; and (2) payments in lieu of dividends. Provides, for dealers, for an exception from certain foreign personal holding company income provisions. (Sec. 1172) Provides, for purposes of like-kind exchanges, that personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind. (Sec. 1173) Establishes minimum holding periods for stock dividends in order to qualify for foreign tax credits. (Sec. 1174) Provides for penalties for the failure to disclose that certain international transportation income is not includible in gross income. (Sec. 1176) Prohibits the reduction of interest on underpayments by foreign tax credit carrybacks. (Sec. 1177) Sets forth provisions concerning the period of limitations on a claim for a credit or refund attributable to a foreign tax carryforward. Title XII: Simplification Provisions Relating to Individuals and Businesses - Subtitle A: Provisions Relating to Individuals - Increases the: (1) standard deduction for a taxpayer with respect to whom a dependency exemption is allowed on another taxpayer's return; (2) the alternative minimum tax exemption for minors under the age of 14; and (3) estimated de minimis tax threshold. (Sec. 1204) Revises the treatment of: (1) reimbursed expenses of rural mail carriers; (2) traveling expenses of certain Federal employees engaged in criminal investigations; and (3) the payment of taxes so as to permit payment by any commercially acceptable means (currently, only internal revenue stamps, checks, or money orders are accepted.). Subtitle B: Provisions Relating to Businesses Generally - Permits a taxpayer to elect not to apply the look-back method for a long-term contract for de minimis (below 10 percent of taxable income or loss) amounts. Subtitle C: Simplification Relating to Electing Large Partnerships - Establishes special rules for large partnerships (100 or more partners) which: (1) take into account separately a partner's distributive share of specified items for purposes of determining the income tax of a partner; (2) compute the taxable income of a large partnership in the same manner as in the case of an individual, subject to stated exceptions; and (3) provide for the treatment of partnerships holding oil and gas properties. (Sec. 1222) Creates an audit system for electing large partnerships which provides as a general rule that a partner of any electing large partnership shall, on the partner's return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. Sets forth provisions concerning partnership adjustments which generally will flow through to partners for the year in which the adjustment takes effect. (Sec. 1231) Authorizes the Secretary, with respect to an oversheltered return (a return which shows no taxable income and shows a net loss from partnership items), to send a notice of adjustment in specified situations. (Sec. 1232) Provides, on the basis of a decision of the Secretary, that the partnership return shall determine the audit procedures to be followed. (Sec. 1233) Sets forth provisions, with respect to partnerships, concerning: (1) the statute of limitations and untimely petition filing; (2) the exception for small partnerships (under the definition of partnership); (3) the period for assessing tax where a partner and the Secretary enter a settlement agreement but other partnership items remain in dispute; (4) the time for filing a request for administrative adjustment; (5) the innocent spouse defense in court proceedings; (6) partnership level penalties; (7) court jurisdiction; (8) premature petitions; (9) bonds in appeals from Tax Court decisions; and (10) closing the taxable partnership year with respect to a deceased partner. Subtitle D: Provisions Relating to Real Estate Investment Trusts - Modifies provisions relating to qualification as, and the taxation of, a real estate investment trust, including: (1) rules relating to ownership determination; (2) tenant service income and tenant ownership; (3) repeal of the 30 percent gross income requirement; (4) earnings and profit rules; (5) income from hedges; (6) excess noncash income; and (7) shared appreciation mortgages. Subtitle E: Provisions Relating to Regulated Investment Companies - Repeals, with respect to regulated investment companies, the 30 percent test. Subtitle F: Taxpayer Protections - Provides for the waiver of certain penalties if a failure is shown to be due to reasonable cause and not willful neglect. (Sec. 1282) Permits a taxpayer who was due a refund, but who initially failed to file a return and who received a deficiency notice during the third year after the return's due date, to obtain a refund. (Sec. 1283) Repeals the requirement of the Secretary to disclose, upon request, if a prospective juror has been audited. (Sec. 1284) Specifies, for purposes of the statute of limitations, that the term "return" means the taxpayer's return and not the return of any person form whom the taxpayer has received an item of income, gain, loss, deduction, or credit. (Sec. 1286) Establishes penalties for the unauthorized inspection of returns and return information. Title XIII: Simplification Provisions Relating to Estate and Gift Taxes - Provides that, under specified conditions, gifts to charities are not subject to gift tax filing requirements. (Sec. 1302) Waives the right of recovery with respect to qualified terminable interest property only to the extent that the language in the decedent's will specifically indicates. (Sec. 1303) Treats any trust created before enactment of the Revenue Reconciliation Act of 1990 as satisfying the withholding requirement if it requires all trustees to be U.S. citizens or corporations. (Sec. 1304) Sets forth provisions concerning, among other things: (1) disclaimers (2) the treatment for estate tax purposes of short- term obligations held by nonresident aliens; (3) treating certain revocable trusts as part of the estate; (4) distributions during the first 65 days of the taxable year of the estate; (5) application of the separate share rules to estates; (6) treatment of an estate and a beneficiary as related for purposes of disallowance of losses; (7) treatment of a qualified funeral trust; (8) adjustments for certain gifts within three years of a decedent's death; and (9) the authority to waive the requirement that a qualified domestic trust have a U.S. trustee. Title XIV: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters - Subtitle A: Excise Tax Simplification - Increases the de minimis limit for aftermarket alterations for heavy trucks and luxury cars. (Sec. 1411) Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. (Sec. 1412) Permits records of exportation to be maintained by the exporter for purposes of cancelling or crediting bonds furnished when distilled spirits are removed from bonded premises. (Sec. 1413) Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. (Sec. 1414) Allows beer to be transferred without payment of tax to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. (Sec. 1415) Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. (Sec. 1416) Repeals the requirement that wine returned to bonded premises be unmerchantable in order for the tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. (Sec. 1417) Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. (Sec. 1418) Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. (Sec. 1419) Allows beer to be removed from a brewery without payment of tax for purposes of destruction. (Sec. 1420) Permits a domestic exporter to recover the tax paid on the exported beer with specified proof. (Sec. 1421) Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. (Sec. 1431) Expands the authority of the Secretary to waive the excise tax registration requirement. (Sec. 1432) Repeals certain provisions concerning the: (1) tax on heavy trucks and trailers sold at retail; (2) tax on the removal of hard minerals from the deep seabed; and (3) excise tax on the sale or use by a manufacturer or importer of certain ozone depleting chemicals. Subtitle B: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. (Sec. 1442) Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception, if the spending requirements of that exception are otherwise satisfied. (Sec. 1443) Repeals: (1) the debt service-based limitation on investment in certain nonpurpose investments; and (2) certain expired provisions. Subtitle C: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. (Sec. 1452) Provides for a taxpayer to file a motion, rather than a petition, to seek, in the Tax Court, a redemption of interest. (Sec. 1453) Applies to estates and trusts the net worth limitations currently applicable to individuals. (Sec. 1454) Permits the Tax Court to have jurisdiction over certain employment status disputes. Subtitle D: Other Provisions - Extends the due date of the first quarter estimated tax payment of a private foundation. (Sec. 1462) Permits any Commonwealth to enter into an agreement with the Secretary providing for income tax withholding. (Sec. 1463) Revises provisions concerning the notice to a large corporation of a tax underpayment. Title XV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation - Sets forth, with respect to sections of the Small Business Job Protection Act of 1996 which amend the IRC, provisions concerning, among other things: (1) informational returns for those engaged in selling fish; (2) the definition of an electing small business trust; (3) the treatment of a wholly owned S corporation subsidiary; (4) SIMPLE retirement plans; and (5) the treatment of an employee participating in an Indian tribal government annuity. (Sec. 1502) Sets forth, with respect to sections of the Health Insurance Portability and Accountability Act of 1996 which amend the IRC, provisions concerning, among other things: (1) the tax on nonmedical withdrawals from a medical savings account; (2) the definition of a chronically ill individual for purposes of a long-term care insurance contract; (3) deductions for the health insurance costs of self-employed individuals; (4) reporting requirements concerning long-term care contracts; (5) consumer protection provisions for long- term care insurance contracts; and (6) rules concerning expatriation to avoid tax. (Sec. 1503) Sets forth, with respect to sections of the Taxpayer Bill of Rights Act 2 which amend the IRC, provisions concerning, among other things: (1) abatement of first-tier taxes in certain cases; and (2) returns of exempt organizations. (Sec. 1504) Sets forth other provisions which amend the IRC which are related to the: (1) Energy Policy Act of 1992; (2) Uruguay Round Agreements Act; (3) Omnibus Budget Reconciliation Act of 1993; (4) Tax Reform Act of 1986; and (5) Tax Reform Act of 1984.

Balanced Budget Act of 1997

United States · United States Congress · 24 June 1997

TABLE OF CONTENTS: Title I: Committee On Agriculture Title II: Committee On Banking and Financial Services Title III: Committee On Commerce-Nonmedicare Subtitle A: Nuclear Regulatory Commission Annual Charges Subtitle B: Lease of Excess Strategic Petroleum Reserve Capacity Subtitle C: Sale of DOE Assets Subtitle D: Communications Subtitle E: Medicaid Title IV: Committee On Commerce-Medicare Subtitle A: MedicarePlus Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions Subtitle E: Prospective Payment Systems Title V: Committee On Education and the Workforce Subtitle A: TANF Block Grant Subtitle B: Higher Education Programs Subtitle C: Repeal of Smith-Hughes Vocational Education Act Subtitle D: Expansion of Portability and Health Insurance Coverage Title VI: Committee On Government Reform and Oversight Subtitle A: Postal Service Subtitle B: Civil Service Title VII: Committee On Transportation and Infrastructure Title VIII: Committee On Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Other Matters Title IX: Committee On Ways and Means-Nonmedicare Subtitle A: TANF Block Grant Subtitle B: Supplemental Security Income Subtitle C: Child Support Enforcement Subtitle D: Restricting Welfare and Public Benefits for Aliens Subtitle E: Unemployment Compensation Subtitle F: Increase in Public Debt Limit Title X: Committee On Ways and Means-Medicare Subtitle A: MedicarePlus Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions Subtitle E: Prospective Payment Systems Subtitle F: Provisions Relating to Part A Subtitle G: Provisions Relating to Part B Only Subtitle H: Provisions Relating to Parts A and B Balanced Budget Act of 1997 - Title I: Committee on Agriculture - Amends the Food Stamp Act to permit State agencies to provide a specified exemption from the food stamp program (program) work requirement for certain individuals. (Sec. 1002) Obligates specified additional funds for program employment and training programs. Sets forth State allocation and additional payment provisions. (Sec. 1003) Authorizes the use of nongovernmental personnel to make program eligibility determinations. Title II: Committee on Banking and Financial Services - Amends the Balanced Budget Downpayment Act, I to extend permanently certain foreclosure avoidance and borrower assistance provisions under the single family housing mortgage insurance program. (Sec. 2003) Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance program to make certain maximum monthly rent adjustment provisions for certain new and rehabilitated and nonturnover units applicable to FY 1999 and thereafter. Title III: Committee on Commerce--Nonmedicare - Subtitle A: Nuclear Regulatory Commission Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from FY 1998 through FY 2002 the authority of the Nuclear Regulatory Commission to assess and collect user fees and annual charges from licensees. Subtitle B: Lease of Excess Strategic Petroleum Reserve Capacity - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to use underutilized Strategic Petroleum Reserve (SPR) facilities to store petroleum product owned by a foreign government. Provides that: (1) such products may be exported without a Federal license; and (2) all attendant agreements shall provide for fees to fully compensate Federal storage and removal costs, including the cost of replacement facilities necessitated as a result of any withdrawals. (Sec. 3101) Instructs the Secretary of Energy (the Secretary) to ensure that such storage agreements do not affect: (1) Federal ability to withdraw, distribute, or sell SPR petroleum in response to an energy emergency; or (2) Federal obligations under the Agreement on an International Energy Program. Makes funds resulting from the leasing of SPR facilities after October 1, 2002, available to the Secretary without further appropriation for petroleum purchases, and for SPR operation and maintenance costs. Subtitle C: Sale of DOE Assets - Instructs the Secretary to sell, during the period FY 1999 through FY 2002, natural and low- enriched uranium that the President has determined is not necessary for national security needs. Prescribes sales terms. Subtitle D: Communications - Amends the Communications Act of 1934 (the Act) to make competitive bidding authority with respect to licenses or construction permits involving exclusive uses of the electromagnetic spectrum inapplicable to such licenses and permits issued by the Federal Communications Commission (FCC) that are: (1) not mutually exclusive; (2) for public safety radio services; (3) for initial licenses or permits assigned to existing terrestrial broadcast licensees for new terrestrial digital television (TV) services; or (4) for public telecommunications services when the application is for channels reserved for noncommercial use. Requires the FCC to provide for the design and conduct of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations of licenses in a single bid and to enter multiple alternative bids within a single bidding round. Eliminates a requirement for the retention of proceeds from competitive bidding by the FCC's salaries and expenses account. Extends competitive bidding authority through FY 2002. Terminates the FCC's authority to provide preferential treatment in licensing procedures to persons who make significant contributions to the development of a new service or new technology that enhances an existing service on this Act's enactment date (currently, such authority expires on September 30, 1998). Eliminates provisions authorizing random selection in granting spectrum licenses or permits. Directs the FCC, by the end of FY 2002, to permit the assignment by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span at least 25 megahertz (mhz.) unless a combination of smaller bands can be expected to produce greater receipts; (2) in the aggregate span at least 100 mhz.; (3) are located below three gigahertz (ghz.); (4) have not been designated for assignment, identified by the Secretary of Commerce as reallocable frequencies, or allocated for Federal Government use or other specified unlicensed use; and (5) include frequencies at 1,710-1,755 mhz. Requires the FCC to notify the Secretary if it is unable to provide for effective relocation of incumbent licensees to available bands of frequencies and has identified bands suitable for relocation that are allocated for Federal use but could be reallocated pursuant to the National Telecommunications and Information Administration Organization Act. Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary to report to the President, the FCC, and the Congress on recommendations for reallocating frequencies allocated for Federal use under the Communications Act of 1934 to such incumbent licensees. Requires the Secretary to recommend for reallocation for use other than by Federal stations bands of frequencies that: (1) in the aggregate span at least 20 mhz.; (2) individually span at least 20 mhz. unless a combination of smaller bands can be expected to produce greater receipts; and (3) are located below three ghz. Directs the FCC to establish competitive bidding procedures designed to secure winning bids of at least two-thirds of $7.5 billion with respect to bidding for frequencies under this section. (Sec. 3302) Amends the Act to prohibit, under competitive bidding provisions, the renewal of a license authorizing analog TV service beyond the end of 2006. Extends such date if more than five percent of households in a market continue to rely exclusively on over-the-air terrestrial analog TV signals. Requires competitive bidding procedures to be designed to secure winning bids of at least two-thirds of $4 billion in the case of bidding for spectrum of expired analog TV licenses. Prohibits the FCC, in prescribing regulations relating to qualifications of bidders for such spectrum, from: (1) precluding any party from being a qualified bidder for spectrum allocated for any use that includes digital TV service on the basis of the FCC's duopoly rule or newspaper cross-ownership rule; or (2) applying either rule to preclude a successful bidder from using such spectrum for digital TV service. (Sec. 3303) Directs the FCC, no later than January 1, 1998, to allocate on a national, regional, or market basis, from radio spectrum between 746 and 806 mhz.: (1) 24 mhz. for public safety services unless the FCC determines that needs can be met in particular areas with fewer mhz.; and (2) the remainder for commercial purposes to be assigned by competitive bidding. Sets deadlines for the assignment of such licenses and for the commencement of competitive bidding. Requires competitive bidding procedures to be designed to secure winning bids of at least two-thirds of $1.9 billion in the case of bidding under this section. Provides that nothing shall preclude the FCC from assigning frequencies described in this Act by competitive bidding at a later date than required if such delay will better attain the objectives of recovering a fair portion of the value of the public spectrum for the public and avoiding unjust enrichment. Requires the FCC to assure that qualifying low-power TV stations are assigned a frequency below 746 mhz. to permit continued operation. (Sec. 3304) Directs the FCC, by July 1, 1997, to initiate a public inquiry required by the Act regarding competitive bidding systems. Subtitle E: Medicaid - Chapter 1: Flexibility - Amends title XIX (Medicaid) of the Social Security Act (SSA) to authorize States to provide Medicaid benefits (except to special needs children) through managed care entities. (Sec. 3402) Eliminates the (75-25) requirement under SSA title XVIII (Medicare) and title XIX that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of a participating health maintenance organization (HMO). (Sec. 3403) Grants States the option of providing Medicaid coverage of primary care case management services without the need for a waiver. (Sec. 3404) Increases from $100,000 to $1 million, indexed annually, the threshold amount for contracts requiring prior approval of the Secretary of Health and Human Services. (Sec. 3405) Requires a Medicaid health plan to cover the length of an inpatient hospital stay as determined medically appropriate by the attending physician (or other attending health care provider as permitted by State law) in consultation with the patient. (Sec. 3411) Repeals "Boren Amendment" provider reimbursement requirements. Requires States to establish a public administrative process for determination of payment rates through publication of proposed rates and a reasonable opportunity for providers, beneficiaries, and other concerned State residents to review and comment. (Sec. 3412) Specifies reductions from 100 percent to 85 percent between FY 1999 through FY 2003 in the percentage of reasonable costs that shall be paid under a State plan for Federally-qualified health center and rural health clinic services (with a special supplemental payment for services furnished under certain managed care contracts). Requires the Comptroller General to report on the impact of such reductions on access to health care for Medicaid beneficiaries and the uninsured served at health centers and rural health clinics, and the ability of such centers and clinics to become integrated in a managed care system. (Sec. 3413) Revises the treatment as broad-based health care related taxes of certain State hospital taxes which currently are not subtracted as revenues from the State share of Medicaid expenditures for purposes of calculating the Federal share of such expenditures. Declares that an exemption from such State hospital tax for certain Federal-tax-exempt hospitals that do not accept Medicaid or Medicare payments (provide free care) shall not disqualify the hospital tax as a broad-based health care related tax (thus allowing continued exclusion of such State hospital tax from the requirement that provider-specific taxes be subtracted from the State share of Medicaid expenditures for purposes of Federal share calculation). (Sec. 3421) Grants States the option to provide for 12-month continuous Medicaid eligibility for children. (Sec. 3422) Requires State Medicaid plan coverage of the Medicare cost-sharing for certain additional low-income Medicare beneficiaries whose income otherwise disqualifies them for specified Medicare benefits. (Sec. 3423) Prescribes criminal penalties for knowingly and willfully, for a fee, counseling or assisting an individual to dispose of assets (including a transfer in trust) in order for that individual to become Medicaid-eligible (fraudulent eligibility). (Sec. 3424) Declares that certain payments in a class settlement of specified cases shall not be considered income or resources in determining Medicaid eligibility. (Sec. 3431) Amends SSA title XVIII to provide for programs of all- inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. States that such individuals need not be eligible for Medicare part A benefits, or enrolled under Medicare part B. Specifies eligibility and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 3432) Details provisions for the coverage of PACE programs under the Medicare program. (Sec. 3434) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities with the costs, quality, and access to services of other PACE providers. (Sec. 3441) Changes from mandatory to discretionary a State's authority to enroll individuals under private group health plans, and pay their premiums. (Sec. 3442) Permits the same co-payments in HMO's as in fee-for- service plans. (Sec. 3443) Repeals: (1) certain physician qualification requirements with respect to services to pregnant women and to children under age 21; and (2) the requirement of prior institutionalization with respect to habilitation services furnished under a waiver for home or community-based services. (Sec. 3445) Provides for benefits for services of physician assistants. (Sec. 3446) Directs the Secretary to provide for a study, and report to the Congress, on the actuarial value of the provision of early and periodic screening, diagnostic, and treatment services under the Medicaid program. (Sec. 3451) Repeals requirements for inspections of the care being provided at mental hospitals and intermediate care facilities for the mentally retarded (ICFS-MR). (Sec. 3452) Authorizes a State, in lieu of terminating a noncompliant ICFS-MR, to establish alternative remedies if the State demonstrates to the Secretary's satisfaction that such alternative remedies are effective in deterring noncompliance and correcting deficiencies. (Sec. 3453) Revises requirements for mechanized claims processing and information retrieval systems. (Sec. 3454) Repeals the requirement for State refund to the Federal Government of any payments received during remediation of a noncompliant nursing facility. (Sec. 3455) Includes the DRUGDEX Information System among the compendia to be used in drug use review for Medicaid payment. (Sec. 3456) Applies certain requirements to the extension of statewide comprehensive research and demonstration projects for which waivers of Medicaid compliance have been granted. (Sec. 3457) Declares that no provision of law shall be construed as preventing any State from allowing determinations of Medicaid eligibility by an entity that is not a State or local government, or by an individual who is not an employee of a State or local government, meeting such qualifications as the State determines. (Sec. 3458) Amends the Omnibus Budget Reconciliation Act of 1989 to extend the moratorium on the treatment of Michigan's Kent Community Hospital Complex and Saginaw Community Hospital as institutions for mental diseases for purposes of Medicaid reimbursement. Chapter 2: Quality Assurance - Amends SSA title XIX to require any State contracting with Medicaid managed care organizations to develop and implement a quality assessment and improvement strategy incorporating certain access standards, monitoring procedures, and other measures. Waives Medicaid HMO requirements for: (1) HMO's with Medicare or MedicarePlus contracts; and (2) HMO's accredited by certain private, nonprofit accrediting organizations. Requires HMO and primary care case management contracts to provide for: (1) submission of care monitoring information to the State agency; (2) maintenance of an internal quality assurance program meeting the Secretary's standards; and (3) effective procedures for resolving grievances between the HMO or primary care case management contractor and enrollees. (Sec. 3462) Requires an HMO to meet solvency standards established by the State for private HMO's, or be State-licensed or -certified as a risk-bearing entity. (Sec. 3463) Provides for: (1) application of the prudent layperson standard for emergency medical condition determinations; (2) prohibition of "gag rule" restrictions against informing patients about their health status or medical care or treatment if the covered health care professional is acting within the lawful scope of practice; (3) various additional specified fraud and abuse protections in managed care; (4) grievances under Medicaid managed care plans; and (5) standards relating to access to obstetrical and gynecological services under Medicaid managed care plans. Chapter 3: Federal Payments - Amends SSA title XIX to require direct State Medicaid payment to disproportionate share hospitals (DSH's) for managed care enrollees. Sets at the FY 1995 level, with specified incremental reductions for high DSH States and other States, the annual DSH allotment through FY 2002. (Sec. 3472) Specifies additional funding for State emergency health services furnished to undocumented aliens. Subtitle F: Child Health Assistance Program (CHAP) - Child Health Assistance Program Act of 1997 - Amends SSA to add a new title XXI (Child Health Assistance Program) (CHAP) in order to provide funds to States to expand the provision of child health care assistance to uninsured, low-income children. Requires a State to submit for the Secretary's approval a child health plan for the use of funds, containing strategic objectives, performance goals, and performance measures. Specifies the benefits to be covered. Allows the use of funds for abortion only if the pregnancy results from rape or incest or if the woman suffers from a physical disorder, illness, or injury that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 3503) Amends SSA title XIX to provide for an increased Medicaid Federal medical assistance percentage (FMAP) for expanded coverage of targeted low-income children. (Sec. 3504) Authorizes an approved State plan to make Medicaid available to a low-income child during a specified presumptive eligibility period after determination that family income does not exceed a certain level. Title IV: Committee on Commerce - Medicare - Subtitle A: MedicarePlus Program - Chapter 1: MedicarePlus Program - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a MedicarePlus program under which each MedicarePlus eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the Medicare fee-for-service program or through a MedicarePlus plan. (Sec. 4001) Outlines the types of MedicarePlus plans that may be available, including: (1) coordinated care plans; (2) plans offered by provider-sponsored organizations; and (3) a combination of MSA (MedicarePlus savings account) plan and contributions to MedicarePlus MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to provide for broad dissemination of coverage option and comparison information to Medicare beneficiaries and prospective Medicare beneficiaries. Directs the Secretary to maintain a toll-free number for inquiries about MedicarePlus options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires MedicarePlus organizations to generally accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of MedicarePlus marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each MedicarePlus plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well, at its option, as certain supplemental benefits subject to the Secretary's approval. Prohibits a MedicarePlus organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Provides for the treatment of services furnished by providers that do not have a contract establishing payment amounts for services furnished to an individual enrolled with a MedicarePlus organization. Requires each MedicarePlus organization to provide the Secretary with information on the extent to which it provides inpatient and outpatient hospital benefits through the use of disproportionate share (DSH) and teaching hospitals. Allows a MedicarePlus organization offering a network plan to enrollees also to offer another plan covering items and services furnished by out-of- network providers. Directs the Secretary to make monthly, advance payments with respect to an individual's coverage to MedicarePlus organizations according to a specified formula. Requires the Secretary to establish separate payment rates for individuals with end-stage renal disease. Directs the Secretary to develop and submit to the Congress a report on a method of risk adjustment of payment rates that accounts for variations in per capita costs based on health status. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a MedicarePlus MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Details rules for the submission and charging of premiums by each MedicarePlus organization. Sets limitations on enrollee cost-sharing for basic, additional, and supplemental benefits, except for MSA plans. Requires the Secretary to audit each year the financial records of at least one-third of the MedicarePlus organizations offering MedicarePlus plans. Prohibits a State from imposing a premium tax or similar tax with respect to payments on MedicarePlus plans or the offering of such plans. Sets out organizational and financial requirements for MedicarePlus organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for MedicarePlus organizations. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and MedicarePlus organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. Directs the Secretary to: (1) study and report to the Congress on the feasibility and impact of removing a certain limitation added by this Act on the eligibility of most individuals medically determined to have end-stage renal disease to enroll in MedicarePlus plans; and (2) report to the Congress on graduate medical education programs operated by MedicarePlus organizations and the extent to which such organizations are providing for payments to DSH and teaching hospitals. (Sec. 4002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 4006) Amends the Internal Revenue Code to outline special rules for MedicarePlus MSA's. Excludes from gross income any payment by the Secretary to an individual's MedicarePlus MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the MedicarePlus MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. (Sec. 4008) Requires each contract with a MedicarePlus organization and each risk-sharing contract with an eligible organization to provide for an additional payment for Medicare's share of allowable direct graduate medical education (GME) costs incurred by such an organization for an approved medical residency program. Directs the Secretary to provide for specified additional payment amounts, subject to certain annual limits, for each Medicare- dependent, small rural hospital, each PPS-exempt hospital, and each hospital reimbursed under an authorized reimbursement system that has an approved medical residency training program and furnishes services to individuals who are enrolled under a risk-sharing contract with an eligible organization and are entitled to Medicare part A. (Sec. 4009) Directs the Secretary to provide for specified additional payment amounts, subject to certain annual limits, for each Medicare-dependent, small rural hospital and each hospital reimbursed under an authorized reimbursement system that: (1) furnishes services to individuals enrolled under a risk-sharing contract with an eligible organization and entitled to Medicare part A, and to individuals who are enrolled with a MedicarePlus organization; and (2) is, or if it were not reimbursed would qualify as, a DSH. Chapter 2: Integrated Long-Term Care Programs - Amends the Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project; and the Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the MedicarePlus program. (Sec. 4018) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Secretary to extend the municipal health service demonstration projects but only with respect to individuals enrolled with such projects before January 1, 1998. Requires the Secretary to work with each such demonstration project to develop a plan (to be submitted to certain congressional committees) for the orderly transition of demonstration projects and project enrollees to a non-demonstration project health care delivery system. Provides that a demonstration project which does not develop and submit such a transition plan by a certain deadline shall be discontinued as of December 31, 1998. (Sec. 4019) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Medicare Payment Advisory Commission - Amends SSA title XVIII to establish the Medicare Payment Advisory Commission (MPAC) to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 4031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is 65 years of age or older with a certain minimum period of creditable coverage. (Sec. 4032) Directs the Secretary to implement a project to demonstrate the application of, and the consequences of applying, a market-oriented pricing system for the provision of a full range of Medicare benefits in a geographic area. Requires the Secretary to appoint: (1) a national advisory committee to make recommendations concerning the appropriate research design for the project and, taking such recommendations into account, designate the areas in which the project will operate; and (2) an area advisory committee to advise the Secretary on actual project implementation in the area. Directs the Secretary to monitor and report periodically to the Congress on the impact of such projects on the price and quality of, and access to, Medicare covered services, and other relevant factors. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of the deductible for screening mammography; (2) screening pelvic exams, providing for their payment under the physician fee schedule; (3) prostate cancer screening tests, providing for payment of the prostate-specific antigen (PSA) blood test under the clinical diagnostic laboratory test fee schedules; (4) colorectal cancer screening tests, subject to prescribed frequency and payment limits, which will include a screening barium enema if found by the Secretary to be an appropriate alternative to certain other tests; (5) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals for the purpose of identifying bone mass or detecting bone loss or determining bone quality. (Sec. 4102) Makes certain changes in existing benefits, such as increasing the frequency of coverage of screening pap smears for high risk women and waiving the deductible that applies to such exams. Requires the Secretary to report to the Congress on: (1) the extent to which the use of certain supplemental computer-assisted diagnostic tests in conjunction with pap smears improves the early detection of cervical or vaginal cancer; and (2) the costs implications for coverage of such supplemental tests under Medicare. (Sec. 4105) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of the health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. (Sec. 4107) Extends the Influenza and Pneumococcal Vaccination Campaign carried out by the Health Care Financing Administration (HCFA) in conjunction with the Centers for Disease Control and Prevention and the National Coalition for Adult Immunization. Authorizes appropriations. (Sec. 4108) Directs the Secretary to request the National Academy of Sciences in conjunction with the United States Preventive Services Task Force to and report to the Congress on the expansion or modification of preventive benefits provided to Medicare beneficiaries. Provides funding. Subtitle C: Rural Initiatives - Directs the Secretary to provide for a four-year demonstration project to use eligible health care provider telemedicine networks to apply high-capacity computing and advanced networks to improve primary care and prevent health care complications to Medicare beneficiaries with diabetes mellitus residing in medically underserved rural or inner-city areas. Provides funding. Subtitle D: Anti-Fraud and Abuse Provisions - Revises requirements for mandatory exclusion of certain individuals and entities from participating in Medicare and State health programs. Mandates an ten-year exclusion of any individual for a second health care related conviction, and permanent exclusion for a third health care related conviction. (Sec. 4302) Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 4303) Requires the annual explanation of Medicare benefits provided to Medicare beneficiaries to include a toll-free telephone number to report Medicare waste, fraud, and abuse. (Sec. 4304) Makes Medicare carriers and fiscal intermediaries liable for reimbursing the Secretary for amounts paid to excluded providers. Makes State agencies liable for reimbursing the Secretary for amounts paid to excluded providers under the Medicaid program. (Sec. 4305) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 4306) Provides for the imposition of civil monetary penalties for any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program. (Sec. 4307) Outlines various specified requirements regarding disclosure of information, surety bonds, and advisory opinions regarding certain physician self-referral provisions. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORF's) and to rehabilitation agencies. (Sec. 4308) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to the Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 4309) Amends SSA title XVIII to direct the Secretary to issue written, binding advisory opinions concerning whether a referral relating to designated health services (other than clinical laboratory services) is prohibited. (Sec. 4310) Provides for: (1) notification of the availability of home health agencies as part of the discharge planning process; and (2) maintenance and disclosure of certain information on post-hospital home health agencies. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns. Subtitle E: Prospective Payment Systems - Chapter 2 (sic): Payment Under Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 4412) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 4413) Directs the Secretary to establish a prospective payment system (PPS) for hospital outpatient department services. (Sec. 4421) Establishes payment rates for outpatient therapy services, with certain co-payments imposed for services furnished after 1998. (Sec. 4422) Provides for: (1) payment of CORF services based on fee schedule amounts; and (2) certain interim reductions in payments for ambulance services. Directs the Secretary to establish a prospective fee schedule for payment of such services. (Sec. 4431) Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. (Sec. 4432) Sets out the framework for demonstration projects for coverage of ambulance services under Medicare through contracts with counties or parishes. Chapter 3: Payment Under Parts A and B - Directs the Secretary to establish a PPS for home health services. Subtitle G (sic): Provisions Relating to Part B Only - Chapter 1: Physicians' Services - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; and (5) phasing-in implementation of resource-based physician practice expense relative value units. (Sec. 4606) Directs the Secretary, for 1999 and 2001, to determine for each hospital: (1) the hospital-specific per discharge relative value according to prescribed guidelines (with a special rule for teaching hospitals); and (2) whether the hospital-specific relative value is projected to be excessive. Requires the Secretary to notify the medical executive committee of each hospital identified as having an excessive hospital-specific relative value of the determinations made with respect to the medical staff. (Sec. 4607) Provides that no x-ray is required for chiropractic services. Directs the Secretary to develop and implement utilization guidelines relating to the coverage of chiropractic services under Medicare part B in cases in which a subluxation has not been demonstrated by x-ray to exist. (Sec. 4608) Provides that effective for electrocardiogram tests performed during 1998, the Secretary shall restore separate payment under Medicare part B for the transportation of electrocardiogram equipment (HCPCS code R0076) based upon the status code and relative value units established for such service as of December 31, 1996. Requires the Comptroller General to report to the Congress on the appropriateness of continuing such payment. Chapter 2: Other Payment Provisions - Provides for a reduction in DME payment amounts and for a payment freeze for parenteral and enteral nutrients, supplies, and equipment. Revises payment rates for oxygen and oxygen equipment, clinical diagnostic laboratory tests, ambulatory surgical services, and drugs and biologicals. (Sec. 4614) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory tests. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 4617) Provides for Medicare coverage of oral drugs prescribed for use as an acute anti-emetic used as part of an anticancer chemotherapeutic regimen under certain conditions. Sets forth special rules for the payment of such drugs. (Sec. 4618) Revises certain requirements with regard to rural health clinic services, including per-visit payment limits for provider-based clinics, assurance of quality services, and certain staffing and shortage area requirements. (Sec. 4619) Provides for increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. Repeals certain restrictions on settings applicable to them. (Sec. 4621) Directs the Secretary to: (1) audit a sample of cost reports of renal dialysis providers for 1995 and for each third year thereafter; and (2) develop and implement a method to measure and report quality of renal dialysis services provider under Medicare in order to reduce payments for inappropriate or low quality care. (Sec. 4622) Provides for payment for cochlear implants as customized DME. Chapter 3: Part B Premium - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Provisions Relating to Medicare Secondary Payer - Revises requirements for Medicare as secondary payer. