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151 records in US in 1997
United States · United States Congress · 4 November 1997
Amends the Internal Revenue Code to permit the exclusion from gross income of damages received due to emotional distress.
United States · United States Congress · 4 November 1997
Amends the Internal Revenue Code to provide for a reduction in the noncorporate capital gains tax rate.
United States · United States Congress · 3 November 1997
Expresses the sense of the Senate that: (1) any unified budget surpluses that might arise in the current expansion should be used to reduce the Federal debt; and (2) during this economic expansion, there should be no net tax cut or new spending that is not offset by reductions in spending on other programs or tax increases.
United States · United States Congress · 31 October 1997
Employment Discrimination Award Tax Relief Act - Amends the Internal Revenue Code, with respect to expenses incurred and amounts received in connection with employment discrimination claims, to, among other things: (1) provide for the deduction of expenses incurred in pursuing such a claim; and (2) limit the tax based on income averaging for back pay received from pursuing such a claim.
United States · United States Congress · 31 October 1997
Amends the Internal Revenue Code to set forth special rules for the granting of incentive stock options to individuals who are not highly compensated employees.
United States · United States Congress · 30 October 1997
Strengthening Social Security Act of 1997 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require covered employers to have a plan for withholding certain contributions from the wages of their eligible employees for investment according to the individual employee's personal investment plan. Defines personal investment plan as: (1) any personal investment retirement plan restricted to certain contribution deposits in the Personal Investment Fund, established in the Treasury by this Act; or (2) any individual retirement plan restricted to certain contribution deposits and administered or issued by a bank. Requires the Personal Investment Fund to be governed by a Personal Investment Fund Board under a system similar to the Thrift Savings Program for Federal employees. Covers self-employed individuals. Applies this Act only to employees who have not attained age 55. Specifies reduced social security tax rates for plan participants. Sets forth civil penalties for employers who fail to establish a personal investment payroll deduction plan or observe certain requirements with respect to it. Provides for the adjustment of the primary insurance amount for plan participants. Provides for specified graduated increases in normal and early retirement ages. Directs the Bureau of Labor Statistics to reduce by .5 percentage point the annual percentage change in the Consumer Price Indexes used with respect to the OASDI cost of living adjustment calculations.
United States · United States Congress · 30 October 1997
Family Dependent Care Affordability Act of 1997 - Amends the Internal Revenue Code to increase the dependent care credit and make it refundable.
United States · United States Congress · 29 October 1997
Amends the Land and Water Conservation Fund Act of 1965 to allow the Secretary of the Interior, in any fiscal year, to withhold from the special Treasury account established for a Federal agency 100 percent of the fees and charges (such as recreational use fees) collected by such agency in connection with any National Park System (NPS) unit at which entrance or admission fees cannot be collected by reason of deed restrictions. Requires such amounts to be retained for expenditure by the Secretary, without further appropriation, for such NPS unit.
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Imposition of Increased Taxes on Tobacco Products Title II: PHAER Trust Fund Title III: Federal Standards with Respect to Tobacco Products Title IV: Sense of the Senate Public Health and Education Research (PHAER) Act - Title I: Imposition of Increased Taxes on Tobacco Products - Increases the excise tax rate on tobacco products. Title II: PHAER Trust Fund - Establishes in the U.S. Treasury the PHAER Trust Fund into which shall be deposited amounts equivalent to the revenue increase in the Treasury attributable to the increased excise taxes of this Act. Requires 75 percent of the amounts in the Fund to be distributed, as specified, for the following State programs: (1) tobacco education, prevention, cessation, and treatment; (2) the Children's Health Insurance Program; (3) the Special Supplemental Food Program for Women, Infants, and Children, or the Maternal and Child Health Services Block Grant program, or both; (4) the American Stop Smoking Intervention Study for Cancer prevention; and (5) general health care block grants. Requires the remaining 25 percent to be distributed, as specified, for the following Federal programs: (1) tobacco control and prevention; (2) protecting the financial well-being of tobacco farming families and communities; (3) the National Institutes of Health; (4) the Centers for Disease Control and Prevention. Title III: Federal Standards with Respect to Tobacco Products - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to repeal provisions which limit health-related statements on cigarette and smokeless tobacco products and advertisements. Title IV: Sense of the Senate - Expresses the sense of the Senate that any final comprehensive tobacco legislation funded by the PHAER Trust Fund must include, among other things: (1) stiff penalties for advertising that targets children; (2) authority for the Food and Drug Administration to treat tobacco like any other drug; (3) elimination of secondhand tobacco smoke; (4) ingredient disclosure and more prominent health warnings on all tobacco products; and (5) a prohibition on the use of Federal Government resources to weaken nondiscriminatory public health laws or promote tobacco sales abroad.
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title II: Health Care Provisions Subtitle A: Health Care Services Subtitle B: Tricare Program Subtitle C: Uniformed Services Treatment Facilities Subtitle D: Other Changes to Existing Laws Regarding Health Care Management Subtitle E: Other Matters Subtitle F: Persian Gulf Illness Title III: Military Construction, Army Title IV: Military Construction, Navy Title V: Military Construction, Air Force Title VI: Military Construction, Defense Agencies Title VII: North Atlantic Treaty Organization Security Investment Program Title VIII: Guard and Reserve Forces Facilities Title IX: Expiration and Extension of Certain Authorizations Title X: General Military Construction Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Real Property and Facilities Administration Subtitle C: Defense Base Closure and Realignment Subtitle D: Land Conveyances Subtitle E: Other Matters Title XI: Sikes Act Improvement Title I: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. (Sec. 102) Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary of Defense (Secretary) to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on a specified conditional date. (Sec. 103) Consolidates and revises generally Federal provisions concerning the basic allowance for quarters (BAQ), the variable housing allowance, and overseas housing allowances (which include a family separation housing allowance). (Sec. 104) Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 105) Prohibits the total pay and allowances of a member from being reduced when such member is assigned either to field duty at a home station or to temporary duty away from the member's permanent duty station. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 114) Increases the monthly hazardous duty incentive pay and the aviation career incentive pay, the latter effective as of January 1, 1999. (Sec. 116) Increases the aviation officer retention bonus and authorizes bonus agreements to extend for a third year. (Currently, only one or two-year agreements are permitted.) (Sec. 117) Authorizes the payment of an annual retention bonus for certain dental officers who execute a written agreement to remain on active duty for two, three, or four years after completion of their active-duty service commitment. Authorizes the Secretary concerned to extend such bonus authority to other dental officers not immediately qualifying for such bonus. (Sec. 118) Increases the variable and additional special pays for dental officers with specified years of creditable service. (Sec. 119) Authorizes the payment of special pay for members on duty at a location designated by the Secretary as a hardship duty location. (Sec. 121) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 122) Provides eligibility for the Selected Reserve reenlistment bonus to an enlisted member of a reserve component who has completed less than 14 (currently, ten) years of total military service. Increases bonus amounts. Provides similar eligibility and amount revisions with respect to former enlisted personnel who become members of the Selected Reserve after completion of their enlisted service. (Sec. 123) Extends to Coast Guard personnel eligibility for payment of a bonus when entering into a reserve affiliation agreement to serve in the reserves upon completion of an active-duty tour. (Sec. 124) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 125) Authorizes the Secretary of the military department concerned (Secretary concerned) to pay either a monthly special pay or an annual bonus for enlisted personnel with designated specialties who agree to extend their tours of duty at designated overseas locations. Requires pro rata repayment of an unearned bonus, with a waiver authorized. Prohibits the concurrent receipt by such personnel of the annual bonus and rest and recuperative absence or transportation. (Sec. 126) Increases from $75 to $100 the monthly family separation allowance. (Sec. 127) Allows for payment of the muster duty allowance within 30 days after such duty is performed. (Currently, such payment is required on or before the date of such duty.) Subtitle C: Travel and Transportation Allowances - Removes certain restrictions on the payment of travel and transportation allowances to dependents of members who receive certain court-martial sentences. (Sec. 132) Changes the authorized amount of the military dislocation allowance from two months of the BAQ to a rate based on the member's pay and dependency status. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 142) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 143) Directs the Secretary to review and report to the defense committees on the current Federal protections and benefits afforded to: (1) current and former military personnel and Federal employees; and (2) former spouses of such personnel and employees. (Sec. 144) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. (Sec. 145) Amends the National Defense Authorization Act, Fiscal Year 1989 to authorize the Secretary of Veterans Affairs to consolidate into a single payment certain annuities currently paid by the Secretary of Defense to the survivors of military retirees. Subtitle E: Other Matters - Authorizes the Secretary concerned to repay loans used to finance the education of commissioned officers who are qualified in the health professions. Requires the officer to serve an additional period of active duty in return for such repayment. Limits the repayment amount to $22,000 for each additional year that the officer agrees to extend his or her duty. (Sec. 152) Amends the Coast and Geodetic Survey Commissioned Officers' Act of 1948 to bring the separation pay provisions of commissioned officers of the National Oceanic and Atmospheric Administration into conformity with separation pay authorized for members of the armed forces. (Sec. 153) Makes members of the Public Health Service and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. (Sec. 154) Authorizes the Secretary concerned to pay to World War II veterans who served as guerilla fighters in the Philippines an amount representing the quarters and subsistence allowance which accrued during the period of service between January 1942 and February 1945. (Sec. 155) Directs the Secretary to study and report on military personnel and their families who subsist at, near, or below the poverty level. Directs the Secretary of Agriculture to make available to the Secretary the same payments and commodities for military personnel outside the United States as are made for the special supplemental food program in the United States under the Child Nutrition Act of 1996. Requires an implementation report. Title II: Health Care Provisions - Subtitle A: Health Care Services - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under its military retiree dental insurance plan the surviving spouse and child dependents of military personnel who die while on active duty of 30 days or more and whose dependents are no longer eligible for dental benefits under the regular dental insurance plan. (Sec. 202) Authorizes the provision of prosthetic devices necessary due to significant conditions resulting from trauma, congenital anomalies, or disease. (Sec. 203) Directs the Secretary to conduct a study on the provision to TRICARE beneficiaries of comparative information on the medical assistance provided by a managed care entity. Subtitle B: Tricare Program - Directs the Secretary to prepare and submit a plan for the expansion of the managed care option of the TRICARE Program known as TRICARE Prime into areas outside of the catchment areas of military medical treatment facilities in which such option is a cost-effective alternative. Subtitle C: Uniformed Services Treatment Facilities - Amends the National Defense Authorization Act for Fiscal Year 1997 to authorize the Secretary to modify the effective date of the implementation of military health care designated provider agreements to permit a transition period of not more than six months between the date of agreement execution and the date on which the designated provider commences delivery of health care services. Provides for the temporary continuation during such period of existing health care participation agreements. (Sec. 222) Requires a designated provider to be considered part of the Department of Defense (DOD) for purposes of the continued acquisition of reduced-cost drugs for enrollees under the agreement. (Sec. 223) Directs the Secretary, in establishing the ceiling rate for designated provider enrollees who are also eligible for CHAMPUS services, to take into account the health status of such enrollees. Subtitle D: Other Changes to Existing Law Regarding Health Care Management - Makes active-duty personnel assigned to certain remote duty locations eligible for health care under CHAMPUS. Directs the Secretary to waive any deductible, copayment, or annual CHAMPUS fee with respect to such personnel. (Sec. 232) Authorizes the Secretary to waive or reduce the overseas dental plan copayments required of military dependents who accompany members overseas. (Sec. 233) Directs the Secretary to: (1) establish procedures for the collection of the member's share of premiums under the Selected Reserve dental insurance plan and the retiree dental insurance plan; (2) allow such members to pay such premiums through payroll deduction; and (3) submit an implementation program with respect to both plans. Extends through April 1, 1998, the deadline for implementation of the dental insurance plan for military retirees. (Sec. 234) Makes the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating as a service of the Navy) (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 235) Revises CHAMPUS provisions to conform health care provider reimbursement rates with such rates under title XVIII (Medicare) of the Social Security Act. (Sec. 236) Authorizes the Secretaries of Defense and Transportation to enter into personal services contracts to carry out certain health care responsibilities at locations outside of military medical treatment facilities. Includes the actions of service contract personnel under provisions concerning the defense of lawsuits arising out of medical malpractice. Requires a report from the Secretary on alternative means for performing medical screening examinations routinely performed at military entrance processing stations. (Sec. 237) Authorizes any health-care professional holding a current medical, dental, or other health care license to practice within a DOD health care facility, a civilian facility affiliated with DOD, or any other location authorized by the Secretary. (Sec. 238) Requires the Secretary to prescribe a standard form for the admission of claims for the payment of health care services provided under CHAMPUS. (Sec. 239) Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 the chiropractic health care demonstration program. Requires such program to be expanded to at least three other military health care facilities, including the National Naval Medical Center and the Walter Reed Army Medical Center. Directs the Secretary to: (1) report to the defense committees on the additional facilities participating in the program; and (2) modify the program to evaluate its effectiveness at all of the facilities. Subtitle E: Other Matters - Authorizes the Secretary of the Army to enter into an agreement with an accredited institution of higher education under which students may attend the physician assistant training program conducted by the Army Medical Department at the Academy of Health Sciences at Fort Sam Houston, Texas, in return for the institution's agreeing to perform Academy support services. (Sec. 242) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 243) Authorizes the Secretary of the Air Force, after 90 days' notice to the defense and appropriations committees, to enter into an agreement with Gerald Champion Hospital, Alamagordo, New Mexico, for the provision of health care services to eligible individuals in a medical resource facility in Alamagordo that is constructed, in part, using funds provided by the Secretary under the agreement. Provides funding for such agreement from Air Force operation and maintenance (O&M) funds. Directs the Secretary to review the proposed agreement and provide comments to the Congress before the agreement may take effect. (Sec. 244) Directs the Secretary to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 245) Requires, by October 1, 1998, the competitive procurement outside DOD of all ophthalmic services related to the provision of eyeware for certain current and former military personnel and their beneficiaries, with an exception. (Sec. 246) Directs the Comptroller General (CG) to conduct studies evaluating: (1) the adequacy of the maximum allowable charges for physicians under CHAMPUS and the effect of such