Environment

Ward Valley Land Transfer Act

United States · United States Congress · 26 June 1997

Ward Valley Land Transfer Act - Directs the Secretary of the Interior to convey to the California Department of Health Services specified lands in San Bernardino County, California, known as the Ward Valley Site, upon the tendering to: (1) the Secretary of the Treasury of $500,100 on behalf of California; and (2) the Chairman of the Nuclear Regulatory Commission of a written commitment by California to carry out environmental monitoring and protection measures, based on recommendations of the National Academy of Sciences, subject to Federal oversight by the Commission.

Beaches Environmental Assessment, Closure, and Health Act of 1997

United States · United States Congress · 26 June 1997

Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health. Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires the Administrator to issue guidance for the delegation of State testing, monitoring, and posting programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.

Beaches Environmental Assessment, Closure, and Health Act of 1997

United States · United States Congress · 26 June 1997

Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health. Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and posting programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.

China Human Rights and Democracy Act of 1997

United States · United States Congress · 26 June 1997

China Human Rights and Democracy Act of 1997 - Authorizes appropriations for International Broadcasting Activities only for broadcasting to China. Earmarks funds for: (1) capital expenditures for the purchase and construction of transmission facilities; and (2) Radio Free Asia. (Sec. 2) Expresses the sense of the Congress that U.S. international broadcasting through Radio Free Asia and Voice of America should be increased to provide continuous 24-hour broadcasting in multiple languages and dialects, including Mandarin, Cantonese, Tibetan, and Uighur. (Sec. 3) Authorizes appropriations to the National Endowment for Democracy, and directs the Secretary of State to use funds available in the East Asia-Pacific Regional Democracy Fund, to promote democracy, civil society, and the development of the rule of law in China. (Sec. 4) Directs the Secretary to report annually to specified congressional committees on human rights in China, including religious persecution, the development of democratic institutions, and the rule of law. Directs the Secretary to: (1) establish a Prisoner Information Registry for China; and (2) assign not less than six foreign service officers to the U.S. Embassy and consular offices in China to monitor and report on human rights matters in China. (Sec. 5) Requires specified reports to the Congress on Chinese intelligence activities against U.S. interests and on commercial enterprises affiliated with the Chinese military. (Sec. 6) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles. Declares that such nationals should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects; (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project; (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) strive to establish a private business enterprise when involved in an industrial cooperation project with China or other state entity; (5) discourage any military presence on the premises of projects which involve dual-use technologies; (6) promote freedom of association and assembly among the U.S. national's employees; (7) provide the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises; (9) promote freedom of expression of all kinds; and (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Requires the Secretary of Commerce to give preference to U.S. nationals that have adopted such principles when selecting participants for trade missions in China. (Sec. 7) Requires the promotion of cultural, educational, scientific, agricultural, military, legal, political, and artistic exchanges between the United States and China. Expresses the sense of the Congress that: (1) the Speaker of the House and the Majority Leader of the Senate should establish a legislative exchange program with China; and (2) a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. (Sec. 8) Prohibits the Secretary from issuing any visa to, and the Attorney General from admitting to the United States, any Chinese national that has been materially involved in: (1) the commission of human rights violations; or (2) the proliferation of conventional or nuclear weapons technology, or other sensitive or dual-use technologies, in contravention of U.S. interests. Provides for waiver of such requirements in the U.S. national interest. (Sec. 9) Expresses the sense of the Congress that the Congress, the President, and the Secretary should work with the governments of other countries to establish a Commission on Security and Cooperation in Asia which would be modeled after the Commission on Security and Cooperation in Europe.

To amend the Hazardous and Solid Waste Amendments of 1984 to repeal the sunset of the Environmental Protection Agency Office of Ombudsman, and for other purposes.

United States · United States Congress · 26 June 1997

Amends the Hazardous and Solid Waste Amendments of 1984 to repeal the termination (thus, provide for the revival) of the Environmental Protection Agency's (EPA) Office of Ombudsman. Requires the Office (within the EPA Office of Solid Waste and Emergency Response) to report to the Congress on the status of health and environmental concerns addressed by Ombudsman cases. Directs EPA to facilitate structuring the Office consistent with the American Bar Association's Model Ombudsman Statute.

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to limit the portion of the Superfund expended for administration, oversight, support, studies, design, investigations, monitoring, assessment, and evaluation, and enforcement activities.

United States · United States Congress · 26 June 1997

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to limit the amount of Hazardous Substance Superfund expenditures for administration, oversight, support, studies, design, investigations, monitoring, assessment, evaluation, and enforcement activities to: (1) 25 percent of total Superfund monies in FY 1998 through 2000; and (2) 20 percent of such total in FY 2001 and thereafter. Directs the Administrator of the Environmental Protection Agency to report to the Congress on any regulatory or statutory relief required to operate under such funding limitations.

To amend the Export-Import Bank Act of 1945 to ensure that the provision of assistance for exports to China is conditioned upon adherence to responsible conduct.

United States · United States Congress · 26 June 1997

Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank of the United States from guaranteeing, insuring, or extending credit to an entity (except a small business) with respect to the export of any good or service to China unless the Board of Directors of the Bank determines that such entity is adhering to certain environmental and fair employment principles under a corporate code of conduct. Expresses the sense of the Congress that the Bank and the Clearinghouse on Corporate Responsibility that is being developed by the Department of Commerce should work together to ensure that businesses are made aware of, and have access to, resources and organizations that can assist them in developing and monitoring global codes of corporate conduct.