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Limits beneficiary liability for items and services for which Medicare benefits are incorrectly paid. Chapter 2: Home Health Services - Prohibits the Secretary, in establishing payment limits for cost reporting periods beginning after September 30, 1997, from taking into account any changes in the home health market basket with respect to cost reporting periods beginning on or after July 1, 1994, and before July 1, 1996. (Sec. 4712) Revises requirements for interim payments for home health services. Directs the Secretary to: (1) expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service; and (2) study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 4715) Bases the payment for home health services on the location where the service is furnished. (Sec. 4716) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 4717) Provides that no home health benefits are based solely on drawing blood. (Sec. 4718) Makes Medicare part B the primary payer for certain home health services for an individual entitled to benefits under Medicare part A. Provides for Medicare coverage of post-hospital home health services. Revises requirements for Medicare part B payments with respect to home health services. Provides for the phase-in of additional part B costs in determination of Medicare part B monthly premiums. Directs the Secretary to: (1) report to specified congressional committees on the impact on home health utilization and admissions to hospitals and skilled nursing facilities of Medicare coverage of post- hospital home health services; and (2) further reexamine and report to such committees on this impact one year after the full implementation of the Medicare PPS for home health services. Chapter 3: Baby Boom Generation Medicare Commission - Establishes the Bipartisan Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately during 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve the Medicare program for the period during which such individuals are eligible for Medicare. (Sec. 4721) Directs the Commission to report to the Congress its findings and recommendations regarding how to protect and preserve the Medicare program in a financially solvent manner until 2030 (or, if later, throughout the period of projected solvency of the Federal Old- Age and Survivors Insurance Trust Fund). Requires the report to include detailed recommendations for appropriate legislative initiatives on how to accomplish this objective. Authorizes appropriations. Chapter 4: Provisions Relating to Direct Graduate Medical Education - Sets out provisions relating to direct graduate medical education, including: (1) placing a limitation on the number of residents for cost reporting periods beginning after FY 1998; (2) phasing-in a limitation on hospital overhead and supervisory physician component of direct medical education costs; (3) permitting payment to non-hospital providers; and (4) providing incentive payments under plans for voluntary reduction in the number of residents. (Sec. 4735) Directs the Secretary to establish a demonstration project under which the Secretary shall make payments to specified qualifying consortia instead of teaching hospitals. (Sec. 4736) Requires the Medicare Payment Advisory Commission to examine and develop recommendations for the Congress on whether and to what extent Medicare payment policies and other Federal policies regarding teaching hospitals and graduate medical education should be reformed. (Sec. 4737) Provides a special Medicare reimbursement rule for certain combined residency programs. Chapter 5: Other Provisions - Amends SSA title XVIII to direct the Secretary to use a competitive process to contract with specific hospitals or other entities meeting certain quality standards (centers for excellence) for furnishing services related to surgical procedures as well as other services (unrelated to surgical procedures) to hospital inpatients. (Sec. 4742) Establishes a Medicare part B and Medigap special enrollment period for certain military retirees and dependents during which they may enroll without being subject to a Medicare part B late enrollment penalty. (Sec. 4743) Directs the Secretary to establish and operate a two- year demonstration project in two geographic regions under which the Medicare payment for a selected item or service furnished in the region shall be equal to the price determined pursuant to a certain competitive bidding process meeting specified requirements. Subtitle I: Medical Liability Reform - Chapter 1: General Provisions - Sets forth definitions, limitations, preemption mandates, and specified exclusions relating to health care liability actions brought in any State or Federal court. Chapter 2: Uniform Standards for Health Care Liability Actions - Establishes certain uniform standards for such health care liability actions that include: (1) a general statute of limitations of two years after the date on which the claimant discovered or should have discovered the harm that is the subject of the action; (2) a $250,000 limitation on noneconomic damages; and (3) standards for the awarding of punitive damages (clear and convincing evidence of conscious, flagrant indifference to the rights and safety of others). (Sec. 4813) Declares that any alternative dispute resolution system (ADR) used to resolve a health care liability action or claim shall contain provisions relating to such statute of limitations, non- economic damages, punitive damages, and other specified matters which are identical to the relevant provisions of this subtitle. Title V: Committee on Education and the Workforce - Subtitle A: TANF Block Grant - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 5001) Sets forth requirements relating to State entitlement to non-competitive formula grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on the likelihood of successful long-term placement of individuals into the work force, for State-approved projects proposed by private industry councils or local governments. Prohibits private industry councils from directly providing services using such grant funds. Provides for such grants to territories and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to develop a plan to evaluate the use of such grants. (Sec. 5002) Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. (Sec. 5003) Exempts teen parents from the limitation on the number of persons who may be treated as engaged in work by reason of participation in a vocational education program. (Sec. 5004) Requires that participants in State welfare-to-work programs receive compensation at the same rates (in accordance with applicable law), including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills. Limits the number of hours per month that an assistance recipient may be required to be assigned to on-the-job-training, and to a work experience or community service position with a public agency or nonprofit organization. (Sec. 5005) Requires reduction of a State's welfare-to-work grant if a State fails to reduce assistance for recipients refusing work without good cause. Subtitle B: Higher Education Programs - Amends the Higher Education Act of 1965 (HEA) with respect to title IV student assistance programs. (Sec. 5101) Directs the Secretary of Education to recall for deposit in the Treasury a specified amount of the reserve funds of State and nonprofit private loan insurance programs held by guaranty agencies on September 1, 2002. Denies the Secretary any authority to direct a guaranty agency to return reserve funds before such date. Requires each guaranty agency, between FY 1998 and 2002, to transfer a certain portion of its required share of the projected recall amount into restricted accounts for investment in U.S. obligations or other similarly low-risk securities. (Sec. 5102) Repeals the requirement that the Secretary pay direct loan origination fees to institutions of higher education. (Sec. 5103) Sets funding levels through FY 2002 for mandatory administrative expenses for the student financial aid programs. Reduces the previously authorized level of appropriations for FY 1998 ($750 million), while authorizing increasing amounts for subsequent fiscal years until the level reaches $750 million for FY 2002. Prescribes a formula for the calculation of administrative cost allowances payable to guaranty agencies. (Sec. 5104) Revises requirements for the Secretary's equitable share of collections to: (1) include collections of payments made on behalf of a borrower, such as payments made to discharge loans to obtain a consolidation loan; and (2) specify the share on consolidated defaulted loans. (Sec. 5105) Extends the HEA title IV student assistance program through FY 2002. Subtitle C: Repeal of Smith-Hughes Vocational Education Act - Repeals the Smith-Hughes Vocational Education Act. Subtitle D: Expansion of Portability and Health Insurance Coverage - Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing association health plans, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals, and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. (Sec. 5303) Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. (Sec. 5305) Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) cooperation between Federal and State authorities, and State responsibilities. Title VI: Committee on Government Reform and Oversight - Subtitle A: Postal Service - Repeals provisions authorizing transitional appropriations to the Postal Service. Provides that liabilities of the former Post Office Department to the Employees' Compensation Fund for which appropriations were authorized under such provisions shall remain liabilities payable by the Postal Service. Prohibits payments from being made to the Postal Service Fund pursuant to such provisions for FY 1998. Requires the amount of any such payments that have been made for FY 1998 to be paid from such Fund into the Treasury as miscellaneous receipts before October 1, 1998. Subtitle B: Civil Service - Specifies increases in certain contributions to the Civil Service Retirement System and the Federal Employees Retirement System. (Sec. 6103) Modifies the formula under which the Government contribution for health benefits for a Federal employee or annuitant enrolled in the Federal Employees Health Benefits Program (FEHB) is determined. Title VII: Committee on Transportation and Infrastructure - Extends through FY 2002 the current higher vessel tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 7002) Directs the Administrator of General Services, no earlier than FY 2002, to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York (granting the right of first refusal to the State of New York and the City of New York); and (2) sell the air rights (currently owned by Amtrak) to the land adjacent to Union Station in Washington, D.C. Directs Amtrak to convey such air rights to the Administrator, for subsequent resale, as a condition of future Federal financial assistance. Title VIII: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1997 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002 the authority to require certain veterans to make copayments for the receipt of Department of Veterans Affairs health and medical care benefits. Extends through FY 2002: (1) the requirement that veterans pay $2 for each 30-day supply of medication furnished through the Department for the treatment of a non-service-connected disability or condition; and (2) the right of the United States to recover from a veteran the cost of Department care and services provided for certain non-service-connected disabilities. (Sec. 8013) Establishes in the Treasury the Department of Veterans Affairs Medical Care Collections Fund for receipt of amounts recovered or collected by the Department for the provision of certain reimbursable health care and services provided to veterans and their spouses and dependents. Specifies authorized Fund uses. Requires the Secretary to make certain certifications to the Secretary of the Treasury if amounts recovered in the Fund during FY 1998 through 2000 will be more than $25,000 less than the amount contained in the latest congressional baseline estimate for recovery in that fiscal year. Directs the Secretary to submit quarterly reports to the veterans' committees on the operation of such recovery provisions for such fiscal years and the first quarter of FY 2001. Terminates at the end of FY 1997 the Department of Veterans Affairs Medical-Care Cost Recovery Fund. Directs the Secretary to report to the veterans' committees on the implementation of this section. Extends through FY 2002: (1) the authority of the Secretary to obtain information under the Internal Revenue Code for veterans' income verification purposes; (2) a $90 monthly pension limitation for a Medicaid-covered veteran having neither spouse nor child and being furnished domiciliary or nursing home care by the Department; (3) the authority of the Secretary to charge a home loan fee under the veterans' home loan guaranty program; (4) the default procedures applicable to home liquidation sales under the program; and (5) the authority of the Secretary to issue and guarantee the principal and interest on certificates or other securities representing an interest in a pool of mortgage loans made to veterans and guaranteed by the Secretary. Increases the home loan fee rate charged for the purchase from the Department of repossessed homes (homes the loans for which were defaulted by veterans under the home loan guaranty program). Subtitle B: Other Matters - Provides for the rounding down to the next lower dollar of cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates for FY 1998 through 2002. Allows such adjustments to be no more than the percentage adjustment to social security increases for such year. (Sec. 8022) Revises the notification procedures under which the Secretary may waive all or part of the indebtedness owed by a veteran on account of any loan made to, or assumed or guaranteed by, the Department. Title IX: Committee on Ways and Means--NonMedicare - Subtitle A: TANF Block Grant - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 9001) Sets forth requirements relating to State entitlement to non-competitive grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on program effectiveness and other factors, for State-approved projects proposed by private industry councils and local governments. Requires the targeting of at least 65 percent of available funds for such grants to cities with the greatest number of persons with income below the poverty line. Prohibits private industry councils from directly providing services using such grant funds. Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. Provides for such grants to outlying areas and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a plan to evaluate the use of such grants; and (2) submit interim and final reports to the Congress. (Sec. 9002) Limits to not more than ten percent the portion of TANF block grant funds which a State may use to carry out State programs under SSA title XX block grants to State for social services. (Sec. 9003) Exempts teen parents from the limitation on the number of persons who may be treated as engaged in work by reason of participation in a vocational education program. Increases such limitation from 20 percent to 30 percent of the number of individuals in all families who may be so treated. (Sec. 9004) Limits the number of hours per month that a recipient of assistance may be required to be assigned to a work experience, on- the-job training, or community service position with a public agency or nonprofit organization. Applies Federal and State health and safety standards to the working conditions of participants. Requires the provision of workers' compensation to participants on the same basis as it is provided to other individuals in the State in similar employment. (Sec. 9005) Requires reduction of a State's welfare-to-work grant if the State fails to reduce assistance to recipients refusing work without good cause. Subtitle B: Supplemental Security Income - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to extend by six months the deadline for certain childhood disability redeterminations under SSA title XVI (Supplemental Security Income) (SSI). (Sec. 9102) Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. (Sec. 9103) Prescribes the schedule of administrative fees the Commissioner of Social Security shall assess each State from FY 1997 through 2003 and after for making optional and mandatory State SSI payments to individuals. Revises requirements for deposit of such fees, directing that a portion be credited to a special fund for FY 1998 and subsequent fiscal years for use in defraying expenses. Authorizes appropriations. Subtitle C: Child Support Enforcement - Amends SSA title III (Unemployment Insurance) with respect to the authority to permit certain redisclosures of wage and claim information for purposes related to the child support enforcement program under SSA title IV part D (Child Support and Establishment of Paternity). Subtitle D: Restricting Welfare and Public Benefits for Aliens - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the refugee and asylee eligibility period for Supplemental Security Income (SSI) and Medicaid. Provides a five-year food stamp eligibility period for such aliens. (Sec. 9302) Makes aliens eligible for SSI benefits who were receiving such benefits as of the date of enactment of such Act. Deems Cuban and Haitian entrants and Amerasian immigrants to be "qualified aliens." (Sec. 9303) Provides SSI eligibility for permanent resident aliens who are members of an Indian tribe. (Sec. 9304) Authorizes States to require applicants for State or local benefits to provide eligibility verification. (Sec. 9305) States that an alien who is ineligible for food stamps shall not be eligible for such program based upon SSI eligibility. Authorizes Medicaid eligibility based upon SSI eligibility. Subtitle E: Unemployment Compensation - Declares that no State law definition of a base period shall be considered as meeting the SSA title III (Unemployment Compensation Administration) requirement for a method of administration reasonably calculated to insure full payment of unemployment compensation when due. (Sec. 9402) Amends SSA title IX (Employment Security) to increase the Federal Unemployment Account ceiling. (Sec. 9403) Provides for a special distribution to States of year- end excesses from the Unemployment Trust Fund. (Sec. 9404) Restricts interest-free advances to State accounts in the Unemployment Trust Fund to States which meet or exceed funding goals. (Sec. 9405) Revises the Internal Revenue Code to exempt from the Federal unemployment tax any election officials or election workers whose total annual remuneration for their services is under $1,000. (Sec. 9406) Excludes any service performed by a prison inmate from the definition of employment for unemployment compensation purposes. (Sec. 9407) Exempts from the Federal unemployment tax any services performed for certain income tax-exempt elementary or secondary schools which are operated primarily for religious purposes. (Sec. 9408) Amends SSA title III (Unemployment Compensation Administration) to authorize additional appropriations out of the employment security administration account to carry out State program integrity activities for unemployment compensation, including initial claims review, eligibility review, benefit payments control, and employer liability auditing activities. Subtitle F: Increase in Public Debt Limit - Amends Federal law to provide for an increase in the public debt limit to $5.95 trillion. Title X: Committee on Ways and Means - Medicare - Subtitle A: MedicarePlus Program - Chapter 1: MedicarePlus Program - (This title sets forth provisions generally analogous to those set forth above under title IV of this Act.) Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a MedicarePlus program under which each MedicarePlus eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the Medicare fee-for-service program or through a MedicarePlus plan. (Sec. 10001) Outlines the types of MedicarePlus plans that may be available, including: (1) coordinated care plans; (2) plans offered by provider-sponsored organizations; and (3) a combination of MSA (MedicarePlus savings account) plan and contributions to MedicarePlus MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to: (1) provide for broad dissemination of coverage option and comparative information to Medicare beneficiaries and prospective Medicare beneficiaries; and (2) maintain a toll-free number for inquiries about MedicarePlus options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires a MedicarePlus organization to generally accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of MedicarePlus marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each MedicarePlus plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well as, at its option, certain supplemental benefits, subject to the Secretary's approval. Prohibits a MedicarePlus organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Provides for the treatment of services furnished by providers that do not have a contract establishing payment amounts for services furnished to an individual enrolled with a MedicarePlus organization (other than under an MSA plan). Requires each MedicarePlus organization to provide the Secretary with information on the extent to which it provides inpatient and outpatient hospital benefits through the use of disproportionate share (DSH) and teaching hospitals. Directs the Secretary to: (1) make monthly, advance payments with respect to an individual's coverage to MedicarePlus organizations according to a specified formula; (2) establish separate payment rules for individuals with end-stage renal disease; and (3) develop and submit to the Congress a report on a method of risk adjustment of payment rates that accounts for variations in per capita costs based on health status. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a MedicarePlus MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Sets forth special rules for certain inpatient hospital stays. Details the rules for the submission and charging of premiums by each MedicarePlus organization. Sets limitations on enrollee cost- sharing for basic, additional, and supplemental benefits, except for MSA plans. Requires the Secretary to audit each year the financial records of at least one-third of the MedicarePlus organizations offering MedicarePlus plans. Prohibits a State from imposing a premium tax or similar tax with respect to premiums on MedicarePlus plans or the offering of such plans. Sets forth organizational and financial requirements for MedicarePlus organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for MedicarePlus organizations and plans. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and MedicarePlus organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. Directs the Secretary to: (1) study and report to the Congress on the feasibility and impact of removing a certain limitation added by this Act on the eligibility of most individuals medically determined to have end-stage renal disease to enroll in MedicarePlus plans; and (2) report to the Congress on graduate medical education programs operated by MedicarePlus organizations and the extent to which such organizations are providing for payments to DSH and teaching hospitals. (Sec. 10002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 10006) Amends the Internal Revenue Code to outline special rules for MedicarePlus MSA's. Excludes from gross income any payment by the Secretary to an individual's MedicarePlus MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the MedicarePlus MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. Chapter 2: Integrated Long-Term Care Programs - Amends SSA title XVIII to provide for programs of all-inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. Specifies benefit and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 10012) Amends SSA title XIX (Medicaid) to provide for the establishment of State PACE programs as a State Medicaid option. (Sec. 10014) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities under the demonstration projects with the costs, quality, and access to services of other PACE providers. (Sec. 10015) Amends the: (1) Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project; and (2) Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the MedicarePlus program. (Sec. 10018) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Secretary to extend the municipal health service demonstration projects but only with respect to individuals enrolled with such projects before January 1, 1998. Requires the Secretary to work with each such demonstration project to develop a plan (to be submitted to certain congressional committees) for the orderly transition of demonstration projects and project enrollees to a non-demonstration project health care delivery system. Provides that a demonstration project which does not develop and submit such a transition plan by a certain deadline shall be discontinued as of December 31, 1998. (Sec. 10019) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Medicare Payment Advisory Commission - Amends SSA title XVIII to establish the Medicare Payment Advisory Commission to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 10031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is 65 years of age or older with a certain minimum period of creditable coverage. (Sec. 10032) Directs the Secretary to implement a project to demonstrate the application of, and the consequences of applying, a market-oriented pricing system for the provision of a full range of Medicare benefits in a geographic area. Requires the Secretary to appoint: (1) a national advisory committee to make recommendations concerning the appropriate research design for the project and, taking such recommendations into account, designate the areas in which the project will operate; and (2) an area advisory committee to advise the Secretary on actual project implementation in the area. Directs the Secretary to monitor and report periodically to the Congress on the impact of such projects on the price and quality of, and access to, Medicare covered services, and other relevant factors. Chapter 5: Tax Treatment of Hospitals Participating in Provider Sponsored Organizations - Amends the Internal Revenue Code to provide that an organization shall not fail to be treated as a tax-exempt charitable organization solely because a hospital which it owns and operates also participates in a provider-sponsored organization, whether or not the provider-sponsored organization is exempt from tax. Provides that any person with a material financial interest in such a provider-sponsored organization shall be treated as a private shareholder or individual with respect to the hospital. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of the deductible for screening mammography; (2) screening pelvic exams, providing for their payment under the physician fee schedule; (3) prostate cancer screening tests, providing for payment of the prostate-specific antigen (PSA) blood test under the clinical diagnostic laboratory test fee schedules; (4) colorectal cancer screening tests, subject to prescribed frequency and payment limits, which will include a screening barium enema if found by the Secretary to be an appropriate alternative to certain other tests; (5) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals for the purpose of identifying bone mass or detecting bone loss or determining bone quality. (Sec. 10102) Makes certain changes in existing benefits, such as increasing the frequency of coverage of screening pap smears for high risk women and waiving the deductible that applies to such exams. (Sec. 10105) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of the health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. (Sec. 10107) Extends the Influenza and Pneumococcal Vaccination Campaign carried out by the Health Care Financing Administration (HCFA) in conjunction with the Centers for Disease Control and Prevention and the National Coalition for Adult Immunization. Authorizes appropriations. (Sec. 10108) Directs the Secretary to request the National Academy of Sciences, in conjunction with the United States Preventive Services Task Force, to analyze and report to the Congress on the expansion or modification of preventive benefits provided to Medicare beneficiaries. Provides for funding for such analysis. Subtitle C: Rural Initiatives - Replaces the Essential Access Community Hospital (EACH) Program with an optional Medicare Rural Primary Care Hospital Program under which a State may designate one or more facilities as a rural primary care hospital in accordance with prescribed criteria while continuing payment to previously designated EACH's and rural primary care hospitals. Provides for payment under such new program on a reasonable cost basis. Lengthens the maximum period of permitted inpatient rural primary care hospital stay. (Sec. 10202) Amends SSA title XVIII to prohibit denial, on the basis of wage comparisons, of a rural referral center's request for reclassification. Provides that any hospital classified as a rural referral center for FY 1991 shall be classified as such for FY 1998 and each subsequent fiscal year. (Sec. 10203) Amends SSA title XVIII to permit hospital geographic reclassification for purposes of DSH payment adjustments. (Sec. 10204) Makes certain changes with regard to Medicare- dependent, small rural hospitals, including an extension of the current payment methodology. (Sec. 10205) Directs the Secretary of Health and Human Services to publish and use alternative guidelines under which specified disproportionately large hospitals qualify for geographic reclassification for a fiscal year beginning with fiscal year 1998. (Sec. 10206) Sets the floor on the area wage index applicable to hospitals not located in a rural area for discharges occurring on or after October 1, 1997, for purposes of adjusting DRG prospective payment rates for different area wage levels. Directs the Secretary to adjust the area wage indices for certain hospitals to assure that aggregate payments in a fiscal year for the operating costs of inpatient hospital services are not greater or less than those which would have been made in the year if this requirement did not apply. (Sec. 10207) Directs the Secretary to provide for a four-year demonstration project to use eligible health care provider telemedicine networks to apply high-capacity computing and advanced networks to improve primary care and prevent health care complications to Medicare beneficiaries with diabetes mellitus who are residents of medically underserved rural or inner-city areas. Provides funding. Subtitle D: Anti-Fraud and Abuse Provisions - Revises requirements for mandatory exclusion of certain individuals and entities from participating in Medicare and State health programs. Mandates an ten-year exclusion of any individual for a second health care related conviction, and permanent exclusion for a third health care related conviction. (Sec. 10302) Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 10303) Requires the annual explanation of Medicare benefits provided to Medicare beneficiaries to include a toll-free telephone number to report Medicare waste, fraud, and abuse. (Sec. 10304) Makes Medicare carriers and fiscal intermediaries liable for reimbursing the Secretary for amounts paid to excluded providers. Makes State agencies liable for reimbursing the Secretary for amounts paid to excluded providers under the Medicaid program. (Sec. 10305) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 10306) Provides for the imposition of civil monetary penalties for: (1) any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program; and (2) any person that presents or causes to be presented to any State or Federal agency a claim for a medical or other item or service ordered or prescribed by an excluded person and the person furnishing such item or service knows or should have known of such exclusion. (Sec. 10307) Outlines various specified requirements regarding disclosure of information, surety bonds, and advisory opinions regarding certain physician self-referral provisions. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORF's) and to rehabilitation agencies. (Sec. 10308) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to the Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 10309) Amends SSA title XVIII to direct the Secretary to issue written, binding advisory opinions concerning whether a referral relating to designated health services (other than clinical laboratory services) is prohibited. Subtitle E: Prospective Payment Systems - Chapter 1: Payment Under Part A - Establishes a prospective payment system (PPS) under Medicare for skilled nursing facility (SNF) services and for inpatient rehabilitation hospital services. Provides for consolidated billing of covered SNF services. Requires payment to a SNF of claims for all Medicare part B SNF items and services, identified by code under a uniform coding system specified by the Secretary. Directs the Secretary to establish a thorough medical review process to examine the effects of this Act on the quality of covered SNF services furnished to Medicare beneficiaries. Chapter 2: Payment Under Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 10412) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 10413) Directs the Secretary to establish a PPS for hospital outpatient department services. (Sec. 10421) Establishes payment rates for outpatient therapy services, with certain co-payments imposed for services furnished after 1998. (Sec. 10422) Provides for: (1) payment of CORF services based on fee schedule amounts; (2) certain interim reductions in payments for ambulance services; and (3) establishment of a prospective fee schedule by the Secretary for payment of such services. (Sec. 10431) Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. (Sec. 10432) Sets out the framework for demonstration projects for coverage of ambulance services under Medicare through contracts with counties or parishes. Chapter 3: Payment Under Parts A and B - Directs the Secretary to establish a PPS for home health services. Eliminates periodic interim payments for home health agencies. Subtitle F: Provisions Relating to Part A - Chapter 1: Payment of PPS Hospitals - Revises requirements for PPS hospital payment updates and capital payments for PPS hospitals. (Sec. 10503) Amends SSA title XVIII to provide for a freeze in DSH payment adjustments for Medicare-dependent, small rural hospitals for FY 1998 and 1999. Directs the Secretary to propose to specified congressional committees a modification of the current qualifying criteria and payment methodology under which DSH's are paid. (Sec. 10504) Amends SSA title XVIII to modify requirements for the valuation of capital assets of a hospital or SNF after a change of ownership. Extends their applicability to the capital assets of service providers, instead of just hospitals or SNF's. (Sec. 10505) Revises requirements for payments to hospitals for inpatient hospital services to: (1) eliminate indirect medical education and DSH payments attributable to outlier payments; (2) provide for a reduction in adjustment for indirect medical education; (3) provide for the treatment of certain transfer cases; and (4) increase the base payment rate for Puerto Rico hospitals. Chapter 2: Payment of PPS Exempt Hospitals - Revises requirements for the payment of PPS exempt hospitals, including those for: (1) payment updates; (2) capital payments; (3) bonus and relief payments; (4) payment and target amount for new providers; (5) rebasing; and (6) treatment of certain long-term care hospitals. (Sec. 10518) Amends SSA title XVIII to eliminate any exemptions from the method for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances create a distortion in the increase in costs for a reporting period. Directs the Secretary to publish annually in the Federal Register a report on the total amount of payments to hospitals by reason of any exceptions or adjustments made to the method described above for cost reporting periods ending during the previous fiscal year. Chapter 3: Provisions Related to Hospice Services - Provides for a reduced payment update for hospice services for FY 1998 through 2002. Directs the Secretary to provide for the collection of hospice care program data with respect to the costs of care provided starting in FY 1999. Bases payment for home hospice care on the location where care is furnished. Revises the home hospice care benefit period. Provides for home hospice care coverage of any other items and services specified in a plan. Allows waiver of certain staffing requirements for hospice care programs in non-urbanized areas. Chapter 4: Modification of Part A Home Health Benefit - Provides for modification of the Medicare part A home health benefit for individuals enrolled under Medicare part B to include, for 1998 through 2002, home health services subject to a specified transition reduction and, afterwards, a new post-institutional home health services component for up to 100 visits during a home health spell of illness. Chapter 5: Other Payment Provisions - Requires reductions in Medicare payments for enrollee bad debt. (Sec. 10542) Repeals the termination date to make a permanent extension of the hemophilia passthrough. (Sec. 10543) Eliminates the Medicare part A premium for certain public retirees. Subtitle G: Provisions Relating to Part B Only - Chapter 1: Physicians' Services - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; and (5) phasing-in implementation of resource-based physician practice expense relative value units. (Sec. 10606) Directs the Secretary, for 1999 and 2001, to determine for each hospital: (1) the hospital-specific per discharge relative value according to prescribed guidelines (with a special rule for teaching hospitals); and (2) whether the hospital-specific relative value is projected to be excessive. Requires the Secretary to notify the medical executive committee of each hospital identified as having an excessive hospital-specific relative value of the determinations made with respect to the medical staff. (Sec. 10607) Provides that no x-ray is required for chiropractic services. (Sec. 10608) Provides that effective for electrocardiogram tests furnished during 1998, the Secretary shall restore separate payment under Medicare part B for the transportation of electrocardiogram equipment (HCPCS code R0076) based upon the status code and relative value units established for such service as of December 31, 1996. Directs the Secretary to determine, taking into account the study of coverage of portable electrocardiogram transportation conducted by the Comptroller General and other relevant information, whether coverage of portable electrocardiogram transportation should be provided under Medicare part B. Chapter 2: Other Payment Provisions - Provides for a reduction in DME payment amounts and for a payment freeze for parenteral and enteral nutrients, supplies, and equipment. Revises payment rates for oxygen and oxygen equipment, clinical diagnostic laboratory tests, ambulatory surgical services, and drugs and biologicals. (Sec. 10614) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory tests. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 10617) Provides for Medicare coverage of oral drugs prescribed for use as an acute anti-emetic used as part of an anticancer chemotherapeutic regimen under certain conditions. Sets forth special rules for the payment of such drugs. (Sec. 10618) Revises certain requirements with regard to rural health clinic services, including per-visit payment limits for provider-based clinics, assurance of quality services, and certain staffing and shortage area requirements. (Sec. 10619) Provides for increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. Repeals certain restrictions on settings applicable to them. (Sec. 10621) Directs the Secretary to: (1) audit a sample of cost reports of renal dialysis providers for 1995 and for each third year thereafter; and (2) develop and implement a method to measure and report quality of renal dialysis services provided under Medicare in order to reduce payments for inappropriate or low quality care. Chapter 3: Part B Premium - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Provisions Relating to Medicare Secondary Payer - Revises requirements for Medicare as secondary payer. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Limits beneficiary liability for items and services for which Medicare benefits are incorrectly paid. Chapter 2: Home Health Services - Provides that, in establishing payment limits for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996. (Sec. 10712) Revises requirements for interim payments for home health services. Directs the Secretary to expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service. (Sec. 10714) Directs the Secretary to study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 10715) Bases the payment for home health services on the location where the service is furnished. (Sec. 10716) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 10717) Provides that no home health benefits are based solely on drawing blood. Chapter 3: Baby Boom Generation Medicare Commission - Establishes the Bipartisan Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately during 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve the Medicare program for the period during which such individuals are eligible for Medicare. Requires the Commission also to study the feasibility and desirability of establishing: (1) an independent commission on Medicare to make recommendations annually on how best to match the structure of the Medicare program to available funding for the program; (2) an expedited process for congressional consideration of such recommendations; and (3) a default mechanism to enforce congressional spending targets for the program if the Congress fails to approve such recommendations. Directs the Commission to report to the Congress its findings and recommendations regarding how to protect and preserve the Medicare program in a financially solvent manner until 2030 (or, if later, throughout the period of projected solvency of the Federal Old-Age and Survivors Insurance Trust Fund). Requires the report to include detailed recommendations for appropriate legislative initiatives on how to accomplish this objective. Authorizes appropriations. Chapter 4: Provisions Relating to Direct Graduate Medical Education - Sets out provisions relating to direct graduate medical education, including: (1) placing a limitation on the number of residents for cost reporting periods beginning after FY 1998; (2) phasing-in a limitation on hospital overhead and supervisory physician component of direct medical education costs; (3) permitting payment to non-hospital providers; and (4) providing incentive payments under plans for voluntary reduction in the number of residents. (Sec. 10735) Directs the Secretary to establish a demonstration project under which the Secretary shall make payments to specified qualifying consortia instead of teaching hospitals. (Sec. 10736) Requires the Medicare Payment Advisory Commission to examine and develop recommendations for the Congress on whether and to what extent Medicare payment policies and other Federal policies regarding teaching hospitals and graduate medical education should be reformed. (Sec. 10737) Provides a special Medicare reimbursement rule for certain combined residency programs. Chapter 5: Other Provisions - Amends SSA title XVIII to direct the Secretary to use a competitive process to contract with specific hospitals or other entities meeting certain quality standards (centers for excellence) for furnishing services related to surgical procedures as well as other services (unrelated to surgical procedures) to hospital inpatients. (Sec. 10742) Establishes a Medicare part B and Medigap special enrollment period for certain military retirees and dependents during which they may enroll without being subject to a Medicare part B late enrollment penalty. (Sec. 10743) Establishes a Medicare part B special late penalty- free enrollment period for certain disabled workers whose continuous enrollment under a group health plan is involuntarily terminated. (Sec. 10744) Requires that any advance directive is placed in a prominent part of an individual's current medical record. Subtitle I: Medical Liability Reform - Chapter 1: General Provisions - Sets forth definitions, limitations, preemption mandates, and specified exclusions relating to health care liability actions brought in any State or Federal court. Chapter 2: Uniform Standards for Health Care Liability Actions - Establishes certain uniform standards for such health care liability actions that include: (1) a general statute of limitations of two years after the date on which the claimant discovered or should have discovered the alleged injury that is the subject of the action; (2) a $250,000 limitation on noneconomic damages; and (3) standards for the awarding of punitive damages (clear and convincing evidence of specific intent to cause harm or conscious, flagrant indifference to the rights and safety of others). (Sec. 10813) Declares that any alternative dispute resolution system (ADR) used to resolve a health care liability action or claim shall contain provisions relating to such statute of limitations, non- economic damages, punitive damages, and other specified matters which are identical to the relevant provisions of this subtitle.