charges on physician participation in CHAMPUS; (2) DOD pharmacy programs; and (3) the validity of recommendations made by the Navy's Medical Education Policy Council regarding restructuring the Navy's graduate medical education program (prohibits any restructuring until a required report is submitted). (Sec. 249) Directs the Secretary to report on expanding the eligibility for participation in a demonstration project for the purchase of prescription pharmaceuticals by mail to include additional Medicare-eligible CHAMPUS beneficiaries. (Sec. 250) Directs the CG to study and report to the Congress and the Secretary on current requirements for military medical facilities in the National Capital Region. (Sec. 251) Directs the Secretary to report to the defense committees on the effectiveness of DOD policies and programs promoting healthy lifestyles among military personnel and their dependents. (Sec. 252) Expresses the sense of the Congress that the Congress and the President should address the problems associated with the provision of quality health care to military retirees. Subtitle F: Persian Gulf Illness - Directs the Secretaries of Defense and Veterans Affairs to jointly prepare and submit a plan to provide appropriate health care to Persian Gulf veterans (and their dependents) who suffer from a Gulf War illness. (Sec. 263) Directs the CG to submit a study evaluating revised DOD criteria used by physical evaluation boards to set disability ratings for military personnel who are no longer medically qualified for active duty so as to ensure the accuracy of such ratings with respect to the diagnosis of a Persian Gulf illness. (Sec. 264) Entitles to medical care to the same extent as a member on active duty a member of the reserves who is: (1) a Persian Gulf War veteran with a qualifying symptom or illness; and (2) not otherwise entitled to medical and dental care under either CHAMPUS or veterans' medical care. (Sec. 265) Directs the Secretary to establish a medical tracking system for military personnel deployed outside the United States as part of a contingency or combat operation. (Sec. 266) Directs the Secretary to provide affected members with specified information with regard to the receipt of an investigational new drug, including new drug notification and information concerning possible side effects. (Sec. 267) Directs the Secretary to submit a plan for tracking members and units serving in a theater of operations during a contingency or combat operation. (Sec. 268) Expresses the sense of the Congress that the Secretary should ensure that U.S. military units involved in a contingency or combat operation include specialized units to detect and monitor the presence of chemical, biological, and similar hazards. (Sec. 269) Directs the Secretary to report on the effectiveness of medical research initiatives regarding Persian Gulf War illnesses. (Sec. 270) Directs the Secretaries of Defense and Veterans Affairs to establish a program of cooperative clinical trials at multiple sites to address the effectiveness of protocols for treating Persian Gulf War veterans who suffer from ill-defined or undiagnosed conditions. (Sec. 271) Expresses the sense of the Congress that all promising technologies and treatments relating to Persian Gulf War illnesses should be fully explored and tested to facilitate treatment to such veterans who are stricken with unexplainable illness. Title III: Military Construction, Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 305) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title IV: Military Construction, Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 405) Amends the Military Construction Authorization Act for Fiscal Year 1997 to: (1) authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act; and (2) increase the amount authorized for a project at Naval Station Roosevelt Roads, Puerto Rico. Title V: Military Construction, Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 505) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title VI: Military Construction, Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 604) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 605) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 607) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act, for a project at McClellan Air Force Base, California. (Sec. 608) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. Title VII: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title VIII: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 802) Increases the amounts authorized under a prior military construction authorization Act for projects at the Army National Guard, Hilo, Hawaii, and the Naval and Marine Corps Reserve, New Orleans, Louisiana. (Sec. 803) Directs the Secretary of the Army, with regard to a military construction project at Camp Williams, Utah, to enter into an agreement under which the State of Utah agrees to provide financial or in-kind contributions toward project land acquisition, site preparation, and relocation costs. Title IX: Expiration and Extension of Certain Authorizations - Terminates all authorizations contained in titles III through VIII of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. (Sec. 906) Extends the availability of funds appropriated under a prior defense appropriations Act for construction of over-the-horizon radar at the Naval Station Roosevelt Roads, Puerto Rico. Title X: General Military Construction Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Requires the Secretary concerned to provide congressional notification when carrying out unspecified minor construction projects even though the project will use funds made available to enhance the deployment and mobility of military forces and supplies. (Sec. 1002) Requires congressional notification by the Secretary concerned when using O&M funds to carry out a repair project with an estimated cost in excess of $10 million. (Sec. 1003) Authorizes the Secretary of the Army to lease up to eight family housing units in the Miami, Florida area for key and essential personnel of the United States Southern Command for which unit rental expenditures exceed normal authorized amounts. (Sec. 1004) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. (Sec. 1005) Requires congressional notification with respect to the use of DOD housing funds for investments in nongovernmental entities. Subtitle B: Real Property and Facilities Administration - Increases from $200,000 to $500,000 the minor land acquisition threshold. (Sec. 1012) Authorizes the Secretary of a military department to convey to a municipal, private, regional, district, or cooperative utility company or other entity part or all of a utility system under its jurisdiction. Requires 21-day prior congressional notification. (Sec. 1013) Authorizes the Secretary concerned to accept amounts provided by a person or entity to cover administrative expenses incurred in entering into real property transactions. (Sec. 1014) Prohibits the Secretary concerned from conveying any real property unless the Administrator of General Services has screened the property for further Federal use under the Federal Property and Administrative Services Act of 1949. Requires notification to the Secretary concerned of screening results. Provides excepted conveyances. (Sec. 1015) Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. (Sec. 1016) Directs the Secretary of the Army to report to the defense and appropriations committees a plan to address the requirements for fire protection and hazardous materials protection services at Fort Meade, Maryland. Subtitle C: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to direct the head of the Federal agency acquiring non-federal property as a new or replacement Federal facility to consult with the Secretary concerning the feasibility and cost advantages of using Federal property or facilities at a closed military installation in lieu of such an acquisition. Requires the concurrence of the redevelopment authority for the area concerned. (Sec. 1022) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. (Sec. 1023) Authorizes the Secretary of the Army to enter into an agreement with the local redevelopment authority for the Red River Army Depot, Texas, under which the Secretary shall provide security, fire protection, or hazardous material response services on property under the jurisdiction of such authority after realignment under the base closure laws. (Sec. 1024) Directs the Secretary to prepare and submit to the defense and appropriations committees a report on costs and savings attributable to prior base closure rounds and on the need for additional base closure rounds. Requires the Congressional Budget Office and the CG to review such report. Prohibits the use of any funds for the closure or realignment of military installations until such report and reviews are completed. Expresses the sense of the Senate that the Secretary should develop a system for determining actual costs and savings associated with base closures and apply such system to the 1995 base closure round. (Sec. 1025) Expresses the sense of the Senate that the savings derived from the base closure process should be utilized by DOD solely for the modernization of new weapon systems. (Sec. 1026) Prohibits the Secretary of the Navy, in disposing of real property in connection with the closure of Naval Station, Long Beach, California, from conveying any portion of such property to the China Ocean Shipping Company or any of its successors or subsidiaries. Provides a reversionary interest to the United States if such a transfer occurs. Requires the Secretary and the Director of the Federal Bureau of Investigation to separately submit to the President and the defense and appropriations committees a report on the national security implications of such a conveyance. Provides presidential waiver authority with respect to the prohibition. Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) Hale County, Alabama, specified real property at the Army Reserve Center, Greensboro; (2) Big Five Community Services Incorporated, an Oklahoma nonprofit corporation, the James T. Coker Army Reserve Center in Durant; (3) the Lawndale Business and Local Development Corporation in Illinois the Gibson Army Reserve Center, Chicago; (4) Caroline County, Virginia, specified real property at Fort A.P. Hill; (5) Wrightstown, New Jersey, and the New Hanover Board of Education specified portions of real property at Fort Dix; (6) Spring Lake and Harnett County, North Carolina, specified portions of real property at Fort Bragg; and (7) Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 1038) Amends the National Defense Authorization Act for Fiscal Year 1996 to authorize the Secretary of the Army to convey to Indiana an additional parcel of real property at the Indiana Army Ammunition Plant. (Sec. 1039) Modifies prior land conveyances with respect to: (1) Lompoc, California; (2) the Rocky Mountain Arsenal, Colorado; and (3) the Army Reserve Center, Andersen, South Carolina. Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) the Maine School Administrative District No. 75, Topsham, a parcel of the Topsham Annex, Naval Air Station in Brunswick; and (2) Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay. (Sec. 1053) Amends the Military Construction Authorization Act for Fiscal Year 1997 to change from the State of Mississippi to Lauderdale County, Mississippi, the lessee designation with respect to a lease of the Naval Air Station in Meridian. Part III: Air Force Conveyances - Transfers administrative jurisdiction over specified real property at Eglin Air Force Base, Florida, from the Secretary of Transportation to the Secretary of the Air Force. Revokes a contrary executive order. (Sec. 1062) Authorizes the Secretary of the Air Force to convey to: (1) Air Force Village West, Incorporated, in Riverside, California, specified real property at March Air Force Base; (2) the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property at Ellsworth Air Force Base; (3) Onondaga County, New York, specified real property at Hancock Field, Syracuse; (4) the Bear Paw Development Corporation, Havre, Montana, the Havre Air Force Station and the Havre Training Site; and (5) Bangor, Maine, the Charleston Family Housing Complex in Bangor. (Sec. 1067) Amends the National Defense Authorization Act for Fiscal Year 1996 to direct the Secretary of the Air Force to report on Air Force land exchange options in the vicinity of Shaw Air Force Base, South Carolina. Subtitle E: Other Matters - Authorizes the Secretary of the Navy to terminate or reduce the operations of the Naval Academy Dairy Farm in Gambrills, Maryland. Authorizes such Secretary to lease the dairy farm property, as long as the rural and agricultural nature of the property is maintained. (Sec. 1072) Authorizes the Secretary of the Navy to acquire by long-term lease structures and real property relating to a regional hospital complex in Naples, Italy, that are suitable for the Naples Improvement Initiative. (Sec. 1073) Designates specified military family housing developments at Lackland Air Force Base, Texas, in honor of Frank Tejeda, a late Member of the House of Representatives. (Sec. 1074) Directs the Secretary, in at least one U.S. metropolitan area containing multiple military installations, to provide for the installation of fiber-optics based telecommunications technology to link as many of such installations as possible. Title XI: Sikes Act Improvement - Sikes Act Improvement Act of 1997 - Amends an Act of September 15, 1960, commonly known as the Sikes Act, to officially designate such Act as the Sikes Act. Directs (current law authorizes) the Secretary to carry out a program for the conservation and rehabilitation of natural resources on military installations. Requires the Secretary of each military department to prepare and implement an integrated natural resources management plan (plan) for each military installation under his or her jurisdiction. Authorizes such Secretaries to provide for: (1) the conservation and rehabilitation of natural resources on such installations and the sustainable multipurpose use of such resources; and (2) public access to such installations to facilitate their use. Directs each Secretary to: (1) review military installations under his or her jurisdiction for which the preparation of a plan is appropriate; (2) submit such determinations to the Secretary; and (3) implement such plans within three years thereafter. Requires the Secretary to report such reviews to the Congress. Provides an opportunity for public comment on such plans. (Sec. 1106) Allows wildlife conservation fees collected at military installations which are subsequently closed to be transferred to another military installation and used for the same purpose. (Sec. 1107) Requires annual reviews and reports by the Secretaries of Defense and the Interior with respect to the implementation of such plans. (Sec. 1108) Authorizes multiyear cooperative agreements for plan implementation. (Sec. 1109) Provides for the enforcement on military installations of all Federal laws relating to natural resources conservation on Federal lands. (Sec. 1110) Requires the Secretary of each military department to ensure that sufficient numbers of trained natural resource management and law enforcement personnel are available and assigned to perform necessary tasks for plan compliance. (Sec. 1114) Extends through FY 2003 the authorization of appropriations for natural resources conservation programs on military installations, as well as equivalent programs on other public lands.
United States · United States Congress · 29 October 1997
Health Professional Shortage Area Nursing Relief Act of 1997 - Amends Immigration and Nationality Act to establish a nonimmigrant classification for (nonimmigrant) nurses in health professional shortage areas. Sets forth admissions requirements, including a maximum five-year stay. Limits fiscal year entrants and the number of such entrants permitted to work in any one State. Requires the Secretary of Labor to compile a public list of facilities petitioning for the admission of each such nurse.
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Contributions to Personal Retirement Accounts Title II: Personal Retirement Accounts Title III: Certification of Financial Institutions Other Than Insured Depository Institutions Title IV: Personal Retirement Account Insurance Title V: Enforcement Authority Title VI: Transition from Coverage for Old-Age and Survivors Insurance Benefits Under Title II of the Social Security Act Title VII: Provisions Relating to Federal Civilian and Military Personnel Title VIII: Social Security Transition Commission Personal Retirement Accounts Act of 1997 - Title I: Contributions to Personal Retirement Accounts - Requires employers to: (1) have personal retirement account payroll deduction programs in effect for their eligible employees; and (2) deduct and pay into such accounts the prescribed employee contribution, together with a prescribed employer contribution. Authorizes eligible individuals to elect to establish a personal retirement account. Requires self-employed individuals to establish and pay into such accounts. Establishes penalties for employers and self-employed individuals who fail to establish and make required deductions and contributions to such accounts. Requires the Securities and Exchange Commission (SEC) to impose such penalties in a civil action. Title II: Personal Retirement Accounts - Prescribes general requirements for personal retirement accounts, as well as investment, distribution, and insurance requirements. Provides for tax deductible contributions by an eligible individual to a nonworking spousal retirement account. (Sec. 205) Exempts personal retirement accounts from income tax, except the tax on unrelated business income of charitable, etc. organizations. Requires inclusion in the gross income of the account holder for the taxable year of any amount paid or distributed out of such an account, except: (1) amounts used to acquire minimum or more generous immediate annuities; and (2) transfers incident to a divorce. (Sec. 207) Subjects trustees of personal retirement accounts to penalties (for prohibited transactions) for failure to meet investment or distribution requirements. (Sec. 208) Requires the relevant Federal agency to notify the SEC of: (1) the identity of each insured depository institution or credit union; and (2) any termination of such status. Directs the trustee of a personal retirement account to make certain reports regarding such account to the SEC and to the account holder with respect to contributions (and the years to which they relate), distributions, and other matters the SEC may require. (Sec. 210) Directs the SEC to study and report to the President and the Congress on the best means of