Polluter Pays Act of 1997

United States · United States Congress · 26 June 1997

Polluter Pays Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to revise provisions describing liable persons to make any person who causes the release or threatened release of a hazardous substance liable for response actions and related costs and damages under such Act. Applies this Act to any case in which there has been no final decree or settlement that is not subject to appeal.

TVA 2000 Regional Commission Act

United States · United States Congress · 26 June 1997

TVA 2000 Regional Commission Act - Establishes the TVA 2000 Regional Commission to conduct a comprehensive legal and factual study of the navigational, flood control, economic development, recreational, and economic impacts of the future structure, competitiveness, and financial viability of the Tennessee Valley Authority (TVA) on: (1) Federal, State and local governments; and (2) communities, citizens, businesses, and the environment within the TVA region. Authorizes appropriations. Terminates the Commission 60 days after the Commission submits the report required under this Act.

To prohibit the shipment of spent nuclear fuel to the Goshute Indian reservation in Utah.

United States · United States Congress · 26 June 1997

Prohibits the shipment of spent nuclear fuel to the Goshute Indian reservation in Utah.

Good Corporate Citizenship and Federal Procurement Incentives Act

United States · United States Congress · 25 June 1997

Good Corporate Citizenship and Federal Procurement Incentives Act - Directs Directs the heads of Federal agencies, when entering into contracts to procure goods and services, to give preference to contracting with entities that have adopted certain environmental and fair employment principles under a corporate code of conduct. Requires the Federal Acquisition Regulation to include standards with respect to such preference. Directs the Secretary of Commerce, the Overseas Private Investment Corporation (OPIC), the Trade and Development Agency, and the Export-Import Bank of the United States, in providing certain foreign trade and investment assistance, to give preference to entities that have adopted the corporate code of conduct. Declares the sense of the Congress prescribing such code of conduct, including principles with respect to: (1) a safe and healthy workplace; (2) fair employment, including avoidance of child and forced labor, or of discrimination based upon race, gender, national origin, or religious beliefs; (3) the right to organize and bargain collectively; (4) payment of a living wage to all workers; (5) responsible environmental protection and environmental practices; (6) good business practice laws, including laws prohibiting illicit payments and ensuring fair competition; (7) free expression consistent with legitimate business concerns; (8) absence of political coercion in the workplace; (9) ethical conduct is recognized, valued, and exemplified by all employees; (10) contractual requirement of similar behavior by partners, suppliers, and subcontractors; and (11) specified implementation and compliance monitoring procedures. Directs the head of each Federal agency to review and report annually to the Congress on each entity that has received a preference to determine whether it is in compliance with the code. Authorizes any person to file a petition with the Secretary of Commerce requesting the withdrawal, suspension, or limitation of the preference awarded to an entity that is alleged not to be in compliance with the code. Provides for the judicial review of such determinations.

Dairy, Nutrition, and Conservation Act of 1997

United States · United States Congress · 25 June 1997

Dairy, Nutrition, and Conservation Act of 1997 - Provides for: (1) a producer referendum regarding implementation of the alternative milk price support and inventory management program established by this Act; and (2) election of a National Milk Marketing Board if such program is approved. (Sec. 4) Establishes an alternative milk price support and inventory management program. Provides for: (1) price support production cost adjustments; (2) a production-consumption based marketing allocation factor; (3) marketing histories; (4) production and nutrition base determinations; (5) dairy nutrition assistance price reductions; and (6) export of excess production (with permitted direct exporting contracts). (Sec. 5) Directs the Board to monitor and report on the relationship between producer-received price and nutrition assistance program needs. (Sec. 6) Provides assistance for milk producer environmental compliance activities.

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.

Quiet Communities Act of 1997

United States · United States Congress · 24 June 1997

Quiet Communities Act of 1997 - Directs the Administrator of the Environmental Protection Agency to reestablish an Office of Noise Abatement and Control, which shall be responsible for coordinating Federal noise abatement activities, updating or developing noise standards, providing technical assistance to local communities, and promoting research and education. Requires the Administrator to: (1) conduct a study of airport noise, examining the Federal Aviation Administration's (FAA) selection of noise measurement methodologies, health impact thresholds, and abatement program effectiveness; and (2) submit such study to the Congress and the FAA. Authorizes appropriations.

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.

Marine Ferry and High-Speed Marine Ferry Act

United States · United States Congress · 19 June 1997

Marine Ferry and High-Speed Marine Ferry Act - Directs the Secretary of Transportation to study and report to specified congressional committees on ferry transportation in the United States and its possessions in order to identify: (1) existing ferry operations; and (2) potential U.S. ferry routes in the United States and its possessions and to develop certain information on them. Directs the Secretary to meet with State and municipal planning organizations to discuss the results of the study and the availability of both Federal and State resources for providing marine ferry service. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for ferry operations providing daily transportation for workers, students, or both who reside on one or more islands in the noncontiguous United States. Authorizes the Secretary to guarantee loans for marine ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions. Authorizes appropriations. Amends Federal shipping law, with regard to the issuance of a certificate of documentation for a small passenger vessel, passenger vessel, or a ferry, to declare that the members of an association, trust, joint venture, or other entity that owns a vessel that is not registered under the laws of a foreign country or titled in a State do not all have to be U.S. citizens provided the vessel is subject to a charter to a U.S. citizen. Directs the Coast Guard to review the International Code of Safety for High-Speed Craft to: (1) determine whether its safety regulations are suitable for high-speed vessels not currently regulated; and (2) make recommendations to specified congressional committees. Requires certain manning requirements imposed on a high-speed passenger vessel to consider the specialized nature of the vessel and its navigation, handling, and maintenance functions for protection of life, property, and the environment. Directs the Secretary to prescribe manning standards related to the duties, qualifications, and training of the officers and crew of such vessel operating on the waters of the United States or the waters of an exclusive economic zone. Directs the Transportation Research Board to evaluate and report to specified congressional committees on different technological approaches to the provision of high-speed marine ferry service and potential for U.S. utilization.