Balanced Budget Act of 1997

United States · United States Congress · 20 June 1997

TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Title II: Committee on Banking, Housing, and Urban Affairs Subtitle A: Mortgage Assignment and Annual Adjustment Factors Subtitle B: Multifamily Housing Reform Title III: Committee on Commerce Science and Transportation Subtitle A: Spectrum Auctions and License Fees Subtitle B: Merchant Marine Provisions Title IV: Committee on Energy and Natural Resources Title V: Committee on Finance Division 1: Medicare Subtitle A: Medicare Choice Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Subtitle E: Prospective Payment Systems Subtitle F: Provisions Relating to Part A Subtitle G: Provisions Relating to Part B Only Subtitle H: Provisions Relating to Parts A and B Division 2: Medicaid and Childrens' Health Insurance Initiatives Subtitle I: Medicaid Subtitle J: Children's Health Insurance Initiatives Division 3: Income Security and Other Provisions Subtitle K: Income Security, Welfare-to-Work Grant Program, and Other Provisions Division 4: Earned Income Credit and Other Provisions Subtitle L: Earned Income Credit and Other Provisions Subtitle M: Welfare Reform Technical Corrections Title VI: Committee on Governmental Affairs Subtitle A: Civil Service and Postal Provisions Subtitle B: GSA Property Sales Title VII: Committee on Labor and Human Resources Title VIII: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Copayments and Medical Care Cost Recovery Subtitle C: Other Matters Title I: Committee on Agriculture, Nutrition, and Forestry - Amends the Food Stamp Act to permit State agencies to provide a specified hardship exemption from the food stamp program (program) work requirement for certain individuals. (Sec. 1002) Obligates specified additional funds for program employment and training programs. Sets forth State allocation and additional payment provisions. Title II: Committee on Banking, Housing, and Urban Affairs - Subtitle A: Mortgage Assignment and Annual Adjustment Factors - Amends the Balanced Budget Downpayment Act, I to extend permanently certain foreclosure avoidance and borrower assistance provisions under the single family housing mortgage insurance program. (Sec. 2003) Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance program to make certain maximum monthly rent adjustment provisions for certain new and rehabilitated and nonturnover units applicable to FY 1999 and thereafter. Subtitle B: Multifamily Housing Reform - Multifamily Assisted Housing Reform and Affordability Act of 1997 - Part 1: FHA-Insured Multifamily Housing Mortgage and Housing Assistance Restructuring - Directs the Secretary (Secretary) of Housing and Urban Development to enter into agreements with participating administrative entities (with preference given to State housing finance agencies) to develop and implement mortgage restructuring and rental assistance plans for FHA-insured multifamily housing mortgages in order to: (1) reduce expiring section 8 contracts costs; (2) address troubled projects; and (3) correct management and ownership deficiencies. Includes two-tiered mortgage restructuring among plan incentives. Terminates program authority as of October 1, 2001. Part 2: Miscellaneous Provisions - Amends the National Housing Act to authorize the Secretary to make rehabilitation grants for certain insured projects. (Sec. 2203) Repeals specified Federal housing preference provisions under the United States Housing Act of 1937, the Cranston-Gonzalez National Affordable Housing Act, the Housing and Urban Development Act of 1965, the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and the Housing and Community Development Act of 1992. Part 3: Enforcement Provisions - Directs the Secretary to issue implementing regulations. Subpart A: FHA Single Family and Multifamily Housing - Amends the National Housing Act to expand HUD authorities with respect to: (1) lender sanctions; (2) equity skimming; and (3) civil money penalties. Subpart B: FHA Multifamily Provisions - Amends the National Housing Act and the Housing Act of 1937 to expand multifamily housing-related civil money penalties. (Sec. 2322) Amends the Housing and Community Development Act of 1987 to extend the double damages remedy. Title III: Committee on Commerce Science and Transportation - Subtitle A: Spectrum Auctions and License Fees - Amends the Communications Act of 1934 (the Act) to revise provisions regarding competitive bidding for use of the electromagnetic spectrum to authorize the Federal Communications Commission (FCC) to: (1) use auctions as a means to assign spectrum; and (2) grant licenses or construction permits for spectrum assignment by competitive bidding at a later date than currently required (by the end of FY 1998) if certain requirements are met and the bidding is conducted in time for assignment by the end of FY 2002. Makes competitive bidding authority inapplicable to licenses or construction permits issued for: (1) public safety services; (2) public telecommunications services when the license application is for channels reserved for noncommercial use; (3) spectrum and associated orbits used within global satellite systems; (4) new digital television (TV) service given to existing terrestrial broadcast licensees to replace current licenses; (5) terrestrial radio and TV broadcasting when the FCC determines that an alternative method of resolving mutually exclusive applications serves the public interest better than competitive bidding; or (6) spectrum allocated for specified unlicensed use if competitive bidding would interfere with operation of end-user products. Extends competitive bidding authority through FY 2007. Requires the FCC, by the end of 2001, to assign by competitive bidding 45 megahertz (mhz.) located at 1,710-1,755 mhz. for commercial use. Provides that Federal Government stations assigned to use such band shall retain use until the end of 2003 unless exempted from relocation. Directs the FCC, by the end of FY 2002, to permit the assignment by competitive bidding of licenses for the use of currently allocated bands of frequencies that: (1) in the aggregate span not less than 100 mhz.; (2) are located below ten gigahertz (ghz.), of which no less than 40 mhz. shall be located below three ghz.; and (3) have not been designated for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act, or allocated for Federal Government use. Requires the FCC to: (1) report to the President and specified congressional committees on recommendations for reallocation through competitive bidding and plans for relocation of displaced users; and (2) attempt to accommodate displaced licensees by relocating them to other frequencies and notify the Secretary whenever unable to provide for effective relocation. Amends the National Telecommunications and Information Administration Organization Act to require the Secretary of Commerce to make specified recommendations, upon receiving a report from the FCC on inability to accommodate displaced licensees, for purposes of reassigning such licensees to frequencies allocated for Government use. Sets forth requirements regarding: (1) the reimbursement of Federal spectrum users for relocation costs; (2) petitions by persons seeking to relocate Federal stations; and (3) Federal rights to reclaim reallocated spectrum. Directs the Secretary to make available for reallocation from Federal frequencies 20 mhz. located below three ghz. (Sec. 3002) Amends the Act to prohibit, under competitive bidding provisions, the renewal of a license authorizing analog TV services beyond the end of 2006. Extends or waives this deadline for a station in any TV market unless 95 percent of the TV households have access to digital local TV signals. Provides that commercial digital TV licenses shall expire at the end of FY 2003. Directs the FCC to report biennially to the Congress on the status of digital TV conversion in each TV market. Sets forth requirements with respect to the resale of, and competitive bidding for, spectrum previously used for the broadcast of analog TV. Directs the FCC to report the total revenues from such bidding by January 1, 2002. Requires the FCC to encourage broadcasters to transmit programming in digital format in the 30 largest markets by November 1, 1999. (Sec. 3003) Directs the FCC, no later than January 1, 1998, to allocate from the electromagnetic spectrum between 746 and 806 mhz.: (1) 24 mhz. for public safety services; and (2) 36 mhz. for commercial purposes to be assigned by competitive bidding. (Sec. 3005) Requires the FCC, within six months after enactment of the Balanced Budget Act of 1997, to: (1) implement a system of spectrum lease fees applicable to newly allocated frequency bands assigned to systems in private wireless service; (2) provide incentives for licensees to confine their radio communications to the area of operation actually required for that communication; and (3) permit FCC-certified private land mobile frequency advisory committees to assist in the computation, assessment, collection, and processing of amounts received under the system of spectrum lease fees. Provides for: (1) a formula to be used by private wireless licensees and committees to compute spectrum lease fees; and (2) lease fees based on the approximate value of the assigned frequencies to licensees (with a fee cap). Directs the FCC to allocate for use under its spectrum lease fee program not less than 12 mhz. of electromagnetic spectrum, previously unallocated to private wireless, located between 150 and 1000 mhz. on a nationwide basis. Establishes in the Treasury an account for the spectrum license fees generated under this Act. Subtitle B: Merchant Marine Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. Title IV: Committee on Energy and Natural Resources - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to store foreign-owned petroleum products in underutilized Strategic Petroleum Reserve (SPR) facilities, subject to the following conditions: (1) funds resulting from the leasing or other use of an SPR facility after October 1, 2002, shall be available to the Secretary, without further appropriation, for SPR petroleum product purchases; (2) such stored petroleum product is neither part of the SPR, nor subject to the contracting requirements governing petroleum product not owned by the United States; and (3) such product may be exported. Title V: Committee on Finance - Division 1: Medicare - Subtitle A: Medicare Choice Program - Chapter 1: Medicare Choice Program - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a Medicare Choice program under which each Medicare Choice eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the traditional Medicare fee-for-service program or through a Medicare Choice plan. (Sec. 5001) Outlines the types of Medicare Choice plans that may be available, including: (1) fee-for-service plans; (2) plans offered by preferred provider organizations; (3) point of service plans; (4) plans offered by provider-sponsored organizations; (5) plans offered by health maintenance organizations; and (6) a combination of MSA (Medicare Choice savings account) plan and contributions to Medicare Choice MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to provide for broad dissemination of coverage option and comparison information to Medicare beneficiaries and prospective Medicare beneficiaries. Directs the Secretary to maintain a toll-free number for inquiries about Medicare Choice options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires any Medicare Choice organization to accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of Medicare Choice marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each Medicare Choice plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well, at its option, as certain supplemental benefits, subject to the Secretary's approval. Prohibits a Medicare Choice organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Directs the Secretary to make monthly advance payments with respect to an individual's coverage to Medicare Choice organizations according to a specified formula. Requires the Secretary to establish separate payment rates for individuals with end-stage renal disease. Directs the Secretary and the Medicare Payment Advisory Commission to each study and report to the Congress on appropriate measures for adjusting the annual Medicare Choice capitation rates to reflect local price indicators. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a Medicare Choice MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Details rules for the submission and charging of premiums by each Medicare Choice organization. Sets limitations on enrollee cost-sharing for basic, additional, and supplemental benefits, except for MSA plans and unrestricted fee-for-service plans. Requires the Secretary to audit each year the financial records of at least third of the Medicare Choice organizations offering Medicare Choice plans. Prohibits a State from imposing a premium tax or similar tax with respect to payments on Medicare Choice plans or the offering of such plans. Sets out organizational and financial requirements for Medicare Choice organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for Medicare Choice organizations. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and Medicare Choice organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. (Sec. 5002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 5006) Amends the Internal Revenue Code to outline special rules for Medicare Choice MSAs. Excludes from gross income any payment by the Secretary to an individual's Medicare Choice MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the Medicare Choice MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. Chapter 2: Integrated Long-Term Care Programs - Amends SSA title XVIII to provide for programs of all-inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. Specifies benefit and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 5013) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities under the demonstration projects with the costs, quality, and access to services of other PACE providers. (Sec. 5015) Amends the Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project. Amends the Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the Medicare Choice program. (Sec. 5018) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Commissions - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through the year 2030; and (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits under such program, including the extent to which current Medicare update indexes do not accurately reflect inflation. Requires the Commission to make recommendations: (1) to restore the solvency of the Federal Hospital Insurance Trust Fund and the financial integrity of the Federal Supplementary Medical Insurance Trust Fund through the year 2030; and (2) to establish the appropriate financial structure of the Medicare program as a whole and the appropriate balance of benefits covered and beneficiary contributions. Requires recommendations on: (1) the financing of graduate medical education; (2) the feasibility of allowing individuals between age 62 and the Medicare eligibility age to buy into the Medicare program; and (3) the impact of chronic disease and disability trends on future costs and quality of services under the current benefit, financing, and delivery system structure of the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations. (Sec. 5022) Establishes the Medicare Payment Advisory Commission to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 5031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is age 65 or older with a certain minimum period of creditable coverage. Provides for extending the six-month initial enrollment period under the Medicare supplemental policy program to non-elderly Medicare beneficiaries. (Sec. 5032) Creates under the Medicare supplemental policy program a high deductible feature which requires the policy beneficiary to pay annual out-of-pocket expenses (other than premiums) of $1,500 before the policy begins payment of benefits. Chapter 5: Demonstrations - Directs the Secretary to conduct demonstration projects in ten urban areas where less than 25 percent of the Medicare beneficiaries are enrolled with an eligible HMO, as well as three rural areas, which are to be treated as Medicare Choice payment areas. Requires such projects to: (1) apply a pricing methodology for payments to Medicare Choice organizations using a specified competitive market approach; (2) apply a benefit structure and beneficiary premium structure specified in this chapter; and (3) evaluate the effects of the methodology and structures on Medicare fee-for-service spending under Medicare parts A and B in the project area. Requires the Secretary to report on the project to the President, and the President to report to the Congress any legislative recommendations for extending the project to the entire Medicare population. (Sec. 5042) Provides that, in the case of a Medicare Choice payment area in which such a project is being conducted, the annual Medicare Choice capitation rate shall be the standardized payment amount determined according to prescribed guidelines rather than the amount determined under the Medicare Choice program. Establishes within HHS the Office of Competition to administer Medicare Choice competitive pricing demonstrations. (Sec. 5043) Outlines benefits and beneficiary premiums under Medicare Choice competitive pricing demonstrations, which include, respectively, those items and services traditionally covered under Medicare plus prescription drugs as well as any optional supplemental benefits the demonstration plan offers, and certain cost-sharing obligations. (Sec. 5045) Directs the Secretary to implement a time-limited demonstration project for the purpose of evaluating the use of a third-party contractor to conduct the Medicare Choice plan enrollment and disenrollment functions in an area. (Sec. 5046) Directs the Secretary to conduct demonstration projects in a certain number of rural and urban areas for the purpose of evaluating methods, such as case management and other models of coordinated care, that improve the quality of items and services provided to target individuals, and reduce Medicare expenditures for such items and services. Defines target individual as an individual with a chronic illness who is enrolled under the Medicare parts A and B fee-for-service program. Provides for project funding. (Sec. 5047) Authorizes the HHS Secretary and the Secretary of Veterans Affairs to establish a demonstration project under which the HHS Secretary shall reimburse the Secretary of Veterans Affairs from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible veterans. Directs the Secretaries to try to include in the demonstration at least one medical center that is in the same catchment area as a closed military medical facility. Authorizes the HHS Secretary and the Secretary of Veterans Affairs to establish a similar demonstration (subvention) project under which the HHS Secretary shall reimburse the Secretary of Veterans Affairs from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible military retirees or dependents. Directs the Secretary of Defense to waive the enrollment fee for any Medicare-eligible military retiree or dependent enrolled in the managed care option of the TRICARE program for any period for which reimbursement is made under such a demonstration project with respect to such retiree or dependent. Chapter 6: Tax Treatment of Hospitals Participating in Provider-Sponsored Organizations - Amends the Internal Revenue Code to provide that an organization shall not fail to be treated as a tax-exempt charitable organization solely because a hospital which it owns and operates also participates in a provider-sponsored organization, whether or not the provider-sponsored organization is exempt from tax. Provides that for any person with a material financial interest in such a provider-sponsored organization shall be treated as a private shareholder or individual with respect to the hospital. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of coinsurance for screening mammography; (2) colorectal cancer screening tests, subject to prescribed frequency and payment limits; (3) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals. (Sec. 5103) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. Subtitle C: Rural Initiatives - Revises the formula for payments to sole community hospitals, in order to increase a hospital's target amount, by replacing the base cost reporting period with: (1) a hospital's cost reporting period for FY 1997; and (2) allowable operating costs of inpatient hospital services for subsequent fiscal years. Extends the target amount for Medicare- dependent, small rural hospitals. (Sec. 5153) Replaces the Essential Access Community Hospital Program with an optional Medicare Rural Hospital Flexibility Program under which participating States shall develop at least one rural health network in the State and at least one facility that shall be designated as a critical access hospital in accordance with prescribed guidelines. Authorizes the Secretary to award grants to States: (1) for the planning and implementation of the program; and (2) for establishment or expansion of rural emergency medical services. Authorizes appropriations. Directs the Administrator of the Health Care Financing Administration to report to the Congress on the feasibility of, and administrative requirements necessary to establish, an alternative for certain medical diagnoses to the current 96-hour limitation for inpatient care in critical access hospitals. (Sec. 5154) Amends SSA title XVIII to prohibit denial, on the basis of wage comparisons, of a rural referral center's request for reclassification. Provides that any hospital classified as a rural referral center for FY 1991 shall be classified as such for FY 1998 and each subsequent fiscal year. (Sec. 5155) Amends requirements for rural health clinic services with respect to: (1) per-visit payment limits for provider-based clinics; (2) mandatory quality assessment and performance improvement programs; (3) limitation of waivers of certain staffing requirements to clinics participating in the rural health clinic program; (4) the insufficiency of needed health care practitioners in shortage areas; and (5) regulations providing for payment for certain physician assistant services. (Sec. 5156) Directs the Secretary to make payments from the Federal Supplementary Medical Insurance Trust Fund under Medicare part B in accordance with a specified payment methodology for professional consultation via telecommunications systems with a health care provider furnishing a service for which payment may be made to a Medicare beneficiary residing in a rural health professional shortage area, notwithstanding that the individual health care provider providing the professional consultation is not at the same location as the health care provider furnishing the service to that beneficiary. Directs the Secretary to report to the Congress: (1) a detailed analysis of telemedicine and telehealth (T&T) services; and (2) an examination of the possibility of making similar payments for professional consultation via telecommunications systems to Medicare beneficiaries who do not reside in a rural health professional shortage area, are homebound or nursing homebound, and for whom being transferred for health care services imposes a serious hardship. (Sec. 5157) Directs the Secretary to conduct a demonstration project to study the use of eligible health care provider telemedicine networks to implement high-capacity computing and advanced networks to improve primary care and prevent health care complications, improve access to specialty care, and provide educational and training support to rural practitioners. Provides limited funding. Subtitle D: Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity - Chapter 1: Revisions to Sanctions for Fraud and Abuse - Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 5202) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 5203) Provides for the imposition of civil monetary penalties for: (1) any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program; (2) any person that presents or causes to be presented to any State or Federal agency a claim for a medical or other item or service ordered or prescribed by an excluded person and the person furnishing such item or service knows or should have known of such exclusion; and (3) kickbacks. Chapter 2: Improvements in Protecting Program Integrity - Outlines various specified requirements regarding disclosure of information, surety bonds, and accreditation with regard to DME suppliers. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORFs) and to rehabilitation agencies. (Sec. 5212) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 5213) Amends SSA title XI part A (General Provisions) to provide that: (1) Medicare- and Medicaid-related actions against debtors are generally not stayed by bankruptcy proceedings; (2) certain Medicare- and Medicaid-related debts are not dischargeable in bankruptcy; and (3) the repayment of certain debts is considered final. (Sec. 5214) Amends SSA title XVIII to: (1) replace the reasonable charge payment methodology with fee schedules developed by the Secretary for particular services; (2) provide for application of inherent reasonableness to charges for all Medicare part B services other than physicians' services; (3) require bills and requests for payment for services by non-physician practitioners to include diagnostic codes; (4) outline requirements to provide diagnostic information when ordering certain items or services furnished by another entity; (5) mandate establishment of competitive acquisition areas for contract award purposes for the furnishing under Medicare part B after 1997 of described items and services; and (6) prohibit payment under Medicare part A or part B for any expenses for an item or service furnished in a competitive acquisition area by an entity other than an entity with which the Secretary has contracted, except for urgent need, or in other circumstances specified by the Secretary. Chapter 3: Clarifications and Technical Changes - Makes technical amendments with respect to fraud and abuse. Subtitle E: Prospective Payment Systems - Chapter 1: Provisions Relating to Part A - Provides for a prospective payment system (PPS) under Medicare for inpatient rehabilitation hospital services. (Sec. 5302) Directs the Secretary to submit to the Congress a legislative proposal for establishing a case-mix adjusted PPS for long-term care hospitals. Chapter 2: Provisions Relating to Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 5312) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 5313) Directs the Secretary to establish a PPS for hospital outpatient department services. (Sec. 5321) Provides for certain interim reductions in payments for ambulance services. Directs the Secretary to establish a prospective fee schedule for payment of such services. Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. Chapter 3: Provisions Relating to Parts A and B - Declares that updates to per diem limits, with respect to payments to skilled nursing facilities (SNFs), effective for FY 1998, shall be based on cost limits effective for FY 1997. (Sec. 5332) Mandates a PPS for SNF services along with consolidated billing for them. Directs the Secretary, in order to ensure that Medicare beneficiaries are furnished appropriate SNF services, to establish a thorough medical review process to examine the provisions of this chapter and their effect on the quality of covered SNF services furnished to Medicare beneficiaries. (Sec. 5341) Provides that, in establishing payment limits for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996. (Sec. 5342) Revises requirements for interim payments for home health services. Directs the Secretary to expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service. (Sec. 5343) Directs the Secretary to establish a PPS for home health services for cost reporting periods beginning in FY 2000. (Sec. 5344) Bases the payment for home health services on the location where the service is furnished. (Sec. 5361) Provides for a modification of the Medicare part A home health benefit for individuals enrolled under Medicare part B. Provides for specified post-institutional home health services. (Sec. 5362) Imposes a $5 co-payment for Medicare part B home health services. (Sec. 5364) Directs the Secretary to study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 5365) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 5366) Requires each explanation of Medicare part B benefits provided in conjunction with the payment of claims to include the total cost of home health services for which the agency or provider billed. Subtitle F: Provisions Relating to Part A - Chapter 1: Payment of PPS Hospitals - Revises requirements for PPS hospital payment updates and capital payments for PPS hospitals. Chapter 2: Payment of PPS Exempt Hospitals - Revises requirements for the payment of PPS exempt hospitals, including those for: (1) payment updates; (2) capital payments; (3) bonus and relief payments; (4) target amounts for rehabilitation hospitals, long-term care hospitals, and psychiatric hospitals; (5) treatment of certain long-term care hospitals located within other hospitals; and (6) certain cancer hospitals. (Sec. 5427) Amends SSA title XVIII to eliminate any exemptions from the method for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances create a distortion in the increase in costs for a reporting period. Directs the Secretary to publish annually in the Federal Register a report on the total amount of payments to hospitals by reason of any exceptions or adjustments made to the method described above for cost reporting periods ending during the previous fiscal year. Chapter 3: Graduate Medical Education Payments - Revises requirements for direct and indirect Medicare payments for graduate medical education (GME). Limits the number of residents in allopathic and osteopathic medicine. Permits payment to qualified nonhospital providers for direct GME costs. Prohibits restandardization of certain indirect GME payment amounts. Requires the Secretary to provide for direct and indirect GME payments to hospitals for managed care enrollees. (Sec. 5452) Directs the Secretary to establish a demonstration project for making direct GME payments to qualifying consortia instead of teaching hospitals. Chapter 4: Other Hospital Payments - Directs the Secretary to make additional payments (including disproportionate share payments (DSH)) to hospitals for managed care and Medicare Choice enrollees. Revises requirements for DSH payments to hospitals serving vulnerable populations. Eliminates indirect GME and DSH payments attributable to outlier payments. Requires reductions in payments for enrollee bad debt. Increases the base payment rate to Puerto Rico hospitals. Repeals the termination date to make a permanent extension of the hemophilia passthrough. Authorizes Medicare and Medicaid coverage of inpatient hospital and post-hospital extended care services in religious nonmedical health care institutions (currently limited to Christian Science sanatoria). Chapter 5: Payments for Hospice Services - Bases payment for home hospice care on the location where care is furnished. Revises the home hospice care benefit period. Provides for home hospice care coverage of any other items and services specified in a plan. Allows waiver of certain staffing requirements for hospice care programs in non-urbanized areas. Subtitle G: Provisions Relating to Part B Only - Chapter 1: Payments for Physicians and Other Health Care Providers - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; (5) providing for adjustments in relative value units for 1998; and (6) increasing Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. (Sec. 5505) Directs the Comptroller General to review and evaluate the proposed rule on resource-based methodology for practice expenses issued by the Health Care Financing Administration. (Sec. 5508) Directs the Secretary to conduct certain chiropractic services coverage demonstration projects. Chapter 2: Other Payment Provisions - Requires a specified reduction in updates to payment amounts for clinical diagnostic laboratory tests, while lowering the cap on payment amounts. Directs the Secretary to request the Institute of Medicine of the National Academy of Sciences to study Medicare part B payments for clinical laboratory services for a report to the appropriate congressional committees. (Sec. 5522) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory services. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 5523) Provides for a reduction in payment amounts for items of DME. Revises requirements for payment for oxygen and oxygen equipment, ambulatory surgical services, and drugs and biologicals. Provides for a reduction in the increase for parenteral and enteral nutrients, supplies, and equipment. Directs the Secretary to establish service standards and accreditation requirements for persons seeking Medicare part B payment for the providing of oxygen and oxygen equipment to beneficiaries within their homes. Details certain studies, demonstration projects, and congressional reporting relating to access to home oxygen equipment. Chapter 3: Part B Premium and Related Provisions - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over for that succeeding calendar year. (Sec. 5542) Specifies a formula for a mandatory annual income-related increases in the Medicare part B deductible. Amends the Internal Revenue Code to authorize the Secretary of the Treasury, upon the HHS Secretary's request, to disclose to Health Care Financing Administration officers and employees certain income tax return information about a taxpayer required to pay a monthly Medicare part B premium. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Secondary Payor Provisions - Revises requirements for Medicare as secondary payor. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Chapter 2: Other Provisions - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to conform the age for eligibility under Medicare to the retirement age for OASDI benefits. (Sec. 5612) Provides for an increased certification period for certain organ procurement organizations. Division 2: Medicaid and Children's Health Insurance Initiatives - Subtitle I: Medicaid - Chapter 1: Medicaid Savings - Amends SSA title XIX to establish a new part B (Managed Care) giving States the option to require Medicaid-eligible, non-special needs individuals to enroll in managed care arrangements of the individual's choice as a condition of receiving Medicaid. Prescribes requirements for: (1) referral to specialty care; (2) treatment of children with special health care needs; (3) access to emergency care; (4) annual external independent review of managed care entity activities and other specified quality care assurance measures; (5) fraud and abuse prohibitions and protections; and (6) enforcement sanctions. (Sec. 5701) Directs the Secretary to report to specified congressional committees on the effect of managed care entities on the delivery of and payment for the services traditionally provided through certain providers. Directs the Secretary and the Comptroller General to report annually to specified congressional committees on rates paid for hospital services under managed care entities. Directs the Institute of Medicine of the National Academy of Sciences to analyze the quality assurance programs and accreditation standards applicable to managed care entities operating in the private sector or under Medicare contracts to determine if such programs and standards consider the accessibility and quality of the health care items and services delivered under such contracts to low-income individuals. (Sec. 5702) Amends SSA title XIX to grant States the option of providing Medicaid coverage of primary care case management services without the need for a waiver. (Sec. 5703) Repeals the (75-25) requirement that Medicare and Medicaid beneficiaries under SSA titles XVIII and XIX, respectively, constitute less than 75 percent of the membership of a participating HMO. Repeals the prohibition on co-payments for services furnished by HMOs. (Sec. 5711) Repeals "Boren Amendment" provider reimbursement requirements. Requires the Secretary to study and report to the appropriate congressional committees on the effect on access to services, service quality, and service safety of the rate-setting methods used by States as a result of such repeal. (Sec. 5712) Revises requirements for Medicaid payment rates for qualified Medicare beneficiaries, placing a limitation on nonparticipating providers. (Sec. 5713) Provides that a State shall not be deemed out of compliance with certain such requirements because the State contracts, on a capital or other negotiated basis, with selected health care plans, individual health care providers, managed care entities, or other entities for the provision or arrangement of medical assistance, for case management services, or for coordination of medical assistance provided under the State Medicaid plan. (Thus eliminates the requirement of a waiver.) (Sec. 5721) Revises specified limitations of Federal payments for inpatient hospital services furnished by disproportionate share hospitals (DSH), including limitations on certain State DSH expenditures to institutions for mental diseases or other mental health facilities. Chapter 2: Expansion of Medicaid Eligibility - Grants States the option to: (1) permit workers with disabilities to buy into Medicaid; and (2) provide for 12-month continuous Medicaid eligibility for children. Chapter 3: Programs of All-Inclusive Care for the Elderly (PACE) - Authorizes a State to establish a program of all-inclusive care for the elderly (PACE) for individuals who need not be eligible for Medicare part A benefits, or enrolled under Medicare part B. Requires the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under the Medicare and Medicaid programs, specifically comparing costs, quality, and access to services by private, for-profit entities operating under demonstration project waivers with those of other PACE providers. Chapter 4: Medicaid Management and Program Reforms - Repeals: (1) the requirement that a State pay for private insurance; (2) obstetrical and pediatric payment rate and various other specified requirements; and (3) certain physician qualification requirements. Authorizes a State to impose cost-sharing for any Medicaid provided to certain individuals. (Sec. 5755) Revises a specified penalty for fraudulent eligibility. (Sec. 5756) Prohibits the expenditure of Medicaid funds for roads, bridges, stadiums, and other items and services not covered by a State plan. Conditions issuance or renewal of a DME supplier provider number on the supplier's provision of a surety bond and disclosure of all persons with ownership or control interests in the supplier, and of all subcontractors in which the supplier has a five percent or greater interest. Requires home health agencies to provide a surety bond. Revises conflict-of-interest safeguards. Declares that States are not required to provide medical assistance for items or services furnished by a person or entity convicted of a felony for an offense inconsistent with the best interests of beneficiaries under the State plan. Requires State action for program and beneficiary protection against waste, fraud, and abuse. Directs the Administrator of the Health Care Financing Administration to: (1) develop mechanisms to better monitor and prevent inappropriate Medicaid payments in the case of individuals who are dually eligible for Medicaid and Medicare benefits; (2) study the use of case management or care coordination in order to improve the appropriateness, quality, and cost effectiveness of care for dually- eligible individuals; and (3) work with the States to ensure better care coordination for dual eligibles. (Sec. 5757) Requires the Secretary to study and report to the Congress on: (1) early and periodic screening, diagnostic, and treatment benefits; and (2) the effectiveness of managed care entities in meeting the needs of Medicaid enrollees with special health care needs. Chapter 5: Miscellaneous - Provides for: (1) increased Federal medical assistance percentages (FMAPs) for the District of Columbia and Alaska and increased payment caps for the territories; (2) coverage of community-based mental health services and optional coverage of certain Centers for Disease Control screened breast cancer patients; and (3) treatment of veterans pensions. (Sec. 5765) Revises the treatment as broad-based health care related taxes of certain State hospital taxes which currently are not subtracted as revenues from the State share of Medicaid expenditures for purposes of calculating the Federal share of such expenditures. Declares that an exemption from such State hospital tax for certain Federal-tax-exempt hospitals that do not accept Medicaid or Medicare payments (provide free care) shall not disqualify the hospital tax as a broad-based health care related tax (thus allowing continued exclusion of such State hospital tax from the requirement that provider-specific taxes be subtracted from the State share of Medicaid expenditures for purposes of Federal share calculation). Subtitle J: Children's Health Insurance Initiatives - Amends SSA to add a new title XXI (Child Health Insurance Initiatives) in order to provide funds to States to expand the provision of health insurance coverage to low-income children. Mandates coverage that is actuarially equivalent to the benefits required to be offered for a child under the Federal Employees' Health Benefits Program (FEHBP). Requires the use of funds to achieve such purpose through specified outreach activities and, at the State's option, through: (1) a grant program to subsidize employee contributions to a group health plan for health insurance coverage for a dependent low-income child, or to provide FEHBP-equivalent children's health insurance coverage for low- income children in the State; or (2) expansion of coverage of such children under the State Medicaid program who are not otherwise required to be provided medical assistance under Medicaid. Makes appropriations to carry out this title. Directs the Secretary to establish a basic allotment pool for distribution of funds to eligible States, with provision for bonus payments, including incentive bonuses. Prohibits their use for abortions except when necessary to save the life of the mother or if the pregnancy results from rape or incest. Exempts such a State program from the five-year limit on means-tested public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Division 3: Income Security and Other Provisions - Subtitle K: Income Security, Welfare-to-Work Grant Program, and Other Provisions - Chapter 1: Income Security - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make aliens eligible for Supplemental Security Income (SSI) who, as of the date of enactment of such Act, were: (1) receiving such benefits; or (2) disabled and lawfully residing in the United States. Includes Cuban and Haitian entrants within the definition of "qualified alien" for purposes of welfare and public benefits. (Sec. 5812) Extends from five years to seven years the refugee and asylee eligibility period for SSI and Medicaid, and includes Cuban and Haitian entrants within such category. Provides a five-year food stamp eligibility period for such aliens. (Sec. 5813) Exempts from SSI eligibility limitations: (1) permanent resident aliens who are members of an Indian tribe; and (2) certain SSI recipients with pre-January 1, 1979 applications. (Sec. 5816) States that an alien who is ineligible for food stamps shall not be eligible for such program based upon SSI eligibility. Authorizes Medicaid eligibility based upon SSI eligibility. (Sec. 5817) Exempts legal aliens under the age of 19 from the five-year Medicaid limitation. Chapter 2: Welfare-to-Work Grant Program - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 5821) Sets forth requirements relating to State entitlement to non-competitive grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on program effectiveness and other factors, for State-approved projects proposed by local governments. Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. Provides for such grants to outlying areas and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a plan to evaluate the use of such grants; and (2) submit interim and final reports to the Congress. (Sec. 5822) Authorizes State plans to: (1) consolidate and automate the administration of low-income benefit programs, including Medicaid; and (2) contract competitively for the administration of such programs. (Sec. 5823) Revises PRWORA with respect to a State's ability to sanction an individual receiving assistance under the TANF program for noncompliance. Chapter 3: Unemployment Compensation - Amends SSA title IX (Employment Security) with respect to unemployment compensation to increase the Federal Unemployment Account ceiling. (Sec. 5832) Provides for a special distribution to States from the Unemployment Trust Fund. (Sec. 5833) Revises provisions relating to State laws defining base periods for unemployment compensation. (Sec. 5834) Revises the Internal Revenue Code exclude from the definition of employment, for specified unemployment compensation purposes, any service performed by a prison inmate. Division 4: Earned Income Credit and Other Provisions - Subtitle L: Earned Income Credit and Other Provisions - Chapter 1: Earned Income Credit - Prohibits allowing the earned income credit for: (1) ten years, if the credit was found to have been fraudulently claimed; and (2) two years, if the credit was claimed with intentional or reckless disregard of the earned income credit rules. Chapter 2: Increase in Public Debt Limit - Increases the public debt limit. Chapter 3: Miscellaneous - Expresses the sense of the Senate that all cost-of-living adjustments required by statute should accurately reflect the best available estimate of changes in the cost of living. Subtitle M: Welfare Reform Technical Corrections - Welfare Reform Technical Corrections Act of 1997 - Chapter 1: Block Grants for Temporary Assistance to Needy Families - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to make various specified technical as well as substantive amendments with regard to sundry (welfare reform) provisions added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA). (Sec. 5902) Provides for a later deadline for submission of State TANF plans. (Sec. 5903) Revises the computation of bonus grants to States for a decrease in illegitimacy, requiring: (1) use of calendar year instead of fiscal year data; (2) use of the ratio of out-of-wedlock births to all births instead of the number of out-of-wedlock births; and (3) that certain territories be taken into account. Revises the formula for annual reconciliation of payments to States with specified maximums. Limits to non-needy States the requirement for annual State remission of excess funds to HHS. (Sec. 5905) Revises specified mandatory work requirements. States that a family with a disabled parent shall not treated as a two-parent family. Allows the minimum work requirement for a two-parent family to be shared between both parents, if it amounts to a total of at least 55 hours per week. Deems the caretaker relative of a child under age six to meet work requirements if he or she is engaged in work for 20 hours per week. Allows 12 weeks of job search to count as work in a needy State. Extends to married teens the rule that receipt of sufficient education is enough to meet work participation requirements. Exempts teen parents from the limitation on the number of persons that may be treated as engaged in work by virtue of participation in vocational education activities. (Sec. 5906) Reinstates certain special rules applicable to aliens (non-213A aliens) who entered the country under affidavits of support formerly used (before PRAWORA added section 213A to the Immigration and Nationality Act, requiring such affidavits to be contracts enforceable against the sponsor by the alien or by the Federal Government for recovery of any public assistance paid the alien). Revises the income deeming rule for such aliens. (Sec. 5907) Changes from one month to 45 days the deadline for States to file quarterly reports before incurring a penalty. Conforms TANF penalties to those under SSA title IV part D (Child Support and Establishment of Paternity). Provides for additional State TANF grant reductions for States which fail to expend additional State funds to replace previous grant penalty reductions. (Sec. 5908) Requires State quarterly reports to specify: (1) any disability benefits a child is receiving; (2) whether or not a family member under age 20 is also a parent of a child in the family; and (3) the number of families and individuals receiving TANF, and the total dollar value of TANF received by all families. (Sec. 5909) Reduces appropriations for tribal work activities programs. (Sec. 5910) Revises requirements for the methodology for determining child poverty rates to require county-by-county estimates of children in poverty only to the extent available. (Sec. 5913) Amends SSA title XI to: (1) revise the limitation on total payments to each territory under TANF and other specified SSA programs to require the disregard of certain payments under TANF in determining such limitation; and (2) treat certain child care and social services expenditures by territories as SSA title IV part A expenditures for matching grant purposes. (Sec. 5914) Makes conforming amendments to SSA title IV parts D (Child Support and Establishment of Paternity) and E (Foster Care and Adoption Assistance). (Sec. 5917) Amends PRAWORA with regard to the denial of assistance and benefits for drug-related convictions. Revises the exemption from benefit denial for convictions on or before enactment of PRAWORA to specify convictions relating to conduct on or before such enactment date. Chapter 2: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) and PRAWORA to make conforming and technical amendments relating to certain eligibility restrictions on prisoners and eligibility redeterminations and continuing disability reviews with respect to SSI benefits for disabled children. (Sec. 5924) Amends SSA title XI part A (General Provisions) to designate the Commissioner of Social Security instead of the HHS Secretary as the authority who shall determine the timing of grants and payments for jointly financed cooperative agreements or grants concerning SSA title XVI research or demonstration projects. Chapter 3: Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) to modify child support requirements affecting: (1) individuals subject to fee for child support enforcement services; (2) distribution of State-collected support and State options for applicability of certain rules; (3) distribution of collections with respect to families receiving assistance and families under certain agreements; (4) civil penalties for failure to report required information to a State Directory of New Hires; (5) uses of the Federal Parent Locator Service, including access to its registry data for research purposes; (6) collection and use of social security numbers for child support enforcement purposes in State certificates and licenses for marriage, occupational, professional and commercial activities; (7) availability of funds earmarked for the Federal Parent Locator Service; (8) authority to collect child support from Federal employees; (9) direct Federal grants to Indian tribes for child support enforcement; (10) State retention of child support amounts collected on behalf of a child for whom a public agency is making foster care maintenance payments to the extent necessary to reimburse it for such payments; (11) high-volume automated administrative enforcement in interstate cases; and (12) statutory procedures to ensure that persons with child support arrearages have a work or payment plan. (Sec. 5956) Requires State plans for child and spousal support to: (1) mandate notification to the Secretary, whenever the Federal Parent Locator Service is utilized, that the State has reasonable evidence of domestic violence or child abuse, and that disclosure of such information could jeopardize the victims; and (2) prescribe safeguard procedures for State courts to utilize upon notification that the Secretary has such evidence, including a proscription against court disclosure. (Sec. 5959) Amends PRAWORA, with respect to the temporary limitation on payments under the special Federal matching rate for the development costs of automated systems, to revise the formula for allocation of such limitation to include certain systems approved by the Secretary to receive enhanced development funding, as well as systems that have received funding pursuant to a waiver. Chapter 4: Restructuring Welfare and Public Benefits for Aliens - Subchapter A: Eligibility for Federal Benefits - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make certain aliens eligible for Medicare and Railroad Retirement Act benefits. (Sec. 5966) Makes technical corrections with respect to: (1) aliens under withheld deportation; (2) notification of unlawfully present aliens; and (3) Cuban and Haitian entrants. (Sec. 5967) Requires alien veterans to have fulfilled minimum active duty service requirements to be eligible for specified Federal and State public assistance programs. Extends assistance eligibility to the unremarried surviving spouse of such a veteran. (Sec. 5970) States that the term "Federal public benefit" shall not apply with respect to grants, contracts, or appropriations to citizens of a freely associated state under specified circumstances. (Sec. 5971) Expresses the sense of the Congress that permanent resident Hmong and other Highland Lao veterans who fought on behalf of the United States during the Vietnam conflict should be considered veterans for purposes of continuing certain assistance benefits. Subchapter B: General Provisions - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to the treatment of certain battered aliens as "qualified aliens" to: (1) transfer determination authority from the Attorney General to the providing agency; and (2) include the alien child of a battered parent under such definition and under the special income attribution rule. (Sec. 5973) Directs the Attorney General to promulgate procedures for State verification of alien eligibility. (Sec. 5974) Amends provisions concerning qualifying social security quarters. Subchapter C: Miscellaneous Clerical and Technical Amendments; Effective Date - Amends part A (Temporary Assistance for Needy Families) of the Social Security Act to require States receiving specified grants to provide the Immigration and Naturalization Service with identifying information about illegal aliens. Makes technical corrections to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Chapter 5: Child Protection - Amends the Social Security Act to make technical and conforming amendments relating to child protection. Chapter 6: Child Care - Amends the Social Security Act to make technical and conforming amendments relating to child care. (Sec. 5987) Repeals: (1) the Child Development Associate Scholarship Assistance Act of 1985; and (2) the State Dependent Care Development Grants Act. Amends the Elementary and Secondary Education Act of 1965 to repeal the Federal grant eligibility of specified child care programs for at-risk secondary school students who are parents and their children. Amends the Native Hawaiian Education Act to repeal the authority to make direct grants to Native Hawaiian Family-Based Education Centers. Chapter 7: ERISA Amendments Relating to Medical Child Support Orders - Amends the Employee Retirement Income Security Act of 1974 (ERISA), with respect to group health plan coverage of children under a medical child support order, pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), to permit payment of plan benefits to a State or local official in lieu of the child. (Sec. 5992) Requires treatment as a medical child support court order of specified similar administrative orders. (Sec. 5993) Repeals the requirement that a medical child support order specify each health benefit plan to which it applies. Title VI: Committee on Governmental Affairs - Subtitle A: Civil Service and Postal Positions - Specifies increases in certain contributions to Federal civilian retirement systems. (Sec. 6002) Modifies the formula under which the Government contribution for health benefits for a Federal employee or annuitant enrolled in the Federal Employees Health Benefits Program is determined. (Sec. 6003) Repeals the requirement authorizing transitional appropriations to the Postal Service Fund. Subtitle B: GSA Property Sales - Mandates the sale of Governors Island, New York. (Sec. 6012) Mandates the sale of specified air rights adjacent to Washington Union Station, including the air rights of Amtrak transferred to the Administrator of General Services (GSA). Directs Amtrak, as a condition of future Federal financial assistance, to transfer specified air rights to the GSA on or before December 31, 1997. Prohibits Amtrak from obligating Federal funds if it fails to comply. Title VII: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to title IV student assistance programs. (Sec. 7001) Directs the Secretary of Education to recall for deposit in the Treasury a specified amount of the reserve funds of State and nonprofit private loan insurance programs held by guaranty agencies on September 1, 2002. Denies the Secretary any authority to direct a guaranty agency to return reserve funds before such date. Requires each guaranty agency, between FY 1998 and 2002, to transfer a certain portion of its equitable share of the projected recall amount into restricted accounts for investment in U.S. obligations or other similarly low-risk securities. (Sec. 7002) Repeals the requirement that the Secretary pay direct loan origination fees to institutions of higher education. (Sec. 7003) Sets funding levels through FY 2002 for mandatory administrative expenses for the student financial aid programs. Reduces the previously authorized level of appropriations for FY 1998 ($750 million), while authorizing increasing amounts for subsequent fiscal years until the level reaches $750 million for FY 2002. Prescribes a formula for the calculation of administrative cost allowances payable to guaranty agencies. (Sec. 7004) Extends the HEA title IV student assistance program through FY 2002. Title VIII: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1997 - Subtitle A: Extension of Temporary Authorities - Extends through December 1, 2002, the authority of the Secretary of Veterans Affairs to issue and guarantee the principal and interest on certificates or other securities representing an interest in a pool of mortgage loans made to veterans and guaranteed by the Secretary. Extends through FY 2002: (1) the authority of the Secretary to charge a home loan fee under the veterans' home loan guaranty program; (2) the default procedures applicable to home liquidation sales under the program; (3) the authority of the Secretary to obtain information under the Internal Revenue Code for veterans' income verification purposes; and (4) a $90 monthly pension limitation, after three months, for a veteran having neither spouse nor child and being furnished domiciliary or nursing home care by the Department of Veterans Affairs. Subtitle B: Copayments and Medical Care Cost Recovery - Amends the Omnibus Reconciliation Act of 1990 to extend through FY 2002 the authority to require certain veterans to make copayments for the receipt of Department health care benefits. Extends through FY 2002: (1) the requirement that veterans pay $2 for each 30-day supply of medication furnished through the Department for the treatment of a non-service-connected disability or condition; and (2) the right of the United States to recover from a veteran the cost of Department care and services provided for certain non-service-connected disabilities. (Sec. 8023) Establishes in the Treasury the Department of Veterans Affairs Medical Care Collections Fund for receipt of amounts recovered or collected by the Department for the provision of certain reimbursable health care and services provided to veterans and their spouses and dependents. Specifies authorized Fund uses. Transfers to the Fund any unobligated balance of the Department of Veterans Affairs Medical-Care Cost Recovery Fund. Subtitle C: Other Matters - Provides for the rounding down to the next lower dollar of cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates for FY 1998 through 2002. Allows such adjustments to be no more than the percentage adjustment to social security increases for such year. (Sec. 8032) Increases the home loan fee rate charged for the purchase from the Department of repossessed homes (homes the loans for which were defaulted by veterans under the home loan guaranty program). (Sec. 8033) Revises the notification procedures under which the Secretary may waive all or part of the indebtedness owed by a veteran on account of any loan made to, or assumed or guaranteed by, the Department.