providing for options under which distributions from a personal retirement account established under this Act may commence in advance of the date on which the account holder attains retirement age. Title III: Certification of Financial Institutions Other Than Insured Depository Institutions - Allows any financial institution to apply to the SEC for certification. (Sec. 302) Authorizes the SEC to require any certified financial institution to file certain reports, including information on the total amount of all liability of the institution for balances maintained in personal retirement accounts for which such institution serves as trustee. (Sec. 303) Provides for voluntary and involuntary revocation of certification status, including judicial review of involuntary revocations. Title IV: Personal Retirement Account Insurance - Requires the SEC, in any case in which it declares an insurable event with respect to a qualified financial institution serving as trustee of a personal retirement account, to guarantee the timely distribution of the balance in such account (but not in excess of the minimum annuity amount) to the account holder in accordance with the terms governing such account and the provisions of this Act. (Sec. 401) Defines as an insurable event with respect to a qualified financial institution serving as trustee of a personal retirement account: (1) termination of the institution's qualified status; (2) the inability of the institution to make full distributions of the balance in the account when due; and (3) termination of the account. Requires the SEC to guarantee a minimum distribution from the account as of the normal retirement date in the amount of the minimum annuity amount, notwithstanding that the balance in the account as of such date is less than the minimum annuity amount, if certain conditions apply. Requires the SEC also to provide for a range of alternative guarantee arrangements providing for timely distribution of all, or a larger portion, of the balance in the personal retirement account to the account holder, which may be elected by the account holder upon payment to the SEC of supplemental premiums. Allows for the substitution of private insurance providing for a guarantee of timely distributions at the election of the account holder which is at least equivalent to the guarantee provided for by this title. Entitles an account holder, in certain cases, to a supplemental minimum benefit payment to their account upon application to the SEC on or after the normal retirement date. (Sec. 402) Directs the SEC to: (1) establish a risk-based assessment system for any qualified financial institution serving as trustee of a personal retirement account; (2) set semiannual assessments for such institutions to achieve and maintain the designated reserve ratio; and (3) notify each qualified financial institution of that institution's semiannual assessment. Sets forth a special rule until the Social Security Savings Insurance Trust Fund established by this title achieves the designated reserve ratio, as well as a special rule for recapitalizing the Trust Fund if it becomes undercapitalized. Provides that, in addition to the other assessments on qualified financial institutions, the SEC may impose one or more special assessments on qualified financial institutions if the amount of any such assessment is necessary: (1) to provide sufficient assessment income to repay amounts borrowed from the Secretary of the Treasury which become due; or (2) for any other purpose the Commission may deem necessary. Requires each qualified financial institution to: (1) file with the SEC a certified statement containing such information as the Commission may require for determining the institution's semiannual assessment; and (2) pay to the Commission the semiannual assessment imposed. Establishes penalties for inaccurate certified statements and for late payments. (Sec. 403) Establishes in the Treasury the Social Security Savings Insurance Trust Fund, made up of various specified funds, assessments, penalties, earnings, attorney's fees, and receipts. Makes the Trust Fund available for: (1) making guaranteed payments; (2) purchasing the assets of a financial institution which ceases to be qualified; (3) repaying borrowed sums to the Secretary of the Treasury; (4) paying the SEC's operational and administrative expenses; and (5) paying account holders the amounts guaranteed with respect to any personal retirement account. Provides for the investment of trust fund assets. Authorizes the SEC to borrow from the Secretary of the Treasury. (Sec. 404) Authorizes the SEC to institute proceedings to terminate a personal retirement account whenever it determines that: (1) the SEC's possible long-run loss with respect to the account may reasonably be expected to increase unreasonably if the account is not terminated; or (2) an insurable event has occurred. Provides for appointment of an alternative trustee pending issuance of a termination decree. (Sec. 405) Makes each person who is the financial institution serving as trustee of the account on the termination date or a member of the financial institution's controlled group jointly and severally liable to the SEC in any case in which a personal retirement account is terminated in a SEC-instituted proceeding. Sets such liability as the total amount of account assets guaranteed by the SEC which are not available for payment. Provides for payment of the liability. (Sec. 406) Requires each qualified financial institution, while serving as trustee for a personal retirement account subject to SEC guarantee, to display at each place of business maintained by such institution a sign with specified declarations relating to such accounts. Title V: Enforcement Authority - Provides for a personal retirement account holder adversely affected by an act or practice of any party other than the SEC in violation of this Act to bring an action in U.S. district court to enjoin such act or practice, or obtain other appropriate equitable relief. Grants the relevant Federal agency, the SEC, and the Social Security Commission the right to intervene in any such action. Title VI: Transition from Coverage for Old-Age and Survivors Insurance Benefits Under Title II of the Social Security Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to provide for primary insurance amounts for transitional eligible individuals under this Act who elect to participate in the personal retirement account payroll deduction programs of their employer. (Sec. 602) Requires the Commissioner of Social Security to provide a written certification to each individual with a social security account number who has been credited with wages or net earnings from self-employment indicating whether such recipient is or is not an eligible individual, together with a description of OASDI benefits available. (Sec. 603) Amends the Internal Revenue Code to provide for a reduction in Federal Insurance Contributions Act and Self-Employment Contributions Act of 1954 taxes for wages and self-employment income imposed on an individual who has elected to forego OASDI benefits in favor of a personal retirement account. (Sec. 604) Amends SSA title II to: (1) add a supplemental retirement benefit program for certain individuals with personal retirement accounts; (2) provide for a phased-in increase in the social security retirement age; and (3) place a limitation on cost-of-living adjustments (COLAs), with a reduction in COLA increases applied to higher primary insurance amounts. (Sec. 607) Provides for modification of the Consumer Price Index calculation of such COLAs. (Sec. 608) Amends SSA title II to provide for: (1) a phased-in reduction in spousal benefits other than survivors' benefits to 33 percent of the primary insurance amount; (2) coverage of newly hired State and local employees; and (3) adjustments in the formula for determining primary insurance amounts. (Sec. 611) Amends Federal law to require submission to the Congress along with the Federal budget of a statement of the current accrued liability of the Federal Government for future benefit payments under the OASDI program. Title VII: Provisions Relating to Federal Civilian and Military Personnel - Directs the Office of Personnel Management to study and report to the President and the Congress: (1) on how to provide for the application of this Act with respect to Federal civilian and military personnel; and (2) draft legislation which, if enacted, would carry out any recommendations in the report. (Sec. 702) Requires such report and draft legislation to address specified aspects of the existing Civil Service and Federal Employees' Retirement Systems for such Federal personnel. (Sec. 703) Specifies matters in the new system for the report and draft legislation to address with respect to the implementation of any other title of this Act. Title VIII: Social Security Transition Commission - Establishes the Social Security Transition Commission to make findings and recommendations about the most appropriate actions which should be taken to minimize, and adequately fund, any increases in budget outlays resulting from implementation of this Act. Requires all recommended reductions in obligational authority to be done in a manner that makes them permanent. (Sec. 805) Sets forth procedures (including expedited procedures) for congressional consideration of such recommendations. (Sec. 807) Authorizes appropriations.