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.

To provide for a four-year moratorium on the establishment of new standards for ozone and fine particulate matter under the Clean Air Act, pending further implementation of the Clean Air Act Amendments of 1990, additional review and air quality monitoring under that Act.

United States · United States Congress · 19 June 1997

Places a four-year moratorium on the promulgation of new or revised national ambient air quality standards for ozone or fine particulate matter under the Clean Air Act by the Administrator of the Environmental Protection Agency. Requires the Administrator, within five years of this Act's enactment date, to: (1) complete a review of the air quality criteria and standards for ozone and particulate matter; and (2) determine whether to retain or revise such standards or promulgate new standards. Directs the Administrator, in reviewing such criteria for particulate matter, to: (1) evaluate any adverse health effects of exposure to airborne particulate matter; (2) determine the amount and size of particles inhaled and retained in the lungs; and (3) investigate the biological mechanisms by which particulate matter may induce adverse health effects. Authorizes the Administrator to require State implementation plans to require air quality monitoring for fine particulate matter and to make grants to States for such purposes. Authorizes appropriations.

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.

Commission Directive 97/35/EC of 18 June 1997 adapting to technical progress for the second time Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms (Text with EEA relevance)

European Union · EUR-Lex · 18 June 1997

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.

To direct the Secretary of the Army to carry out an environmental restoration project at the Eastern Channel of the Lockwoods Folly River, Brunswick County, North Carolina.

United States · United States Congress · 17 June 1997

Directs the Secretary of the Army to carry out an environmental restoration project at the Eastern Channel of the Lockwoods Folly River, Brunswick County, North Carolina. Authorizes appropriations.

Electric Utility Nitrogen Oxide Limitation Act of 1997

United States · United States Congress · 17 June 1997

Electric Utility Nitrogen Oxide Limitation Act of 1997 - Makes it unlawful for any fossil-fuel fired utility unit with a nameplate capacity of greater than 25 megawatts of electrical output to emit nitrogen oxides in excess of a maximum allowable emission standard of 0.35 pounds per million Btu. Cites circumstances under which the owner of several electric utility units within a single State may elect to use alternative contemporaneous annual emission limitations and receive operating permits accordingly. Directs the Administrator of the Environmental Protection Agency to issue implementation and enforcement regulations. Sets a deadline after which no unit under this Act may operate without a permit subject to the Clean Air Act. Declares that the requirements of this Act shall be treated as an emission limitation under the Clean Air Act.

Transported Air Pollution Mitigation Act of 1997

United States · United States Congress · 17 June 1997

Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either: (1) reduce emissions of each air pollutant concerned and its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations. Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the State determines that the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area. Provides for amendments to maintenance plans in upwind areas that cause or significantly contribute to violations of such standards in downwind areas to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas. Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas. Prohibits any relaxation or rescission of such measures as long as an upwind area contributes to such violations in a downwind area.

Proposal for a Council Regulation (EC) amending Regulation EEC No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network

European Union · European Commission · 13 June 1997

Müllverbrennungsanlage Wels/WAV

Austria · National Council · 12 June 1997

Schriftliche Anfrage der Abgeordneten Rudolf Anschober und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Müllverbrennungsanlage Wels/WAV

Holzkennzeichnung, Gütezeichens für Holz und Holzprodukte

Austria · National Council · 12 June 1997

Schriftliche Anfrage der Abgeordneten Ing. Monika Langthaler und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Holzkennzeichnung, Vollzug des Bundesgesetzes vom 2. April 1993, BGBl. Nr. 228, zur Schaffung eines Gütezeichens für Holz und Holzprodukte aus nachhaltiger Nutzung

Vergütung der Stromerzeugung aus Alternativenergien

Austria · National Council · 12 June 1997

Mündliche Anfrage der Abgeordneten Ing. Monika Langthaler an den Bundesminister für wirtschaftliche Angelegenheiten betreffend Vergütung der Stromerzeugung aus Alternativenergien <br><br>Stimmt es, daß Sie im Rahmen des geplanten Generalübereinkommens zur Vergütung der Stromerzeugung aus Alternativenergien, also von Strom aus Biomasse, Windkraft, Photovoltaik, skandalös niedrige Einspeistarife der E-Wirtschaft von durchscnittlich 50 Groschen pro Kilowattstunde akzeptieren, wodoch in unseren Nachbarländern Italien und Deutchland zum Teil deutlich über 1 Schilling pro Kilowattstunden bezahlt wird?