Revenue Reconciliation Act of 1997

United States · United States Congress · 20 June 1997

TABLE OF CONTENTS: Title I: Child Tax Credit and Other Family Tax Relief Title II: Education Incentives Subtitle A: Tax Benefits Relating to Education Expenses Subtitle B: Expanded Education Investment Savings Opportunities Subtitle C: Other Education Initiatives Title III: Savings and Investment Incentives Subtitle A: Retirement Savings Subtitle B: Capital Gains Title IV: Estate, Gift, and Generation-Skipping Tax Provisions Title V: Extensions Title VI: Incentives for Revitalization of the District of Columbia Title VII: Miscellaneous Provisions Subtitle A: Provisions Relating to Excise Taxes Subtitle B: Provisions Relating to Pensions and Fringe Benefits Subtitle C: Revisions Relating to Disasters Subtitle D: Provisions Relating to Small Businesses Subtitle E: Foreign Provisions Subtitle F: Other Provisions Title VIII: Revenues Subtitle A: Financial Products Subtitle B: Corporate Organizations and Reorganizations Subtitle C: Other Corporate Provisions Subtitle D: Administrative Provisions Subtitle E: Excise Tax Provisions Subtitle F: Provisions Relating to Tax-Exempt Entities Subtitle G: Foreign Provisions Subtitle H: Other Revenue Provisions Title IX: Foreign-Related Simplification Provisions Subtitle A: General Provisions Subtitle B: Treatment of Controlled Foreign Corporations Subtitle C: Repeal of Excise Tax on Transfers to Foreign Entities Subtitle D: Information Reporting Subtitle E: Determination of Foreign or Domestic Status of Partnerships Subtitle F: Other Simplification Provisions Title X: Simplification Provisions Relating to Individuals and Businesses Subtitle A: Provisions Relating to Individuals Subtitle B: Provisions Relating to Businesses Generally Subtitle C: Simplification Relating to Electing Large Partnerships Subtitle D: Provisions Relating to Real Estate Investment Trusts Subtitle E: Provisions Relating to Regulated Investment Companies Subtitle F: Taxpayer Protections Title XI: Simplification Provisions Relating to Estate and Gift Taxes Title XII: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters Subtitle A: Excise Tax Simplification Subtitle B: Tax-Exempt Bond Provisions Subtitle C: Tax Court Procedures Subtitle D: Other Provisions Title XIII: Pension Simplification Title XIV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation Revenue Reconciliation Act of 1997 - Title I: Child Tax Credit and Other Family Tax Relief - Amends the Internal Revenue Code (IRC) to allow a tax credit of up to $500 dollars for each qualifying child of a taxpayer. (Sec. 102) Increases the exemption amounts applicable to the alternative minimum tax for individuals. Title II: Education Incentives - Subtitle A: Tax Benefits Relating to Education Expenses - Permits an individual a tax credit of up to $1,500 per year for the first two years of qualified post- secondary education. (Sec. 202) Permits a deduction of up to $2,500 for interest paid during the first five years interest is due on a qualified higher education loan. Makes a dependent ineligible for the deduction if a personal exemption is taken with respect to such dependent. (Sec. 203) Waives the ten percent early withdrawal tax due on IRA distributions if the withdrawal is used to pay higher education expenses. Subtitle B: Expanded Education Investment Savings Opportunities - Excludes from gross income education distributions for qualified higher education expenses from State tuition programs. (Sec. 212) Permits an eligible institution to maintain a qualified State tuition program. Includes room and board in the definition of qualified higher education expenses. Makes additional modifications to the qualified State tuition program including, among other things, provisions concerning: (1) the definition of a family member; (2) estate and gift tax treatment; and (3) excess contributions. (Sec. 213) Exempts an education individual retirement account (defined as a trust created exclusively to pay qualified higher education expenses) from taxation, subject to an exception relating to the imposition of tax on unrelated business income of charitable organizations. Subtitle C: Other Education Initiatives - Permanently extends the exclusion for employer-provided educational expenses. Repeals, with respect to such expenses, the limitation on graduate education. (Sec. 222) Repeals the $150 million limit applicable to qualified 501(c)(3) (charitable organization) bonds. (Sec. 223) Increases the arbitrage rebate exception for public school capital expenditure bonds. (Sec. 224) Makes the two-percent floor on miscellaneous itemized deductions inapplicable to certain elementary and secondary teacher education expenses. Title III: Savings and Investment Incentives - Subtitle A: Retirement Savings - Increases the income limits for active participants with respect to the IRA (Individual Retirement Account) deduction. Removes limitations on a spouse's participation. (Sec. 302) Permits individuals to establish IRA Plus accounts which shall be treated similarly to IRAs. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including excluding qualified distributions from gross income). (Sec. 303) Permits distributions without penalty for: (1) first home purchases; and (2) certain unemployed individuals. (Sec. 304) Permits the investment of IRA assets in certain bullion. Subtitle B: Capital Gains - Reduces the maximum capital gains rate for individuals from 28 to 20 percent. (Sec. 312) Makes the 50 percent exclusion for gain from the sale of small business stock applicable to corporations as well as to individuals. (Sec. 313) Permits the nontaxable rollover of the gain from the sale of small business stock to another qualified small business stock, if done within 60 days of the sale date. (Sec. 314) Revises provisions concerning the one-time exclusion for the gain from the sale of a principal residence to, among other things: (1) increase the exclusion to $250,000 ($500,000 for certain joint returns); (2) allow the exclusion once every two years; and (3) remove the age limitation. Title IV: Estate, Gift, and Generation-Skipping Tax Provisions - Increases, incrementally, the unified estate and gift tax credit to $1 million by the year 2006. (Sec. 402) Provides, in general, for the exclusion from the estate tax of the first $1 million of the value of a qualified family owned business. (Sec. 403) Excludes from the estate tax a portion of land subject to a qualified conservation easement. (Sec. 404) Extends from 10 to 20 the number of installments permitted to an estate for making payments of the estate tax in an estate consisting largely of an interest in a closely held business. Revises provisions concerning the payment of interest on such tax. (Sec. 406) Permits a lineal descendent to rent specially-valued farm or trade property without imposition of the additional estate tax. (Sec. 407) Extends the predeceased parent exception to transfers to collateral heirs, as specified. Title V: Extensions - Extends: (1) the research tax credit until December 31, 1999; (2) the special rule for contributions of stock (for which market quotations are readily available) to private foundations until December 31, 1999; (3) the work opportunity tax credit for 22 months; and (4) permanently, the orphan drug credit. Title VI: Incentives for the Revitalization of the District of Columbia - Permits, in the District of Columbia, the following tax incentives if, prior to January 1, 1998, a Federal law is enacted creating an entity known as the Economic Development Corporation as part of the District of Columbia government: (1) a first-time homebuyers tax credit of up to $5,000; (2) the allocation of up to $75 million in tax credits for certain investments in and loans to businesses; and (3) a zero-percent capital gains rate for capital gains resulting from the sale of qualified assets held over five years. Title VII: Miscellaneous Provisions - Subtitle A: Provisions Relating to Excise Taxes - Repeals the diesel fuel tax applicable to diesel fuel used in recreational boats. (Sec. 702) Establishes the Intercity Passenger Rail Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) each non-Amtrak State. (Sec. 703) Provides for the tax treatment of certain hard cider derived from apples. (Sec. 704) Provides for the transfer of a portion of the 4.3 cents per gallon General Fund motor fuel excise tax to the Highway Trust Fund. (Sec. 705) Revises the rate of tax on certain special motor fuels (benzol, naphtha, and etc). (Sec. 706) Directs the Secretary of the Treasury to conduct a study concerning the options for changing the collection point of the distilled spirits excise tax. (Sec. 707) Extends the alcohol used as fuel credit until December 31, 2007, and the related excise tax exemption until September 30, 2007. (Sec. 708) Adds provisions which regulate the use of semi-generic designations on wine labels. Subtitle B: Provisions Relating to Pensions and Fringe Benefits - Eliminates the percentage (100 percent of compensation or a specified dollar amount) limitation for a defined benefit compensation plan thereby subjecting such plans only to the dollar (indexed for inflation) limitation. (Sec. 712) Modifies rules concerning the partial termination of a pension plan. (Sec. 713) Increases the full funding limit for defined benefit pension plans. (Sec. 714) Requires written spousal consent for distributions from qualified cash or deferred arrangement plans. (Sec. 715) Excludes contributions from a self-employed minister to a church plan on the same basis as if such minister were a church employee. (Sec. 716) Repeals application of the unrelated business income tax for an employee stock ownership plan that is an S corporation shareholder. Subtitle C: Revisions Relating to Disasters - Provides special treatment for income from the sale of livestock sold or involuntarily converted because of drought or other weather related conditions. (Sec. 722) Disregards gain or loss from the sale of livestock for purposes of the earned income credit. (Sec. 723) Waives, with respect to qualified mortgage bond financing, specified requirements for residences located in disaster areas. Subtitle D: Provisions Relating to Small Businesses - Waives any penalty through July 1, 1998, for a taxpayer first required to use the electronic fund transfer system after July 1, 1997, and who does not use such system. (Sec. 732) Permits the use of the installment method of accounting for purposes of computing alternative minimum taxable income. Subtitle E: Foreign Provisions - Provides that computer software is not excluded from the definition of export property under the foreign sales corporation provisions. (Sec. 742) Directs the Secretary to prescribe regulations which determine the extent to which a taxpayer will be denied benefits under an income tax treaty with respect to income from a hybrid entity. (Sec. 743) Excepts certain cash, securities, and obligations from the definition of U.S. property for purposes the controlled foreign corporation (CFC) rules. (Sec. 744) Excepts for purposes of CFC rules, for the 1998 taxable year, certain income derived by a foreign personal holding company in the active conduct of an insurance, banking, financing, or similar business. (Sec. 745) Provides for the treatment of the income nonresident aliens earned as a crew member of a foreign vessel temporarily in the United States, including treating such income as foreign source income. (Sec. 751) Provides generally that certain U.S. shareholders of controlled foreign corporations will not be subject to passive foreign investment company inclusion. (Sec. 752) Allows, as specified, a mark-to-market election by a shareholder of a passive foreign investment company. Subtitle F: Other Provisions - Provides for the tax-exempt status of any organization created by State law which is organized and operated exclusively to provide workmen's compensation. (Sec. 762) Excepts an existing partnership which elects to be subjected to a specified additional tax from the general rule that a publicly traded partnership be treated as a corporation. (Sec. 763) Excludes certain sponsorship payments received by a tax-exempt organization from unrelated taxable income. (Sec. 764) Permits timeshare associations to be taxed under provisions provided for the taxation of other homeowners associations. (Sec. 765) Increases the business meals deduction for certain individuals: (1) subject to the hours of service limitations of the Department of Transportation; and (2) working at specified northern food processing facilities. (Sec. 766) Permits a State or local government employee to deduct expenses incurred in connection with such employment. (Sec. 767) Increases, for purposes of computing the charitable deduction for the use of a passenger automobile, the standard mileage rate. (Sec. 768) Permits: (1) a taxpayer to treat any qualified environmental remediation expenditure incurred by the taxpayer as an expense which is not chargeable to capital account; and (2) any expenditure so treated to be allowed as a deduction. (Sec. 769) Directs the Secretary of the Treasury to provide for a demonstration project assessing the feasibility and desirability of expanding combined Federal and State tax reporting. (Sec. 770) Increases the maximum capital expenditure limit for qualified small issue bonds. (Sec. 771) Extends, for two years, the credit for electricity produced from wind and closed-loop biomass. (Sec. 772) Makes the 100 percent net income limitation applicable to the oil and gas depletion deduction inapplicable for any year in which the annual average wellhead price per barrel of crude oil is less than $14 per barrel. (Sec. 773) Permits cooperative hospital service organizations to purchase patron accounts receivable on a recourse basis and remain tax-exempt. (Sec. 774) Exempts Federal Home Loan Bank Board bonds from the general rule that interest on Federally guaranteed bonds is not tax- exempt. (Sec. 775) Sets forth rules concerning the: (1) period for the deduction for traveling expenses while working away from home, including special rules for construction workers; (2) charitable contribution deduction for certain expenses incurred in support of Native Alaskan subsistence whaling; (3) eligibility criteria for the designation of future enterprise zones in Alaska or Hawaii; (4) de minimis fringe benefit rules concerning no-charge employee meals; and (5) standard for determining the employment tax status of securities brokers. Title VIII: Revenues - Subtitle A: Financial Products - Provides that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. (Sec. 802) Modifies the definition of an investment company for purposes of determining whether a gain or loss is recognized if property is transferred to a corporation by one or more persons solely in exchange for stock and immediately such person or persons controls such corporation. (Sec. 803) Extends to all property (currently, only personal property) specified provisions concerning gains or losses from certain cancellations or other terminations of rights or obligations which are capital assets. Subtitle B: Corporate Organizations and Reorganizations - Revises provisions concerning a corporate shareholder's basis in stock being reduced by the nontaxed portion of extraordinary dividends received to provide that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain for the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. (Sec. 812) Revises rules for: (1) distributions of stock and securities of a controlled corporation; (2) redemptions of stock through the use of related corporations; and (3) the holding period applicable to the dividends received deduction. Subtitle C: Other Corporate Provisions - Revises provisions concerning the registration of tax shelters. Includes as a tax shelter any plan: (1) with a significant purpose being the avoidance of Federal income tax for a corporation; (2) offered to any potential participant under conditions of confidentiality; and (3) for which promoters receive in excess of $100,000. Requires the registration of a corporate tax shelter promoter. (Sec. 822) Treats, subject to exceptions, certain preferred stock as boot. Subtitle D: Administrative Provisions - Sets forth provisions concerning: (1) the reporting of payments made by Federal agencies to corporations; (2) extending the Department of Veterans Affairs disclosure provision; (3) requiring consistent reporting of the return of a beneficiary's estate or trust return and the return of the estate or trust; and (4) a continuous levy, levy exemptions, and levy disclosure. Subtitle E: Excise Tax Provisions - Extends, for ten years, the Airport and Airway Trust Fund taxes. (Sec. 842) Restores, for ten years, the Leaking Underground Storage Tank Trust Fund excise tax. (Sec. 843) Applies the three percent communications tax to long- distance prepaid telephone cards. (Sec. 844) Replaces the varied excise tax rates on vaccines with a single tax rate of 84 cents per dose. (Sec. 845) Permits a credit against the manufacturers' excise tax paid with respect to the tire tax on certain truck tires. (Sec. 846) Increases the excise tax rate on all tobacco products. Subtitle F: Provisions Relating to Tax-Exempt Entities - Modifies provisions concerning interest, annuities, royalties, and rents received by a tax-exempt organization from a subsidiary and the unrelated business income tax to define the term "control" of a subsidiary to mean ownership of more than 50 percent. (Sec. 852) Provides, as a general rule, that in the case of a sale or exchange between a tax-exempt entity and a related person, the basis of the related person in the property acquired shall not exceed the adjusted basis of such property in the hands of the tax-exempt entity, increased by the gain recognized to the tax-exempt entity on the transfer which is subject to the unrelated business income tax. (Sec. 853) Provides for the tax treatment of Mutual of America. Subtitle G: Foreign Provisions - Treats as foreign personal holding company income: (1) income from notional principal contracts; and (2) payments in lieu of dividends. Provides, for dealers, for an exception from certain foreign personal holding company income provisions. (Sec. 862) Provides, for purposes of like-kind exchanges, that personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind. (Sec. 863) Establishes minimum holding periods for stock dividends in order to qualify for foreign tax credits. (Sec. 864) Treats as U.S. source income income from the sale of property by a U.S. resident to another U.S. resident for use, consumption, or disposition in the United States, if the sale is not attributable to an office maintained by the seller outside the United States. (Sec. 865) Prohibits the reduction of interest on underpayments by foreign tax credit carrybacks. (Sec. 866) Sets forth provisions concerning: (1) the period of limitations on a claim for a credit or refund attributable to a foreign tax carryforward; (2) the reduction of the foreign tax credit carryback period and the increase of the foreign tax credit carryforward period; and (3) the repeal of the exception concerning the use of foreign tax credits for purposes of the alternative minimum tax. Subtitle H: Other Revenue Provisions - Prohibits a family farm establishing a suspense account when required to use the accrual method of accounting. (Sec. 872) Limits the net operating loss carryback period to two years and extends the net operating loss carryforward period to 20 years. (Sec. 873) Prohibits, with respect to life insurance, a deduction for that portion of the taxpayer's interest expense which is allocable to unborrowed policy cash values, subject to exceptions. (Sec. 874) Modifies basis allocation rules upon distribution of partnership property. (Sec. 875) Eliminates the requirement that inventory must have substantially appreciated in value to cause ordinary income with respect to rules concerning sales and exchanges of partnership interests. (Sec. 876) Permits the income forecast method of depreciation to be used only for film and video tape, copyrights, books, patents, and other property specified in regulations. (Sec. 877) Sets forth provisions which: (1) require that involuntarily converted property be replaced with property acquired from an unrelated person in certain cases; (2) repeal the exception permitting the use of the installment method of accounting for certain sales by manufacturers to dealers; (3) increase the limit on involuntary pension cash-outs; (4) include a parking benefit in income only if an employee chooses a cash benefit instead of parking; (5) extend the current 6.2 unemployment tax rate through calendar year 2007; (6) repeal the excess distribution and excess retirement accumulation tax; (7) revise the treatment of charitable remainder trusts with a greater than 50 percent annual payout; (8) increase the tax on prohibited pension transactions by five percent; and (9) revise the basis recovery rules for annuities received over more than one life. Title IX: Foreign-Related Simplification Provisions - Subtitle A: General Provisions - Exempts from the foreign tax credit limitation certain individuals whose entire gross income from sources outside the United States consists of qualified passive income and whose amount of creditable foreign taxes paid does not exceed $300. (Sec. 902) Revises the method of translating foreign income taxes into dollars by providing, in general, for the use of the average exchange rate for the taxable year. Subtitle B: Treatment of Controlled Foreign Corporations - Provides, with respect to controlled a foreign corporation, for: (1) the treatment of gain on certain stock sales by controlled foreign corporations as dividends; (2) regulations concerning basis adjustments of stock in controlled foreign corporation; and (3) extending the application of the indirect foreign tax credit to taxes paid by certain lower-tier controlled foreign corporations. Subtitle C: Repeal of Excise Tax on Transfers to Foreign Entities - Repeals Chapter 5 (Tax on Transfers to Avoid Income Tax) of the IRC. Provides for the recognition of gain on certain transfers to foreign trusts and estates. Subtitle D: Information Reporting - Revises provisions concerning: (1) the return requirement for foreign partnership income; (2) information reporting for controlled foreign corporations; (3) returns as to interests in foreign partnerships; (4) notice of certain transfers to foreign corporations; (5) the statute of limitations applicable in the case of failure to notify the Secretary of certain transactions; and (6) increasing the filing threshold for returns as to organization or reorganization of foreign corporations and acquisitions of stock in such corporations. Subtitle E: Determination of Foreign or Domestic Status of Partnerships - Revises the definition of "domestic" when applied to a corporation or partnership to permit the Secretary, by regulation, to provide an exception to such definition for a partnership. Subtitle F: Other Simplification - Amends the Small Business Job Protection Act of 1996 to permit a trust in existence on August 20, 1996, and which was treated as a U.S. person on the day before enactment of such Act to elect to continue to be treated as a U.S. person notwithstanding the IRC definition of a U.S. person. (Sec. 952) Eliminates the stock and securities safe harbor requirement that an entity's principal office be outside the United States. Title X: Simplification Provisions Relating to Individuals and Businesses - Subtitle A: Provisions Relating to Individuals - Increases the: (1) standard deduction for a taxpayer with respect to whom a dependency exemption is allowed on another taxpayer's return; (2) the alternative minimum tax exemption for minors under the age of 14; and (3) estimated de minimis tax threshold. (Sec. 1003) Revises the treatment of: (1) reimbursed expenses of rural mail carriers; and (2) traveling expenses of certain Federal employees engaged in criminal investigations. Subtitle B: Provisions Relating to Businesses Generally - Permits a taxpayer to elect not to apply the look-back method for a long-term contract for de minimis (below 10 percent of taxable income or loss) amounts. (Sec. 1013) States that a method of determining inventories shall not be deemed not to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year, subject to conditions. (Sec. 1014) Excludes from the gross income of a lessee any amount received in cash by a lessee from a lessor: (1) under a short-term lease of retail space; and (2) for the purpose of such lessee's constructing or improving long-term real property for use in the lessee's business. Subtitle C: Simplification Relating to Electing Large Partnerships - Establishes special rules for large partnerships (100 or more partners) which: (1) take into account separately a partner's distributive share of specified items for purposes of determining the income tax of a partner; (2) compute the taxable income of a large partnership in the same manner as in the case of an individual, subject to stated exceptions; and (3) provide for the treatment of partnerships holding oil and gas properties. (Sec. 1022) Creates an audit system for electing large partnerships which provides as a general rule that a partner of any electing large partnership shall, on the partner's return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. Sets forth provisions concerning partnership adjustments which generally will flow through to partners for the year in which the adjustment takes effect. (Sec. 1031) Authorizes the Secretary, with respect to an oversheltered return (a return which shows no taxable income and shows a net loss from partnership items), to send a notice of adjustment in specified situations. (Sec. 1032) Provides, on the basis of a decision of the Secretary, that the partnership return shall determine the audit procedures to be followed. (Sec. 1033) Sets forth provisions, with respect to partnerships, concerning: (1) the statute of limitations and untimely petition filing; (2) the exception for small partnerships (under the definition of partnership); (3) the period for assessing tax where a partner and the Secretary enter a settlement agreement but other partnership items remain in dispute; (4) the time for filing a request for administrative adjustment; (5) the innocent spouse defense in court proceedings; (6) partnership level penalties; (7) court jurisdiction; (8) premature petitions; (9) bonds in appeals from Tax Court decisions; and (10) closing the taxable partnership year with respect to a deceased partner. Subtitle D: Provisions Relating to Real Estate Investment Trusts - Modifies provisions relating to qualification as, and the taxation of, a real estate investment trust, including: (1) rules relating to ownership determination; (2) tenant service income and tenant ownership; (3) repeal of the 30 percent gross income requirement; (4) earnings and profit rules; (5) income from hedges; (6) excess noncash income; and (7) shared appreciation mortgages. Subtitle E: Provisions Relating to Regulated Investment Companies - Repeals, with respect to regulated investment companies, the 30 percent test. Subtitle F: Taxpayer Protections - Provides for the waiver of certain penalties if a failure is shown to be due to reasonable cause and not willful neglect. (Sec. 1082) Permits a taxpayer who was due a refund, but who initially failed to file a return and who received a deficiency notice during the third year after the return's due date, to obtain a refund. (Sec. 1083) Repeals the requirement of the Secretary to disclose, upon request, if a prospective juror has been audited. (Sec. 1084) Specifies, for purposes of the statute of limitations, that the term "return" means the taxpayer's return and not the return of any person form whom the taxpayer has received an item of income, gain, loss, deduction, or credit. (Sec. 1085) Establishes penalties for Federal employees and others who, without proper authorization, willfully inspect any return or information. Title XI: Simplification Provisions Relating to Estate and Gift Taxes - Provides that, under specified conditions, gifts to charities are not subject to gift tax filing requirements. (Sec. 1102) Waives the right of recovery with respect to qualified terminable interest property only to the extent that the language in the decedent's will specifically indicates. (Sec. 1103) Treats any trust created before enactment of the Revenue Reconciliation Act of 1990 as satisfying the withholding requirement if it requires all trustees to be U.S. citizens or corporations. (Sec. 1104) Sets forth provisions concerning, among other things: (1) the treatment for estate tax purposes of short-term obligations held by nonresident aliens; (2) distributions during the first 65 days of the taxable year of the estate; (3) application of the separate share rules to estates; (4) treatment of an estate and a beneficiary as related for purposes of disallowance of losses; (5) treatment of a qualified funeral trust; (6) adjustments for certain gifts within three years of a decedent's death; and (7) the authority to waive the requirement that a qualified domestic trust have a U.S. trustee. Title XII: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters - Subtitle A: Excise Tax Simplification - Increases the de minimis limit for aftermarket alterations for heavy trucks and luxury cars. (Sec. 1211) Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. (Sec. 1212) Permits records of exportation to be maintained by the exporter for purposes of cancelling or crediting bonds furnished when distilled spirits are removed from bonded premises. (Sec. 1213) Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. (Sec. 1214) Allows beer to be transferred without payment of tax to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. (Sec. 1215) Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. (Sec. 1216) Repeals the requirement that wine returned to bonded premises be unmerchantable in order for the tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. (Sec. 1217) Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. (Sec. 1218) Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. (Sec. 1219) Allows beer to be removed from a brewery without payment of tax for purposes of destruction. (Sec. 1220) Permits a domestic exporter to recover the tax paid on the exported beer with specified proof. (Sec. 1221) Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. (Sec. 1231) Expands the authority of the Secretary to waive the excise tax registration requirement. (Sec. 1232) Repeals certain provisions concerning the: (1) tax on heavy trucks and trailers sold at retail; (2) tax on the removal of hard minerals from the deep seabed; and (3) excise tax on the sale or use by a manufacturer or importer of certain ozone depleting chemicals. (Sec. 1233) Revises provisions concerning: (1) the excise taxes on arrows; (2) the excise tax on skydiving flights; and (3) refunding certain aviation fuel taxes paid by a registered producer. Subtitle B: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. (Sec. 1242) Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception, if the spending requirements of that exception are otherwise satisfied. (Sec. 1243) Repeals: (1) the debt service-based limitation on investment in certain nonpurpose investments; and (2) certain expired provisions. Subtitle C: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. (Sec. 1252) Provides for a taxpayer to file a motion, rather than a petition, to seek, in the Tax Court, a redemption of interest. (Sec. 1253) Applies to estates and trusts the net worth limitations currently applicable to individuals. (Sec. 1254) Permits the Tax Court to have jurisdiction over certain employment status disputes. Subtitle D: Other Provisions - Extends the due date of the first quarter estimated tax payment of a private foundation. (Sec. 1262) Permits any Commonwealth to enter into an agreement with the Secretary providing for income tax withholding. (Sec. 1263) Revises provisions concerning the notice to a large corporation of a tax underpayment. Title XIII: Pension Simplification - Treats matching contributions for self-employed individuals the same as matching contributions for employees. (Sec. 1302) Permits an employer to establish a system under which eligible employees, through employer payroll deductions, may make contributions to an individual retirement plan. (Sec. 1303) Sets forth provisions concerning a plan accepting a rollover contribution. (Sec. 1304) Amends the Employee Retirement Income Security Act of 1974 to: (1) permit a participant's benefit in a plan to be reduced in order to satisfy the participant's liability if an order or requirement to pay arises from a civil or criminal judgment in connection with the plan; and (2) eliminate certain filing requirements. (Sec. 1306) Redefines includible compensation to: (1) include any elective deferral; and (2) certain amounts contributed by the employer at the employee's election which are not includible in the employee's gross income. (Sec. 1307) Provides for the issuance of guidelines concerning the use of new technology for plan purposes. (Sec. 1308) Exempts governmental plans from nondiscrimination and minimum participation rules. (Sec. 1309) Sets forth provisions concerning: (1) rules relating to employee stock ownership plans of S corporations; (2) the ten percent tax on nondeductible contributions; and (3) minimum funding requirements for certain plans. Title XIV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation - Sets forth, with respect to sections of the Small Business Job Protection Act of 1996 which amend the IRC, provisions concerning, among other things: (1) informational returns for those engaged in selling fish; (2) the definition of an electing small business trust; (3) the treatment of a wholly owned S corporation subsidiary; (4) the definition of unrelated trade or business for certain hospitals; (5) SIMPLE retirement plans; (6) the treatment of an employee participating in an Indian tribal government annuity; (7) definitions concerning financial asset securitization trusts; (8) definitions concerning State tuition plans; and (9) the year an adoption credit is allowed. (Sec. 1402) Sets forth, with respect to sections of the Health Insurance Portability and Accountability Act of 1996 which amend the IRC, provisions concerning, among other things: (1) the tax on nonmedical withdrawals from a medical savings account; (2) the definition of a chronically ill individual for purposes of a long-term care insurance contract; (3) deductions for the health insurance costs of self-employed individuals; (4) reporting requirements concerning long-term care contracts; (5) consumer protection provisions for long- term care insurance contracts; and (6) rules concerning expatriation to avoid tax. (Sec. 1403) Sets forth, with respect to sections of the Taxpayer Bill of Rights Act 2 which amend the IRC, provisions concerning, among other things: (1) abatement of first-tier taxes in certain cases; and (2) returns of exempt organizations. (Sec. 1404) Sets forth other provisions which amend the IRC which are related to the: (1) Energy Policy Act of 1992; (2) Uruguay Round Agreements Act; and (3) Tax Reform Act of 1984.

Budget Enforcement Act of 1997

United States · United States Congress · 20 June 1997

TABLE OF CONTENTS: Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal Title II: Enforcement Provisions Budget Enforcement Act of 1997 - Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal - Sets forth a timetable for completion of certain budget actions by the President, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO). (Sec. 102) Directs the President to submit a special message with the OMB Analysis of Actual Spending Levels and Projections for the Upcoming Year if such Analysis indicates that: (1) deficits or outlays in the most recent fiscal or budget year exceeded or are projected to exceed deficit targets or caps, as appropriate; or (2) revenues in such years were less than or projected to be less than revenue targets. Requires such message to include proposed legislative changes to: (1) offset the net deficit, outlay excess, or revenue shortfall; or (2) revise the deficit or revenue targets or outlay caps contained in this Act. Sets forth congressional procedures for the consideration of legislation to address excess deficits or outlays and revenue shortfalls. (Sec. 103) Requires presidential budgets to be consistent with the spending, revenue, and deficit levels established in this Act or to recommend changes to such levels. Makes it out of order in the House of Representatives or the Senate to consider any concurrent budget resolution unless it is consistent with the levels set forth in this Act. (Sec. 104) Sets forth consolidated deficit (or surplus) and revenue targets for FY 1998 through 2002. (Sec. 105) Requires OMB to submit a report containing account numbers and spending limits for specific entitlement categories to the President and the Congress. Applies direct spending caps, effective upon submission of such report, to all entitlement authority except for undistributed offsetting receipts and net interest outlays. Sets forth entitlement categories subject to caps. (Sec. 106) Requires determinations of direct spending caps (as well as any breaches of such caps and actions necessary to remedy such breaches) to be based on certain economic assumptions set forth in the joint explanatory statement of managers accompanying the concurrent resolution on the budget for FY 1998 (House Concurrent Resolution 84) and subject to periodic reestimation based on changed economic conditions or changes in eligible population. (Sec. 107) Provides for automatic adjustments to deficit and revenue targets and caps for entitlements and other mandatory spending to reflect changes in specified economic and other conditions. Title II: Enforcement Provisions - Directs OMB: (1) to compile a statement of actual deficits, revenues, and direct spending for a fiscal year, following the end of that year, identifying such deficits, revenues, and spending by categories of entitlements and other mandatory spending; and (2) in any year in which actual or projected deficits, revenues, or spending in violation of revenue targets or caps by more than one percent of the applicable total revenues or direct spending for the year concerned occurs, to issue a report to the President and the Congress, estimating necessary spending reductions. (Sec. 202) Provides for enforcement of the direct spending caps on categories of spending established under title I of this Act. Applies specified enforcement rules and procedures for any fiscal year in which direct spending exceeds the applicable direct spending cap. (Sec. 203) Sets forth: (1) general rules triggering sequestration to reduce spending for programs subject to direct spending caps; (2) special rules for direct spending programs with certain characteristics; and (3) rules for insurance and loan programs and State grant program formulas. Requires a within session sequester under certain conditions. (Sec. 204) Sets forth procedures for enforcing revenue targets, including delays in implementing tax credits, deductions, exclusions, or cuts under the Revenue Reconciliation Act of 1997. (Sec. 205) Exempts certain budget accounts, activities within accounts, or income from sequestration. Authorizes the President to exempt any military personnel account from sequestration or provide for a lower uniform percentage reduction that would otherwise apply, subject to specified congressional notification requirements. (Sec. 206) Sets forth special rules for sequestration orders for: (1) the child support enforcement program under the Social Security Act; (2) the Commodity Credit Corporation; (3) the earned income tax credit; (4) regular and extended unemployment compensation; (5) the Federal Employees Health Benefits Fund; (6) the Federal Housing Finance Board; (7) Federal pay; (8) Medicare; (9) the Postal Service Fund; (10) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (11) programs which provide a businesslike service in exchange for a fee. (Sec. 207) Directs CBO and OMB to report to the President and the Congress the budget baselines for the budget year and the next nine fiscal years. Specifies requirements for the budget baseline. (Sec. 208) Requires amounts to be withheld from allocation to the appropriate congressional committees (within the discretionary caps for each fiscal year) and reserved for natural disasters and other emergency purposes. Provides that such amounts shall be at least one percent of total budget authority and outlays available within those caps for the fiscal year concerned. Sets forth conditions under which reserved amounts shall be made available for allocation to such committees. Amends the Congressional Budget Act of 1974 to make it out of order in the House or the Senate to consider legislation containing an emergency designation if it also provides an appropriation or direct spending for any other item or contains other matter. Permits such legislation to contain rescissions or spending reductions.

Florida Coast Protection Act of 1997

United States · United States Congress · 19 June 1997

Florida Coast Protection Act of 1997 - Amends the Outer Continental Shelf Lands Act to define preleasing activity to include: (1) the scheduling of a lease; (2) making of a request for industry interest; (3) the issuance of a call for information or a nomination; (4) the publication of a draft or final environmental impact statement; and (5) the performance of any form of rotary drilling in a prospective lease area. Prohibits the Secretary of the Interior from conducting any preleasing activity, or holding any lease sale in the South Atlantic Planning Area off the coast of Florida, the Straits of Florida Planning Area, or the Eastern Gulf of Mexico Planning Area within 100 miles of the Florida coast. Requires the Secretary to cancel the six leases known as the "Pensacola Block 933 Unit." Prohibits the Secretary from approving any exploration or development plan or permit to drill with respect to such lease areas, prior to the Secretary's cancellation of those leases. Provides for compensation to lessees owning canceled leases.

Electric Power Competition and Consumer Choice Act of 1997

United States · United States Congress · 19 June 1997

TABLE OF CONTENTS: Title I: Standards of Competition Subtitle A: Application of PUHCA and PURPA Subtitle B: Mergers, Acquisition, Market Concentration, Affiliate Relationships and Diversification Subtitle C: Electric Energy Transmission and Distribution Policies Subtitle D: General and Miscellaneous Provisions Title II: Reliability Electric Power Competition and Consumer Choice Act of 1997 - Title I: Standards of Competition - Subtitle A: Application of PUHCA and PURPA - Declares the Public Utility Holding Company Act of 1935 (PUHCA) inapplicable to a holding company system if each electric utility company and affiliate that is an electric utility company has received from all appropriate State certificate attesting to its compliance with the standards and requirements of competition under the Public Utility Regulatory Policies Act of 1978 (PURPA). (Sec. 102) Amends PURP to exempt a certificated electric utility from the requirement that electric utilities offer to purchase electric energy from qualifying cogeneration and small power production facilities. Authorizes a State regulatory authority to elect to require that electric energy distributors or sellers comply with PURPA competition standards and requirements. Instructs the Federal Energy Regulatory Commission (FERC) to establish criteria for State certification of compliance with competition standards and requirements, including a retail competition and public benefit standard. Sets forth a Federal comparability requirement under which it is unlawful for: (1) any person or State or local governmental entity with a State designated retail electric energy service territory to provide retail electric service to any person not within such service territory if the service is not available on a competitive basis to all retail electric energy customers in the territory; and (2) the Tennessee Valley Authority or any Federal Power Marketing Authority to provide retail electric service to any person not within a specified area if such service is not available on a competitive basis to all retail electric energy customers within such area. Authorizes any person to commence a civil action in Federal district court for violation of the comparability requirement. Requires the court to award litigation costs and attorney's fees to any substantially prevailing plaintiff in such action. Mandates that each electric utility meet specified Federal retail competition or divestiture standards and public benefit certification requirements. (Sec. 103) Amends the Federal Power Act (FPA) to direct the President to prescribe rules to assure that generators or providers of electric energy for sale or for ultimate consumption cannot obtain any competitive advantage by reason of ownership, control, use, or purchase of electric energy from facilities that are not subject to certain enforceable emission limitations as stringent as performance requirements for new electric generating facilities under the Clean Air Act. States that such standards may provide for trading of emission allowances as a compliance option. Prohibits the construction of Federal law to preempt otherwise applicable State authority to review the prudence of any wholesale or retail cost incurred by an electric utility, or to determine the recovery of costs for the sale or delivery of electric energy and related services to a retail customer regardless of the facilities used for such transactions. Prohibits the construction of Federal law to: (1) affect FERC authority to approve or disapprove the inclusion of existing contract or transaction costs of an affiliate or associate company in rates or charges imposed by an electric utility; (2) preempt State authority to impose certain nonbypassable charges on use of or access to electric energy services or facilities to ensure sustained and equitable allocation of costs associated with low-income services and other specified investments; or (3) preempt State authority to impose minimum portfolio standards that ensure maintenance or improvement of current levels of reliance on renewable energy resources. Empowers FERC to establish safety and power quality standards relating to net metering for renewable energy under PURPA. Amends PUHCA to deny the Security and Exchange Commission (SEC) authority to exempt from prior SEC approval the acquisition by a registered holding company of any interest in an energy-related company (including securities and utility assets). Prohibits FERC from permitting investments by a registered holding company in foreign utility operations in excess of 50 percent of consolidated retained earnings without a certification of competition. Subtitle B: Mergers, Acquisition, Market Concentration, Affiliate Relationships and Diversification - Conditions acquisition of an interest in a public utility that results in effective control or ownership upon: (1) certain FERC findings; (2) submission to FERC of certain public utility certifications regarding effective competition and substantial electric service cost reductions; and (3) transactions executed on an arms-length basis. Directs FERC to establish the parameters governing such transactions. (Sec. 112) Prohibits a public utility company from using its resource ownership or control to create or maintain a situation inconsistent with effective competition in the purchase and sale of electric energy or natural gas in any market in which it has a designated service territory for the retail distribution of such energy. Authorizes FERC, upon finding a violation, to order a public utility company to sell or transfer assets on an arm's-length basis. (Sec. 113) Instructs FERC to promulgate regulations which ensure that diversification by any public utility takes place in specified arm's-length relationships. Prohibits FERC from permitting diversification unless each State ratemaking authority has certified its authority and resources to prevent such diversification from having an adverse effect on the utility's or any affiliate's retail customers. Extends the State certification requirement to contracts worth over $1 million between a public utility and its affiliates. Precludes the interpretation of Federal law to prevent either a State commission or FERC from disallowing costs unreasonably incurred, or imputing revenues unreasonably foregone. Prohibits this Act from being construed to modify or supersede application of the antitrust laws. Subtitle C: Electric Energy Transmission and Distribution Policies - Amends the FPA to direct FERC to promulgate rules establishing tariffs applicable in the largest regions feasible to: (1) ensure development of competitive electricity markets, while encouraging economical use of existing generating facilities and the economical location of future generating facilities; (2) ensure full recovery by transmission facilities' owners of prudent transmission costs; (3) prevent multiple charges for transmission service based on the number of transmission owners; and (4) prevent a seller of energy from gaining advantage over competitors by reason of ownership or control of electric power transmission or distribution facilities. Replaces FPA proscriptions on mandatory retail wheeling and sham wholesale transactions with a mandate that any order requiring a transmitting utility to provide wholesale transmission service also apply to retail transmission service provided by any electric utility to the extent necessary to permit retail competition pursuant to PURPA standards of competition for electric utilities. (Sec. 122) Declares that FERC rules governing wholesale or retail open access transmission services of public utilities shall apply to the same extent to any transmitting utility that is not a public utility and to any Federal Power Marketing Agency (subject to exemptions in the public interest). (Sec. 123) Grants State commissions and FERC access to books and records of a public utility and its affiliates. (Sec. 124) Amends PURPA to declare that Federal law does not prevent a State regulatory authority from establishing the incremental cost to a purchasing electric utility of alternative electric energy at levels which reflect avoided environmental costs that are not included in market rates. Provides that where a State regulatory authority determines that an electric utility's incremental cost of alternative electric energy shall be determined by competitive bidding, such authority may segment the bid by generation technology or groups of generation technologies. (Sec. 125) Amends the Fair Packaging and Labeling Act to prescribe guidelines for disclosure of specified data by sellers of electricity to electric consumers. Prescribes privacy requirements for consumer proprietary information. (Sec. 126) Requires every generator and seller of electric energy to submit to the Secretary of Energy renewable energy credits in an amount equal to a gradually increasing percentage of total sales each calendar year, reaching ten percent for the year 2010 and thereafter. Directs the Secretary to establish a program to issue such credits to generators of renewable energy, and impose administrative fees on them. (Sec. 127) Directs FERC to establish a Federal-State Joint Board to recommend uniform universal service support mechanisms. Requires each State to consider such recommendations before making a PURPA certification of competition. Defines universal service as an evolving level of electric services established periodically by the States, taking into account advances in technologies and services. Subtitle D: General and Miscellaneous Provisions - Defines terms used in this Act. Title II: Reliability - Amends the Federal Power Act to direct each electric utility and transmitting utility to join an electric reliability council, which shall promote the reliability of electricity supply and system. Requires FERC to oversee the operations of such councils.

Florida Coast Protection Act of 1997

United States · United States Congress · 19 June 1997

Florida Coast Protection Act of 1997 - Amends the Outer Continental Shelf Lands Act to define preleasing activity to include: (1) the scheduling of a lease; (2) making of a request for industry interest; (3) the issuance of a call for information or a nomination; (4) the publication of a draft or final environmental impact statement; and (5) the performance of any form of rotary drilling in a prospective lease area. Prohibits the Secretary of the Interior from conducting any preleasing activity, or holding any lease sale in the South Atlantic Planning Area off the coast of Florida, the Straits of Florida Planning Area, or the Eastern Gulf of Mexico Planning Area within 100 miles of the Florida coast. Requires the Secretary to cancel the six leases known as the "Pensacola Block 933 Unit." Prohibits the Secretary from approving any exploration or development plan or permit to drill with respect to such lease areas, prior to the Secretary's cancellation of those leases. Provides for compensation to lessees owning canceled leases.