United States · United States Congress · 29 October 1997
TABLE OF CONTENTS: Title I: Imposition of Increased Taxes on Tobacco Products Title II: PHAER Trust Fund Title III: Federal Standards with Respect to Tobacco Products Title IV: Sense of the House of Representatives Public Health and Education Research (PHAER) Act - Title I: Imposition of Increased Taxes on Tobacco Products - Increases the excise tax rate on tobacco products. Title II: PHAER Trust Fund - Establishes in the U.S. Treasury the PHAER Trust Fund into which shall be deposited amounts equivalent to the revenue increase in the Treasury attributable to the increased excise taxes of this Act. Requires 75 percent of the amounts in the Fund to be distributed, as specified, for the following State programs: (1) tobacco education, prevention, cessation, and treatment; (2) the Children's Health Insurance Program; (3) the Special Supplemental Food Program for Women, Infants, and Children, or the Maternal and Child Health Services Block Grant program, or both; (4) the American Stop Smoking Intervention Study for Cancer prevention; and (5) general health care block grants. Requires the remaining 25 percent to be distributed, as specified, for the following Federal programs: (1) tobacco control and prevention; (2) protecting the financial well-being of tobacco farming families and communities; (3) the National Institutes of Health; (4) the Centers for Disease Control and Prevention. Title III: Federal Standards with Respect to Tobacco Products - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to repeal provisions which limit health-related statements on cigarette and smokeless tobacco products and advertisements. Title IV: Sense of the House of Representatives - Expresses the sense of the House of Representatives that any final comprehensive tobacco legislation funded by the PHAER Trust Fund must include, among other things: (1) stiff penalties for advertising that targets children; (2) authority for the Food and Drug Administration to treat tobacco like any other drug; (3) elimination of secondhand tobacco smoke; (4) ingredient disclosure and more prominent health warnings on all tobacco products; and (5) a prohibition on the use of Federal Government resources to weaken nondiscriminatory public health laws or promote tobacco sales abroad.
United States · United States Congress · 29 October 1997
Amends the Internal Revenue Code to provide that a nonprofit organization be treated as controlled by a for-profit organization for purposes of denying eligibility for the low-income housing tax credit if the nonprofit: (1) guarantees to the for-profit any form of economic or financial benefit; (2) guarantees to the for-profit a return of capital contributions; or (3) can be removed as a partner by a for-profit organization for reasons other than fraud or gross negligence.
United States · United States Congress · 28 October 1997
Technology Administration Authorization Act for Fiscal Years 1998 and 1999 - Authorizes appropriations to the Department of Commerce for the: (1) Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology; (2) construction and maintenance of Institute facilities; (3) activities of Under Secretary for Technology, the Office of Technology Policy, and the Office of Air and Space Commercialization; and (4) industrial technology services activities of the Institute. (Sec. 6) Amends the National Institute of Standards and Technology Act respecting the Advanced Technology Program (ATP) to, among other things: (1) require each applicant for a contract or award to certify that the applicant has made an effort to secure private market funding for the research project involved; (2) permit a large business to participate in a research project that is the subject of a contract or award only as a member of a joint venture that includes one or more small businesses as members; and (3) authorize the Secretary of Commerce to vest title to tangible personal property in any recipient of financial assistance under specified conditions. (Sec. 7) Amends the National Institute of Standards and Technology Act to revise requirements for the extension of Federal financial assistance to Regional Centers for the Transfer of Manufacturing Technology under the Manufacturing Extension Partnership Program. (Sec. 8) Amends the Stevenson-Wydler Technology Innovation Act of 1980 respecting the Malcolm Baldrige National Quality Award to expand the list of categories for awards. (Sec. 9) Prohibits funds authorized by this Act or any other Act enacted before the date of enactment of this Act from being used for the Next Generation Internet, with the exception of funds that may be used for the continuation of the programs and activities related to Next Generation Internet that were funded and carried out during FY 1997. (Sec. 11) Expresses the sense of the Congress on the Year 2000 problem. (Sec. 12) Expresses the sense of the Congress that the Director should donate educationally useful Federal equipment to schools to enhance the science and mathematic programs of those schools. Mandates annual reports to the President. (Sec. 13) Amends the National Institute of Standards and Technology Act to establish within the Institute a teacher science and technology enhancement program to provide for the professional development of mathematics and science school teachers. (Sec. 14) Requires a joint study by the National Academy of Science and the National Academy of Engineering to review the effectiveness of the ATP. (Sec. 15) Establishes within the Department an Office of Air and Space Commercialization to be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department. (Sec. 16) Establishes the Experimental Program to Stimulate Competitive Technology (EPSCoT) to strengthen the technological competitiveness of States that have historically received less Federal research and development funds than those received by a majority of the States. Directs the Secretary, acting through the Under Secretary, to: (1) enter into arrangements for the coordination of EPSCoT through the State committees established under the Experimental Program to Stimulate Competitive Research (EPSCoR) of the National Science Foundation; and (2) cooperate with any State science and technology council established under EPSCoR and representatives of small business firms and other technology-based businesses. Requires: (1) a specified report; and (2) an evaluation of the EPSCoT program.
United States · United States Congress · 28 October 1997
General Services Administration Improvement Act of 1997 - Amends the Public Buildings Act of 1959 to require that the prospectus for the design or construction of a U.S. courthouse include: (1) information concerning courtroom utilization in the existing and proposed courthouse and anticipated facilities sharing in the proposed courthouse; and (2) an analysis of whether the project conforms to the United States Court Design Guide. Directs the Administrator of General Services to transmit the Guide to the Congress annually, with a report on the effects of any Guide revisions on courthouse construction costs and other appropriate information. Defines "exchange" for purposes of provisions concerning the acquisition of public buildings and sites as an exchange for future rights or benefits, including rights or benefits relating to real property development. Provides for the deposit into the Federal Buildings Fund of all proceeds received from the sale of interests in real property controlled by the Administrator and from the leasing to private entities of space in public buildings located on such real property. Makes moneys deposited into such fund available only for expenditure for repair and alteration activities and construction and acquisition of facilities activities in such amounts as are specified in annual appropriations Acts without regard to fiscal year limitations.