Municipal Solid Waste Disposal Act of 1997

United States · United States Congress · 12 June 1997

Municipal Solid Waste Disposal Act of 1997 - Amends the Solid Waste Disposal Act to authorize States, political subdivisions, and public service authorities to exercise flow control authority for municipal solid waste and for recyclable materials voluntarily relinquished by the owner or generator that are generated in their jurisdictions by directing such waste and materials to waste management facilities, public service authorities, or recyclables facilities if such authority: (1) had been exercised before and was being implemented on May 15, 1994, pursuant to a law, regulation, or other legally binding provision or had been exercised before such date without regard to whether implementation was prevented by injunction, temporary restraining order, or other court action or was suspended by the State or political subdivision because of such actions; or (2) has been implemented by designating before such date the particular waste facilities or public service authorities in operation as of such date (or before but temporarily inoperative on such date) to which the waste or recyclable materials is to be delivered. Limits such authority to categories of waste to which flow control authority requiring a movement to a facility was applied on or before May 15, 1994, or to the specific categories for which a State, political subdivision, or public service authority, before such date, had committed to the designation of a facility. Establishes additional flow control authority for States or political subdivisions that, on or before January 1, 1984, adopted regulations that required the transportation, management, or disposal of solid waste from residential, commercial, institutional, or industrial sources to waste management facilities. Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed. Lists additional conditions under which political subdivisions, including State solid waste management districts, may exercise such authority. States conditions under which a political subdivision, if it had State authority to do so before May 15, 1994, may exercise flow control authority over waste generated within its jurisdiction. Permits States or political subdivisions, on the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to an alternative solid waste facility where such diversion would provide a higher level of health and environmental protection or reduce potential liability of the generator under Federal or State law. Permits the exercise of flow control authority only if the State or political subdivision certifies that revenues derived from such authority will be used solely for solid waste management services. Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce. Prohibits application of the exercise of flow control authority to any facility that is listed on the National Priorities List under the Comprehensive Environmental, Response, Compensation, and Liability Act or, as of May 15, 1994, was the subject of a pending proposal by the Administrator of the Environmental Protection Agency to be so listed.

A resolution expressing the sense of the Senate regarding the conditions for the United States becoming a signatory to any international agreement on greenhouse gas emissions under the United Nations Framework Convention on Climate Change.

United States · United States Congress · 12 June 1997

Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.

Voluntary Environmental Self-Evaluation Act

United States · United States Congress · 12 June 1997

Voluntary Environmental Self-Evaluation Act - Provides that information contained in, and testimony relating to, voluntary environmental self-evaluations shall not be admissible evidence or subject to discovery in Federal or State administrative or judicial proceedings under Federal environmental laws. Authorizes waivers of such privilege by the entity concerned. Permits persons seeking disclosure of such information, in cases where an entity invokes the nondisclosure privilege, to request an administrative law judge or the court, as appropriate, to convene an in camera proceeding to determine applicability of the privilege. Makes the privilege inapplicable in civil proceedings if an administrative law judge or the court determines that: (1) the document or testimony indicates non-compliance with an environmental law by such entity and the entity failed to achieve compliance within a reasonable time period; (2) such entity is asserting the privilege for a fraudulent purpose; or (3) the report was prepared for purposes of avoiding disclosure of information required for a pending or imminent investigative, administrative, or judicial proceeding of which the entity had knowledge. Provides for appeals of such determinations. Makes the nondisclosure privilege inapplicable in criminal proceedings brought by Federal or State agencies if the court makes any of the determinations described above for civil proceedings. Authorizes seizures of reports believed to constitute evidence of criminal offenses but limits use of the information to review by such agencies until the court determines it subject to disclosure. Provides immunity from Federal or State prosecution to entities making voluntary disclosures of violations of environmental laws as a result of making self-evaluations or using environmental management systems and makes such disclosures inadmissible in courts or administrative proceedings if the entity: (1) meets certain conditions regarding promptness of disclosure, efforts to achieve compliance, and availability of information; and (2) is not disclosing information for fraudulent purposes or to avoid penalties. Makes immunity inapplicable if the violation concerned is part of a pattern of significant violations that has occurred within the past three years in cases where the senior management had knowledge and failed to take corrective action.

To impose an indefinite moratorium on enforcement of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 against certain de minimis parties.

United States · United States Congress · 12 June 1997

Prohibits the Administrator of the Environmental Protection Agency from continuing or beginning to conduct an enforcement action against a de minimis party under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) that: (1) did not cause the release or threat of release of a hazardous substance; and (2) had no knowledge of the release or threat of release until after it occurred. Requires certain time limitations on the filing of actions for natural resource damages, cost recovery, or contributions to be tolled with respect to such enforcement actions for the period during which the moratorium under this Act is in effect.

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.

Deponieverordnung

Austria · National Council · 11 June 1997

Schriftliche Anfrage der Abgeordneten Dipl.-Ing. Dr. Peter Keppelmüller und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Deponieverordnung

bundeseinheitliche Vollziehung von Gesetzen und internationalen Übereinkommen

Austria · National Council · 11 June 1997

Schriftliche Anfrage der Abgeordneten Edith Haller und Genossen an den Bundeskanzler betreffend bundeseinheitliche Vollziehung von Gesetzen und internationalen Übereinkommen <i>(hinsichtlich Artenschutz)</i>

Job Protection Act of 1997

United States · United States Congress · 11 June 1997

Job Protection Act of 1997 - Prohibits the promulgation of any new or revised national ambient air quality standard for particulate matter and ozone under the Clean Air Act until after the final date on which the standards for particulate matter and ozone are required to be attained in areas having the highest concentrations of particulate matter (December 31, 2001) or ozone (November 15, 2010).