National Defense Authorization Act for Fiscal Year 1998

United States · United States Congress · 18 June 1997

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Ballistic Missile Defense Programs Subtitle D: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Activities Subtitle C: Environmental Provisions Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Personnel Management Subtitle B: Matters Relating to Reserve Components Subtitle C: Education and Training Programs Subtitle D: Decorations and Awards Subtitle E: Military Personnel Voting Rights Subtitle F: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay Subtitle B: Subsistence, Housing, and Other Allowances Subtitle C: Bonuses and Special and Incentive Pays Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations Subtitle B: Contract Provisions Subtitle C: Acquisition Assistance Programs Subtitle D: Administrative Provisions Subtitle E: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels and Shipyards Subtitle C: Counter-Drug Activities Subtitle D: Reports and Studies Subtitle E: Other Matters Title XI: Department of Defense Civilian Personnel Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Land Conveyances Subtitle C: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI: Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: National Defense Stockpile Title XXXIV: Naval Petroleum Reserves Title XXXV: Panama Canal Commission Subtitle A: Authorization of Expenditures From Revolving Fund Subtitle B: Facilitation of Panama Canal Transition National Defense Authorization Act for Fiscal Year 1998 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for procurement to the armed forces for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. (Sec. 104) Authorizes appropriations for FY 1998 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; (5) the Defense Health Program; and (6) the defense export loan guarantee program. Subtitle B: Army Programs - Prohibits the obligation of more than 25 percent of the funds authorized under this Act for helicopter modifications or upgrades until 30 days after the Secretary of the Army submits to the defense and appropriations committees a comprehensive plan for the modernization of the Army's helicopter fleet. (Sec. 112) Authorizes the Secretary of the Army to enter into a multiyear contract for the procurement of AH-64D Longbow Apache fire control radar. Subtitle C: Navy Programs - Earmarks funds for the New Attack Submarine program and authorizes the Secretary of the Navy to enter into procurement contracts for such program. Makes the Electric Boat Corporation and the Newport News Shipbuilding and Drydock Company eligible for such contracts. Repeals superseded provisions of prior defense authorization Acts. (Sec. 122) Earmarks funds for the procurement and construction of nuclear and nonnuclear components for the CVN-77 nuclear aircraft carrier program. Earmarks funds for research, development, test, and evaluation (RDT&E) of such program from funds authorized under title II of this Act. (Sec. 123) Provides an exception to a cost limitation for the Seawolf submarine program required under a prior defense authorization Act. (Sec. 124) Prohibits resumption of serial production of the airborne self-protection jammer until the Director of Operational Test and Evaluation makes certain certifications to the Congress with respect to the capabilities of such jammer. Requires an additional certification from the Secretary of Defense (Secretary). Subtitle D: Air Force Programs - Prohibits, with exceptions, any funds from being used to: (1) procure any additional B-2 bomber aircraft; or (2) maintain any part of the bomber industrial base solely to procure additional B-2 aircraft in the future. Subtitle E: Other Matters - Prohibits any funds from being used to purchase, lease, upgrade, or modify privately-owned drydocks. (Sec. 142) Requires the Under Secretary of Defense for Acquisition and Technology to report to the defense committees an analysis of the requirements of the Department of Defense (DOD) for the replacement of aircraft engines derived from Boeing 707 aircraft and the costs of meeting those requirements. (Sec. 143) Allows a working-capital funded Army industrial facility to sell articles or services to be incorporated into, or used in the manufacture of, a weapon system being procured by DOD without a determination by the Secretary of the Army that such articles or services are not available from a U.S. commercial source. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for the armed forces for RDT&E. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to submit to the defense and appropriations committees a report on the options for the sequence in which the variants of the joint strike fighter are to be produced and fielded. (Sec. 212) Places specified development and funding limitations on the F-22 aircraft program. Requires an annual program review and report to the Congress by the Comptroller General (CG). (Sec. 213) Limits the total demonstration costs through FY 2003 with respect to the high altitude endurance unmanned vehicle program. Requires program review by the CG. (Sec. 214) Places an FY 1998 RDT&E funding limitation on the advanced anti-radiation guided missile program. (Sec. 215) Allows no more than 6,006 staff years of technical effort to be funded during FY 1998 for federally funded research and development centers. Directs the Secretary to report to the defense and appropriations committees on the allocation of such staff years among such centers during FY 1998 and 1999. (Sec. 216) Provides FY 1998 through 2000 funding goals among the military departments with respect to dual-use science and technology projects. Provides, with respect to such projects, for: (1) revised goals for national security reasons, after congressional notification; (2) the designation of a DOD official responsible for such projects; (3) a financial commitment from non-federal government participants; and (4) a report from the Secretary to the defense and appropriations committees. (Sec. 217) Authorizes the Secretary, in the national interest, to transfer amounts made available under this Division to certain counterproliferation programs, projects, and activities. Limits to $50 million the total amount of such transfers. (Sec. 218) Earmarks funds for the kinetic energy tactical anti-satellite technology program and the Clementine 2 micro-satellite near-Earth asteroid interception mission. Subtitle C: Ballistic Missile Defense Programs - Directs the Secretary to ensure that the National Missile Defense (NMD) program is structured and programmed to support a test in FY 1999 of an integrated NMD system that could achieve initial operational capability in FY 2003. Provides NMD system elements. Requires a report from the Secretary concerning NMD operational capability by such date. Provides FY 1998 NMD funding. (Sec. 222) Directs the Secretary to: (1) transfer to the Ballistic Missile Defense Organization (BMDO) for procurement for FY 1998 funds from specified military accounts; and (2) ensure that, in the future-years defense program, the procurement funding for BMDO is programmed for BMDO accounts rather than appropriations accounts of the armed forces. Subtitle D: Other Matters - Directs the Secretary to seek the participation of manufacturers of manufacturing equipment in projects under the manufacturing technology program. (Sec. 232) Extends through FY 2001 the authority for the use by commercial entities of DOD major range and test facilities. (Sec. 234) Revises and extends certain organizations within the national oceanographic partnership program. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD. Authorizes appropriations for FY 1998 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) Fisher House trust funds. (Sec. 304) Authorizes the transfer of up to $150 million to FY 1998 O&M accounts from the National Defense Stockpile Transaction Fund. Subtitle B: Depot-Level Activities - Allows no more than 50 percent of the funds made available in a fiscal year for depot-level maintenance and repair (DLMR) workload to be used to contract for the performance of such workload in non-Government owned and operated facilities. (Sec. 312) Directs the Secretary to designate each depot-level activity of the military departments and defense agencies as a Center of Industrial and Technical Excellence in the recognized core competencies of the activity. Provides for the formation of public-private partnerships for the performance of DLMR at such centers and for maximum utilization of center capacity. (Sec. 316) Prohibits civilian DOD employees performing DLMR workloads from being managed on the basis of any end strengths or other personnel constraints. (Sec. 314) Requires reports from the Secretary to the Congress on: (1) annual DLMR activities; and (2) the allocation of core logistics activities among DOD facilities and private sector facilities. (Sec. 316) Requires a review and report from the CG concerning the Navy's practice of using temporary duty assignments of personnel to perform ship maintenance and repair work at homeports not having Navy shipyards. (Sec. 317) Amends the National Defense Authorization Act for Fiscal Year: (1) 1996 to repeal a conditional repeal of certain DLMR laws and a related reporting requirement; and (2) 1991 to extend through FY 1998 the authority for naval shipyards and aviation depots to engage in defense-related production and services. Subtitle C: Environmental Provisions - Revises provisions relating to the storage and disposal on DOD property of nondefense toxic and hazardous materials. (Sec. 332) Requires additional information relating to the payment of fines and penalties assessed under environmental laws to be included in an annual report from the Secretary to the Congress on progress made in carrying out environmental restoration activities at military installations. (Sec. 333) Directs the Secretary to report annually to the Congress on DOD overseas environmental activities. (Sec. 335) Amends the National Defense Authorization Act for Fiscal Year 1997 to require certain additional information in cooperative agreements between the Secretary and an agency of a State or local government for obtaining assistance in certifying environmental technologies. Requires the Secretary to report to the Congress the guidelines established for reimbursing such agencies and for cost-sharing under such agreements. (Sec. 336) Directs the Secretary to utilize specified risk assessment methods in evaluating DOD facilities for purposes of allocating funds and establishing priorities for environmental restoration projects under the defense environmental restoration program. (Sec. 337) Directs the Secretary to prescribe regulations concerning the environmental restoration cost-recovery and cost-sharing activities of the military departments and defense agencies. (Sec. 338) Authorizes the Secretary to carry out a pilot program to assess the feasibility and advisability of the sale of economic incentives for the reduction of emission of air pollutants attributable to a military facility. Provides for the use of sale proceeds. (Sec. 339) Authorizes the Secretary to conduct and report to the Congress on a pilot program using existing technologies to determine: (1) the feasibility of tagging hydrocarbon fuels used by DOD for analysis and identification; (2) the deterrent effect of such tagging on the theft and misuse of such fuels; and (3) the extent to which such tagging assists in determining the source of surface and underground pollution. Provides funding. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes the use of various revenues received by DOD for the construction and improvement of commissary store facilities. (Sec. 352) Directs the Secretaries of the military departments to integrate the military exchange services no later than September 30, 2000. Requires the Secretaries to submit to the defense committees a plan for achieving such integration. Subtitle E: Other Matters - Prohibits, except under specified narrow circumstances, the advance billing of a customer for a working-capital fund. Requires the Secretary to report to the defense and appropriations committees whenever the aggregate amount of such advance billings not covered by a congressional notification exceeds $50 million. Prohibits the total amount of such advance billings for DOD working-capital funds and the Defense Business Operations Fund for FY 1998 from exceeding $1 billion. (Sec. 362) Authorizes the Secretary to operate a Center for Excellence in Disaster Management and Humanitarian Assistance at Tripler Army Medical Center, Hawaii. Authorizes an agreement with a higher education institution for joint operation of the Center. Provides FY 1998 funding. (Sec. 363) Provides that, whenever an official of an executive agency proposes or takes an administrative action that affects military training or other readiness activity in a significantly adverse manner, the Secretary shall submit to the defense committees a notification of such action along with each adverse effect. Requires a notification copy to be transmitted to the President and the head of the agency proposing or taking such action. (Sec. 364) Authorizes the Secretary of the Army to provide financial assistance to a State to support Army National Guard activities in such State. (Sec. 365) Authorizes the Secretary of the Army to sell to certain licensed manufacturers ammunition or ammunition components that are obsolete, unservicable, or excess to the Army. Requires the purchaser to enter into an agreement to demilitarize or recycle such ammunition or components. (Sec. 366) Requires the Director of the Defense Logistics Agency to develop and submit to the Congress a schedule for implementation of best commercial inventory practices for Agency supplies and equipment. (Sec. 367) Authorizes the Secretary to carry out a pilot program to use commercial sources of services to improve the collection of DOD claims under aircraft engine warranties. (Sec. 368) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides the authorized end strengths for active-duty forces as of the end of FY 1998. Repeals a Federal provision requiring a permanent active-duty end strength sufficient to support two simultaneous major regional contingencies. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1998 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 1998 for military personnel. Title V: Military Personnel Policy - Subtitle A: Personnel Management - Excludes certain active-duty and reserve officers currently on promotion lists from consideration by later promotion boards. (Sec. 502) Increases the authorized number of officers authorized to be frocked (to wear the insignia of the next higher officer grade even though the promotion to such grade is not yet final). (Sec. 503) Authorizes Navy chaplains who are not on the retired list to serve as a chief or deputy chief of Navy chaplains. Authorizes the Secretary of the Navy to defer the retirement of such officers if the person will be serving in such capacity during the deferred period. (Sec. 504) States that a current limitation on the authorized period of recalled service shall not apply to chaplains or health care professionals assigned to active duty in such capacity, or to an officer assigned to duty with the American Battle Monuments Commission. Subtitle B: Matters Relating to Reserve Components - Terminates the Ready Reserve Mobilization Income Insurance Program. Requires the Secretary to study and report to the Congress on the reasons for fiscal deficiencies in such Program and whether there is a need for a new program. (Sec. 512) Authorizes the separation of a reserve officer in an inactive status with the Standby Reserve who is not qualified for transfer to the Retired Reserve, or who, if qualified, does not apply for such transfer. (Sec. 513) Authorizes the retention until age 60 of military technicians in the grade of brigadier general. (Sec. 514) Provides that the performance of honor guard functions by members of the National Guard at funerals for veterans may be treated as a Federal function for which appropriated funds may be used. Subtitle C: Education and Training Programs - Authorizes the Secretary of the military department concerned to enter into an agreement with an authorized foreign government official to carry out a military academy foreign exchange study program. Provides agreement terms and special rules for the Federal recognition of foreign students studying in the United States. (Sec. 522) Authorizes for instruction at the Community College of the Air Force enlisted members of the Army, Navy, or Air Force who are serving as instructors at an Air Force training school. (Currently, enrollment is limited to Air Force enlisted personnel.) (Sec. 523) Preserves beyond a current ten-year delimiting period the educational assistance entitlement for members of the Selected Reserve serving on active duty in support of a contingency operation. (Sec. 524) Repeals Federal law providing certain staffing and safety requirements for the Army Ranger Training Brigade. Subtitle D: Decorations and Awards - Makes eligible for the award of a military service medal for heroism a member of the Ready Reserve who was not in a duty status at the time the member distinguished himself by heroism. (Sec. 532) Provides that time limits for the submission for recommendation for military decorations or awards shall not apply to specified individuals with respect to the award of the Silver Star Medal, the Navy and Marine Corps Medal, and the Distinguished Flying Cross. (Sec. 533) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend to February 9, 1998, the period for the receipt of recommendations for decorations and awards for certain military intelligence personnel previously prevented by secrecy requirements from receiving such awards. (Sec. 534) Authorizes unit decorations to be awarded to certain units that supported the execution of combat operations during World War II. Subtitle E: Military Personnel Voting Rights - Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for voting rights purposes, a person absent from a State in compliance with military orders shall not be deemed to have: (1) lost a residence in that State; or (2) acquired a residence in, or become a resident of, another State. (Sec. 543) Amends the Uniformed and Overseas Absentee Voting Act to require each State, in elections for State and local offices, to permit absentee military personnel to use absentee voter procedures to vote in such elections and to accept and process military absentee voter registration applications. Subtitle F: Other Matters - Expresses the sense of the Congress that the CG should study and report to the Congress on any inequality in the treatment of men and women in the armed forces arising out of statutes or regulations. (Sec. 552) Establishes the Commission on Gender Integration in the Military to review and assess the current practices of the armed forces and the private sector pertaining to gender-integrated training. (Sec. 553) Authorizes any commanding officer or officer in charge who receives a complaint alleging sexual harassment by a member of the military or a civilian DOD employee to act appropriately on such complaint within 72 hours and to ensure that the complaint investigation is completed within 14 days. Requires specified reports from such officers, the department Secretaries receiving the forwarded complaints, and the Secretary. (Sec. 554) Requires exemplary moral and other appropriate conduct from all commanding officers and others in authority in the Army and Air Force. (Sec. 555) Authorizes the Secretary concerned to allow a member of the armed forces or a civilian officer or employee of DOD or the Coast Guard to serve in a management capacity with specified military welfare societies and other authorized entities. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. Subtitle B: Subsistence, Housing, and Other Allowances - Part I: Reform of Basic Allowance for Subsistence - Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on January 1, 1998. Part II: Reform of Housing and Related Allowances - Redesignates the basic allowance for quarters as the basic allowance for housing (BAH). Authorizes a temporary housing allowance for members in pay grades above E-4 who are in a travel or leave status between permanent duty stations. Authorizes the payment of a BAH for certain dependents of military personnel who die while on active duty. Provides special rules for the payment of a BAH to a member with dependents in the case of a member paying child support. Entitles to a BAH a member with dependents who is assigned to an unaccompanied tour of duty outside the continental United States. Repeals the variable housing allowance. States that a member without dependents who is not entitled to a BAH shall be entitled to a partial allowance for quarters determined by the Secretary. (Sec. 617) Directs the Secretary to prescribe monthly rates for the BAH on a geographic-cost basis. Directs the Secretary to redetermine such rates when basic pay rates are increased. Provides for: (1) protection from housing rate reductions for certain personnel; and (2) a fiscal year limitation on the total allowances paid for housing located inside the United States. Directs the Secretary to prescribe the rate of the temporary housing allowance for members in a travel or leave status between permanent duty stations. Provides the rates of the BAH for dependents of members who die while on active duty and members paying child support, as well as the rate of the partial allowance for quarters for members without dependents. (Sec. 618) Changes the dislocation allowance rates from a rate based on a member's pay grade to a rate based on a percentage of the monthly national average cost of housing for members of the same grade and dependency status. (Sec. 619) Repeals Federal provisions: (1) making the family separation allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade; and (2) providing a station allowance for members on duty outside the United States. Part III: Other Amendments Relating to Allowances - Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 627) Allows payment of the Ready Reserve muster duty allowance no later than 30 days after such duty is performed. Subtitle C: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 634) Increases the aviation career incentive pay and the aviation continuation pay. Extends through FY 2005 the authority for the continuation pay. (Sec. 636) Makes dental officers eligible for the same multiyear retention bonus currently paid to medical officers of the armed forces. Increases dental officer special pay amounts. (Sec. 638) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 639) Makes changes similar to the Selected Reserve reenlistment bonus for former enlisted personnel who enlist for three-year periods in the Selected Reserve. (Sec. 640) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 641) Authorizes the Secretary concerned to pay bonuses in lieu of special pay for enlisted personnel extending their tours of duty at designated overseas locations. Prohibits the concurrent receipt by such personnel of such an annual bonus and rest and recuperative absence or transportation. Requires pro rata repayment of an unearned bonus. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 652) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 653) Considers SBP coverage as paid in entirety after the earlier of 30 years of pay deductions for such coverage or the month in which the member attains 70 years of age. (Sec. 654) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. Subtitle E: Other Matters - Entitles to basic pay and allowances, medical and dental care, and disability retirement or separation benefits, as well as for the recovery, care, and disposition of remains, a reserve member who is physically disabled as a result of injury, illness, or disease aggravated in the line of duty while remaining overnight immediately before the commencement of inactive-duty training. (Sec. 662) Authorizes the Secretary concerned to pay travel and transportation allowances for dependents of members sentenced by court-martial when action on the sentence is pending. (Sec. 663) Makes members of the Public Health Service, National Guard, and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. Title VII: Health Care Provisions - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating under the Navy) to waive any required deductibles, copayments, or annual fees on behalf of military personnel assigned to permanent duty as recruiters, educational instructors, or unit advisors and residing more than 50 miles or one hour from the nearest military health care facility. (Sec. 702) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 703) Directs the administering Secretaries to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 704) Authorizes CHAMPUS medical and dental care for certain reserve personnel who were Persian Gulf War veterans and who register a symptom or illness presumed to be a result of such service. (Sec. 705) Authorizes the Secretary to collect dental insurance premiums through military pay deductions. (Sec. 706) Makes the administering Secretaries (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 707) Authorizes the provision of the following prosthetic devices to military dependents: (1) artificial limbs, voice prostheses, and artificial eyes; and (2) any device determined necessary due to one or more significant impairments resulting from trauma, congenital anomaly, or disease. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Authorizes the head of a defense agency to waive a restriction against entering into undefinitized contract actions when determined necessary in order to support a humanitarian or peacekeeping operation. (Sec. 803) Authorizes the Secretary or the Secretary concerned to enter into a contract for the procurement of severable services for a period that crosses fiscal years, as long as the contract period does not exceed one year. (Sec. 804) Makes unallowable as costs under a defense contract compensation costs of contractor senior executives which exceed the benchmark compensation amount determined under this section by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act. Makes an identical nonallowability amendment under the Federal Property and Administrative Services Act of 1949. (Sec. 805) Authorizes the purchase by DOD of right-hand drive vehicles at a cost of up to $30,000 (currently $12,000) each. (Sec. 806) Authorizes the Secretary of the Navy (currently, the Secretary of Defense) to enter into shipbuilding capability preservation agreements (currently, defense capability preservation agreements). Directs the Secretary of the Navy to: (1) establish application procedures and procedures for the expeditious consideration of such agreements; and (2) report to the defense and appropriations committees on applications for such agreements. (Sec. 807) Amends the Drug-Free Workplace Act of 1988 to remove a certification requirement for grants authorized under such Act. (Sec. 808) Repeals Federal provisions prohibiting the Secretary concerned from adjusting the price under a shipbuilding contract to reflect an amount set forth in a claim or demand for payment under such contract arising out of certain contract events. Subtitle B: Contract Provisions - Revises the guarantees required of a defense prime contractor (conformity, free from defects) when entering into a contract for the production of a major system (currently, major weapon system). Provides an exception for a major system or system component furnished by the United States. (Sec. 812) Provides for vesting of title to the United States under contracts paid under partial or progress payment arrangements. Subtitle C: Acquisition Assistance Programs - Earmarks funds for FY 1998 for the procurement technical assistance program and specific programs under such program. (Sec. 822) Amends the National Defense Authorization Act for: (1) Fiscal Year 1991 to extend through FY 2000 the pilot mentor-protege program; and (2) Fiscal Years 1990 and 1991 to extend through FY 2000 a test program for the negotiation of comprehensive subcontracting plans. Subtitle D: Administrative Provisions - Provides for the retention of amounts collected from a contractor as a result of claims under the Contract Disputes Act of 1978 during the pendency of any litigation concerning such claim. Directs the Under Secretary of Defense (Comptroller) to report annually to the Congress on any such amounts available for obligation. (Sec. 832) Prohibits from disclosure for a five-year period of certain information submitted to DOD as part of a possible award of a cooperative agreement. (Sec. 833) Revises content requirements with respect to limited selected acquisition reports and unit cost reports. (Sec. 835) Directs the Under Secretary of Defense for Acquisition and Technology to designate an official to serve as a central point of contact for certain contracting information. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 a required report concerning DOD payment of any business restructuring costs under a defense contract. Requires specified reports from the Secretary and the CG with respect to the effect on DOD of any business combinations of major defense contractors. (Sec. 842) Authorizes the director of a defense agency, when considered advantageous, to lease nonexcess personal property of that agency under specified terms and conditions, including a lease term of no more than five years (unless the national defense or public interest would be better served by a longer lease). Requires lease amounts received to be used solely for the maintenance, repair, or replacement of the leased property. (Sec. 843) Directs the Secretary concerned, upon presidential approval of a report of a selection board for the promotion above grade O-4 of a member of the Acquisition Corps of a military department, to submit a copy of such report to the Under Secretary of Defense for Acquisition and Technology for review. Requires a subsequent report from such Under Secretary to the defense committees. Title IX: Department of Defense Organization and Management - Establishes in DOD a National Defense University made up of specified component institutions already in existence. (Sec. 903) Authorizes the CINC Initiative Fund to be used for force protection. (Sec. 904) Directs the Secretary to transfer functions of the Tactical Intelligence and Related Activities aggregation to DOD officials outside of the intelligence community, along with the funding for such activities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD under this Division for FY 1998 between any such authorizations for that fiscal year, with a total transfer limit of $2.5 billion. Requires congressional notification of any such transfers. (Sec. 1002) Authorizes certain unauthorized FY 1997 defense appropriations to be obligated for DOD programs, projects, and activities in accordance with FY 1997 defense appropriations. (Sec. 1003) Adjusts the amounts authorized to DOD for FY 1997 by the amount by which appropriations pursuant to such authorization were increased in the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia. (Sec. 1004) Amends the National Defense Authorization Act for Fiscal Year 1996 to increase from $2 billion to $3.1 billion the amount authorized to be transferred between any defense authorizations for that fiscal year. (Sec. 1005) Directs the Secretary to submit biannually to the Congress a strategic plan for improving financial management within DOD. (Sec. 1006) Allows Fisher House trust funds to be used only for the operation (currently, operation and maintenance) of Fisher Houses. (Sec. 1007) Authorizes the Secretary to use specified FY 1991 Army procurement funds to reimburse the Government for any judgment against the United States rendered in the case of a certain appeal by the McDonnell Douglas Company. (Sec. 1008) Prescribes information required to be included by the Secretary in each future-years defense program with respect to the procurement of equipment and military construction for each of the reserve components. Provides for a conditional report with respect to such procurements. Subtitle B: Naval Vessels and Shipyards - Authorizes the Secretary of the Navy to enter into a long-term charter for a vessel to support the Surveillance Towed Array Sensor Program through FY 2004. (Sec. 1012) Outlines procedures for the sale of vessels stricken from the Naval Vessel Register. (Sec. 1013) Authorizes the Secretary of the Navy to sell specified naval vessels to Brazil, Chile, Egypt, Israel, Malaysia, Mexico, the Taipei Economic and Cultural Representative Office in the United States, and Thailand. Requires such Secretary, as a condition of such sales, to require any pre-sale vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard. Subtitle C: Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1997 to extend through FY 1998 the authority to provide certain support for counter-drug activities of Mexico. (Sec. 1022) Authorizes the Secretary, during FY 1998 through 2002, to provide to either or both of the Governments of Peru and Colombia specified support for counter-drug activities. Provides funding and requires certain congressional certification and a 15-day waiting period before fund obligation or expenditure. Subtitle D: Reports and Studies - Repeals various reports and reporting requirements under Federal armed forces provisions, prior defense authorization and appropriations Acts, and the Office of Federal Procurement Policy Act. (Sec. 1032) Requires the Chairman of the Joint Chiefs of Staff (JCS) to develop a common means of measuring the operations and personnel tempos of each military department. (Sec. 1033) Directs the Secretary to report to the Congress on the overseas deployment of military personnel. (Sec. 1034) Directs the JCS Chairman to submit to the defense and appropriations committees a report on the military readiness requirements of the active and reserve forces as prepared by the JCS Chairman and the commanders of the unified commands. (Sec. 1035) Directs the Secretary to report to the defense committees on the readiness posture of units of the armed forces that provides for a rotation of such units between states of high and low readiness. (Sec. 1036) Expresses the sense of the Congress that: (1) the President should develop alternatives to the current arrangement for forward basing of U.S. armed forces outside the United States; and (2) a continued U.S. military presence in the Pacific Rim is vital to U.S. protection of interests in that region. Directs the Secretary to report to the defense committees on defense overseas infrastructure requirements. (Sec. 1037) Directs the Under Secretary of Defense (Comptroller) to report to the defense committees on aircraft in the DOD inventory. (Sec. 1038) Directs the Secretary to report to the Congress on actions taken or planned within DOD to address problems involved with the sale or other disposition of excess materials. (Sec. 1039) Directs the Secretary to conduct a comprehensive review of, and report to the defense committees on, the current Federal protections and benefits afforded to former spouses of current and former military personnel and to former spouses of current and former Federal employees. (Sec. 1040) Authorizes the CG to conduct an audit, evaluation, review, or report only after the CG certifies that the General Accounting Office has completed all prior audits, evaluations, reviews, and reports that were requested by the Congress before such certification. Subtitle E: Other Matters - Directs the Secretary to submit to the President a recommended amendment to the Military Rules of Evidence that recognizes an evidentiary privilege regarding disclosure by a psychotherapist of confidential communications of a patient. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1998 the National Guard Civilian Youth Opportunities pilot program. Limits the total number of programs carried out to the number in existence at the end of FY 1995. Provides Federal cost share limits. Limits to $20 million the authorized expenditures under the program for a fiscal year. (Sec. 1053) Directs the Secretary to ensure that units of the armed forces engaged in peace operations have adequate troop protection equipment. Requires a report. (Sec. 1054) Prohibits DOD funds from being obligated or expended during FY 1998 for retiring or dismantling specified strategic nuclear delivery systems below certain levels. Provides a waiver in order to implement the SALT II Treaty. Provides funding limitations with respect to substantial early deactivations to reach such levels. Requires the President to report to the Congress on such actions. Directs the Secretary to report to the defense and appropriations committees a contingency plan for the sustainment beyond October 1, 1999, of U.S. strategic nuclear delivery systems and alternative force structures in the event that a strategic arms reduction agreement subsequent to the Strategic Arms Reduction Treaty does not enter into force before 2004. (Sec. 1055) Authorizes the Secretary concerned to accept payments of landing fees for the use of overseas military airfields by civilian aircraft. (Sec. 1056) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1998 the International Nonproliferation Initiative (with the same $15 million spending limit for the additional fiscal year). (Sec. 1057) Authorizes DOD's On-Site Inspection Agency, upon request of the facility's owner or operator, to provide technical assistance to a facility that is subject to a routine or challenge inspection under the Chemical Weapons Convention. (Sec. 1058) Expresses the sense of the Senate that the President should: (1) ensure that the United States is able to construct and operate necessary facilities for the destruction of the U.S. stockpile of lethal chemical agents and munitions as required under the Chemical Weapons Convention; and (2) encourage Federal-State negotiations to meet concerns about actions being taken to carry out such demilitarization. (Sec. 1059) Expresses the sense of the Congress prohibiting, except in specific limited circumstances, the authorization of appropriations for reserve component modernization activities not included in a DOD budget request. (Sec. 1060) Authorizes the Secretary (currently, the CG) to waive certain time limitations for the settling of claims relating to military pay, allowances, and other benefits. (Sec. 1061) Directs the Secretary to report to the Congress on actions taken to ensure adequate coordination of operational intelligence support for the commanders of the combatant commands and deployed military units. (Sec. 1063) Authorizes the appropriate official, under specified circumstances, to deny a request for public disclosure of safety-related information that has been provided voluntarily by an air carrier as part of a contract for the charter air transportation of military personnel. (Sec. 1064) Directs the Secretary, with respect to the Global Positioning System (GPS), to: (1) provide for the sustainment of its capabilities and services that are beneficial to U.S. national security; (2) prevent its hostile use; (3) sustain its capabilities and services for peaceful civil, commercial, and scientific uses on a continuous worldwide basis free from direct user fees; (4) use it to meet performance requirements of the Federal Radionavigation Plan; (5) augment the system to enhance its support of transportation; and (6) find new and expanded civil uses. Calls for international cooperation with respect to GPS use. Requires a GPS report from the Secretary to the defense and appropriations committees. (Sec. 1065) Authorizes special agents of the Defense Criminal Investigative Service to carry firearms, execute and serve warrants, and make arrests without warrants for certain offenses. (Sec. 1066) Amends the Military Construction Authorization Act, 1968 to repeal the requirement for the continued operation of the Naval Academy Dairy Farm in Gambrills, Maryland. (Sec. 1067) Requires the Director of Central Intelligence to establish a POW-MIA Intelligence Analysis Cell to provide analytical support on POW-MIA matters to all Federal departments and agencies involved with such matters. Requires the Cell to be the primary source of support in the preparation of the Special National Intelligence Estimate on POW-MIA matters. (Sec. 1068) Protects Federal employees from retaliation for certain disclosures of classified information when such information is disclosed: (1) to provide evidence of a violation of law, gross mismanagement, waste of funds, abuse of authority, substantial and specific danger to public health or safety, or a false statement to the Congress; and (2) to a person or element having oversight responsibilities and cleared for the receipt of such information. (Sec. 1069) Amends the Veterans' Benefits Improvements Act of 1996 to make certain Federal pay authorities inapplicable to Federal annuitants or former military personnel who are members of the Commission on Servicemembers and Veterans Transition Assistance. (Sec. 1070) Authorizes the Secretary of the Air Force to transfer to the Planes of Fame Museum, Chino, California, all rights and interest to the aircraft known as the "Picadilly Lilly." (Sec. 1071) Extends through FY 2002 the aviation insurance program. (Sec. 1072) Prohibits a military flight operation from being treated as a transportation program held on or over public land requiring prior approval by the Secretary of Transportation. (Sec. 1073) Amends the Immigration and Nationality Act to provide for the naturalization of Philippine nationals who served honorably in the U.S. armed forces during World War II. (Sec. 1074) Designates Bob Hope as an honorary veteran of the U.S. armed forces. Title XI: Department of Defense Civilian Personnel - Directs the Secretaries of the military departments and the heads of the defense agencies to report semiannually to the defense committees on the management of the civilian workforce under their jurisdiction. (Sec. 1102) Authorizes the employment of civilian faculty at a school of the Marine Corps University. (Sec. 1103) Requires DOD to remit to the Office of Personnel Management 15 percent of the final basic pay of an individual who agrees to be separated from the armed forces under the DOD voluntary separation incentive program. Requires such remittance to be credited to the Civil Service Retirement and Disability Fund. Extends the incentive program through FY 2001. (Sec. 1104) Repeals a provision requiring the Secretary to ensure the placement in the competitive service, within six months after separation from the military reserve, of technicians who were involuntarily separated after at least 15 years of retirement-creditable military service. (Sec. 1105) Revises the pay rate for DOD overseas teachers upon their transfer to a General Schedule position with the Government. (Sec. 1106) Amends the Intelligence Authorization Act, Fiscal Year 1990 to remove conditions for the naturalization of employees of the George C. Marshall European Center for Security Studies in Garmisch, Germany. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1998 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title XXII: Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2405) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 2407) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act for a project at McClellan Air Force Base, California. (Sec. 2408) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. (Sec. 2409) Extends the availability of funds under a prior defense appropriations Act for construction of an over-the-horizon radar at Naval Station Roosevelt Roads, Puerto Rico. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Increases the amount authorized under a prior military construction authorization Act for a project at the Aviation Support Facility in Hilo, Hawaii. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from $200,000 to $500,000 the threshold for minor land acquisition projects. (Sec. 2802) Authorizes the Secretary concerned to transfer all or part of a utility system located on a military installation to a local utility or other appropriate entity for fair market value. (Sec. 2803) Authorizes the Secretary concerned, when exchanging real property or granting an easement, lease, or license of real property, to collect from the receiver the administrative expenses incurred. (Sec. 2804) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. Subtitle B: Land Conveyances - Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to repeal a provision authorizing the Secretary of the Army to transfer to Fairfax County, Virginia, the Engineer Proving Ground at Fort Belvoir, Virginia. (Sec. 2813) Authorizes the Secretary of the Army to convey to Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 2814) Authorizes the Secretary of the Navy to acquire by long-term lease facilities of a regional hospital complex in Naples, Italy, determined to be necessary for the Naples Improvement Initiative. Terminates the lease authority on September 30, 2002. (Sec. 2815) Authorizes the Secretary of the: (1) Navy to convey to the Maine School Administrative District No. 75, Topsham, Maine, a parcel of the Topsham Annex, Naval Air Station in Brunswick, Maine; (2) Navy to convey to Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay, New York; (3) Air Force to convey to Bangor, Maine, the Charleston Family Housing Complex in Bangor; and (4) Air Force to convey to the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property located at Ellsworth Air Force Base, South Dakota. Subtitle C: Other Matters - Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1998 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) other defense activities; (4) defense environmental management privatization; and (5) defense nuclear waste disposal. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, the Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits. (Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers. (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Provides contract requirements for defense environmental privatization projects. Requires a report to the defense and appropriations committees followed by a 30-day waiting period before the Secretary may enter into such a contract. Limits cost variations on such contracts. Requires the Secretary to notify such committees of the intent to use project funds to terminate such a contract. Requires an annual report from the Secretary to such committees on activities conducted under such contracts and a single report on whether such contracts should be entered into in the absence of sufficient appropriations. (Sec. 3132) Prohibits, with exceptions, FY 1998 DOE funds from being used for activities associated with international cooperative stockpile stewardship. (Sec. 3133) Earmarks funds authorized in this Division for: (1) the DOE modernization of the enduring nuclear weapons complex; (2) activities related to tritium production to meet stockpile requirements; and (3) the processing, treatment, and disposition of spent nuclear fuel rods and other materials at the Savannah River Site. Requires a report with respect to (1) and (2). (Sec. 3135) Prohibits the use of DOE funds after FY 1997 for DOE laboratory-directed research and development (R&D) unless such activities support DOE's national security mission, environmental restoration or waste management mission, or materials stabilization mission. Limits FY 1998 funding for such R&D until receipt by the defense and appropriations committees of a related report required under a previous defense authorization Act. Requires in such report an assessment of necessary R&D funding. (Sec. 3137) Amends the National Defense Authorization Act for Fiscal Year 1997 to make permanent (currently expires on September 30, 1997) the authority for the transfer between programs or projects of defense environmental management funds. (Sec. 3138) Prohibits DOE from recovering from certain parties the cost of any environmental response actions at a site included in the Formerly Utilized Site Remedial Action Project program other that costs stipulated in a binding, written agreement with such parties. Subtitle D: Other Matters - Amends the Department of Energy Organization Act to repeal: (1) certain requirements concerning the promulgation and publication of DOE administrative rules, regulations, or orders; and (2) a provision which makes the Federal Energy Administration Act of 1974 applicable to advisory committees chartered by the Secretary. (Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a requirement that the EPA Administrator conduct a study on the effect of appointment by the Secretary of certain scientific, engineering, and technical personnel on the conduct of remedial actions at sites listed on the National Priorities List; and (2) extend through FY 1999 the authority of the Secretary to make such appointments. (Sec. 3153) Directs the Secretary to submit to the defense and appropriations committees a plan and program for the stewardship, management, and certification of warheads in the nuclear weapons stockpile. (Sec. 3155) Repeals various obsolete reporting requirements under the Atomic Energy Act and prior defense authorization Acts. (Sec. 3156) Establishes the Commission on Safeguards and Security at Department of Energy Facilities to conduct reviews, make determinations and evaluations, and report to the defense and appropriations committees with respect to DOE facility security. Terminates the Commission after submission of its report. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Year 1997 to revise the authority of, and extend certain report deadlines for, the Commission on Maintaining United States Nuclear Weapons Expertise. (Sec. 3158) Directs the Secretary to transfer to the Secretary of the Interior administrative jurisdiction over specified real property at the Bandalier National Monument, New Mexico. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1998 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1998, to obligate up to $60 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 3303) Directs the President to dispose of NDS materials. Specifies disposal limits. (Sec. 3304) Directs the Secretary of the Treasury, upon request from the Secretary of Defense, to return to such Secretary for sale or other disposition NDS platinum previously loaned to the Treasury Department. Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1998 for activities relating to the naval petroleum reserves. (Sec. 3402) Authorizes the Secretary to lease U.S. interests in Oil Shale Reserves Number 1, 2, and 3 to one or more private entities for petroleum exploration, development, and production. (Sec. 3403) Repeals a provision requiring the assignment of certain Navy officers to the Office of Naval Petroleum and Oil Shale Reserves. Title XXXV: Panama Canal Commission - Subtitle A: Authorization of Expenditures from Revolving Fund - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1998, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties. Subtitle B: Facilitation of Panama Canal Transition - Panama Canal Transition Facilitation Act of 1997 - Part I: Transition Matters Relating to Commission Officers and Employees - Consents to the acceptance by the Administrator of the Commission of appointment by the Republic of Panama as Administrator of the Panama Canal Authority (such Authority to become the successor to the Commission on December 31, 1999, when Canal ownership is transferred from the United States to Panama). Waives certain: (1) conflict-of-interest provisions with respect to the Administrator; and (2) post-employment restrictions for current Commission personnel who become Authority employees after the Canal transfer date. Consents to Authority employment for retired military personnel, reserve personnel, and members of the Commissioned Reserve Corps of the Public Health Service. Repeals current Commission limitations in establishing compensation levels for Commission officers and employees. (Sec. 3524) States that Commission personnel travel, transportation, and subsistence expenses shall no longer be subject to Federal travel regulations. (Sec. 3525) Authorizes the Commission to pay a recruitment bonus to a newly appointed individual, or a relocation bonus to a current Commission employee who must move, if: (1) the Commission determines that it would have difficulty in filling such a position absent such bonus; or (2) the employee has unusually high or unique qualifications. (Sec. 3526) Authorizes transition separation incentive payments for Commission personnel. (Sec. 3527) Provides for Commission personnel collective bargaining rights and required labor-management negotiations. (Sec. 3528) Makes funds from the Panama Canal Revolving Fund available for severance pay for certain employees separated by the Authority after the Canal transfer date. Part II: Transition Matters Relating to Operation and Administration of Canal - Amends the Panama Canal Act of 1979 to direct the Commission to establish by regulation a comprehensive procurement system to be known as the Panama Canal Acquisition Regulation. Directs the Secretary of Defense to establish the Panama Canal Board of Contract Appeals with exclusive jurisdiction to decide an appeal from a decision of a contracting officer. Requires such Board to be functional no later than January 1, 1999. (Sec. 3543) Reduces from two years to one year after the date of the alleged injury the time limit for the filing of claims with the Commission. (Sec. 3544) Authorizes the Commission to: (1) set a separate toll rate for small vessels; (2) appoint U.S. citizens as notaries public; and (3) conduct and promote commercial activities related to Canal management, operation, or maintenance. (Sec. 3548) Transfers from the President to the Commission certain regulatory functions relating to Commission employment classification appeals.