United States · United States Congress · 28 October 1997
TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability and Allocation Title III: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title IV: Natural Resource Damages Title V: State Role Title VI: General Provisions Superfund Cleanup Acceleration and Liability Equity Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise provisions regarding general rules for remedy selection. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Permits land use assumptions restricting future use to be used in evaluating remedial alternatives only to the extent that institutional controls meeting specified criteria have been or will be adopted in the final remedy. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (3) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires the President, where a final remedy relies on stabilization, containment, or engineering controls to limit exposure, institutional controls, or other measures, to include requirements for regular monitoring or oversight of the effectiveness and protectiveness of the remedy. Provides certain procedures for the remediation of hot spots. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Requires response actions to return usable groundwater to beneficial uses, wherever practicable, within a time frame that is reasonable given the particular circumstances of the site. Sets forth additional objectives for response actions with respect to remedy selection for groundwater. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely manner. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of a removal or remedial action. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 103) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective, informative, and understandable assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; and (3) be based on the best, relevant, and current scientific and technical information. (Sec. 104) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 105) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 107) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after October 28, 1997. Requires the Environmental Protection Agency (EPA) to maintain a process to update remedies for which design, construction, or operation and maintenance activities are ongoing as of this Act's enactment date in order to bring past decisions into line with the current state of knowledge with respect to remediation science, technology and engineering, best available facility data, and the most recent EPA policy and guidance. Title II: Liability and Allocation - Revises liability provisions to provide exemptions from liability, for response costs incurred after October 28, 1997, for activity prior to such date, for certain small businesses, persons arranging for disposal, treatment, or transport of only municipal solid waste or sewage sludge who are businesses with fewer than 100 employees, and de micromis parties other than owners or operators who do not impede the performance of a response action or natural resource restoration at an NPL facility. Absolves of liability: (1) owners or operators who are bona fide prospective purchasers of an NPL facility or persons who inherited such a facility; or (2) Federal or State governmental entities or municipalities whose liability is based solely on ownership of a right-of-way or public transportation route over which hazardous substances are transported or on the granting of a license to conduct business. Exempts from liability U.S. Government actions taken in response to a natural disaster. Limits liability with respect to: (1) response costs incurred after October 28, 1997, for activity prior to such date by certain non-owners or operators who arranged for the disposal, treatment, or transport of only municipal solid waste or sewage sludge; (2) codisposal landfills proposed for listing on the NPL before such date that are owned or operated by municipalities and not subject to criteria for solid waste landfills under the Solid Waste Disposal Act; and (3) response costs incurred after such date by certain owners or operators who are tax-exempt organizations. Exempts certain contiguous property owners from liability. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of being a bona fide prospective purchaser described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the first such purchaser is not liable or has resolved liability; or (2) where an audit or inquiry gives the purchaser no reason to know of the release of hazardous substances. Makes amendments pertaining to liability exemptions and limitations inapplicable to actions brought for costs incurred before October 28, 1997. (Sec. 202) Adds to the list of parties eligible for expedited final settlements certain small businesses or parties whose contribution of hazardous substances was small. (Sec. 203) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Provides for mandatory (at NPL facilities at which response costs are incurred after October 28, 1997) and requested allocations. Places a moratorium on litigation asserting claims for, or seeking recovery of, response costs in connection with actions for which allocations are required or initiated until 90 days after issuance of the allocator's report. Stays pending actions or claims, until such prescribed period, unless the court determines that a stay will result in manifest injustice. Sets forth requirements concerning the allocation process, including those for the notification of potentially responsible parties (PRPs) and determinations regarding de minimis parties. Authorizes the allocation parties to select a neutral allocator from a list provided by the EPA Administrator (Administrator) or from candidates proposed by the parties. Permits PRPs, prior to the issuance of the allocator's report, to submit a private allocation to the allocator. Requires the allocator to adopt such allocation as the report if it meets specified conditions. Directs the allocator to conduct an allocation process culminating in the issuance of a report with a nonbinding, equitable allocation of the percentage shares of responsibility, including the orphan share, within 180 days of the issuance of the final list of parties or the date of the contract for allocation service, whichever is later. Sets forth components of orphan shares. Requires shares that the allocator cannot attribute to any party to be distributed among parties, including the orphan share. Prescribes civil and criminal penalties for failures to comply with the allocator's request for information or for making knowingly false statements. Authorizes the Administrator and the Attorney General to reject the allocator's report under certain conditions. Includes within settlements based on allocated shares: (1) a waiver of contribution rights against all PRPs for the response costs as well as a waiver of rights to challenge any settlement the President enters into with any other PRP; (2) covenants not to sue; (3) a site-specific premium that compensates for the U.S. litigation risk with respect to PRPs who have not resolved liability (unless the settlement covers 100 percent of response costs); (4) contribution protection regarding matters addressed in the settlement; and (5) provisions through which the settling parties shall receive reimbursement from the Hazardous Substance Superfund (Superfund) for response costs incurred in excess of the aggregate of their allocated share and any premia required by the settlement. Lists maximum amounts for premia authorized for litigation risk. Permits the Administrator to modify such amounts. Provides for reimbursements of premia under certain conditions. Sets forth conditions under which a party that performs work in excess of its allocated share may be reimbursed. Authorizes the United States to commence actions against liable persons who have not resolved liability following allocation. Sets forth provisions regarding funding of orphan shares. Makes Federal agencies identified as PRPs subject to the allocation process to the same extent as any other party. Declares that the procedures set forth in this section shall not be construed to modify the principles of retroactive, strict, joint, and several liability. Provides that persons who are potentially liable solely as response action contractors shall not be named as allocation parties under this section. (Sec. 204) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard. (Sec. 205) Provides that response action contractors shall not be liable solely as a result of testing or implementation of alternative or innovative treatment or containment technologies with respect to a response action if use of the technology has been approved by the authorized Federal or State regulatory agency. Title III: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of hazardous substances at a facility listed or proposed for listing on the NPL or at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit (covered facility)). Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 303) Directs the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 305) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 306) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and to identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. (Sec. 307) Authorizes grants from Superfund to be made to nonprofit organizations for the training and education of workers engaged in activities related to hazardous waste removal or containment or emergency response. Allocates 20 percent of such grants for training of minority and other community-based workers engaged in such activities. Raises the maximum amount allowed for such grants for FY 1999 through 2003. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the Administrator of the Agency for Toxic Substances and Disease Registry (ATSDR) to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 314) Authorizes the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 315) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title. Title IV: Natural Resource Damages - Removes natural resource liability provisions. Requires sums recovered for such damages by the U.S. Government, a State, or an Indian tribe to be used only for reasonable restoration measures for such resources. (Sec. 402) Sets forth requirements for the designation of a lead trustee in cases where more than one Federal, State, or tribal trustee has cause to conduct a natural resource damage assessment. (Sec. 403) Requires Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 404) Makes the amendments made by this title inapplicable to actions to recover such damages that were filed before October 28, 1997. (Sec. 405) Limits the measure of natural resource damages to the reasonable costs of: (1) assessing such damages; (2) restoring such resources; and (3) the lost-use of such resources occurring after December 11, 1980. Bars recovery for any impairment of nonuse values as a separate compensable damage. Prohibits contingent valuation methodology and other economic polling techniques from being used to value lost natural resource services or particular restoration alternatives. (Sec. 406) Sets forth goals of natural resource restoration. (Sec. 407) Bars double recovery by a Federal, State, or tribal trustee under any Act for natural resource damages. (Sec. 408) Permits recovery of natural resource damages by a trustee only if the damage assessment demonstrates that the hazardous substance release was a cause of any alleged natural resource injuries that deviate from the baseline condition. Title V: State Role - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) response actions at non-federally owned or operated NPL facilities or removal actions at any facility proposed for listing on the NPL. Sets forth requirements for State enforcement and allocation of liability. (Sec. 502) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. Title VI: General Provisions - Provides that the approval of a State Governor is not necessary before the President lists a facility on the NPL.
United States · United States Congress · 24 October 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce Title III: Establishment of United States Trade Administration Subtitle A: General Provisions Subtitle B: United States Trade Administration Title IV: Establishment of the Office of Patents, Trademarks, and Standards Subtitle A: Establishment Subtitle B: Administrative Provisions Subtitle C: Conforming Amendments Title V: Statistical Consolidation Subtitle A: General Provisions Subtitle B: Establishment of the Federal Statistical Service Subtitle C: Transfers of Functions and Offices Subtitle D: Administrative Provisions Subtitle E: Miscellaneous Title VI: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1998. (Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the 3-year period beginning on the date of enactment. (Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel. (Sec. 106) Provides for the submission of specified reports. (Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act; and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act. (Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act. (Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agency-wide priority placement programs for Federal employees affected by a reduction in force attributable to this Act. (Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1997; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1997. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1997. (Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology (NIST) as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of the NTIS as a wholly owned Government Corporation if an arrangement for privatization of the functions of the NTIS has not been made. (Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act. (Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers the: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to the NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA. (Sec. 205) Terminates specified miscellaneous NOAA research programs. Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA. Prohibits: (1) funding for the NOAA Administration Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2000: (1) the Office of the NOAA Administration of Corps of Operations or its successor; and (2) the Commissioned Personnel Center. Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet. Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990. (Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for NOAA, and all functions and offices transferred to the new NOAA to be administered under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of the NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer. (Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration. Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions. Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the U.S. in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3. Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (WTO) (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials). Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy. Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation. (Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration. (Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA. Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses. Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above. Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions. Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1998; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1998. Title IV: Establishment of the Office of Patents, Trademarks, and Standard s - Subtitle A: Establishment - Establishes the Office of Patents, Trademarks, and Standards in the executive branch as an independent establishment to be administered by a Director. Transfers to the Director of the Office of Patents, Trademarks, and Standards all functions of, and all functions performed under the direction of, certain Department officials. Transfers to the Office the Patent and Trademark Office and NIST. Subtitle B: Administrative Provisions - Sets forth provisions related to the administrative functions of the Director. Subtitle C: Conforming Amendments - Makes conforming amendments relating to the Office and the Commissioner of Patents and Trademarks. Title V: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population. Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics. (Sec. 513) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics. Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices. Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator. Subtitle E: Miscellaneous Provisions - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service. Title VI: Miscellaneous - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.