Environmental Protection Partnership Act

United States · United States Congress · 10 June 1997

Environmental Protection Partnership Act - Amends the Federal judicial code to provide that an environmental audit report that is prepared, or a finding, opinion, or other communication that is made, in good faith by a person or government entity and that is related to, and essentially constitutes a part of, an audit report, shall not be subject to discovery or any other investigatory procedure or admissible as evidence in any judicial action or administrative proceeding, with exceptions. Makes such provision inapplicable to an audit report if, after an in camera hearing, a judge determines that: (1) the party that initiated the audit expressly waives the protection provided by this Act; (2) the audit provides evidence of noncompliance with a covered Federal law and appropriate efforts to achieve compliance were not promptly initiated and pursued with reasonable diligence; (3) the party that is asserting the applicability of such provision is doing so for a fraudulent purpose; or (4) the audit report or finding was prepared for the purpose of avoiding disclosure of information required for a governmental investigative, administrative, or judicial proceeding that, at the time of preparation, was imminent or in progress. Sets forth provisions regarding waivers and confidential disclosures, seizure of an audit report by law enforcement officials, handling of the report, filing a petition with an appropriate court, in camera hearings, and the burden of proof. Authorizes a judge: (1) after an in camera hearing, to require disclosure of or testimony regarding an audit report or finding for which protection is asserted if the judge determines that the information is not subject to protection under this Act; and (2) to suppress any evidence arising or derived from the failure of a government official to comply with this Act. Prohibits a party that performs an audit from giving testimony concerning the audit in any judicial or administrative proceeding that relates to a nondelegated covered Federal law without the consent of the party that initiated the audit. Provides that if a party discloses information relating to a covered Federal law to an appropriate official of a Federal or State agency responsible for administering the covered Federal law, the disclosure shall be considered to be a voluntary disclosure, subject to limited immunity protection, regardless of whether the disclosure is required by law, if: (1) the disclosure arises out of a voluntary audit or the operation of a voluntary environmental compliance management system by the party and the disclosure is made promptly after the party receives knowledge of the information; and (2) the party initiates an action to address the issues identified in the disclosure within a reasonable period of time and fulfills other specified requirements. Sets forth provisions regarding: (1) permissible sanctions and admission into evidence; (2) mitigating circumstances; (3) involuntary disclosures; and (4) resolution of immunity disputes. Allows a State law (with exceptions) to provide that, under appropriate conditions, a voluntary audit report, or a finding related to and constituting part of a voluntary audit report, shall not be: (1) subject to discovery or any other investigatory procedure governed by State or local law; or (2) admissible as evidence in any State or local judicial action or administrative proceeding. Provides for limited protection for testimony and for disclosure of voluntary environmental self-evaluation information. Prohibits a Federal agency from: (1) refusing to delegate a covered Federal law to a State or local agency; (2) refusing to approve or authorize a State or local program under a covered Federal law because the State has such a law in effect; or (3) taking other actions that would effectively require a State to rescind or limit any protection of such State law. Amends the Small Business Act to include within assistance from small business development centers assisting small businesses in complying with the requirements necessary to receive voluntary audit protection.

Coast Guard Authorization Act for Fiscal Years 1998 and 1999

United States · United States Congress · 10 June 1997

TABLE OF CONTENTS: Title I: Authorizations Title II: Personnel Management Title III: Financial and Property Management Title IV: Reports and Investigations Title V: Marine Safety and Environmental Protection Coast Guard Authorization Act for Fiscal Years 1998 and 1999 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; and (5) environmental compliance and restoration at Coast Guard facilities. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Personnel Management - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. (Sec. 202) Authorizes the Coast Guard Commandant to: (1) obtain research on personnel resource and training needs; and (2) employ special programs for recruiting minorities, including using grants, cooperative agreements, and contracts. Terminates those authorities on a specified date. Title III: Financial and Property Management - Authorizes the Commandant to rent or lease commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery. (Sec. 302) Authorizes the use of up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base (or to reimburse the Department of Defense for providing that assistance). (Sec. 303) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts. (Sec. 304) Authorizes honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations, including State and local governments and commercial and nonprofit organizations. Allows payment for plaques, medals, and similar items. Title IV: Reports and Investigations - Removes provisions requiring that reports be made public. (Sec. 402) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress. Title V: Marine Safety and Environmental Protection - Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. Amends the Act of June 15, 1917 (relating to foreign relations, neutrality, foreign commerce, espionage, and enforcement of criminal laws) to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. (Sec. 502) Amends Federal law relating to vessels and seamen to revise the bases for suspension or revocation of a license, certificate of registry, or merchant mariner's document.

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.