National Defense Authorization Act for Fiscal Year 1998

United States · United States Congress · 17 June 1997

TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Ballistic Missile Defense Programs Subtitle D: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Activities Subtitle C: Environmental Provisions Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Personnel Management Subtitle B: Matters Relating to Reserve Components Subtitle C: Education and Training Programs Subtitle D: Decorations and Awards Subtitle E: Military Personnel Voting Rights Subtitle F: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay Subtitle B: Subsistence, Housing, and Other Allowances Subtitle C: Bonuses and Special and Incentive Pays Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations Subtitle B: Contract Provisions Subtitle C: Acquisition Assistance Programs Subtitle D: Administrative Provisions Subtitle E: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels and Shipyards Subtitle C: Counter-Drug Activities Subtitle D: Reports and Studies Subtitle E: Other Matters Title XI: Department of Defense Civilian Personnel Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Land Conveyances Subtitle C: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI: Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: National Defense Stockpile Title XXXIV: Naval Petroleum Reserves Title XXXV: Panama Canal Commission Subtitle A: Authorization of Expenditures From Revolving Fund Subtitle B: Facilitation of Panama Canal Transition National Defense Authorization Act for Fiscal Year 1998 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for procurement to the armed forces for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. (Sec. 104) Authorizes appropriations for FY 1998 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; (5) the Defense Health Program; and (6) the defense export loan guarantee program. Subtitle B: Army Programs - Prohibits the obligation of more than 25 percent of the funds authorized under this Act for helicopter modifications or upgrades until 30 days after the Secretary of the Army submits to the defense and appropriations committees a comprehensive plan for the modernization of the Army's helicopter fleet. (Sec. 112) Authorizes the Secretary of the Army to enter into a multiyear contract for the procurement of AH-64D Longbow Apache fire control radar. Subtitle C: Navy Programs - Earmarks funds for the New Attack Submarine program and authorizes the Secretary of the Navy to enter into procurement contracts for such program. Makes the Electric Boat Corporation and the Newport News Shipbuilding and Drydock Company eligible for such contracts. Repeals superseded provisions of prior defense authorization Acts. (Sec. 122) Earmarks funds for the procurement and construction of nuclear and nonnuclear components for the CVN-77 nuclear aircraft carrier program. Earmarks funds for research, development, test, and evaluation (RDT&E) of such program from funds authorized under title II of this Act. (Sec. 123) Provides an exception to a cost limitation for the Seawolf submarine program required under a prior defense authorization Act. (Sec. 124) Prohibits resumption of serial production of the airborne self-protection jammer until the Director of Operational Test and Evaluation makes certain certifications to the Congress with respect to the capabilities of such jammer. Requires an additional certification from the Secretary of Defense (Secretary). Subtitle D: Air Force Programs - Prohibits, with exceptions, any funds from being used to: (1) procure any additional B-2 bomber aircraft; or (2) maintain any part of the bomber industrial base solely to procure additional B-2 aircraft in the future. Subtitle E: Other Matters - Prohibits any funds from being used to purchase, lease, upgrade, or modify privately-owned drydocks. (Sec. 142) Requires the Under Secretary of Defense for Acquisition and Technology to report to the defense committees an analysis of the requirements of the Department of Defense (DOD) for the replacement of aircraft engines derived from Boeing 707 aircraft and the costs of meeting those requirements. (Sec. 143) Allows a working-capital funded Army industrial facility to sell articles or services to be incorporated into, or used in the manufacture of, a weapon system being procured by DOD without a determination by the Secretary of the Army that such articles or services are not available from a U.S. commercial source. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for the armed forces for RDT&E. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to submit to the defense and appropriations committees a report on the options for the sequence in which the variants of the joint strike fighter are to be produced and fielded. (Sec. 212) Places specified development and funding limitations on the F-22 aircraft program. Requires an annual program review and report to the Congress by the Comptroller General (CG). (Sec. 213) Limits the total demonstration costs through FY 2003 with respect to the high altitude endurance unmanned vehicle program. Requires program review by the CG. (Sec. 214) Places an FY 1998 RDT&E funding limitation on the advanced anti-radiation guided missile program. (Sec. 215) Allows no more than 6,006 staff years of technical effort to be funded during FY 1998 for federally funded research and development centers. Directs the Secretary to report to the defense and appropriations committees on the allocation of such staff years among such centers during FY 1998 and 1999. (Sec. 216) Provides FY 1998 through 2000 funding goals among the military departments with respect to dual-use science and technology projects. Provides, with respect to such projects, for: (1) revised goals for national security reasons, after congressional notification; (2) the designation of a DOD official responsible for such projects; (3) a financial commitment from non-federal government participants; and (4) a report from the Secretary to the defense and appropriations committees. (Sec. 217) Authorizes the Secretary, in the national interest, to transfer amounts made available under this Division to certain counterproliferation programs, projects, and activities. Limits to $50 million the total amount of such transfers. (Sec. 218) Earmarks funds for the kinetic energy tactical anti-satellite technology program and the Clementine 2 micro-satellite near-Earth asteroid interception mission. Subtitle C: Ballistic Missile Defense Programs - Directs the Secretary to ensure that the National Missile Defense (NMD) program is structured and programmed to support a test in FY 1999 of an integrated NMD system that could achieve initial operational capability in FY 2003. Provides NMD system elements. Requires a report from the Secretary concerning NMD operational capability by such date. Provides FY 1998 NMD funding. (Sec. 222) Directs the Secretary to: (1) transfer to the Ballistic Missile Defense Organization (BMDO) for procurement for FY 1998 funds from specified military accounts; and (2) ensure that, in the future-years defense program, the procurement funding for BMDO is programmed for BMDO accounts rather than appropriations accounts of the armed forces. Subtitle D: Other Matters - Directs the Secretary to seek the participation of manufacturers of manufacturing equipment in projects under the manufacturing technology program. (Sec. 232) Extends through FY 2001 the authority for the use by commercial entities of DOD major range and test facilities. (Sec. 234) Revises and extends certain organizations within the national oceanographic partnership program. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD. Authorizes appropriations for FY 1998 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) Fisher House trust funds. (Sec. 304) Authorizes the transfer of up to $150 million to FY 1998 O&M accounts from the National Defense Stockpile Transaction Fund. Subtitle B: Depot-Level Activities - Prohibits the Secretary from entering into any contract for the performance of depot-level maintenance and repair (DLMR) of weapon systems or other DOD military equipment, or for the performance of related management functions, at any military installation that was approved in 1995 for closure under the Defense Base Closure and Realignment Act of 1990. Allows an exception after certification to the Congress and review by the CG. (Sec. 313) Directs the Secretary to report annually to the Congress describing each logistics capability that the Secretary identifies as a core logistics capability. Includes as a core logistics capability the capabilities, facilities, and equipment to maintain and repair weapon systems and other military equipment that are identified by the Secretary as necessary to enable the armed forces to fulfill contingency plans prepared by the Chairman of the Joint Chiefs of Staff. Requires all core logistics functions to be performed at Government-owned and operated facilities of DOD. (Sec. 314) Allows no more than 50 percent of the funds made available in a fiscal year for DLMR workload to be used to contract for the performance of such workload in non-Government owned and operated facilities. (Sec. 315) Directs the Secretary to designate each depot-level activity of the military departments and defense agencies as a Center of Industrial and Technical Excellence in the recognized core competencies of the activity. Provides for the formation of public-private partnerships for the performance of DLMR at such centers and for maximum utilization of center capacity. (Sec. 316) Prohibits civilian DOD employees performing DLMR workloads from being managed on the basis of any end strengths or other personnel constraints. (Sec. 317) Requires reports from the Secretary to the Congress on: (1) annual DLMR activities; and (2) the allocation of core logistics activities among DOD facilities and private sector facilities. (Sec. 319) Requires a review and report from the CG concerning the Navy's practice of using temporary duty assignments of personnel to perform ship maintenance and repair work at homeports not having Navy shipyards. (Sec. 320) Amends the National Defense Authorization Act for Fiscal Year: (1) 1996 to repeal a conditional repeal of certain DLMR laws and a related reporting requirement; and (2) 1991 to extend through FY 1998 the authority for naval shipyards and aviation depots to engage in defense-related production and services. Subtitle C: Environmental Provisions - Revises provisions relating to the storage and disposal on DOD property of nondefense toxic and hazardous materials. (Sec. 332) Requires additional information relating to the payment of fines and penalties assessed under environmental laws to be included in an annual report from the Secretary to the Congress on progress made in carrying out environmental restoration activities at military installations. (Sec. 333) Directs the Secretary to report annually to the Congress on DOD overseas environmental activities. (Sec. 335) Amends the National Defense Authorization Act for Fiscal Year 1997 to require certain additional information in cooperative agreements between the Secretary and an agency of a State or local government for obtaining assistance in certifying environmental technologies. Requires the Secretary to report to the Congress the guidelines established for reimbursing such agencies and for cost-sharing under such agreements. (Sec. 336) Directs the Secretary to utilize specified risk assessment methods in evaluating DOD facilities for purposes of allocating funds and establishing priorities for environmental restoration projects under the defense environmental restoration program. (Sec. 337) Directs the Secretary to prescribe regulations concerning the environmental restoration cost-recovery and cost-sharing activities of the military departments and defense agencies. (Sec. 338) Authorizes the Secretary to carry out a pilot program to assess the feasibility and advisability of the sale of economic incentives for the reduction of emission of air pollutants attributable to a military facility. Provides for the use of sale proceeds. (Sec. 339) Authorizes the Secretary to conduct and report to the Congress on a pilot program using existing technologies to determine: (1) the feasibility of tagging hydrocarbon fuels used by DOD for analysis and identification; (2) the deterrent effect of such tagging on the theft and misuse of such fuels; and (3) the extent to which such tagging assists in determining the source of surface and underground pollution. Provides funding. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes the use of various revenues received by DOD for the construction and improvement of commissary store facilities. (Sec. 352) Directs the Secretaries of the military departments to integrate the military exchange services no later than September 30, 2000. Requires the Secretaries to submit to the defense committees a plan for achieving such integration. Subtitle E: Other Matters - Prohibits, except under specified narrow circumstances, the advance billing of a customer for a working-capital fund. Requires the Secretary to report to the defense and appropriations committees whenever the aggregate amount of such advance billings not covered by a congressional notification exceeds $50 million. Prohibits the total amount of such advance billings for DOD working-capital funds and the Defense Business Operations Fund for FY 1998 from exceeding $1 billion. (Sec. 362) Authorizes the Secretary to operate a Center for Excellence in Disaster Management and Humanitarian Assistance at Tripler Army Medical Center, Hawaii. Authorizes an agreement with a higher education institution for joint operation of the Center. Provides FY 1998 funding. (Sec. 363) Provides that, whenever an official of an executive agency proposes or takes an administrative action that affects military training or other readiness activity in a significantly adverse manner, the Secretary shall submit to the defense committees a notification of such action along with each adverse effect. Requires a notification copy to be transmitted to the President and the head of the agency proposing or taking such action. (Sec. 364) Authorizes the Secretary of the Army to provide financial assistance to a State to support Army National Guard activities in such State. (Sec. 365) Authorizes the Secretary of the Army to sell to certain licensed manufacturers ammunition or ammunition components that are obsolete, unservicable, or excess to the Army. Requires the purchaser to enter into an agreement to demilitarize or recycle such ammunition or components. (Sec. 366) Requires the Director of the Defense Logistics Agency to develop and submit to the Congress a schedule for implementation of best commercial inventory practices for Agency supplies and equipment. (Sec. 367) Authorizes the Secretary to carry out a pilot program to use commercial sources of services to improve the collection of DOD claims under aircraft engine warranties. (Sec. 368) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides the authorized end strengths for active-duty forces as of the end of FY 1998. Repeals a Federal provision requiring a permanent active-duty end strength sufficient to support two simultaneous major regional contingencies. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1998 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 1998 for military personnel. Title V: Military Personnel Policy - Subtitle A: Personnel Management - Excludes certain active-duty and reserve officers currently on promotion lists from consideration by later promotion boards. (Sec. 502) Increases the authorized number of officers authorized to be frocked (to wear the insignia of the next higher officer grade even though the promotion to such grade is not yet final). (Sec. 503) Authorizes Navy chaplains who are not on the retired list to serve as a chief or deputy chief of Navy chaplains. Authorizes the Secretary of the Navy to defer the retirement of such officers if the person will be serving in such capacity during the deferred period. (Sec. 504) States that a current limitation on the authorized period of recalled service shall not apply to chaplains or health care professionals assigned to active duty in such capacity, or to an officer assigned to duty with the American Battle Monuments Commission. Subtitle B: Matters Relating to Reserve Components - Terminates the Ready Reserve Mobilization Income Insurance Program. Requires the Secretary to study and report to the Congress on the reasons for fiscal deficiencies in such Program and whether there is a need for a new program. (Sec. 512) Authorizes the separation of a reserve officer in an inactive status with the Standby Reserve who is not qualified for transfer to the Retired Reserve, or who, if qualified, does not apply for such transfer. (Sec. 513) Authorizes the retention until age 60 of military technicians in the grade of brigadier general. (Sec. 514) Provides that the performance of honor guard functions by members of the National Guard at funerals for veterans may be treated as a Federal function for which appropriated funds may be used. Subtitle C: Education and Training Programs - Authorizes the Secretary of the military department concerned to enter into an agreement with an authorized foreign government official to carry out a military academy foreign exchange study program. Provides agreement terms and special rules for the Federal recognition of foreign students studying in the United States. (Sec. 522) Authorizes for instruction at the Community College of the Air Force enlisted members of the Army, Navy, or Air Force who are serving as instructors at an Air Force training school. (Currently, enrollment is limited to Air Force enlisted personnel.) (Sec. 523) Preserves beyond a current ten-year delimiting period the educational assistance entitlement for members of the Selected Reserve serving on active duty in support of a contingency operation. (Sec. 524) Repeals Federal law providing certain staffing and safety requirements for the Army Ranger Training Brigade. Subtitle D: Decorations and Awards - Makes eligible for the award of a military service medal for heroism a member of the Ready Reserve who was not in a duty status at the time the member distinguished himself by heroism. (Sec. 532) Provides that time limits for the submission for recommendation for military decorations or awards shall not apply to specified individuals with respect to the award of the Silver Star Medal, the Navy and Marine Corps Medal, and the Distinguished Flying Cross. (Sec. 533) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend to February 9, 1998, the period for the receipt of recommendations for decorations and awards for certain military intelligence personnel previously prevented by secrecy requirements from receiving such awards. (Sec. 534) Authorizes unit decorations to be awarded to certain units that supported the execution of combat operations during World War II. Subtitle E: Military Personnel Voting Rights - Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for voting rights purposes, a person absent from a State in compliance with military orders shall not be deemed to have: (1) lost a residence in that State; or (2) acquired a residence in, or become a resident of, another State. (Sec. 543) Amends the Uniformed and Overseas Absentee Voting Act to require each State, in elections for State and local offices, to permit absentee military personnel to use absentee voter procedures to vote in such elections and to accept and process military absentee voter registration applications. Subtitle F: Other Matters - Expresses the sense of the Congress that the CG should study and report to the Congress on any inequality in the treatment of men and women in the armed forces arising out of statutes or regulations. (Sec. 552) Establishes the Commission on Gender Integration in the Military to review and assess the current practices of the armed forces and the private sector pertaining to gender-integrated training. (Sec. 553) Authorizes any commanding officer or officer in charge who receives a complaint alleging sexual harassment by a member of the military or a civilian DOD employee to act appropriately on such complaint within 72 hours and to ensure that the complaint investigation is completed within 14 days. Requires specified reports from such officers, the department Secretaries receiving the forwarded complaints, and the Secretary. (Sec. 554) Requires exemplary moral and other appropriate conduct from all commanding officers and others in authority in the Army and Air Force. (Sec. 555) Authorizes the Secretary concerned to allow a member of the armed forces or a civilian officer or employee of DOD or the Coast Guard to serve in a management capacity with specified military welfare societies and other authorized entities. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. Subtitle B: Subsistence, Housing, and Other Allowances - Part I: Reform of Basic Allowance for Subsistence - Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on January 1, 1998. Part II: Reform of Housing and Related Allowances - Redesignates the basic allowance for quarters as the basic allowance for housing (BAH). Authorizes a temporary housing allowance for members in pay grades above E-4 who are in a travel or leave status between permanent duty stations. Authorizes the payment of a BAH for certain dependents of military personnel who die while on active duty. Provides special rules for the payment of a BAH to a member with dependents in the case of a member paying child support. Entitles to a BAH a member with dependents who is assigned to an unaccompanied tour of duty outside the continental United States. Repeals the variable housing allowance. States that a member without dependents who is not entitled to a BAH shall be entitled to a partial allowance for quarters determined by the Secretary. (Sec. 617) Directs the Secretary to prescribe monthly rates for the BAH on a geographic-cost basis. Directs the Secretary to redetermine such rates when basic pay rates are increased. Provides for: (1) protection from housing rate reductions for certain for certain personnel; and (2) a fiscal year limitation on the total allowances paid for housing located inside the United States. Directs the Secretary to prescribe the rate of the temporary housing allowance for members in a travel or leave status between permanent duty stations. Provides the rates of the BAH for dependents of members who die while on active duty and members paying child support, as well as the rate of the partial allowance for quarters for members without dependents. (Sec. 618) Changes the dislocation allowance rates from a rate based on a member's pay grade to a rate based on a percentage of the monthly national average cost of housing for members of the same grade and dependency status. (Sec. 619) Repeals Federal provisions: (1) making the family separation allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade; and (2) providing a station allowance for members on duty outside the United States. Part III: Other Amendments Relating to Allowances - Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 627) Allows payment of the Ready Reserve muster duty allowance no later than 30 days after such duty is performed. Subtitle C: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 634) Increases the aviation career incentive pay and the aviation continuation pay. Extends through FY 2005 the authority for the continuation pay. (Sec. 636) Makes dental officers eligible for the same multiyear retention bonus currently paid to medical officers of the armed forces. Increases dental officer special pay amounts. (Sec. 638) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 639) Makes changes similar to the Selected Reserve reenlistment bonus for former enlisted personnel who enlist for three-year periods in the Selected Reserve. (Sec. 640) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 641) Authorizes the Secretary concerned to pay bonuses in lieu of special pay for enlisted personnel extending their tours of duty at designated overseas locations. Prohibits the concurrent receipt by such personnel of such an annual bonus and rest and recuperative absence or transportation. Requires pro rata repayment of an unearned bonus. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 652) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 653) Considers SBP coverage as paid in entirety after the earlier of 30 years of pay deductions for such coverage or the month in which the member attains 70 years of age. (Sec. 654) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. Subtitle E: Other Matters - Entitles to basic pay and allowances, medical and dental care, and disability retirement or separation benefits, as well as for the recovery, care, and disposition of remains, a reserve member who is physically disabled as a result of injury, illness, or disease aggravated in the line of duty while remaining overnight immediately before the commencement of inactive-duty training. (Sec. 662) Authorizes the Secretary concerned to pay travel and transportation allowances for dependents of members sentenced by court-martial when action on the sentence is pending. (Sec. 663) Makes members of the Public Health Service, National Guard, and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. Title VII: Health Care Provisions - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating under the Navy) to waive any required deductibles, copayments, or annual fees on behalf of military personnel assigned to permanent duty as recruiters, educational instructors, or unit advisors and residing more than 50 miles or one hour from the nearest military health care facility. (Sec. 702) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 703) Directs the administering Secretaries to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 704) Authorizes CHAMPUS medical and dental care for certain reserve personnel who were Persian Gulf War veterans and who register a sympton or illness presumed to be a result of such service. (Sec. 705) Authorizes the Secretary to collect dental insurance premiums through military pay deductions. (Sec. 706) Makes the administering Secretaries (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 707) Authorizes the provision of the following prosthetic devices to military dependents: (1) artificial limbs, voice prostheses, and artificial eyes; and (2) any device determined necessary due to one or more significant impairments resulting from trauma, congenital anomaly, or disease. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Authorizes the head of a defense agency to waive a restriction against entering into undefinitized contract actions when determined necessary in order to support a humanitarian or peacekeeping operation. (Sec. 803) Authorizes the Secretary or the Secretary concerned to enter into a contract for the procurement of severable services for a period that crosses fiscal years, as long as the contract period does not exceed one year. (Sec. 804) Makes unallowable as costs under a defense contract compensation costs of contractor senior executives which exceed the benchmark compensation amount determined under this section by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act. Makes an identical nonallowability amendment under the Federal Property and Administrative Services Act of 1949. (Sec. 805) Authorizes the purchase by DOD of right-hand drive vehicles at a cost of vehicles at a cost of up to $30,000 (currently $12,000) each. (Sec. 806) Authorizes the Secretary of the Navy (currently, the Secretary of Defense) to enter into shipbuilding capability preservation agreements (currently, defense capability preservation agreements). Directs the Secretary of the Navy to: (1) establish application procedures and procedures for the expeditious consideration of such agreements; and (2) report to the defense and appropriations committees on applications for such agreements. (Sec. 807) Amends the Drug-Free Workplace Act of 1988 to remove a certification requirement for grants authorized under such Act. (Sec. 808) Repeals Federal provisions prohibiting the Secretary concerned from adjusting the price under a shipbuilding contract to reflect an amount set forth in a claim or demand for payment under such contract arising out of certain contract events. Subtitle B: Contract Provisions - Revises the guarantees required of a defense prime contractor (conformity, free from defects) when entering into a contract for the production of a major system (currently, major weapon system). Provides an exception for a major system or system component furnished by the United States. (Sec. 812) Provides for vesting of title to the United States under contracts paid under partial or progress payment arrangements. Subtitle C: Acquisition Assistance Programs - Earmarks funds for FY 1998 for the procurement technical assistance program and specific programs under such program. (Sec. 822) Amends the National Defense Authorization Act for: (1) Fiscal Year 1991 to extend through FY 2000 the pilot mentor-protege program; and (2) Fiscal Years 1990 and 1991 to extend through FY 2000 a test program for the negotiation of comprehensive subcontracting plans. Subtitle D: Administrative Provisions - Provides for the retention of amounts collected from a contractor as a result of claims under the Contract Disputes Act of 1978 during the pendency of any litigation concerning such claim. Directs the Under Secretary of Defense (Comptroller) to report annually to the Congress on any such amounts available for obligation. (Sec. 832) Prohibits from disclosure for a five-year period of certain information submitted to DOD as part of a possible award of a cooperative agreement. (Sec. 833) Revises content requirements with respect to limited selected acquisition reports and unit cost reports. (Sec. 835) Directs the Under Secretary of Defense for Acquisition and Technology to designate an official to serve as a central point of contact for certain contracting information. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 a required report concerning DOD payment of any business restructuring costs under a defense contract. Requires specified reports from the Secretary and the CG with respect to the effect on DOD of any business combinations of major defense contractors. (Sec. 842) Authorizes the director of a defense agency, when considered advantageous, to lease nonexcess personal property of that agency under specified terms and conditions, including a lease term of no more than five years (unless the national defense or public interest would be better served by alonger lease). Requires lease amounts received to be used solely for the maintenance, repair, or replacement of the leased property. (Sec. 843) Directs the Secretary concerned, upon presidential approval of a report of a selection board for the promotion above grade O-4 of a member of the Acquisition Corps of a military department, to submit a copy of such report to the Under Secretary of Defense for Acquisition and Technology for review. Requires a subsequent report from such Under Secretary to the defense committees. Title IX: Department of Defense Organization and Management - Establishes in DOD a National Defense University made up of specified component institutions already in existence. (Sec. 903) Authorizes the CINC Initiative Fund to be used for force protection. (Sec. 904) Directs the Secretary to transfer functions of the Tactical Intelligence and Related Activities aggregation to DOD officials outside of the intelligence community, along with the funding for such activities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD under this Division for FY 1998 between any such authorizations for that fiscal year, with a total transfer limit of $2.5 billion. Requires congressional notification of any such transfers. (Sec. 1002) Authorizes certain unauthorized FY 1997 defense appropriations to be obligated for DOD programs, projects, and activities in accordance with FY 1997 defense appropriations. (Sec. 1003) Adjusts the amounts authorized to DOD for FY 1997 by the amount by which appropriations pursuant to such authorization were increased in the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia. (Sec. 1004) Amends the National Defense Authorization Act for Fiscal Year 1996 to increase from $2 billion to $3.1 billion the amount authorized to be transferred between any defense authorizations for that fiscal year. (Sec. 1005) Directs the Secretary to submit biannually to the Congress a strategic plan for improving financial management within DOD. (Sec. 1006) Allows Fisher House trust funds to be used only for the operation (currently, operation and maintenance) of Fisher Houses. (Sec. 1007) Authorizes the Secretary to use specified FY 1991 Army procurement funds to reimburse the Government for any judgment against the United States rendered in the case of a certain appeal by the McDonnell Douglas Company. (Sec. 1008) Prescribes information required to be included by the Secretary in each future-years defense program with respect to the procurement of equipment and military construction for each of the reserve components. Provides for a conditional report with respect to such procurements. Subtitle B: Naval Vessels and Shipyards - Authorizes the Secretary of the Navy to enter into a long-term charter for a vessel to support the Surveillance Towed Array Sensor Program through FY 2004. (Sec. 1012) Outlines procedures for the sale of vessels stricken from the Naval Vessel Register. (Sec. 1013) Authorizes the Secretary of the Navy to sell specified naval vessels to Brazil, Chile, Egypt, Israel, Malaysia, Mexico, the Taipei Economic and Cultural Representative Office in the United States, and Thailand. Requires such Secretary, as a condition of such sales, to require any pre-sale vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard. Subtitle C: Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1997 to extend through FY 1998 the authority to provide certain support for counter-drug activities of Mexico. (Sec. 1022) Authorizes the Secretary, during FY 1998 through 2002, to provide to either or both of the Governments of Peru and Colombia specified support for counter-drug activities. Provides funding and requires certain congressional certification and a 15-day waiting period before fund obligation or expenditure. Subtitle D: Reports and Studies - Repeals various reports and reporting requirements under Federal armed forces provisions, prior defense authorization and appropriations Acts, and the Office of Federal Procurement Policy Act. (Sec. 1032) Requires the Chairman of the Joint Chiefs of Staff (JCS) to develop a common means of measuring the operations and personnel tempos of each military department. (Sec. 1033) Directs the Secretary to report to the Congress on the overseas deployment of military personnel. (Sec. 1034) Directs the JCS Chairman to submit to the defense and appropriations committees a report on the military readiness requirements of the active and reserve forces as prepared by the JCS Chairman and the commanders of the unified commands. (Sec. 1035) Directs the Secretary to report to the defense committees on the readiness posture of units of the armed forces that provides for a rotation of such units between states of high and low readiness. (Sec. 1036) Expresses the sense of the Congress that: (1) the President should develop alternatives to the current arrangement for forward basing of U.S. armed forces outside the United States; and (2) a continued U.S. military presence in the Pacific Rim is vital to U.S. protection of interests in that region. Directs the Secretary to report to the defense committees on defense overseas infrastructure requirements. (Sec. 1037) Directs the Under Secretary of Defense (Comptroller) to report to the defense committees on aircraft in the DOD inventory. (Sec. 1038) Directs the Secretary to report to the Congress on actions taken or planned within DOD to address problems involved with the sale or other disposition of excess materials. (Sec. 1039) Directs the Secretary to conduct a comprehensive review of, and report to the defense committees on, the current Federal protections and benefits afforded to former spouses of current and former military personnel and to former spouses of current and former Federal employees. (Sec. 1040) Authorizes the CG to conduct an audit, evaluation, review, or report only after the CG certifies that the General Accounting Office has completed all prior audits, evaluations, reviews, and reports that were requested by the Congress before such certification. Subtitle E: Other Matters - Directs the Secretary to submit to the President a recommended amendment to the Military Rules of Evidence that recognizes an evidentiary privilege regarding disclosure by a psychotherapist of confidential communications of a patient. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1998 the National Guard Civilian Youth Opportunities pilot program. Limits the total number of programs carried out to the number in existence at the end of FY 1995. Provides Federal cost share limits. Limits to $20 million the authorized expenditures under the program for a fiscal year. (Sec. 1053) Directs the Secretary to ensure that units of the armed forces engaged in peace operations have adequate troop protection equipment. Requires a report. (Sec. 1054) Prohibits DOD funds from being obligated or expended during FY 1998 for retiring or dismantling specified strategic nuclear delivery systems below certain levels. Provides a waiver in order to implement the SALT II Treaty. Provides funding limitations with respect to substantial early deactivations to reach such levels. Requires the President to report to the Congress on such actions. Directs the Secretary to report to the defense and appropriations committees a contingency plan for the sustainment beyond October 1, 1999, of U.S. strategic nuclear delivery systems and alternative force structures in the event that a strategic arms reduction agreement subsequent to the Strategic Arms Reduction Treaty does not enter into force before 2004. (Sec. 1055) Authorizes the Secretary concerned to accept payments of landing fees for the use of overseas military airfields by civilian aircraft. (Sec. 1056) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1998 the International Nonproliferation Initiative (with the same $15 million spending limit for the additional fiscal year). (Sec. 1057) Authorizes DOD's On-Site Inspection Agency, upon request of the facility's owner or operator, to provide technical assistance to a facility that is subject to a routine or challenge inspection under the Chemical Weapons Convention. (Sec. 1058) Expresses the sense of the Senate that the President should: (1) ensure that the United States is able to construct and operate necessary facilities for the destruction of the U.S. stockpile of lethal chemical agents and munitions as required under the Chemical Weapons Convention; and (2) encourage Federal-State negotiations to meet concerns about actions being taken to carry out such demilitarization. (Sec. 1059) Expresses the sense of the Congress prohibiting, except in specific limited circumstances, the authorization of appropriations for reserve component modernization activities not included in a DOD budget request. (Sec. 1060) Authorizes the Secretary (currently, the CG) to waive certain time limitations for the settling of claims relating to military pay, allowances, and other benefits. (Sec. 1061) Directs the Secretary to report to the Congress on actions taken to ensure adequate coordination of operational intelligence support for the commanders of the combatant commands and deployed military units. (Sec. 1063) Authorizes the appropriate official, under specified circumstances, to deny a request for public disclosure of safety-related information that has been provided voluntarily by an air carrier as part of a contract for the charter air transportation of military personnel. (Sec. 1064) Directs the Secretary, with respect to the Global Positioning System (GPS), to: (1) provide for the sustainment of its capabilities and services that are beneficial to U.S. national security; (2) prevent its hostile use; (3) sustain its capabilities and services for peaceful civil, commercial, and scientific uses on a continuous worldwide basis free from direct user fees; (4) use it to meet performance requirements of the Federal Radionavigation Plan; (5) augment the system to enhance its support of transportation; and (6) find new and expanded civil uses. Calls for international cooperation with respect to GPS use. Requires a GPS report from the Secretary to the defense and appropriations committees. (Sec. 1065) Authorizes special agents of the Defense Criminal Investigative Service to carry firearms, execute and serve warrants, and make arrests without warrants for certain offenses. (Sec. 1066) Amends the Military Construction Authorization Act, 1968 to repeal the requirement for the continued operation of the Naval Academy Dairy Farm in Gambrills, Maryland. (Sec. 1067) Requires the Director of Central Intelligence to establish a POW-MIA Intelligence Analysis Cell to provide analytical support on POW-MIA matters to all Federal departments and agencies involved with such matters. Requires the Cell to be the primary source of support in the preparation of the Special National Intelligence Estimate on POW-MIA matters. (Sec. 1068) Protects Federal employees from retaliation for certain disclosures of classified information when such information is disclosed: (1) to provide evidence of a violation of law, gross mismanagement, waste of funds, abuse of authority, substantial and specific danger to public health or safety, or a false statement to the Congress; and (2) to a person or element having oversight responsibilities and cleared for the receipt of such information. (Sec. 1069) Amends the Veterans' Benefits Improvements Act of 1996 to make certain Federal pay authorities inapplicable to Federal annuitants or former military personnel who are members of the Commission on Servicemembers and Veterans Transition Assistance. (Sec. 1070) Authorizes the Secretary of the Air Force to transfer to the Planes of Fame Museum, Chino, California, all rights and interest to the aircraft known as the "Picadilly Lilly." (Sec. 1071) Extends through FY 2002 the aviation insurance program. (Sec. 1072) Prohibits a military flight operation from being treated as a transportation program held on or over public land requiring prior approval by the Secretary of Transportation. (Sec. 1073) Amends the Immigration and Nationality Act to provide for the naturalization of Philippine nationals who served honorably in the U.S. armed forces during World War II. (Sec. 1074) Designates Bob Hope as an honorary veteran of the U.S. armed forces. Title XI: Department of Defense Civilian Personnel - Directs the Secretaries of the military departments and the heads of the defense agencies to report semiannually to the defense committees on the management of the civilian workforce under their jurisdiction. (Sec. 1102) Authorizes the employment of civilian faculty at a school of the Marine Corps University. (Sec. 1103) Requires DOD to remit to the Office of Personnel Management 15 percent of the final basic pay of an individual who agrees to be separated from the armed forces under the DOD voluntary separation incentive program. Requires such remittance to be credited to the Civil Service Retirement and Disability Fund. Extends the incentive program through FY 2001. (Sec. 1104) Repeals a provision requiring the Secretary to ensure the placement in the competitive service, within six months after separation from the military reserve, of technicians who were involuntarily separated after at least 15 years of retirement-creditable military service. (Sec. 1105) Revises the pay rate for DOD overseas teachers upon their transfer to a General Schedule position with the Government. (Sec. 1106) Amends the Intelligence Authorization Act, Fiscal Year 1990 to remove conditions for the naturalization of employees of the George C. Marshall European Center for Security Studies in Garmisch, Germany. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1998 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title XXII: Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2405) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 2407) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act for a project at McClellan Air Force Base, California. (Sec. 2408) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. (Sec. 2409) Extends the availability of funds under a prior defense appropriations Act for construction of an over-the-horizon radar at Naval Station Roosevelt Roads, Puerto Rico. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Increases the amount authorized under a prior military construction authorization Act for a project at the Aviation Support Facility in Hilo, Hawaii. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from $200,000 to $500,000 the threshold for minor land acquisition projects. (Sec. 2802) Authorizes the Secretary concerned to transfer all or part of a utility system located on a military installation to a local utility or other appropriate entity for fair market value. (Sec. 2803) Authorizes the Secretary concerned, when exchanging real property or granting an easement, lease, or license of real property, to collect from the receiver the administrative expenses incurred. (Sec. 2804) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. Subtitle B: Land Conveyances - Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to repeal a provision authorizing the Secretary of the Army to transfer to Fairfax County, Virginia, the Engineer Proving Ground at Fort Belvoir, Virginia. (Sec. 2813) Authorizes the Secretary of the Army to convey to Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 2814) Authorizes the Secretary of the Navy to acquire by long-term lease facilities of a regional hospital complex in Naples, Italy, determined to be necessary for the Naples Improvement Initiative. Terminates the lease authority on September 30, 2002. (Sec. 2815) Authorizes the Secretary of the: (1) Navy to convey to the Maine School Administrative District No. 75, Topsham, Maine, a parcel of the Topsham Annex, Naval Air Station in Brunswick, Maine; (2) Navy to convey to Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay, New York; (3) Air Force to convey to Bangor, Maine, the Charleston Family Housing Complex in Bangor; and (4) Air Force to convey to the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property located at Ellsworth Air Force Base, South Dakota. Subtitle C: Other Matters - Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1998 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) other defense activities; (4) defense environmental management privatization; and (5) defense nuclear waste disposal. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, the Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits. (Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers. (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Provides contract requirements for defense environmental privatization projects. Requires a report to the defense and appropriations committees followed by a 30-day waiting period before the Secretary may enter into such a contract. Limits cost variations on such contracts. Requires the Secretary to notify such committees of the intent to use project funds to terminate such a contract. Requires an annual report from the Secretary to such committees on activities conducted under such contracts and a single report on whether such contracts should be entered into in the absence of sufficient appropriations. (Sec. 3132) Prohibits, with exceptions, FY 1998 DOE funds from being used for activities associated with international cooperative stockpile stewardship. (Sec. 3133) Earmarks funds authorized in this Division for: (1) the DOE modernization of the enduring nuclear weapons complex; (2) activities related to tritium production to meet stockpile requirements; and (3) the processing, treatment, and disposition of spent nuclear fuel rods and other materials at the Savannah River Site. Requires a report with respect to (1) and (2). (Sec. 3135) Prohibits the use of DOE funds after FY 1997 for DOE laboratory-directed research and development (R&D) unless such activities support DOE's national security mission, environmental restoration or waste management mission, or materials stabilization mission. Limits FY 1998 funding for such R&D until receipt by the defense and appropriations committees of a related report required under a previous defense authorization Act. Requires in such report an assessment of necessary R&D funding. (Sec. 3137) Amends the National Defense Authorization Act for Fiscal Year 1997 to make permanent (currently expires on September 30, 1997) the authority for the transfer between programs or projects of defense environmental management funds. (Sec. 3138) Prohibits DOE from recovering from certain parties the cost of any environmental response actions at a site included in the Formerly Utilized Site Remedial Action Project program other that costs stipulated in a binding, written agreement with such parties. Subtitle D: Other Matters - Amends the Department of Energy Organization Act to repeal: (1) certain requirements concerning the promulgation and publication of DOE administrative rules, regulations, or orders; and (2) a provision which makes the Federal Energy Administration Act of 1974 applicable to advisory committees chartered by the Secretary. (Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a requirement that the EPA Administrator conduct a study on the effect of appointment by the Secretary of certain scientific, engineering, and technical personnel on the conduct of remedial actions at sites listed on the National Priorities List; and (2) extend through FY 1999 the authority of the Secretary to make such appointments. (Sec. 3153) Directs the Secretary to submit to the defense and appropriations committees a plan and program for the stewardship, management, and certification of warheads in the nuclear weapons stockpile. (Sec. 3155) Repeals various obsolete reporting requirements under the Atomic Energy Act and prior defense authorization Acts. (Sec. 3156) Establishes the Commission on Safeguards and Security at Department of Energy Facilities to conduct reviews, make determinations and evaluations, and report to the defense and appropriations committees with respect to DOE facility security. Terminates the Commission after submission of its report. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Year 1997 to revise the authority of, and extend certain report deadlines for, the Commission on Maintaining United States Nuclear Weapons Expertise. (Sec. 3158) Directs the Secretary to transfer to the Secretary of the Interior administrative jurisdiction over specified real property at the Bandalier National Monument, New Mexico. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1998 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1998, to obligate up to $60 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 3303) Directs the President to dispose of NDS materials. Specifies disposal limits. (Sec. 3304) Directs the Secretary of the Treasury, upon request from the Secretary of Defense, to return to such Secretary for sale or other disposition NDS platinum previously loaned to the Treasury Department. Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1998 for activities relating to the naval petroleum reserves. (Sec. 3402) Authorizes the Secretary to lease U.S. interests in Oil Shale Reserves Number 1, 2, and 3 to one or more private entities for petroleum exploration, development, and production. (Sec. 3403) Repeals a provision requiring the assignment of certain Navy officers to the Office of Naval Petroleum and Oil Shale Reserves. Title XXXV: Panama Canal Commission - Subtitle A: Authorization of Expenditures from Revolving Fund - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1998, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties. Subtitle B: Facilitation of Panama Canal Transition - Panama Canal Transition Facilitation Act of 1997 - Part I: Transition Matters Relating to Commission Officers and Employees - Consents to the acceptance by the Administrator of the Commission of appointment by the Republic of Panama as Administrator of the Panama Canal Authority (such Authority to become the successor to the Commission on December 31, 1999, when Canal ownership is transferred from the United States to Panama). Waives certain: (1) conflict-of-interest provisions with respect to the Administrator; and (2) post-employment restrictions for current Commission personnel who become Authority employees after the Canal transfer date. Consents to Authority employment for retired military personnel, reserve personnel, and members of the Commissioned Reserve Corps of the Public Health Service. Repeals current Commission limitations in establishing compensation levels for Commission officers and employees. (Sec. 3524) States that Commission personnel travel, transportation, and subsistence expenses shall no longer be subject to Federal travel regulations. (Sec. 3525) Authorizes the Commission to pay a recruitment bonus to a newly appointed individual, or a relocation bonus to a current Commission employee who must move, if: (1) the Commission determines that it would have difficulty in filling such a position absent such bonus; or (2) the employee has unusually high or unique qualifications. (Sec. 3526) Authorizes transition separation incentive payments for Commission personnel. (Sec. 3527) Provides for Commission personnel collective bargaining rights and required labor-management negotiations. (Sec. 3528) Makes funds from the Panama Canal Revolving Fund available for severance pay for certain employees separated by the Authority after the Canal transfer date. Part II: Transition Matters Relating to Operation and Administration of Canal - Amends the Panama Canal Act of 1979 to direct the Commission to establish by regulation a comprehensive procurement system to be known as the Panama Canal Acquisition Regulation. Directs the Secretary of Defense to establish the Panama Canal Board of Contract Appeals with exclusive jurisdiction to decide an appeal from a decision of a contracting officer. Requires such Board to be functional no later than January 1, 1999. (Sec. 3543) Reduces from two years to one year after the date of the alleged injury the time limit for the filing of claims with the Commission. (Sec. 3544) Authorizes the Commission to: (1) set a separate toll rate for small vessels; (2) appoint U.S. citizens as notaries public; and (3) conduct and promote commercial activities related to Canal management, operation, or maintenance. (Sec. 3548) Transfers from the President to the Commission certain regulatory functions relating to Commission employment classification appeals.

Dutch John Federal Property Disposition and Assistance Act of 1998

United States · United States Congress · 12 June 1997

Dutch John Federal Property Disposition and Assistance Act of 1997 - Provides for the transfer or disposal of certain Federal properties at Dutch John, Utah. Transfers lands designated for disposal from the jurisdiction of the Secretary of Agriculture (Secretary), acting through the Chief of the Forest Service, to the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (BLM), and, if appropriate, the Postal Service. Removes such lands from inclusion in the Ashley National Forest and the Flaming Gorge National Recreation Area. Directs the Secretary of the Interior to transfer administrative jurisdiction over certain lands acquired for the Central Utah Project and developed for wildlife mitigation to the Secretary. Incorporates such lands into the Ashley or Uinta National Forests. Directs the Secretary to transfer administrative jurisdiction over certain lands to the Postal Service. Requires the Secretary of the Interior to conduct appraisals to determine the fair market value of properties designated for disposal. Conveys specified infrastructure facilities, land, and public schools to Daggett County, and certain facilities of the Utah Division of Wildlife Resources to the Division, without consideration. Sets forth requirements for the purchase of disposed residential properties. Bases priority in purchasing on seniority of reclamation lease or residency in Dutch John. Limits households to one residential lot. Sets forth requirements for the purchase of unoccupied lots, special use lands, and church land. Transfers all water rights to the Dutch John municipal water system to the County, subject to certain conditions. Requires the Secretary to consider issuance of a special use permit affording Flaming Gorge Reservoir public shoreline access and use within the vicinity of Dutch John in conjunction with commercial visitor facilities provided under such a permit. Directs the Secretary, before transfer or disposal of any land that contains cultural resources and may be eligible for listing on the National Register of Historic Places, to prepare a memorandum of agreement, for review and approval by the Utah Office of Historical Preservation and the Advisory Council on Historic Preservation, that contains a strategy for protecting or mitigating adverse effects on cultural resources. Conveys such land to the County upon completion of actions required under the agreement. Requires the Secretary of the Interior to provide training and transitional operating assistance to County personnel designated as successors to operators of conveyed infrastructure facilities. Provides for annual payments to the County, for up to 15 years, for purposes of defraying administrative transition costs. Makes available a limited amount of electric power and energy from the Colorado River Storage Project for the Dutch John community. Authorizes appropriations.