Housing 2020: Multifamily Management Reform Act

United States · United States Congress · 9 June 1997

TABLE OF CONTENTS: Title I: Multifamily Restructuring Subtitle A: Housing Provisions Subtitle B: Extension of Time for Payment of Tax Attributable to FHA Portfolio Restructuring Title II: Housing Enforcement Subtitle A: Single Family and Multifamily Housing Subtitle B: Multifamily Housing Subtitle C: FHA Single Family Housing Title III: Exemption of HUD and USDA Multifamily Loan Foreclosures and Related Actions from the Bankruptcy Stay Title IV: FHA Multifamily Housing Consolidation and Reform Subtitle A: FHA Multifamily Housing Subtitle B: Extensions of Existing Authority and Other Provisions Title V: Rehabilitation Grants Housing 2020: Multifamily Management Reform Act - Title I: Multifamily Restructuring - Housing Opportunity Act of 1997 - Subtitle A: Housing Provisions - Directs the Secretary (Secretary) of Housing and Urban Development (HUD) to carry out a program of multifamily housing debt restructuring and subsidy reduction that takes into account the goals of: (1) maintaining existing affordable and safe housing; (2) minimizing adverse effects on tenants and neighborhoods; (3) supporting fair housing strategies; and (4) encouraging ownership and property management. Authorizes the Secretary (or specified designee) to take the following actions to make qualifying multifamily projects financially viable at market rates: (1) pay mortgage claims; (2) remove or modify project restrictions; (3) purchase reinsurance or otherwise transfer insurance interests; (4) take actions to induce owner or lender participation; (5)restructure mortgages; and (6) make insurance payments. Authorizes the Secretary to provide for the renewal of section 8 contracts. Authorizes the Secretary to provide: (1) tenant-based assistance to certain assisted and very-low-income families affected by such restructuring; and (2) project-based assistance in areas with tight housing markets or with high concentrations of elderly or disabled families. Prohibits owner discrimination with respect to section 8 certificate or voucher holders. Directs the Secretary to facilitate the sale of multifamily projects to tenant and nonprofit organizations. (Sec. 111) Amends the Balanced Budget Downpayment Act, I to authorize renewal of expiring section 8 contracts in excess of certain fair market standards at specified rental levels. (Sec. 112) Provides for the reuse and rescission of recaptured budget authority resulting from project restructuring. Subtitle B: Extension of Time for Payment of Tax Attributable to FHA Multifamily Restructuring - Amends the Internal Revenue Code to authorize specified tax payment extensions on debt reduction or gain from a sale attributable to section 8 housing restructuring. Title II: Housing Enforcement - Housing Enforcement Act of 1997 - Directs the Secretary to issue implementing regulations. Subtitle A: Single Family and Multifamily Housing - Amends the National Housing Act (Act) to exempt the Mortgage Review Board from certain bankruptcy stay provisions. (Sec. 211) Authorizes the Board to immediately suspend a mortgage under specified conditions. (Sec. 212) Extends (and increases) equity skimming penalties to 1- to-4 family residences. (Sec. 213) Amends Federal criminal law to include equity skimming as a money laundering offense. (Sec. 214) Authorizes the Secretary to recover mortgage insurance claims against a person convicted of equity skimming. (Sec. 215) Expands the scope of penalties for mortgagees, lenders, and other Federal Housing Administration (FHA) program participants. Subtitle B: Multifamily Housing - Amends the Act to extend certain multifamily mortgagor civil penalties (and the scope of such penalties) to general partners of a partnership mortgagor, or officers or directors of corporate mortgagors. (Sec. 221) Establishes civil money penalties for specified section 8 violations by owners or other liable parties. (Sec. 222) Amends the Housing and Community Development Act of 1987 to extend the double damages remedy for recovery of assets to specified insured mortgage agreements under the Housing Act of 1959 and the Housing and Community Development Act of 1992. (Sec. 223) Amends the Social Security Act to eliminate the 1994 termination date for HUD access to certain State employment information. (Sec. 224) Authorizes the Secretary to prohibit renewal or extension of certain expiring section 8 contracts unless the owner agrees to comply with any additional HUD conditions. Subtitle C: FHA Single Family Housing - Amends the Act to terminate mortgagee origination approval authority. Title III: Exemption of HUD and USDA Multifamily Loan Foreclosures and Related Actions from the Bankruptcy Stay - Amends Federal law to exempt HUD or Department of Agriculture appointment of receivership or loan foreclosures and related actions from the bankruptcy stay. Title IV: FHA Multifamily Housing Consolidation and Reform - FHA Multifamily Housing Reform Act of 1997 - Subtitle A: FHA Multifamily Housing - Amends the Act to authorize the Secretary (or approved mortgagee) to insure first or second mortgages and engage in related credit enhancement for certain multifamily housing projects and health care facilities. (Sec. 404) Authorizes the Secretary to enter into risk-sharing agreements with qualified participating mortgage entities and housing finance agencies in order to provide projects and facilities with first mortgage loans. Sets forth provisions concerning: (1) mortgage insurance and reinsurance; (2) risk apportionment and risk-sharing alternatives; (3) reimbursement capacity; (4) underwriting standards; and (5) non-Federal participation. (Sec. 406) Sets forth provisions regarding: (1) premiums and fees; (2) contracts; (3) default and contract claims; (4) prepayment charges; (5)environmental review; (6) lead-based paint poisoning prevention; (7) subsidy layering; (8) labor standards; and (9) disclosure of records. Subtitle B: Extensions of Existing Authority and Other Provisions - Amends the Act to extend authorities for: (1) mortgage auctions; and (2) transfer of certain excess receipts to the flexible subsidy program. (Sec. 422) Authorizes the Secretary to regulate rents, sales, charges, and operations with respect to certain multifamily housing projects in order to provide reasonable rentals and a reasonable rate of return. (Sec. 423) Includes health care facilities within the partial payment of claims authority. (Sec. 424) Amends the Housing Act of 1959 and the Cranston-Gonzalez National Affordable Housing Act to provide environmental protection under the supportive housing for the elderly program and the supportive housing for persons with disabilities program. Sets forth program provisions. (Sec. 425) Amends the Housing and Community Development Amendments of 1978 to authorize the Secretary to assign regulatory agreements in connection with the sale of HUD mortgages. Title V: Rehabilitation Grants - Amends the Act to authorize the Secretary to make rehabilitation grants to owners of formerly insured or assisted qualifying projects.