1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia

United States · United States Congress · 12 June 1997

TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for the Department of Defense Chapter 1: Department of Defense - Military Chapter 2: Rescissions Chapter 3: General Provisions - This Title Title II: Emergency Supplemental Appropriations for Recovery from Natural Disasters Chapter 1: Department of Agriculture Chapter 2: Department of Commerce Chapter 3: Department of Defense - Civil Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Congressional Operations Chapter 8: Department of Transportation Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Offsets and Rescissions Title III: General Provisions - This Act Title IV: Cost of Higher Education Review Title V: Depository Institution Disaster Relief Title VI: Technical Amendments With Respect To Education Title VII: Food Stamp Program Title VIII: 2000 Decennial Census 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia - Title I: Emergency Supplemental Appropriations for the Department of Defense - Chapter 1: Department of Defense - Military - Makes emergency supplemental appropriations to the Department of Defense (DOD) - Military for: (1) military personnel, Army, Navy, Marine Corps, and Air Force; (2) operation and maintenance (O&M), Overseas Contingency Operations Transfer Fund; (3) OPLAN 34A-35 prisoner-of-war (P.O.W.) payments to individuals; and (4) the Reserve Mobilization Income Insurance Fund. (Sec. 101) Directs the Secretary of the Navy to transfer specified funds to reimburse costs incurred for repairing damage caused by hurricanes, flooding, and other natural disasters during 1996 and 1997 to real property and facilities at Marine Corps facilities (including Camp Lejeune and Cherry Point, North Carolina; and the Mountain Warfare Training Center, Bridgeport, California). (Sec. 102) Makes additional appropriations for: (1) direct patient care at military treatment facilities; (2) force protection and counter-terrorism activities; and (3) a grant to the American Red Cross for armed forces emergency services. (Sec. 105) Requires the President to submit to the Congress a report on the estimated cumulative cost of all U.S. activities relating to Bosnia after December 1, 1995, and a detailed accounting of the source of funds to meet such costs. (Sec. 106) Makes additional appropriations to cover incremental O&M costs from hurricane damage to family housing units at Marine Corps Base Camp Lejeune and Marine Corps Air Station Cherry Point, North Carolina. Chapter 2: Rescissions - Rescinds specified funds provided in the Department of Defense Appropriations Act, 1997 for: (1) military personnel of the Army, Navy, Marine Corps, and Air Force; (2) O&M for the Army, Navy, Marine Corps, and Air Force as well as defense-wide O&M; (3) environmental restoration by the Army, Navy, and Air Force, as well as defense-wide environmental restoration and environmental restoration of formerly used defense sites; (4) former Soviet Union threat reduction; (5) the National Defense Sealift Fund; (6) the Defense Health Program; and (7) drug interdiction and counter-drug activities. Rescinds funds made available in such Act and certain other defense appropriations Acts for: (1) various types of procurement, including aircraft, missile, weapons, tracked combat vehicles, shipbuilding and conversion, and ammunition, by various branches of the armed forces; (2) National Guard and reserve equipment; (3) armed forces research, development, test and evaluation; and (4) chemical agents and munitions destruction. (Sec. 201) Rescinds specified amounts of the funds appropriated in specified categories in: (1) the Military Construction Appropriations Act, 1996, including the Base Realignment and Closure Account; (2) the Military Construction Appropriations Act, 1997; and (3) the Military Construction Appropriations Act, 1995. Chapter 3: General Provisions - This Title - Directs DOD to report to the congressional defense committees prior to transferring management, development, and acquisition authority over the National Missile Defense Program from the military services. Requires the Joint Requirements Oversight Council to submit recommendations to such committees on the future roles of the military services with respect to such program. (Sec. 302) Authorizes the incumbent to continue to serve as the Secretary of Defense designee on the Board of the Panama Canal Commission if he retires as an officer of DOD, until and unless the Secretary designates another person to serve in this position. (Sec. 303) Authorizes the Secretary to enter into an agreement, which meets certain requirements, for the lease of a specified building at the Lexington Blue Grass Station, Lexington, Kentucky, and any associated real property, for use by the Defense Finance and Accounting Service. (Sec. 304) Authorizes the continuing obligation and expenditure of certain funds appropriated for Navy weapons procurement that were obligated and expended to settle claims on the MK-50 torpedo program. (Sec. 305) Prohibits the use of any DOD funds to pay the cost of operating a National Missile Defense Joint Program Office which includes more than 55 military and civilian personnel located in the National Capital Region. (Sec. 306) Requires the merger of certain National Aeronautics and Space Administration (NASA) and Air Force funds for obligation only on Titan IV vehicles and related activities. Title II: Emergency Supplemental Appropriations for Recovery From Natural Disasters - Chapter 1: Department of Agriculture - Makes emergency appropriations for FY 1997 with respect to flood and other natural disaster costs to the Department of Agriculture for: (1) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account for the additional cost of certain emergency insured and operating loans (including loan modifications); (2) the Emergency Conservation Program for expenses, including carcass removal; (3) the Tree Assistance Program for assistance to small orchardists to replace or rehabilitate disaster-damaged trees and vineyards; and (4) the Commodity Credit Corporation Fund, Disaster Reserve Assistance Program, to implement a livestock indemnity program. Makes such appropriations to: (1) the Natural Resources Conservation Service, for watershed and flood prevention operations to repair damages to the waterways and watersheds; (2) the Rural Housing Service, Rural Housing Insurance Fund Program Account, for the cost of specified loans and domestic farm labor grants for emergency expenses; and (3) the Rural Utilities Service, Rural Utilities Assistance Program, for the cost of direct loans, loan guarantees, and grants for emergency expenses. Bars the use of watershed and flood prevention funds for the salmon memorandum of understanding. Authorizes the use of certain community facility grants for the Rural Housing Assistance Program for expenses resulting from natural disasters. Makes additional funds available for the Food and Consumer Service's Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) under the Child Nutrition Act of 1966. (Sec. 1001) Directs the Secretary of Agriculture to collect and disseminate weekly statistically reliable information on bulk cheese prices. Chapter 2: Department of Commerce - Makes emergency appropriations for FY 1997 to the Department of Commerce for: (1) the Economic Development Administration's economic development assistance programs for emergency infrastructure expenses; (2) the National Institute of Standards and Technology for new grants for industrial technology services under the Advanced Technology Program; and (3) the National Oceanic and Atmospheric Administration (NOAA) for disaster assistance related to recent flooding and red tide and for emergency construction expenses resulting from flooding and other natural disasters. Makes additional amounts available to implement the Magnuson-Stevens Fishery Conservation and Management Act. Makes additional appropriations for the Commission on the Advancement of Federal Law Enforcement. (Sec. 2001) Earmarks a specified amount from the Counterterrorism Fund of the Department of Justice for allocation to the appropriate unit or units of government in Ogden, Utah, for necessary expenses to counter any potential terrorism threat related to the 2002 Winter Olympic games. (Sec. 2002) Amends the Small Business Competitiveness Demonstration Program Act of 1988 to extend to the end of FY 1997 the authorization of the program for expanding small business participation in dredging. (Sec. 2003) Amends the Marine Mammal Protection Act of 1972 to establish certain Good Samaritan exemptions from specified violations. (Sec. 2004) Authorizes the Secretary of Commerce to reprogram a limited amount of funds provided for NOAA satellite observing systems for other NOAA programmatic and operational requirements, provided certain notification requirements are met. Chapter 3: Department of Defense - Civil - Makes emergency appropriations for FY 1997, with respect to emergency expenses due to flooding and other natural disasters, to DOD, Army Corps of Engineers - Civil for: (1) flood control, Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (2) general O&M (with earmarked funds for an interagency management plan and other activities related to water allocation in the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins, subject to certain restrictions); and (3) flood control and coastal emergencies. Makes emergency appropriations for FY 1997, with respect to flood and other natural disaster costs, to the Department of the Interior's Bureau of Reclamation (BLM) for O&M. (Sec. 3001) Makes the U.S. members and the alternate members, appointed under the Susquehanna River Basin Compact and the Delaware River Basin Compact, officers of the Army Corps of Engineers, who hold presidential appointments as regular Army officers with Senate confirmation, and serve without additional compensation, and at the President's pleasure. (Sec. 3002) Authorizes the Secretary of the Interior to obligate a limited amount of funds for carrying out construction for safety purposes to modify the Willow Creek Dam, Sun River Project, Montana. (Sec. 3003) Defers specified consultation and conferencing requirements under the Endangered Species Act of 1973 for certain emergency flood control projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Authorizes the President to waive certain minimum funding requirements under provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 with respect to assistance for Ukraine if he reports to the Appropriations Committees that Ukraine: (1) has not made progress toward comprehensive economic reform; (2) is not taking steps to ensure that U.S. businesses and individuals are able to operate according to generally accepted business principles; or (3) is not taking steps to cease the illegal dumping of steel plate. Chapter 5: Department of the Interior - Makes emergency appropriations for FY 1997 to the Department of the Interior for: (1) BLM flood damage repair and other activities for Oregon and California Grant Lands; (2) U.S. Fish and Wildlife Service resource management, construction, and land acquisition; (3) National Park Service emergency expenses and construction; (4) the U.S. Geological Survey; and (5) the Bureau of Indian Affairs. Makes such appropriations for emergency expenses of the Forest Service and the Indian Health Service. (Sec. 5001) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 (part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996) to revise the formula for distribution of amounts collected under the recreational fee demonstration program. (Sec. 5003) Amends the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to extend its expiration date from June 30, 1997, through March 31, 1999, or, if before that date a Settlement Agreement between the San Carlos Apache Tribe and Phelps Dodge Corporation is submitted for approval to the Superior Court of Arizona in and for Maricopa County, through December 31, 1999. Extends the Tribe's Central Arizona Project water lease authority to Gila, Graham, and Greenlee Counties. Makes the Gila Valley and Franklin Irrigation Districts parties to the Settlement Agreement. Directs the United States, through the BLM, to operate and maintain the Black River facilities, and to contract for delivery of water at Eagle Creek to Phelps Dodge for a specified monthly fee in addition to a specified monthly power line right-of-way fee. Sets forth provisions for a final agreement between Phelps Dodge and the San Carlos Apache Tribe under which the Tribe will operate the facilities and receive payment for leased water. Ratifies the agreement between the Tribe, Phelps Dodge, and the Secretary of the Interior. (Sec. 5004) Amends the Marine Mammal Protection Act of 1972 to modify requirements for the importation of polar bear parts from polar bears legally harvested in Canada before the date of enactment of the Marine Mammal Protection Act Amendments of 1994. Chapter 6: Department of Health and Human Services - Amends specified Federal law relating to appropriations to provide for additional amounts for: (1) the Department of Health and Human Services (HHS), the Health Resources and Services Administration's Health Education Assistance Loans Program; (2) the Public Health and Social Services Emergency Fund for priority health research; and (3) the Department of Education, Education for the Disadvantaged programs under the Elementary and Secondary Education Act of 1965. Makes funds available for the National Commission on the Cost of Higher Education. (Sec. 6001) Extends through FY 1998 the availability, to recipients in presidentially-declared disaster areas declared during FY 1997, of certain funds awarded for State-administered programs of the Department of Education for FY 1995 (and for FY 1996, with respect to such programs under the Rehabilitation Act). (Sec. 6002) Authorizes the Secretary of Education, with respect to student aid awards for award years 1996-1997 and 1997-1998, to waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 to assist individuals and other program participants who suffered financial harm from natural disasters. (Sec. 6003) Prohibits the use of any funds to administer or implement in Denver, Colorado, a Medicare Competitive Pricing-Open Enrollment Demonstration program. (Sec. 6004) Provides for emergency use of certain child care funds. Authorizes eligible State Governors, for a limited time period, to use amounts received for the provision of child care assistance or services under the Child Care and Development Block Grant Act of 1990 to provide emergency child care services to eligible individuals. Bases State eligibility on the President's determination, pursuant to specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that a major disaster exists, or that an area within the State is determined to be eligible for disaster relief under other Federal law by reason of damage related to flooding in 1997. Bases individual eligibility on: (1) residence within such an area where a major disaster exists, or which is so eligible for disaster relief; and (2) involvement in unpaid work activities (including the cleaning, repair, restoration, and rebuilding of homes, businesses, and schools) resulting from such flood emergency. Sets forth limitations and priorities with respect to such assistance. (Sec. 6005) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend certain redetermination provisions for the supplementary security income (SSI) program. Chapter 7: Congressional Operations - Makes supplemental appropriations for an additional amount for expenses of the Office of the Secretary of the Senate, to carry out specified provisions of the Legislative Branch Appropriations Act, 1997. Provides an amount for payment to the children of Frank Tejeda, the late Representative from the State of Texas. Makes additional amounts available for salaries and expenses of the Botanic Garden for emergency repair and renovation of the conservatory. (Sec. 7001) Amends the Legislative Branch Appropriation Act, 1968 to make a specified limitation on the minimum rate of gross compensation inapplicable to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate. (Sec. 7002) Authorizes the Sergeant at Arms and Doorkeeper of the Senate, with the approval of the Committee on Rules and Administration, to provide additional facilities, services, equipment, and office space for use by a Senator in that Senator's State in connection with a presidentially-declared disaster or emergency. (Sec. 7003) Allows the transfer of a limited amount of funds for the expense allowance of the Secretary of the Senate. (Sec. 7004) Authorizes the Comptroller General to use available funds to enter into contracts for the acquisition of severable services for periods that begin in one fiscal year and end in another and to enter into specified multiyear contracts to the same extent as agencies under the authority of the Federal Property and Administrative Services Act. Chapter 8: Department of Transportation - Makes supplemental appropriations to the Department of Transportation for: (1) Coast Guard retired pay and for operating expenses directly related to support activities in the TWA Flight 800 crash investigation; (2) Federal Highway Administration, Federal-Aid Highways and for the Emergency Relief Program; and (3) the Federal Railroad Administration, to repair and rebuild freight rail lines of regional and short line railroads damaged by floods (with earmarks for West Virginia and the northern Plains States). Makes such appropriations to the National Transportation Safety Board for: (1) emergency expenses resulting from the crashes of TWA Flight 800, ValuJet 592, and Comair Flight 3272; and (2) assistance to families of victims of aviation accidents. (Sec. 8003) Authorizes additional appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1997 for grants to States for alcohol-impaired driving countermeasures. (Sec. 8004) Extends through FY 1997 the authorization of appropriations for the National Driver Register. Chapter 9: Department of the Treasury - Makes supplemental appropriations to the Department of the Treasury. Authorizes the Secretary of Treasury to use the law enforcement services, personnel, equipment, and facilities of the State of Colorado and of the county and city of Denver for security arrangements for the Denver Summit of Eight. Makes supplemental appropriations to: (1) the Customs Service for the automated targeting system with respect to counterterrorism and drug law enforcement; and (2) the Postal Service Fund, for revenue foregone on free and reduced rate mail for specified purposes. (Sec. 9001) Authorizes the Administrator of General Services (GSA) to obligate specified appropriations for construction of the Montgomery, Alabama, courthouse. (Sec. 9002) Prohibits the use of funds by GSA to implement certain cooperative purchasing provisions of the Federal Acquisition Streamlining Act of 1994 prior to the adjournment of the first session of the 105th Congress. (Sec. 9003) Prohibits the Bureau of Engraving and Printing from awarding a contract for the procurement of distinctive currency paper until the General Accounting Office has completed an analysis of the optimum circumstances for procuring such paper. Limits the term of the bridge contract with respect to such paper to 24 months and requires the Secretary of the Treasury to make certain certifications concerning the price and terms of the agreement. (Sec. 9004) Amends specified Federal civil service law to authorize and establish a leave transfer program in disasters and emergencies. Chapter 10: Department of Veterans Affairs - Makes additional amounts available for: (1) the Veterans Benefits Administration for compensation and pensions; and (2) the Department of Housing and Urban Development (HUD) for preserving existing housing investment, capacity building for community development and affordable housing, and for community development block grants for activities in communities affected by disasters in the upper Midwest. Authorizes appropriations for the construction of a parking garage at the Department of Veterans Affairs medical center in Cleveland, Ohio. Earmarks amounts of assisted housing special purpose grants for acquiring parking and restoring a theater in Ashland, Kentucky. Requires the HUD Secretary to enter into a contract with the National Academy of Public Administration for an evaluation of HUD's management systems. Directs the Environmental Protection Agency (EPA), from previous appropriations for the Center for Ecology Research and Training (CERT), to obligate the maximum amount of funds necessary to settle all outstanding CERT-related claims against the EPA pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Authorizes EPA, from any unobligated balances then remaining, to make grants to Bay City, Michigan, for the purpose of EPA-approved environmental remediation and rehabilitation of publicly owned real property included in the boundaries of the CERT project. Authorizes the use of a specified amount of funds for grants to States and federally recognized tribes for multi-media or single media pollution prevention, control, and abatement for direct implementation by the Federal Government of programs required in absence of acceptable State or tribal programs. Makes additional funds available to the Federal Emergency Management Agency (FEMA) for disaster relief. Conditions the availability of a portion of such funds on the submission by the FEMA Director of a legislative proposal to control disaster relief expenditures, including the elimination of funding for certain revenue producing facilities. Authorizes transfer of a specified amount of FEMA disaster relief funds to the Disaster Assistance Direct Loan Program for the cost of direct loans under certain provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, under specified conditions. (Sec. 10001) Directs the HUD Secretary to submit semi-annually to the Appropriations Committees a list of all contracts and task orders in excess of $250,000 entered into by HUD, the Government National Mortgage Association (Ginnie Mae), and the Office of Federal Housing Enterprise Oversight in the preceding six months. (Sec. 10002) Amends the United States Housing Act of 1937 to revise certain time periods relating to notice requirements for terminating section 8 housing contracts. (Sec. 10003) Amends the Multifamily Housing Finance Improvement Act, under specified provisions of the Housing and Community Development Act of 1992, to revise limitations on the Secretary of HUD's mortgage insurance authority to allow commitments with respect to a limited number of additional units during FY 1997. (Sec. 10005) Amends the National Housing Act to authorize HUD mortgage insurance for condominiums in an amount up to 100 percent of appraised value where a mortgagor establishes that the home was destroyed or damaged as a result of a major disaster. Chapter 11: Offsets and Rescissions - Sets forth offsets with respect to the Fund for Rural America and the Food and Consumer Service's emergency food assistance program. Prohibits the use of Department of Agriculture funds under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997 to pay the personnel salaries and expenses above specified levels to carry out: (1) a combined program for export credit guarantees, supplier credit guarantees, and emerging democracies facilities guarantees; and (2) an export enhancement program. Rescinds specified funds available for: (1) the Department of Justice for the Working Capital Fund, the Assets Forfeiture Fund, and Immigration and Naturalization Service construction; (2) the National Institute of Standards and Technology for the Advanced Technology Program; (3) the Federal Communications Commission; (4) the Ounce of Prevention Council; (5) the Department of Energy for energy supply and research and development activities, power marketing administrations, clean coal technology, and the Strategic Petroleum Reserve; (6) the Department of HHS for job opportunities and basic skills; (7) the Department of Transportation for grants-in-aid for airports, highway traffic safety grants, and other Highway Trust Fund monies; (8) GSA presidential transition expenses; (9) HUD assisted housing programs; and (10) NASA. Title III: General Provisions - This Act - Provides that no appropriation made in this Act shall remain available beyond the current fiscal year unless otherwise provided. (Sec. 30002) Sets forth Buy-American requirements. Title IV: Cost of Higher Education Review - Cost of Higher Education Review Act of 1997 - Establishes a National Commission on the Cost of Higher Education to study and make recommendations regarding: (1) the increase in tuition compared with other commodities and services; (2) innovative methods of reducing or stabilizing tuition; (3) the impact on tuition of specified trends in college and university costs, student financial aid, and government mandates and fiscal policies; (4) mechanisms for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities; and (5) the adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (Sec. 40006) Authorizes appropriations for the Commission. Title V: Depository Institution Disaster Relief - Depository Institutions Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions, during specified limited periods, to the Truth in Lending Act for transactions, and to the Expedited Funds Availability Act for depository institution offices, within a major disaster area or an area eligible for disaster relief because of the recent flooding of the Red River of the North, the Minnesota River, and their tributaries. (Sec. 50003) Authorizes the appropriate Federal banking agency to permit, for a specified time period, certain insured depository institutions, in or involved with such area, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds. (Sec. 50004) Authorizes qualifying regulatory agencies to take specified actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within such area. (Sec. 50005) Expresses the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River of the North, the Minnesota River, and their tributaries. Expresses the sense of the Congress that each Federal financial institutions regulatory agency should make exceptions to the appraisal standards prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 for transactions involving institutions located in disaster areas if the exceptions can be expected to alleviate hardships to the public resulting from such disasters. Title VI: Technical Amendments With Respect to Education - Amends the Higher Education Act of 1965 to make certain technical corrections relating to graduation rates data disclosures. (Sec. 60002) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend from January 1, 1998, to January 1, 1999, the deadline for a final report by the Secretary of Education on a national assessment of programs assisted under ESEA title I, Helping Disadvantaged Children Meet High Standards. (Sec. 60003) Directs the Secretary to deem Kansas and New Mexico as having timely submitted certain written notices of intent to consider specified impact aid payments under ESEA in providing State aid to local educational agencies (LEAs) for school year 1997-1998. Authorizes the Secretary to require these States to submit appropriate additional information, which shall be considered part of such notice. (Sec. 60004) Provides that no eligible LEA shall receive less than 85 percent of the FY 1996 amount in a specified hold-harmless impact aid payment for each of FY 1997 through 2000. (Sec. 60005) Revises requirements for the Secretary's use of data in providing additional assistance for heavily impacted LEAs, to specify that the student and revenue data used be expenditure data. Repeals the requirement that the Secretary use the most recent data available adjusted to the fiscal year in question. Title VII: Food Stamp Program - Amends the Food Stamp Act of 1977 to grant States an option to issue food stamp benefits to certain individuals made ineligible by welfare reform. Title VIII: 2000 Decennial Census - Directs the Department of Commerce to provide to the Congress a comprehensive plan outlining its proposed methodologies for conducting the 2000 decennial census and available methods for conducting an actual enumeration of the population.

Intelligence Authorization Act for Fiscal Year 1998

United States · United States Congress · 9 June 1997

TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Title IV: Central Intelligence Agency Title V: Department of Defense Intelligence Activities Intelligence Authorization Act for Fiscal Year 1998 - Title I: Intelligence Activities - Authorizes appropriations for FY 1998 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation; (8) Drug Enforcement Administration; (9) National Reconnaissance Office (NRO); and (10) National Imagery and Mapping Agency. (Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1998, for such activities are those specified in the classified Schedule of Authorizations which shall be made available to the Senate and House Appropriations Committees and the President. (Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1998 when necessary to the performance of important intelligence functions. Requires notification to the Senate and House Intelligence Committees (intelligence committees). (Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1998. Authorizes appropriations for such Account for classified purposes. Authorizes Account personnel levels. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1998. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. (Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. (Sec. 303) Authorizes the head of any element of the intelligence community (IC) to detail employees to serve in any position in the Intelligence Community Assignment Program. (Sec. 304) Amends the National Security Act of 1947 to extend through January 6, 2001, the authority of the President to stay the imposition of an economic, cultural, diplomatic, or other sanction or other action when the President determines and reports to the Congress that to impose such sanction without delay would seriously risk the compromise of an intelligence source or method or an ongoing criminal investigation. (Sec. 305) Requires the administrative location of the Office of the DCI to be within the CIA. (Sec. 306) Directs the President to inform employees of the executive branch and employees of contractors carrying out activities under classified contracts that the disclosure to the appropriate congressional committees or Members of Congress of classified information concerning an alleged violation of law, false statement to the Congress, or gross mismanagement, waste, abuse of authority, or danger to public health or safety is not prohibited by law or contrary to public policy. Requires a report on actions taken. (Sec. 307) Expresses the sense of the Congress that it is in the national interest to provide information regarding the murder or kidnapping abroad of U.S. citizens to the victims or their families. Makes the Secretary of State responsible for promptly providing such information. (Sec. 308) Requires the DCI to: (1) carry out a survey of current standards for the spelling of foreign names and places among IC elements; and (2) report survey results to the intelligence committees. Requires the DCI to issue guidelines for the uniform spelling of such names and places and the uniform use of geographic coordinates for such places. Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to authorize the CIA to enter into multiyear leases for up to 15 years, with exceptions concerning the availability of appropriations to cover rental payments under such leases. (Sec. 402) Empowers the CIA Inspector General (IG) with subpoena authority for the production of information, documents, and other data necessary for the performance of IG duties. Requires an annual report from the IG to the intelligence committees on the exercise of such authority. Title V: Department of Defense Intelligence Activities - Authorize the President of the Joint Military Intelligence College (currently, the Commandant of the Defense Intelligence School) to confer the degree of master of science in strategic intelligence (current law) and the degree of bachelor of science in intelligence upon graduates fulfilling such requirements. (Sec. 502) Amends the Intelligence Authorization Act for Fiscal Year 1996 to extend through FY 1999 the authority for the expenditure of funds for infrastructure and quality of life improvements to the Menwith Hall and Bad Aibling Army Stations. (Sec. 503) Prohibits, with injunctive power, the unauthorized use of the NRO's name, initials, or seal.

A bill entitled the Emergency Disaster Assistance Act.

United States · United States Congress · 9 June 1997

TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for the Department of Defense Chapter 1: Department of Defense - Military Chapter 2: Rescissions Chapter 3: General Provisions - This Title Title II: Emergency Supplemental Appropriations for Recovery from Natural Disasters Chapter 1: Department of Agriculture Chapter 2: Department of Commerce Chapter 3: Department of Defense - Civil Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Congressional Operations Chapter 8: Department of Transportation Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Offsets and Rescissions Title III: General Provisions - This Act Title IV: Cost of Higher Education Review Title V: Depository Institution Disaster Relief Title VI: Technical Amendments With Respect to Education Title VII: Food Stamp Program Title I: Emergency Supplemental Appropriations for the Department of Defense - Chapter 1: Department of Defense - Military - Makes emergency supplemental appropriations to the Department of Defense (DOD) - Military for: (1) military personnel, Army, Navy, Marine Corps, and Air Force; (2) operation and maintenance (O&M), Overseas Contingency Operations Transfer Fund; (3) OPLAN 34A-35 prisoner-of-war (P.O.W.) payments to individuals; and (4) the Reserve Mobilization Income Insurance Fund. (Sec. 101) Directs the Secretary of the Navy to transfer specified funds to reimburse costs incurred for repairing damage caused by hurricanes, flooding, and other natural disasters during 1996 and 1997 to real property and facilities at Marine Corps facilities (including Camp Lejeune and Cherry Point, North Carolina; and the Mountain Warfare Training Center, Bridgeport, California). (Sec. 102) Makes additional appropriations for: (1) direct patient care at military treatment facilities; (2) force protection and counter-terrorism activities; and (3) a grant to the American Red Cross for armed forces emergency services. (Sec. 105) Requires the President to submit to the Congress a report on the estimated cumulative cost of all U.S. activities relating to Bosnia after December 1, 1995, and a detailed accounting of the source of funds to meet such costs. (Sec. 106) Makes additional appropriations to cover incremental O&M costs from hurricane damage to family housing units at Marine Corps Base Camp Lejeune and Marine Corps Air Station Cherry Point, North Carolina. Chapter 2: Rescissions - Rescinds specified funds provided in the Department of Defense Appropriations Act, 1997 for: (1) military personnel of the Army, Navy, Marine Corps, and Air Force; (2) O&M for the Army, Navy, Marine Corps, and Air Force as well as defense-wide O&M; (3) environmental restoration by the Army, Navy, and Air Force, as well as defense-wide environmental restoration and environmental restoration of formerly used defense sites; (4) former Soviet Union threat reduction; (5) the National Defense Sealift Fund; (6) the Defense Health Program; and (7) drug interdiction and counter-drug activities. Rescinds funds made available in such Act and certain other defense appropriations Acts for: (1) various types of procurement, including aircraft, missile, weapons, tracked combat vehicles, shipbuilding and conversion, and ammunition, by various branches of the armed forces; (2) National Guard and reserve equipment; (3) armed forces research, development, test and evaluation; and (4) chemical agents and munitions destruction. (Sec. 201) Rescinds specified amounts of the funds appropriated in specified categories in: (1) the Military Construction Appropriations Act, 1996, including the Base Realignment and Closure Account; (2) the Military Construction Appropriations Act, 1997; and (3) the Military Construction Appropriations Act, 1995. Chapter 3: General Provisions - This Title - Directs DOD to report to the congressional defense committees prior to transferring management, development, and acquisition authority over the National Missile Defense Program from the military services. Requires the Joint Requirements Oversight Council to submit recommendations to such committees on the future roles of the military services with respect to such program. (Sec. 302) Authorizes the incumbent to continue to serve as the Secretary of Defense designee on the Board of the Panama Canal Commission if he retires as an officer of DOD, until and unless the Secretary designates another person to serve in this position. (Sec. 303) Authorizes the Secretary to enter into an agreement, which meets certain requirements, for the lease of a specified building at the Lexington Blue Grass Station, Lexington, Kentucky, and any associated real property, for use by the Defense Finance and Accounting Service. (Sec. 304) Authorizes the continuing obligation and expenditure of certain funds appropriated for Navy weapons procurement that were obligated and expended to settle claims on the MK-50 torpedo program. (Sec. 305) Prohibits the use of any DOD funds to pay the cost of operating a National Missile Defense Joint Program Office which includes more than 55 military and civilian personnel located in the National Capital Region. (Sec. 306) Requires the merger of certain National Aeronautics and Space Administration (NASA) and Air Force funds for obligation only on Titan IV vehicles and related activities. Title II: Emergency Supplemental Appropriations for Recovery From Natural Disasters - Chapter 1: Department of Agriculture - Makes emergency appropriations for FY 1997 with respect to flood and other natural disaster costs to the Department of Agriculture for: (1) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account for the additional cost of certain emergency insured and operating loans (including loan modifications); (2) the Emergency Conservation Program for expenses, including carcass removal; (3) the Tree Assistance Program for assistance to small orchardists to replace or rehabilitate disaster-damaged trees and vineyards; and (4) the Commodity Credit Corporation Fund, Disaster Reserve Assistance Program, to implement a livestock indemnity program. Makes such appropriations to: (1) the Natural Resources Conservation Service, for watershed and flood prevention operations to repair damages to the waterways and watersheds; (2) the Rural Housing Service, Rural Housing Insurance Fund Program Account, for the cost of specified loans and domestic farm labor grants for emergency expenses; and (3) the Rural Utilities Service, Rural Utilities Assistance Program, for the cost of direct loans, loan guarantees, and grants for emergency expenses. Bars the use of watershed and flood prevention funds for the salmon memorandum of understanding. Authorizes the use of certain community facility grants for the Rural Housing Assistance Program for expenses resulting from natural disasters. Makes additional funds available for the Food and Consumer Service's Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) under the Child Nutrition Act of 1966. (Sec. 1001) Directs the Secretary of Agriculture to collect and disseminate weekly statistically reliable information on bulk cheese prices. Chapter 2: Department of Commerce - Makes emergency appropriations for FY 1997 to the Department of Commerce for: (1) the Economic Development Administration's economic development assistance programs for emergency infrastructure expenses; (2) the National Institute of Standards and Technology for new grants for industrial technology services under the Advanced Technology Program; and (3) the National Oceanic and Atmospheric Administration (NOAA) for disaster assistance related to recent flooding and red tide and for emergency construction expenses resulting from flooding and other natural disasters. Makes additional amounts available to implement the Magnuson-Stevens Fishery Conservation and Management Act. Makes additional appropriations for the Commission on the Advancement of Federal Law Enforcement. (Sec. 2001) Earmarks a specified amount from the Counterterrorism Fund of the Department of Justice for allocation to the appropriate unit or units of government in Ogden, Utah, for necessary expenses to counter any potential terrorism threat related to the 2002 Winter Olympic games. (Sec. 2002) Amends the Small Business Competitiveness Demonstration Program Act of 1988 to extend to the end of FY 1997 the authorization of the program for expanding small business participation in dredging. (Sec. 2003) Amends the Marine Mammal Protection Act of 1972 to establish certain Good Samaritan exemptions from specified violations. (Sec. 2004) Authorizes the Secretary of Commerce to reprogram a limited amount of funds provided for NOAA satellite observing systems for other NOAA programmatic and operational requirements, provided certain notification requirements are met. Chapter 3: Department of Defense - Civil - Makes emergency appropriations for FY 1997, with respect to emergency expenses due to flooding and other natural disasters, to DOD, Army Corps of Engineers - Civil for: (1) flood control, Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (2) general O&M (with earmarked funds for an interagency management plan and other activities related to water allocation in the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins, subject to certain restrictions); and (3) flood control and coastal emergencies. Makes emergency appropriations for FY 1997, with respect to flood and other natural disaster costs, to the Department of the Interior's Bureau of Reclamation (BLM) for O&M. (Sec. 3001) Makes the U.S. members and the alternate members, appointed under the Susquehanna River Basin Compact and the Delaware River Basin Compact, officers of the Army Corps of Engineers, who hold presidential appointments as regular Army officers with Senate confirmation, and serve without additional compensation, and at the President's pleasure. (Sec. 3002) Authorizes the Secretary of the Interior to obligate a limited amount of funds for carrying out construction for safety purposes to modify the Willow Creek Dam, Sun River Project, Montana. (Sec. 3003) Defers specified consultation and conferencing requirements under the Endangered Species Act of 1973 for certain emergency flood control projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Authorizes the President to waive certain minimum funding requirements under provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 with respect to assistance for Ukraine if he reports to the Appropriations Committees that Ukraine: (1) has not made progress toward comprehensive economic reform; (2) is not taking steps to ensure that U.S. businesses and individuals are able to operate according to generally accepted business principles; or (3) is not taking steps to cease the illegal dumping of steel plate. Chapter 5: Department of the Interior - Makes emergency appropriations for FY 1997 to the Department of the Interior for: (1) BLM flood damage repair and other activities for Oregon and California Grant Lands; (2) U.S. Fish and Wildlife Service resource management, construction, and land acquisition; (3) National Park Service emergency expenses and construction; (4) the U.S. Geological Survey; and (5) the Bureau of Indian Affairs. Makes such appropriations for emergency expenses of the Forest Service and the Indian Health Service. (Sec. 5001) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 (part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996) to revise the formula for distribution of amounts collected under the recreational fee demonstration program. (Sec. 5003) Amends the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to extend its expiration date from June 30, 1997, through March 31, 1999, or, if before that date a Settlement Agreement between the San Carlos Apache Tribe and Phelps Dodge Corporation is submitted for approval to the Superior Court of Arizona in and for Maricopa County, through December 31,1999. Extends the Tribe's Central Arizona Project water lease authority to Gila, Graham, and Greenlee Counties. Makes the Gila Valley and Franklin Irrigation Districts parties to the Settlement Agreement. Directs the United States, through the BLM, to operate and maintain the Black River facilities, and to contract for delivery of water at Eagle Creek to Phelps Dodge for a specified monthly fee in addition to a specified monthly power line right-of-way fee. Sets forth provisions for a final agreement between Phelps Dodge and the San Carlos Apache Tribe under which the Tribe will operate the facilities and receive payment for leased water. Ratifies the agreement between the Tribe, Phelps Dodge, and the Secretary of the Interior. (Sec. 5004) Amends the Marine Mammal Protection Act of 1972 to modify requirements for the importation of polar bear parts from polar bears legally harvested in Canada before the date of enactment of the Marine Mammal Protection Act Amendments of 1994. (Sec. 5005) Establishes the Commission on Section 2477 of the Revised Statutes to recommend changes to law to provide for expeditious resolutions of all outstanding claims of a right-of-way across Federal lands established pursuant to such section of the Revised Statutes. Sets forth provisions regarding approval and congressional consideration of such recommendations. Chapter 6: Department of Health and Human Services - Amends specified Federal law relating to appropriations to provide for additional amounts for: (1) the Department of Health and Human Services (HHS), the Health Resources and Services Administration's Health Education Assistance Loans Program; (2) the Public Health and Social Services Emergency Fund for priority health research; and (3) the Department of Education, Education for the Disadvantaged programs under the Elementary and Secondary Education Act of 1965. Makes funds available for the National Commission on the Cost of Higher Education. (Sec. 6001) Extends through FY 1998 the availability, to recipients in presidentially-declared disaster areas declared during FY 1997, of certain funds awarded for State-administered programs of the Department of Education for FY 1995 (and for FY 1996, with respect to such programs under the Rehabilitation Act). (Sec. 6002) Authorizes the Secretary of Education, with respect to student aid awards for award years 1996-1997 and 1997-1998, to waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 to assist individuals and other program participants who suffered financial harm from natural disasters. (Sec. 6003) Prohibits the use of any funds to administer or implement in Denver, Colorado, a Medicare Competitive Pricing-Open Enrollment Demonstration program. (Sec. 6004) Provides for emergency use of certain child care funds. Authorizes eligible State Governors, for a limited time period, to use amounts received for the provision of child care assistance or services under the Child Care and Development Block Grant Act of 1990 to provide emergency child care services to eligible individuals. Bases State eligibility on the President's determination, pursuant to specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that a major disaster exists, or that an area within the State is determined to be eligible for disaster relief under other Federal law by reason of damage related to flooding in 1997. Bases individual eligibility on: (1) residence within such an area where a major disaster exists, or which is so eligible for disaster relief; and (2) involvement in unpaid work activities (including the cleaning, repair, restoration, and rebuilding of homes, businesses, and schools) resulting from such flood emergency. Sets forth limitations and priorities with respect to such assistance. (Sec. 6005) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend certain redetermination provisions for the supplementary security income (SSI) program. Chapter 7: Congressional Operations - Makes supplemental appropriations for an additional amount for expenses of the Office of the Secretary of the Senate, to carry out specified provisions of the Legislative Branch Appropriations Act, 1997. Provides an amount for payment to the children of Frank Tejeda, the late Representative from the State of Texas. Makes additional amounts available for salaries and expenses of the Botanic Garden for emergency repair and renovation of the conservatory. (Sec. 7001) Amends the Legislative Branch Appropriation Act, 1968 to make a specified limitation on the minimum rate of gross compensation inapplicable to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate. (Sec. 7002) Authorizes the Sergeant at Arms and Doorkeeper of the Senate, with the approval of the Committee on Rules and Administration, to provide additional facilities, services, equipment, and office space for use by a Senator in that Senator's State in connection with a presidentially-declared disaster or emergency. (Sec. 7003) Allows the transfer of a limited amount of funds for the expense allowance of the Secretary of the Senate. (Sec. 7004) Authorizes the Comptroller General to use available funds to enter into contracts for the acquisition of severable services for periods that begin in one fiscal year and end in another and to enter into specified multiyear contracts to the same extent as agencies under the authority of the Federal Property and Administrative Services Act. Chapter 8: Department of Transportation - Makes supplemental appropriations to the Department of Transportation for: (1) Coast Guard retired pay and for operating expenses directly related to support activities in the TWA Flight 800 crash investigation; (2) Federal Highway Administration, Federal-Aid Highways and for the Emergency Relief Program; and (3) the Federal Railroad Administration, to repair and rebuild freight rail lines of regional and short line railroads damaged by floods (with earmarks for West Virginia and the northern Plains States). Makes such appropriations to the National Transportation Safety Board for: (1) emergency expenses resulting from the crashes of TWA Flight 800, ValuJet 592, and Comair Flight 3272; and (2) assistance to families of victims of aviation accidents. (Sec. 8003) Authorizes additional appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1997 for grants to States for alcohol-impaired driving countermeasures. (Sec. 8004) Extends through FY 1997 the authorization of appropriations for the National Driver Register. Chapter 9: Department of the Treasury - Makes supplemental appropriations to the Department of the Treasury. Authorizes the Secretary of Treasury to use the law enforcement services, personnel, equipment, and facilities of the State of Colorado and of the county and city of Denver for security arrangements for the Denver Summit of Eight. Makes supplemental appropriations to: (1) the Customs Service for the automated targeting system with respect to counterterrorism and drug law enforcement; and (2) the Postal Service Fund, for revenue foregone on free and reduced rate mail for specified purposes. (Sec. 9001) Authorizes the Administrator of General Services (GSA) to obligate specified appropriations for construction of the Montgomery, Alabama courthouse. (Sec. 9002) Prohibits the use of funds by GSA to implement certain cooperative purchasing provisions of the Federal Acquisition Streamlining Act of 1994 prior to the adjournment of the first session of the 105th Congress. (Sec. 9003) Prohibits the Bureau of Engraving and Printing from awarding a contract for the procurement of distinctive currency paper until the General Accounting Office has completed an analysis of the optimum circumstances for procuring such paper. Limits the term of the bridge contract with respect to such paper to 24 months and requires the Secretary of the Treasury to make certain certifications concerning the price and terms of the agreement. (Sec. 9004) Amends specified Federal civil service law to authorize and establish a leave transfer program in disasters and emergencies. Chapter 10: Department of Veterans Affairs - Makes additional amounts available for: (1) the Veterans Benefits Administration for compensation and pensions; and (2) the Department of Housing and Urban Development (HUD) for preserving existing housing investment, capacity building for community development and affordable housing, and for community development block grants for activities in communities affected by disasters in the upper Midwest. Authorizes appropriations for the construction of a parking garage at the Department of Veterans Affairs medical center in Cleveland, Ohio. Earmarks amounts of assisted housing special purpose grants for acquiring parking and restoring a theater in Ashland, Kentucky. Requires the HUD Secretary to enter into a contract with the National Academy of Public Administration for an evaluation of HUD's management systems. Directs the Environmental Protection Agency (EPA), from previous appropriations for the Center for Ecology Research and Training (CERT), to obligate the maximum amount of funds necessary to settle all outstanding CERT-related claims against the EPA pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Authorizes EPA, from any unobligated balances then remaining, to make grants to Bay City, Michigan, for the purpose of EPA-approved environmental remediation and rehabilitation of publicly owned real property included in the boundaries of the CERT project. Authorizes the use of a specified amount of funds for grants to States and federally recognized tribes for multi-media or single media pollution prevention, control, and abatement for direct implementation by the Federal Government of programs required in absence of acceptable State or tribal programs. Makes additional funds available to the Federal Emergency Management Agency (FEMA) for disaster relief. Conditions the availability of a portion of such funds on the submission by the FEMA Director of a legislative proposal to control disaster relief expenditures, including the elimination of funding for certain revenue producing facilities. Authorizes transfer of a specified amount of FEMA disaster relief funds to the Disaster Assistance Direct Loan Program for the cost of direct loans under certain provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, under specified conditions. (Sec. 10001) Directs the HUD Secretary to submit semi-annually to the Appropriations Committees a list of all contracts and task orders in excess of $250,000 entered into by HUD, the Government National Mortgage Association (Ginnie Mae), and the Office of Federal Housing Enterprise Oversight in the preceding six months. (Sec. 10002) Amends the United States Housing Act of 1937 to revise certain time periods relating to notice requirements for terminating section 8 housing contracts. (Sec. 10003) Amends the Multifamily Housing Finance Improvement Act, under specified provisions of the Housing and Community Development Act of 1992, to revise limitations on the Secretary of HUD's mortgage insurance authority to allow commitments with respect to a limited number of additional units during FY 1997. (Sec. 10005) Amends the National Housing Act to authorize HUD mortgage insurance for condominiums in an amount up to 100 percent of appraised value where a mortgagor establishes that the home was destroyed or damaged as a result of a major disaster. Chapter 11: Offsets and Rescissions - Sets forth offsets with respect to the Fund for Rural America and the Food and Consumer Service's emergency food assistance program. Prohibits the use of Department of Agriculture funds under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997 to pay the personnel salaries and expenses above specified levels to carry out: (1) a combined program for export credit guarantees, supplier credit guarantees, and emerging democracies facilities guarantees; and (2) an export enhancement program. Rescinds specified funds available for: (1) the Department of Justice for the Working Capital Fund, the Assets Forfeiture Fund, and Immigration and Naturalization Service construction; (2) the National Institute of Standards and Technology for the Advanced Technology Program; (3) the Federal Communications Commission; (4) the Ounce of Prevention Council; (5) the Department of Energy for energy supply and research and development activities, power marketing administrations, clean coal technology, and the Strategic Petroleum Reserve; (6) the Department of HHS for job opportunities and basic skills; (7) the Department of Transportation for grants-in-aid for airports, highway traffic safety grants, and other Highway Trust Fund monies; (8) GSA presidential transition expenses; (9) HUD assisted housing programs; and (10) NASA. Title III: General Provisions - This Act - Provides that no appropriation made in this Act shall remain available beyond the current fiscal year unless otherwise provided. (Sec. 30002) Sets forth Buy-American requirements. Title IV: Cost of Higher Education Review - Cost of Higher Education Review Act of 1997 - Establishes a National Commission on the Cost of Higher Education to study and make recommendations regarding: (1) the increase in tuition compared with other commodities and services; (2) innovative methods of reducing or stabilizing tuition; (3) the impact on tuition of specified trends in college and university costs, student financial aid, and government mandates and fiscal policies; (4) mechanisms for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities; and (5) the adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (Sec. 40006) Authorizes appropriations for the Commission. Title V: Depository Institution Disaster Relief - Depository Institutions Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions, during specified limited periods, to the Truth in Lending Act for transactions, and to the Expedited Funds Availability Act for depository institution offices, within a major disaster area or an area eligible for disaster relief because of the recent flooding of the Red River of the North, the Minnesota River, and their tributaries. (Sec. 50003) Authorizes the appropriate Federal banking agency to permit, for a specified time period, certain insured depository institutions, in or involved with such area, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds. (Sec. 50004) Authorizes qualifying regulatory agencies to take specified actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within such area. (Sec. 50005) Expresses the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River of the North, the Minnesota River, and their tributaries. Expresses the sense of the Congress that each Federal financial institutions regulatory agency should make exceptions to the appraisal standards prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 for transactions involving institutions located in disaster areas if the exceptions can be expected to alleviate hardships to the public resulting from such disasters. Title VII: Technical Amendments With Respect to Education - Amends the Higher Education Act of 1965 to make certain technical corrections relating to graduation rates data disclosures. (Sec. 60002) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend from January 1, 1998, to January 1, 1999, the deadline for a final report by the Secretary of Education on a national assessment of programs assisted under ESEA title I, Helping Disadvantaged Children Meet High Standards. (Sec. 60003) Directs the Secretary to deem Kansas and New Mexico as having timely submitted certain written notices of intent to consider specified impact aid payments under ESEA in providing State aid to local educational agencies (LEAs) for school year 1997-1998. Authorizes the Secretary to require these States to submit appropriate additional information, which shall be considered part of such notice. (Sec. 60004) Provides that no eligible LEA shall receive less than 85 percent of the FY 1996 amount in a specified hold-harmless impact aid payment for each of FY 1997 through 2000. (Sec. 60005) Revises requirements for the Secretary's use of data in providing additional assistance for heavily impacted LEAs, to specify that the student and revenue data used be expenditure data. Repeals the requirement that the Secretary use the most recent data available adjusted to the fiscal year in question. Title VII: Food Stamp Program - Amends the Food Stamp Act of 1977 to grant States an option to issue food stamp benefits to certain individuals made ineligible by welfare reform.

To achieve budgetary savings by terminating or limiting certain Department of Defense programs, by reducing the scope of the Stockpile Stewardship Program of the Department of Energy, and by reducing arms transfer subsidies.

United States · United States Congress · 6 June 1997

Prohibits funds from being appropriated to the Department of Defense (DOD) for any fiscal year after 1997 for research, development, test, and evaluation or for procurement for: (1) the Navy F/A-18E/F aircraft program; (2) the Marine Corps V-22 Osprey aircraft program; and (3) the Air Force F-22 aircraft program. Prohibits the use of funds after FY 1997 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary of Defense (Secretary) to retire eight Trident I submarines during FY 2000 through 2003. Prohibits the Secretary of the Air Force from procuring more than eight C-17 aircraft in each of FY 1998 through 2000. Directs the Secretary to reduce: (1) by FY 2003 the DOD strategic nuclear force to include a maximum of 300 Minuteman II intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System. Prohibits any funds from being appropriated to DOD for fiscal years after 1997 for assistance to Israel for development of the Arrow missile. Directs the Secretary of Energy to reduce activities under the Stockpile Stewardship Program so as to achieve specified savings during FY 1998 through 2002 by consolidating, terminating, and cancelling specified activities at Department of Energy research and development sites. Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor represent unfunded estimated costs of civilian retirement and other benefits.

To provide for claim maintenance fees and royalties on hardrock mining claims, and for other purposes.

United States · United States Congress · 6 June 1997

Mandates annual claim maintenance fees of $100 per claim per calendar year (except shale claims subject to claim maintenance fees under the Energy Policy Act of 1992). Reduces such fees by the amount of the claim maintenance fees paid under the Omnibus Budget Reconciliation Act of 1993. Allows the Secretary of the Interior, acting through the Director of the Minerals Management Service (MMS), to waive claim maintenance fees for claim holders that, with all related parties, held no more than ten claims on lands open to location. States that the claim interest of any co-owner who fails to contribute his portion of the claim maintenance fee shall become the property of the co-owners who have paid the required fee. Subjects the production of locatable minerals located under the general mining laws (including their concentrates and products) to a royalty payment of eight percent of the gross income. Prescribes guidelines for the duties of claim holders, operators, and transporters. Authorizes the Secretary to require by rule that transporters possess documentation showing the amount, origin, and intended destination of the locatable mineral, concentrate or product. Prescribes recordkeeping, reporting, and auditing requirements. Authorizes the Secretary to enter into cooperative agreements with the Secretary of Agriculture to implement this Act. Provides for: (1) interest and substantial underreporting assessments in cases of tardy or delinquent mining claim royalty payments; and (2) several and joint liability for royalty payments on all locatable minerals, concentrates, or products derived therefrom which are lost or wasted due to negligence or noncompliance with regulations. Directs the Secretary to adjust dollar amounts every ten years for changes in the purchasing power of the dollar.

A bill to amend the Federal Power Act to remove the jurisdiction of the Federal Energy Regulatory Commission to license projects on fresh waters in the State of Hawaii.

United States · United States Congress · 5 June 1997

Amends the Federal Power Act to remove hydroelectric power projects on fresh waters in the State of Hawaii from the licensing jurisdiction of the Federal Energy Regulatory Commission.

To provide for the consolidation of the Office of Fossil Energy and the Office of Renewable Energy and Energy Efficiency of the Department of Energy.

United States · United States Congress · 5 June 1997

Sets a deadline by which: (1) the Secretary of Energy shall consolidate the Office of Fossil Energy and the Office of Renewable Energy and Energy Efficiency into an Office of Energy Technology (OET); and (2) such consolidation results in a reduction by 25 of the number of headquarters employees determined on a full-time equivalent basis. Mandates appointment of an Assistant Secretary of Energy for Energy Technology whose duties shall include: (1) preparation and transmittal to the Congress of a strategic plan and policy agenda for the OET, as well as a multiyear OET program plan for FY 1999 through 2003 (including a comprehensive strategy for increasing the use of resources available in field offices); and (2) direction and supervision of the OET.

Columbia River Habitat Protection and Recreational Access Act of 1997

United States · United States Congress · 5 June 1997

Columbia River Habitat Protection and Recreational Access Act of 1997 - Directs the Secretary of Energy to convey to the State of Washington and to Adams, Grant, and Franklin counties in Washington specified portions of the Hanford Works, an area of property along the Columbia River in Washington. Allows such conveyances only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area. Directs the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a 51-mile stretch of land along the Columbia River containing fish, wildlife, and other resources). Requires Adams, Grant, and Franklin Counties to submit to the Secretary: (1) a risk analysis of debris slides in the White Bluffs Wasteway; and (2) a comprehensive land use plan of the Wahluke Slope.

1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia

United States · United States Congress · 5 June 1997

TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for the Department of Defense Chapter 1: Department of Defense - Military Chapter 2: Rescissions Chapter 3: General Provisions - This Title Title II: Emergency Supplemental Appropriations for Recovery from Natural Disasters Chapter 1: Department of Agriculture Chapter 2: Department of Commerce Chapter 3: Department of Defense - Civil Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Congressional Operations Chapter 8: Department of Transportation Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Offsets and Rescissions Title III: General Provisions - This Act Title IV: Cost of Higher Education Review Title V: Depository Institution Disaster Relief Title VI: Technical Amendments With Respect To Education Title VII: Food Stamp Program 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia - Title I: Emergency Supplemental Appropriations for the Department of Defense - Chapter 1: Department of Defense - Military - Makes emergency supplemental appropriations to the Department of Defense (DOD) - Military for: (1) military personnel, Army, Navy, Marine Corps, and Air Force; (2) operation and maintenance (O&M), Overseas Contingency Operations Transfer Fund; (3) OPLAN 34A-35 prisoner-of-war (P.O.W.) payments to individuals; and (4) the Reserve Mobilization Income Insurance Fund. (Sec. 101) Directs the Secretary of the Navy to transfer specified funds to reimburse costs incurred for repairing damage caused by hurricanes, flooding, and other natural disasters during 1996 and 1997 to real property and facilities at Marine Corps facilities (including Camp Lejeune and Cherry Point, North Carolina; and the Mountain Warfare Training Center, Bridgeport, California). (Sec. 102) Makes additional appropriations for: (1) direct patient care at military treatment facilities; (2) force protection and counter-terrorism activities; and (3) a grant to the American Red Cross for armed forces emergency services. (Sec. 105) Requires the President to submit to the Congress a report on the estimated cumulative cost of all U.S. activities relating to Bosnia after December 1, 1995, and a detailed accounting of the source of funds to meet such costs. (Sec. 106) Makes additional appropriations to cover incremental O&M costs from hurricane damage to family housing units at Marine Corps Base Camp Lejeune and Marine Corps Air Station Cherry Point, North Carolina. Chapter 2: Rescissions - Rescinds specified funds provided in the Department of Defense Appropriations Act, 1997 for: (1) military personnel of the Army, Navy, Marine Corps, and Air Force; (2) O&M for the Army, Navy, Marine Corps, and Air Force as well as defense-wide O&M; (3) environmental restoration by the Army, Navy, and Air Force, as well as defense-wide environmental restoration and environmental restoration of formerly used defense sites; (4) former Soviet Union threat reduction; (5) the National Defense Sealift Fund; (6) the Defense Health Program; and (7) drug interdiction and counter-drug activities. Rescinds funds made available in such Act and certain other defense appropriations Acts for: (1) various types of procurement, including aircraft, missile, weapons, tracked combat vehicles, shipbuilding and conversion, and ammunition, by various branches of the armed forces; (2) National Guard and reserve equipment; (3) armed forces research, development, test and evaluation; and (4) chemical agents and munitions destruction. (Sec. 201) Rescinds specified amounts of the funds appropriated in specified categories in: (1) the Military Construction Appropriations Act, 1996, including the Base Realignment and Closure Account; (2) the Military Construction Appropriations Act, 1997; and (3) the Military Construction Appropriations Act, 1995. Chapter 3: General Provisions - This Title - Directs DOD to report to the congressional defense committees prior to transferring management, development, and acquisition authority over the National Missile Defense Program from the military services. Requires the Joint Requirements Oversight Council to submit recommendations to such committees on the future roles of the military services with respect to such program. (Sec. 302) Authorizes the incumbent to continue to serve as the Secretary of Defense designee on the Board of the Panama Canal Commission if he retires as an officer of DOD, until and unless the Secretary designates another person to serve in this position. (Sec. 303) Authorizes the Secretary to enter into an agreement, which meets certain requirements, for the lease of a specified building at the Lexington Blue Grass Station, Lexington, Kentucky, and any associated real property, for use by the Defense Finance and Accounting Service. (Sec. 304) Authorizes the continuing obligation and expenditure of certain funds appropriated for Navy weapons procurement that were obligated and expended to settle claims on the MK-50 torpedo program. (Sec. 305) Prohibits the use of any DOD funds to pay the cost of operating a National Missile Defense Joint Program Office which includes more than 55 military and civilian personnel located in the National Capital Region. (Sec. 306) Requires the merger of certain National Aeronautics and Space Administration (NASA) and Air Force funds for obligation only on Titan IV vehicles and related activities. Title II: Emergency Supplemental Appropriations for Recovery From Natural Disasters - Chapter 1: Department of Agriculture - Makes emergency appropriations for FY 1997 with respect to flood and other natural disaster costs to the Department of Agriculture for: (1) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account for the additional cost of certain emergency insured and operating loans (including loan modifications); (2) the Emergency Conservation Program for expenses, including carcass removal; (3) the Tree Assistance Program for assistance to small orchardists to replace or rehabilitate disaster-damaged trees and vineyards; and (4) the Commodity Credit Corporation Fund, Disaster Reserve Assistance Program, to implement a livestock indemnity program. Makes such appropriations to: (1) the Natural Resources Conservation Service, for watershed and flood prevention operations to repair damages to the waterways and watersheds; (2) the Rural Housing Service, Rural Housing Insurance Fund Program Account, for the cost of specified loans and domestic farm labor grants for emergency expenses; and (3) the Rural Utilities Service, Rural Utilities Assistance Program, for the cost of direct loans, loan guarantees, and grants for emergency expenses. Bars the use of watershed and flood prevention funds for the salmon memorandum of understanding. Authorizes the use of certain community facility grants for the Rural Housing Assistance Program for expenses resulting from natural disasters. Makes additional funds available for the Food and Consumer Service's Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) under the Child Nutrition Act of 1966. (Sec. 1001) Directs the Secretary of Agriculture to collect and disseminate weekly statistically reliable information on bulk cheese prices. Chapter 2: Department of Commerce - Makes emergency appropriations for FY 1997 to the Department of Commerce for: (1) the Economic Development Administration's economic development assistance programs for emergency infrastructure expenses; (2) the National Institute of Standards and Technology for new grants for industrial technology services under the Advanced Technology Program; and (3) the National Oceanic and Atmospheric Administration (NOAA) for disaster assistance related to recent flooding and red tide and for emergency construction expenses resulting from flooding and other natural disasters. Makes additional amounts available to implement the Magnuson-Stevens Fishery Conservation and Management Act. Makes additional appropriations for the Commission on the Advancement of Federal Law Enforcement. (Sec. 2001) Earmarks a specified amount from the Counterterrorism Fund of the Department of Justice for allocation to the appropriate unit or units of government in Ogden, Utah, for necessary expenses to counter any potential terrorism threat related to the 2002 Winter Olympic games. (Sec. 2002) Amends the Small Business Competitiveness Demonstration Program Act of 1988 to extend to the end of FY 1997 the authorization of the program for expanding small business participation in dredging. (Sec. 2003) Amends the Marine Mammal Protection Act of 1972 to establish certain Good Samaritan exemptions from specified violations. (Sec. 2004) Authorizes the Secretary of Commerce to reprogram a limited amount of funds provided for NOAA satellite observing systems for other NOAA programmatic and operational requirements, provided certain notification requirements are met. Chapter 3: Department of Defense - Civil - Makes emergency appropriations for FY 1997, with respect to emergency expenses due to flooding and other natural disasters, to DOD, Army Corps of Engineers - Civil for: (1) flood control, Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (2) general O&M (with earmarked funds for an interagency management plan and other activities related to water allocation in the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins, subject to certain restrictions); and (3) flood control and coastal emergencies. Makes emergency appropriations for FY 1997, with respect to flood and other natural disaster costs, to the Department of the Interior's Bureau of Reclamation (BLM) for O&M. (Sec. 3001) Makes the U.S. members and the alternate members, appointed under the Susquehanna River Basin Compact and the Delaware River Basin Compact, officers of the Army Corps of Engineers, who hold presidential appointments as regular Army officers with Senate confirmation, and serve without additional compensation, and at the President's pleasure. (Sec. 3002) Authorizes the Secretary of the Interior to obligate a limited amount of funds for carrying out construction for safety purposes to modify the Willow Creek Dam, Sun River Project, Montana. (Sec. 3003) Defers specified consultation and conferencing requirements under the Endangered Species Act of 1973 for certain emergency flood control projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Authorizes the President to waive certain minimum funding requirements under provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 with respect to assistance for Ukraine if he reports to the Appropriations Committees that Ukraine: (1) has not made progress toward comprehensive economic reform; (2) is not taking steps to ensure that U.S. businesses and individuals are able to operate according to generally accepted business principles; or (3) is not taking steps to cease the illegal dumping of steel plate. Chapter 5: Department of the Interior - Makes emergency appropriations for FY 1997 to the Department of the Interior for: (1) BLM flood damage repair and other activities for Oregon and California Grant Lands; (2) U.S. Fish and Wildlife Service resource management, construction, and land acquisition; (3) National Park Service emergency expenses and construction; (4) the U.S. Geological Survey; and (5) the Bureau of Indian Affairs. Makes such appropriations for emergency expenses of the Forest Service and the Indian Health Service. (Sec. 5001) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 (part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996) to revise the formula for distribution of amounts collected under the recreational fee demonstration program. (Sec. 5003) Amends the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to extend its expiration date from June 30, 1997, through March 31, 1999, or, if before that date a Settlement Agreement between the San Carlos Apache Tribe and Phelps Dodge Corporation is submitted for approval to the Superior Court of Arizona in and for Maricopa County, through December 31, 1999. Extends the Tribe's Central Arizona Project water lease authority to Gila, Graham, and Greenlee Counties. Makes the Gila Valley and Franklin Irrigation Districts parties to the Settlement Agreement. Directs the United States, through the BLM, to operate and maintain the Black River facilities, and to contract for delivery of water at Eagle Creek to Phelps Dodge for a specified monthly fee in addition to a specified monthly power line right-of-way fee. Sets forth provisions for a final agreement between Phelps Dodge and the San Carlos Apache Tribe under which the Tribe will operate the facilities and receive payment for leased water. Ratifies the agreement between the Tribe, Phelps Dodge, and the Secretary of the Interior. (Sec. 5004) Amends the Marine Mammal Protection Act of 1972 to modify requirements for the importation of polar bear parts from polar bears legally harvested in Canada before the date of enactment of the Marine Mammal Protection Act Amendments of 1994. Chapter 6: Department of Health and Human Services - Amends specified Federal law relating to appropriations to provide for additional amounts for: (1) the Department of Health and Human Services (HHS), the Health Resources and Services Administration's Health Education Assistance Loans Program; (2) the Public Health and Social Services Emergency Fund for priority health research; and (3) the Department of Education, Education for the Disadvantaged programs under the Elementary and Secondary Education Act of 1965. Makes funds available for the National Commission on the Cost of Higher Education. (Sec. 6001) Extends through FY 1998 the availability, to recipients in presidentially-declared disaster areas declared during FY 1997, of certain funds awarded for State-administered programs of the Department of Education for FY 1995 (and for FY 1996, with respect to such programs under the Rehabilitation Act). (Sec. 6002) Authorizes the Secretary of Education, with respect to student aid awards for award years 1996-1997 and 1997-1998, to waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 to assist individuals and other program participants who suffered financial harm from natural disasters. (Sec. 6003) Prohibits the use of any funds to administer or implement in Denver, Colorado, a Medicare Competitive Pricing-Open Enrollment Demonstration program. (Sec. 6004) Provides for emergency use of certain child care funds. Authorizes eligible State Governors, for a limited time period, to use amounts received for the provision of child care assistance or services under the Child Care and Development Block Grant Act of 1990 to provide emergency child care services to eligible individuals. Bases State eligibility on the President's determination, pursuant to specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that a major disaster exists, or that an area within the State is determined to be eligible for disaster relief under other Federal law by reason of damage related to flooding in 1997. Bases individual eligibility on: (1) residence within such an area where a major disaster exists, or which is so eligible for disaster relief; and (2) involvement in unpaid work activities (including the cleaning, repair, restoration, and rebuilding of homes, businesses, and schools) resulting from such flood emergency. Sets forth limitations and priorities with respect to such assistance. (Sec. 6005) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend certain redetermination provisions for the supplementary security income (SSI) program. Chapter 7: Congressional Operations - Makes supplemental appropriations for an additional amount for expenses of the Office of the Secretary of the Senate, to carry out specified provisions of the Legislative Branch Appropriations Act, 1997. Provides an amount for payment to the children of Frank Tejeda, the late Representative from the State of Texas. Makes additional amounts available for salaries and expenses of the Botanic Garden for emergency repair and renovation of the conservatory. (Sec. 7001) Amends the Legislative Branch Appropriation Act, 1968 to make a specified limitation on the minimum rate of gross compensation inapplicable to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate. (Sec. 7002) Authorizes the Sergeant at Arms and Doorkeeper of the Senate, with the approval of the Committee on Rules and Administration, to provide additional facilities, services, equipment, and office space for use by a Senator in that Senator's State in connection with a presidentially-declared disaster or emergency. (Sec. 7003) Allows the transfer of a limited amount of funds for the expense allowance of the Secretary of the Senate. (Sec. 7004) Authorizes the Comptroller General to use available funds to enter into contracts for the acquisition of severable services for periods that begin in one fiscal year and end in another and to enter into specified multiyear contracts to the same extent as agencies under the authority of the Federal Property and Administrative Services Act. Chapter 8: Department of Transportation - Makes supplemental appropriations to the Department of Transportation for: (1) Coast Guard retired pay and for operating expenses directly related to support activities in the TWA Flight 800 crash investigation; (2) Federal Highway Administration, Federal-Aid Highways and for the Emergency Relief Program; and (3) the Federal Railroad Administration, to repair and rebuild freight rail lines of regional and short line railroads damaged by floods (with earmarks for West Virginia and the northern Plains States). Makes such appropriations to the National Transportation Safety Board for: (1) emergency expenses resulting from the crashes of TWA Flight 800, ValuJet 592, and Comair Flight 3272; and (2) assistance to families of victims of aviation accidents. (Sec. 8003) Authorizes additional appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1997 for grants to States for alcohol-impaired driving countermeasures. (Sec. 8004) Extends through FY 1997 the authorization of appropriations for the National Driver Register. Chapter 9: Department of Treasury - Makes supplemental appropriations to the Department of the Treasury. Authorizes the Secretary of Treasury to use the law enforcement services, personnel, equipment, and facilities of the State of Colorado and of the county and city of Denver for security arrangements for the Denver Summit of Eight. Makes supplemental appropriations to: (1) the Customs Service for the automated targeting system with respect to counterterrorism and drug law enforcement; and (2) the Postal Service Fund, for revenue foregone on free and reduced rate mail for specified purposes. (Sec. 9001) Authorizes the Administrator of General Services (GSA) to obligate specified appropriations for construction of the Montgomery, Alabama courthouse. (Sec. 9002) Prohibits the use of funds by GSA to implement certain cooperative purchasing provisions of the Federal Acquisition Streamlining Act of 1994 prior to the adjournment of the first session of the 105th Congress. (Sec. 9003) Prohibits the Bureau of Engraving and Printing from awarding a contract for the procurement of distinctive currency paper until the General Accounting Office has completed an analysis of the optimum circumstances for procuring such paper. Limits the term of the bridge contract with respect to such paper to 24 months and requires the Secretary of the Treasury to make certain certifications concerning the price and terms of the agreement. (Sec. 9004) Amends specified Federal civil service law to authorize and establish a leave transfer program in disasters and emergencies. Chapter 10: Department of Veterans Affairs - Makes additional amounts available for: (1) the Veterans Benefits Administration for compensation and pensions; and (2) the Department of Housing and Urban Development (HUD) for preserving existing housing investment, capacity building for community development and affordable housing, and for community development block grants for activities in communities affected by disasters in the upper Midwest. Authorizes appropriations for the construction of a parking garage at the Department of Veterans Affairs medical center in Cleveland, Ohio. Earmarks amounts of assisted housing special purpose grants for acquiring parking and restoring a theater in Ashland, Kentucky. Requires the HUD Secretary to enter into a contract with the National Academy of Public Administration for an evaluation of HUD's management systems. Directs the Environmental Protection Agency (EPA), from previous appropriations for the Center for Ecology Research and Training (CERT), to obligate the maximum amount of funds necessary to settle all outstanding CERT-related claims against the EPA pursuant to the Uniform Relocation and Real Property Acquisition Policies Act of 1970. Authorizes EPA, from any unobligated balances then remaining, to make grants to Bay City, Michigan, for the purpose of EPA-approved environmental remediation and rehabilitation of publicly owned real property included in the boundaries of the CERT project. Authorizes the use of a specified amount of funds for grants to States and federally recognized tribes for multi-media or single media pollution prevention, control, and abatement for direct implementation by the Federal Government of programs required in absence of acceptable State or tribal programs. Makes additional funds available to the Federal Emergency Management Agency (FEMA) for disaster relief. Conditions the availability of a portion of such funds on the submission by the FEMA Director of a legislative proposal to control disaster relief expenditures, including the elimination of funding for certain revenue producing facilities. Authorizes transfer of a specified amount of FEMA disaster relief funds to the Disaster Assistance Direct Loan Program for the cost of direct loans under certain provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, under specified conditions. (Sec. 10001) Directs the HUD Secretary to submit semi-annually to the Appropriations Committees a list of all contracts and task orders in excess of $250,000 entered into by HUD, the Government National Mortgage Association (Ginnie Mae), and the Office of Federal Housing Enterprise Oversight in the preceding six months. (Sec. 10002) Amends the United States Housing Act of 1937 to revise certain time periods relating to notice requirements for terminating section 8 housing contracts. (Sec. 10003) Amends the Multifamily Housing Finance Improvement Act, under specified provisions of the Housing and Community Development Act of 1992, to revise limitations on the Secretary of HUD's mortgage insurance authority to allow commitments with respect to a limited number of additional units during FY 1997. (Sec. 10005) Amends the National Housing Act to authorize HUD mortgage insurance for condominiums in an amount up to 100 percent of appraised value where a mortgagor establishes that the home was destroyed or damaged as a result of a major disaster. Chapter 11: Offsets and Rescissions - Sets forth offsets with respect to the Fund for Rural America and the Food and Consumer Service's emergency food assistance program. Prohibits the use of Department of Agriculture funds under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997 to pay the personnel salaries and expenses above specified levels to carry out: (1) a combined program for export credit guarantees, supplier credit guarantees, and emerging democracies facilities guarantees; and (2) an export enhancement program. Rescinds specified funds available for: (1) the Department of Justice for the Working Capital Fund, the Assets Forfeiture Fund, and Immigration and Naturalization Service construction; (2) the National Institute of Standards and Technology for the Advanced Technology Program; (3) the Federal Communications Commission; (4) the Ounce of Prevention Council; (5) the Department of Energy for energy supply and research and development activities, power marketing administrations, clean coal technology, and the Strategic Petroleum Reserve; (6) the Department of HHS for job opportunities and basic skills; (7) the Department of Transportation for grants-in-aid for airports, highway traffic safety grants, and other Highway Trust Fund monies; (8) GSA presidential transition expenses; (9) HUD assisted housing programs; and (10) NASA. Title III: General Provisions - This Act - Provides that no appropriation made in this Act shall remain available beyond the current fiscal year unless otherwise provided. (Sec. 30002) Sets forth Buy-American requirements. Title IV: Cost of Higher Education Review - Cost of Higher Education Review Act of 1997 - Establishes a National Commission on the Cost of Higher Education to study and make recommendations regarding: (1) the increase in tuition compared with other commodities and services; (2) innovative methods of reducing or stabilizing tuition; (3) the impact on tuition of specified trends in college and university costs, student financial aid, and government mandates and fiscal policies; (4) mechanisms for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities; and (5) the adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (Sec. 40006) Authorizes appropriations for the Commission. Title V: Depository Institution Disaster Relief - Depository Institutions Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions, during specified limited periods, to the Truth in Lending Act for transactions, and to the Expedited Funds Availability Act for depository institution offices, within a major disaster area or an area eligible for disaster relief because of the recent flooding of the Red River of the North, the Minnesota River, and their tributaries. (Sec. 50003) Authorizes the appropriate Federal banking agency to permit, for a specified time period, certain insured depository institutions, in or involved with such area, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds. (Sec. 50004) Authorizes qualifying regulatory agencies to take specified actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within such area. (Sec. 50005) Expresses the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River of the North, the Minnesota River, and their tributaries. Expresses the sense of the Congress that each Federal financial institutions regulatory agency should make exceptions to the appraisal standards prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 for transactions involving institutions located in disaster areas if the exceptions can be expected to alleviate hardships to the public resulting from such disasters. Title VI: Technical Amendments With Respect to Education - Amends the Higher Education Act of 1965 to make certain technical corrections relating to graduation rates data disclosures. (Sec. 60002) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend from January 1, 1998, to January 1, 1999, the deadline for a final report by the Secretary of Education on a national assessment of programs assisted under ESEA title I, Helping Disadvantaged Children Meet High Standards. (Sec. 60003) Directs the Secretary to deem Kansas and New Mexico as having timely submitted certain written notices of intent to consider specified impact aid payments under ESEA in providing State aid to local educational agencies (LEAs) for school year 1997-1998. Authorizes the Secretary to require these States to submit appropriate additional information, which shall be considered part of such notice. (Sec. 60004) Provides that no eligible LEA shall receive less than 85 percent of the FY 1996 amount in a specified hold-harmless impact aid payment for each of FY 1997 through 2000. (Sec. 60005) Revises requirements for the Secretary's use of data in providing additional assistance for heavily impacted LEAs, to specify that the student and revenue data used be expenditure data. Repeals the requirement that the Secretary use the most recent data available adjusted to the fiscal year in question. Title VII: Food Stamp Program - Amends the Food Stamp Act of 1977 to grant States an option to issue food stamp benefits to certain individuals made ineligible by welfare reform.

Defense Reform Act of 1997

United States · United States Congress · 4 June 1997

TABLE OF CONTENTS: Title I: Defense Personnel Reforms Title II: Defense Business Practices Reforms Subtitle A: Competitive Procurement Requirements Subtitle B: Reform of Conversion Process Subtitle C: Other Reforms Title III: Environmental Reforms Subtitle A: Superfund Reforms Generally Subtitle B: Superfund and Other Environmental Law Reforms Applicable to Department of Defense or Department of Energy Title IV: Miscellaneous Additional Defense Reforms Title V: Commission on Defense Organization and Streamlining Defense Reform Act of 1997 - Title I: Defense Personnel Reforms - Amends Federal armed forces provisions to provide a phased reduction in the number of Department of Defense (DOD) personnel assigned to management headquarters and headquarters support activities. Provides that the number of such personnel as of October 1, 1998, may not exceed 90 percent of the number of such personnel on October 1, 1997. Decreases such percentage by an additional 5 percent as of October 1 of each subsequent year through 2001. Authorizes the Secretary of Defense (Secretary) to waive such requirement if he determines and certifies to the Congress that such limitation would adversely affect U.S. national security. Requires an implementation report from the Secretary to the Congress containing a plan to achieve such reductions. (Sec. 102) Requires a similar phased reduction in the number of DOD acquisition workforce personnel, to achieve a total reduction of 124,000 by October 1, 2001. Requires an implementation report. (Sec. 103) Decreases the required percentage reduction in monthly retirement annuity amounts under an alternative annuity plan paid to certain DOD acquisition personnel who are separated from service before age 55. Requires an initial and final report from the Secretary to the Congress concerning alternative plan participants. (Sec. 104) Authorizes the Secretary to offer separation pay to DOD civilian personnel who: (1) are covered by the definition of "defense acquisition personnel"; (2) are separated from service during FY 1998 after meeting Federal age plus years in service requirements; and (3) do not receive any other separation pay. Requires a report. (Sec. 105) Requires, by October 1, 1998, a reduction in the number of personnel assigned to the United States Transportation Command to no more than 66,238. Provides authorized personnel sources for such reduction. Title II: Defense Business Practices Reforms - Subtitle A: Competitive Procurement Requirements - Requires the Secretary, no later than October 1, 1998, to use competitive procurement requirements in the purchase of: (1) finance and accounting services; (2) services for the disposal of surplus property; (3) information services currently performed by the Defense Information Systems Agency; and (4) opthalmic services related to the provision of eyeware for current and retired military personnel and their beneficiaries (with an exception). Requires various reports concerning the services provided under (2) and (3), above. (Sec. 204) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend through FY 1998 the required competitive procurement by DOD of printing and duplication services. Prohibits the Defense Automation and Printing Service from imposing a surcharge on any such service for DOD that is procured from outside of DOD. (Sec. 206) Requires, in each fiscal year beginning after 1999, no less than 33 percent of the commercial and industrial type functions of the defense agencies to be performed by private contractors. Requires an implementation plan from the Secretary to the Congress. Subtitle B: Reform of Conversion Process - Directs the Secretary, no later than October 1, 1998, to develop standard forms to be used in the consideration for conversion to contractor performance of those commercial services and functions at military installations that have been converted to contractor performance at a rate of 50 percent or more. (Sec. 212) Requires the Secretary, in the case of a commercial or industrial type DOD function that on October 1, 1980, was being performed by DOD civilian employees, to notify the Congress of any decision to study such function for possible conversion to performance by a private contractor. Requires further notification if a decision is made to convert such function. Makes such notification requirements inapplicable to a function currently being performed by 20 (currently 45) or fewer DOD civilian employees. (Sec. 213) Directs the Secretary, with respect to each contract converting the performance of a DOD service or function to contractor performance, to collect, during the term of the contract (but not to exceed five years), cost information data regarding performance by private contractor employees. Subtitle C: Other Reforms - Directs the Secretary to reduce the annual overhead costs of the supply management activities of the Defense Logistics Agency and the military departments so that such costs are not more than eight percent of annual net sales at standard price. Requires such reduction by September 30, 2000. Requires an implementation plan. (Sec. 222) Amends the DOD procurement technical assistance cooperative agreement program to: (1) authorize the provision of electronic commerce technical assistance; (2) require the Secretary to use competitive procedures in entering into cooperative agreements; and (3) allow the Secretary to expend only funds specifically appropriated for such program. (Sec. 223) Authorizes the Secretary of a military department to convey a utility system (or part thereof) under his jurisdiction to a municipal, private, regional, district, or cooperative utility company or other entity. Requires notification of any such conveyances to the appropriate congressional committees. Title III: Environmental Reforms - Subtitle A: Superfund Reforms Generally - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require environmental remedies undertaken at Superfund cleanup sites to be protective of human health and the environment and to provide a cost-effective treatment to achieve a remediation level that permits reasonably anticipated future land uses at the facility. Requires the President to identify and select an appropriate remedy that minimizes exposures by comparing alternative remedies and balancing specified factors (effectiveness, reliability, cost, risks) with respect to each remedy. Authorizes the President to defer the selection of a remedial action if he determines that: (1) the hazardous substance, pollutant, or contaminant can be contained in a manner sufficient to protect human health and the environment; and (2) an innovative technology is expected to be available in the near future that will provide a more cost-effective remedy. Directs the President to determine the appropriate remedy for "hot spots" (areas within a facility that contain hazardous substances in high concentrations, that are highly mobile, and that cannot be contained or areas that would present a significant risk to human health or the environment). Directs the President to establish cost-effective generic remedies for categories of facilities, together with expedited procedures (including community involvement) for selecting generic remedies at an individual facility. Requires the President, whenever he selects a remedial action which relies on land, water, or other resource restrictions, to specify the nature of such restrictions and to ensure that such restrictions are incorporated into a hazardous substance easement. (Sec. 302) Directs the President, before selecting a remedy, to identify the reasonably anticipated future uses of land at a facility, taking into consideration specified factors, including views expressed by the local community, recommendations of review committees, and the land's use history. (Sec. 303) Prohibits criminal liability for Federal officers, employees, and agents failing to comply with an environmental action response requirement at a federally owned facility unless: (1) such individual has not fully performed any direct or delegated responsibility to ensure that a request for sufficient funding for such action was included in the President's budget request; or (2) appropriated funds were available for such action. (Sec. 304) Authorizes a State to apply to the Administrator of the Environmental Protection Agency (EPA) to exercise vested authorities of the Administrator with respect to remediation actions at Federal facilities, including review and approval of documents prepared in connection with remedial investigations and studies, review and selection of remediation remedies, and entering into appropriate remediation agreements. Provides for the transfer of authority in such cases from the Administrator to the State, with specified conditions. Requires the Administrator to make a determination on an application from a State within 90 days after its receipt. Provides for: (1) withdrawal of authorities for improper use or activities (with a requirement of written notice to such State at least 90 days prior to such withdrawal); (2) the enforcement of interagency agreements and remedy selection; (3) procedures to be undertaken upon failure to concur in a remedy selection; and (4) authority transfer limitations. Subtitle B: Superfund and Other Environmental Law Reforms Applicable to Department of Defense or Department of Energy - Makes certain CERCLA standards relating to the attainment of a relevant and appropriate environmental standard inapplicable to a remedial action undertaken at a DOD facility if the facility is not listed on the CERCLA national priorities list. (Sec. 312) Authorizes the Secretary of Defense or Energy, with respect to any site or facility under his or her jurisdiction, to terminate the long-term operation and maintenance of a completed remedial or corrective action in any case in which such Secretary determines, with the concurrence of the Administrator or appropriate State or local authorities, that the release or threatened release of hazardous substances, pollutants, or contaminants at such site or facility is no longer a threat to human health and the environment. (Sec. 313) Prohibits the Secretary of Energy from entering into or agreeing to a major modification of an environmental compliance agreement until after such Secretary submits to the Congress specified cost and budget information. (Sec. 314) Provides for the continued effect of any exemptions from Clean Air Act standards which were in effect with respect to ozone or particulate matter at property owned or operated by the armed forces. (Sec. 315) Amends the Solid Waste Disposal Act to authorize the EPA Administrator to provide for unexpended military munitions in storage to not be considered hazardous waste under such Act. Title IV: Miscellaneous Additional Defense Reforms - Authorizes the Secretary of the Navy to enter into contracts for the long-term lease or charter of newly built surface vessels, or for the provision of a service through use by a contractor of such vessels, for: (1) the Navy combat logistics force; (2) the Navy strategic sealift program; or (3) other auxiliary support vessels for DOD. Requires such contracts to be authorized by law. Outlines provisions concerning: (1) funds for contract payments; (2) contract terms (including an option to buy leased or chartered vessels); (3) the required crewing of such vessels by private sector commercial mariners; and (4) contract termination liability. (Sec. 402) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of the installations in such area as practicable in a privately dedicated telecommunications network. Requires an implementation report. (Sec. 403) Repeals a Federal provision requiring specified contractor guarantees to the appropriate defense agency head with respect to major weapon systems being produced and delivered by such contractor. (Sec. 404) Provides contracting officer requirements relating to the purchase of commercial items in an amount less than or equal to the micro-purchase threshold. (Sec. 406) Terminates the Armed Services Patent Advisory Board. Transfers Board functions to the Defense Technology Security Administration. (Sec. 407) Establishes in DOD a Board on Criminal Investigations to provide for coordination and cooperation between the military department criminal investigative organizations in order to avoid duplication of effort and maximize available resources. Directs the Board to establish regional working groups to address and resolve issues of jurisdictional responsibility, with final determination of such issues by the Under Secretary of Defense (Comptroller). (Sec. 408) Terminates on December 31, 1998, any existing DOD advisory committee that was not established or expressly continued by law after January 1, 1995. Requires: (1) a report from the Secretary to the Congress with respect to committees for which continuance is requested; and (2) an annual report from the Secretary to the Congress identifying each committee that the Secretary proposes to support during the next fiscal year. Title V: Commission on Defense Organization and Streamlining - Establishes the Commission on Defense Organization and Streamlining to: (1) examine the missions, functions, and responsibilities of the Office of the Secretary of Defense, the management headquarters and headquarters support activities of the military departments and defense agencies, and the various DOD acquisition organizations; (2) propose alternative organizational structures and alternative allocations of authorities; (3) identify areas of duplication and recommend options to streamline, reduce, and eliminate redundancies; and (4) submit an interim and final report to the Congress.