COMMON POSITION (EC) No 27/97 adopted by the Council on 9 June 1997 with a view to adopting Directive 97/.../EC of the European Parliament and of the Council of ... on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment

European Union · Council of the European Union · 9 June 1997

Traunverordnung

Austria · National Council · 5 June 1997

Schriftliche Anfrage der Abgeordneten Rudolf Anschober und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Traunverordnung <i>(Verbauung der Traun durch weitere Wasserkraftwerke)</i>

Kunststoffgranulate (aus Alt-PVC) als "Reitbelag"

Austria · National Council · 5 June 1997

Schriftliche Anfrage der Abgeordneten Rudolf Anschober und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Kunststoffgranulate <i>(aus Alt-PVC)</i> als "Reitbelag"

Welpenimport aus Oststaaten

Austria · National Council · 5 June 1997

Schriftliche Anfrage der Abgeordneten Dr. Stefan Salzl und Genossen an die Bundesministerin für Frauenangelegenheiten und Verbraucherschutz betreffend Welpenimport aus Oststaaten

Umweltaffäre in Enns

Austria · National Council · 5 June 1997

Schriftliche Anfrage der Abgeordneten Rudolf Anschober und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Umweltaffäre in Enns

Food and Drug Administration Modernization Act of 1997

United States · United States Congress · 5 June 1997

TABLE OF CONTENTS: Title I: Improving Patient Access Title II: Increasing Access to Expertise and Resources Title III: Improving Collaboration and Communication Title IV: Improving Certainty and Clarity of Rules Title V: Improving Accountability Title VI: Increasing Resources by Setting Priorities Title VII: Fees Relating to Drugs Title VIII: Miscellaneous Food and Drug Administration Modernization and Accountability Act of 1997 - Title I: Improving Patient Access - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth a Food and Drug Administration (FDA) mission statement. (Sec. 102) Authorizes any person, through a licensed practitioner, to request, and any manufacturer or distributor to provide, an investigational drug, biological product, or device for the diagnosis, monitoring, or treatment of a serious condition (or any other condition designated by the Secretary of Health and Human Services) if specified requirements are met. (Sec. 103) Modifies effectiveness exception requirements for devices relating to conditions that affect fewer than 4,000 individuals in the United States. Title II: Increasing Access to Expertise and Resources - Mandates programs and policies that foster collaboration between the FDA, the National Institutes of Health, and other science-based Federal agencies. (Sec. 202) Declares the sense of the Senate Labor and Human Resources Committee concerning international regulatory harmonization regarding drugs, biological products, devices, foods, food additives, color additives, and good manufacturing practices. (Sec. 203) Authorizes a contract with any organization or individual with relevant expertise to review, evaluate, and make recommendations on part or all of any application or submission regarding approval of a biological product. Mandates use of that authority when such a contract will improve a review's timeliness or quality. (Sec. 204) Mandates accreditation of non-governmental entities to review and make recommendations regarding submissions under provisions relating to reports preceding the introduction of devices into interstate commerce. (Sec. 205) Authorizes recognition of all or part of a performance standard established by a nationally or internationally recognized standard development organization for which a person may submit a conformity declaration. Title III: Improving Collaboration and Communication - Directs the Secretary: (1) on request of a person intending to submit a premarket approval application, to meet with the person to determine the type of scientific evidence of effectiveness that will be necessary; and (2) to meet with a premarket approval applicant to discuss the application's review status and, prior to that meeting, to notify the applicant in writing of application deficiencies. Title IV: Improving Certainty and Clarity of Rules - Mandates (after evaluation of the Good Guidance Practices document published in the Federal Register) promulgation as a regulation of FDA policies and procedures for the development, issuance, and use of guidance documents. (Sec. 402) Allows a person who submits an application or submission to submit a request regarding: (1) classification of the article as a drug, biological product, or device; or (2) the FDA component that will regulate the article. (Sec. 403) Allows, six years after application approval, use by the Secretary of application information in approving devices, determining whether product development protocols have been completed, establishing a performance standard or special control, and classifying devices. (Sec. 404) Requires, in determining premarket approval and substantial equivalence, reliance on the proposed labeling's use conditions. (Sec. 405) Defines "day" for provisions relating to review of any application or submission. (Sec. 406) Sets review time limits regarding initial classification and premarket approval. (Sec. 407) Prohibits withholding initial classification because of a failure to comply with any FDCA provision unrelated to a substantial equivalence decision, including a failure to comply with good manufacturing practice requirements. (Sec. 408) Mandates a regulation specifying the general principles considered in determining whether a specific intended device use is not reasonably included in a general use of the device for purposes of a substantial equivalence determination. (Sec. 409) Declares that device effectiveness is to be determined by well-controlled investigations, including one or more clinical investigations (currently, including clinical investigations). Allows the Secretary, if the Secretary determines that only one investigation is required for new drug approval, to require supporting scientific evidence obtained prior to or after the investigation. (Sec. 410) Repeals provisions prohibiting using, on any drug or device label, any suggestion of approval under FDCA new drug, premarket approval, or investigational use exemption provisions. Title V: Improving Accountability - Directs the Secretary to publish: (1) a plan bringing the Secretary into compliance with each of the Secretary's obligations under the FDCA and other statutes; and (2) an annual report on the Secretary's performance under the plan. Title VI: Increasing Resources by Setting Priorities - Mandates modification of specified Federal Regulations regarding the procedures and conditions under which a device may be granted an exemption from certain FDCA requirements. Requires the regulation to permit developmental device changes without requiring additional application approval in specified circumstances. Directs the Secretary (for premarket approval) to accept and review information from investigations conducted under the authority of regulations required by investigational exemption provisions. Requires a supplemental application for a change that affects a device's safety or effectiveness, subject to exception. Regulates review of supplemental applications. (Sec. 602) Declares that no action by the Secretary under the FDCA shall be subject to an environmental assessment or impact statement or other environmental consideration, subject to exception. (Sec. 603) Mandates publication of a list of each type of class II device that does not require a report prior to introduction into interstate commerce. Exempts those types from the reporting requirement. Provides for petitioning for exemption of a type. (Sec. 604) Modifies requirements regarding: (1) reporting prior to introduction into interstate commerce; and (2) initial classification and reclassification of certain devices. (Sec. 606) Empowers any patient receiving a device subject to tracking to refuse to release (or refuse permission to release) identifying information for tracking purposes. Mandates publication of a list identifying each type of device subject to tracking. Deems any device not identified exempt from mandatory tracking. (Sec. 607) Modifies postmarket surveillance requirements. (Sec. 608) Removes: (1) references to distributors in provisions relating to recordkeeping and reporting; and (2) a requirement that each manufacturer, importer, and distributor submit an annual certification. (Sec. 609) Mandates approval of a new drug application based on information from a small facility. (Sec. 610) Sets forth requirements regarding radiopharmaceuticals designed for diagnosis and monitoring of diseases and conditions. (Sec. 611) Amends the Public Health Service Act to revise requirements regarding: (1) introducing biological products into interstate commerce, including related license approval and labeling requirements; and (2) inspection of biological product facilities. (Sec. 612) Amends the FDCA to allow approval of a supplement to an approved application for an additional use of a drug based on literature, clinical experience, or scientific evidence. (Sec. 613) Requires that a health care economic statement included in labeling or advertising provided to a formulary committee, managed care organization, or similar entity with responsibility for drug selection be competent and reliable. Makes any such statement subject solely to this section. (Sec. 614) Directs the Secretary to facilitate development and expedite approval of new drugs and biological products intended for serious conditions and that demonstrate the potential to address unmet medical needs for those conditions. Terms such products "fast track drugs." Sets forth designation requirements and procedures. (Sec. 615) Regulates changes in the manufacture of a new drug or biological product. (Sec. 616) Mandates guidance that describes when abbreviated study reports in lieu of full reports may be submitted with a new drug application for certain types of studies. (Sec. 617) Deems a food contact substance (a substance used as a component of materials used in manufacturing, packing, packaging, transporting, or holding food, but not intended to have any technical effect in the food) unsafe and the food adulterated unless: (1) there is (and the substance is in conformity with) a regulation prescribing the conditions under which the substance may be safely used; or (2) the manufacturer has notified the Secretary of the identity and intended use of the substance and the manufacturer's or supplier's determination that the substance is safe under a specified standard. (Sec. 618) Allows a health claim to be made regarding the relationship of a food to a disease or health-related condition if: (1) an authoritative scientific body of the U.S. Government with official responsibility for public health protection or research directly relating to human nutrition or the National Academy of Sciences has published statements, conclusions, or recommendations in effect recognizing that relationship; and (2) the manufacturer or distributor has notified the Secretary of the claim. (Sec. 619) Allows for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies. Mandates development, publication, and annual updating of a list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population. Title VII: Fees Relating to Drugs - Prescription Drug Users Fee Reauthorization Act of 1997 - Amends provisions concerning fees relating to drugs to revise and add various definitions. (Sec. 704) Makes the fee (currently, 50 percent of the fee) for human drug applications or supplements due on submission. Mandates a refund of 75 (currently, 50) percent if the application or supplement is refused for filing. Exempts from the fee: (1) an application for a drug for a rare condition (orphan drug) or a supplement proposing a new indication for a rare condition; and (2) certain applications or supplements including an indication for use in pediatric populations. Allows fee refund if an application or supplement is withdrawn. Modifies requirements regarding: (1) the annual prescription drug establishment fee; (2) the prescription drug product fee; (3) fee amounts; (4) fee adjustments; (5) fee waiver or reduction; (6) assessment of fees; and (7) crediting and availability of fees (including authorizing appropriations). (Sec. 707) Terminates, on a specified date, the effectiveness of the amendments made by this title. Title VIII: Miscellaneous - Requires (currently, allows) a foreign establishment that manufactures, processes, etc., a drug or device to register with the Secretary. Authorizes cooperative agreements with foreign countries to ensure that means are available to determine whether drugs or devices from such an establishment shall be refused admission to the United States on the grounds specified in existing provisions. (Sec. 802) Replaces the requirement that prescription-only drugs bear the label phrase "Caution: Federal law prohibits dispensing without prescription" with a minimum requirement of a label designation "Rx only." Removes provisions requiring that certain substances be labeled "Warning--May be habit forming." (Sec. 803) Requires that any person seeking to export an imported article under provisions relating to the disposition of goods after a decree of condemnation establish that the article was intended for export at the time the article entered commerce. (Sec. 804) Authorizes, directly or through grants, contracts, or cooperative agreements, the conduct and support of research training in regulatory scientific programs by predoctoral and postdoctoral scientists and physicians, including the use of fellowships. Authorizes the support of fellowships through a Cooperative Research and Development Agreement. (Sec. 805) Deems a device that is, or purports to be, subject to a performance standard or special control: (1) adulterated unless it conforms to the standard or special control; or (2) misbranded unless it bears labeling as prescribed in the standard or special control. (Sec. 806) Empowers the Secretary to require the submission of samples and component samples of a device: (1) in connection with a recall; and (2) if the device may have caused or contributed to a serious injury. (Sec. 807) Modifies the FDCA definition of "interstate commerce" to include any article or class of articles that directly or indirectly affects interstate commerce. Provides for the condemnation of any adulterated or misbranded device, food, drug, or cosmetic (currently, any adulterated or misbranded device). Presumes the existence of a connection with interstate commerce in any action to enforce FDCA requirements regarding a device, food, drug, or cosmetic (currently, regarding a device).

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.