United States · United States Congress · 24 October 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 24 October 1997
Taxpayer Protection Act of 1997 - Amends the Omnibus Taxpayer Bill of Rights to revise provisions concerning the evaluation of Internal Revenue Service (IRS) employees to prohibit the IRS from using records of tax examination or enforcement results (currently, records of tax enforcement results) to: (1) evaluate any IRS employee (currently, evaluate employees directly involved in collection activities and their immediate supervisors); or (2) impose or suggest production quotas or goals.
United States · United States Congress · 23 October 1997
Title I: Remedy Selection and Environmental Standards Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Title III: Liability Reform Title IV: Brownfields Revitalization Title V: State Role Title VI: Natural Resources Damages Title VII: Oil Pollution Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Acceleration, Fairness, and Efficiency Act - Title I: Remedy Selection and Environmental Standards - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Authorizes remedial actions to achieve protection of human health and the environment through: (1) treatment that reduces the toxicity, mobility, or volume of hazardous substances, pollutants, or contaminants; (2) natural attenuation; (3) containment or other controls to limit exposure or release; (4) removal of contaminated media; (5) a combination of treatment, containment, and removal; or (6) other methods of protection. (Current law requires that actions in which treatment which permanently and significantly reduces the volume, toxicity, or mobility of such substances is a principal element are to be preferred over actions not involving such treatment.) Requires the President to give preference to remedies that include a treatment component for discrete areas within a facility that contain: (1) high concentrations of highly toxic substances that present such a threat to human health or the environment that it would be imprudent to rely solely on remedies that exclude such component; or (2) high concentrations of such substances that cannot be controlled reliably through engineered barriers and therefore could present such threats if not treated. Directs the President, in any case in which a selected action allows hazardous substances to remain on-site at a facility above concentration levels that would be protective for unrestricted use, to: (1) include, as an integral component of the remedy, restrictions on the use of land, water or other resources to provide long-term health and environmental protection; (2) not determine the remedy to be complete until a mechanism is established to ensure ongoing monitoring and operation and maintenance of the remedy and until necessary institutional controls are implemented and subject to monitoring and enforcement; and (3) ensure that such controls remain in effect as long as necessary to protect human health and the environment. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures except in extraordinary circumstances. Establishes public notice requirements with respect to the selection of remedies at facilities relying on such controls. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decision as an integral component of the remedy at facilities that are, or have been, on the National Priorities List (NPL). Requires the Administrator of the Environmental Protection Agency (EPA) to report annually to specified congressional committees on each record of decision signed during the previous fiscal year, the type of institutional controls and media affected, and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 104) Revises requirements for the degree of cleanup. Requires the President, in determining what is protective of human health and the environment, to conduct site-specific human health and ecological risk assessments. Bases human exposure assessments on the reasonably anticipated uses of land and water. Bases determinations of what is protective of plants and animals on the significance of impacts from a release or threatened release of hazardous substances to a local ecosystem and plant and animal communities or populations. Requires selected remedies to take into account reasonably anticipated beneficial uses of: (1) land at a facility and, as appropriate, of nearby property; and (2) groundwater that are or may be impacted by releases or threatened releases and the timing of such uses. Sets forth assumptions to be made by the Administrator regarding such uses. Requires remedial actions with respect to hazardous substances that will remain onsite to comply with requirements applicable to the operation of such actions and that will attain at least any promulgated concentration levels applicable to determining the level of cleanup for actions under: (1) a Federal environmental or facility siting law legally applicable to the substance concerned; or (2) a legally applicable State law that is identified by the State to the President as applicable at the facility to the proposed remedial alternative, that is of general applicability, and that is consistently applied to response actions in the State. Requires final remedies, to the extent technically practicable, to prevent impairment of any designated use of surface water under the Federal Water Pollution Control Act and to ensure that uncontaminated groundwater is protected from contamination unless: (1) the remedial action includes natural attenuation to facilitate restoration of groundwater to beneficial use within a reasonable period of time; (2) an alternative concentration limit has been adopted; or (3) the groundwater has no beneficial use. Requires final remedies to prevent or eliminate, at a minimum, human ingestion or exposure to drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternative water supply. (Sec. 105) Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. (Sec. 106) Authorizes the President, to expedite and increase the efficiency of the remedy selection process, to establish generic remedies where such remedies are demonstrated to be effective in protecting human health and the environment. Permits such remedies to provide for consideration of site-specific factors along with generic approaches for particular categories of sites. Waives the requirement for a site-specific risk assessment (other than a baseline) in cases where generic remedies are applied. Permits the Administrator to issue waivers of generic remedies if information submitted by the interested party demonstrates that a generic remedy is inappropriate or that another alternative can protect human health and the environment through less costly means. (Sec. 107) Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a remedial action and the national contingency plan. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Sets forth provisions regarding the President's authority to assign easements to other parties. (Sec. 108) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about a problem's potential health and environmental risk. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. (Sec. 109) Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Authorizes the President to establish a different threshold for remedy review for U.S.-owned or operated facilities. Provides for public notice of such reviews. (Sec. 110) Directs the President to review past Superfund records of decision, upon request of an interested party within 12 months of this Act's enactment date, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Title II: Community Participation and Human Health - Subtitle A: Community Participation - Requires the President to take specified actions to provide for meaningful public participation in every significant phase of a response action at a facility listed or proposed for listing on the NPL (covered facilities). Permits Community Advisory Groups, affected Indian tribes and communities, local government officials, and State and local health officials to propose remedial alternatives to the President. (Sec. 203) Requires the President to make records relating to response actions at covered facilities available to the public throughout all phases of an action. Sets forth minimum requirements for documents made available to the public which describe risk to human health. (Sec. 204) Authorizes a State with an NPL site to establish a Superfund Site Information Office. Requires the Administrator to provide financial and other assistance to States for establishment and operation of such Offices. Directs the Administrator to establish such Offices within EPA for States that fail to do so. (Sec. 205) Revises provisions regarding grants for technical assistance to authorize the Administrator to make such grants to Community Advisory Groups or affected communities with respect to: (1) covered facilities; (2) facilities at which the Administrator is undertaking a response action anticipated to exceed one year; or (3) facilities at which a specified funding limit is anticipated to be reached. (Sec. 207) Sets forth specific notice and comment requirements to provide for public participation in removal actions. (Sec. 208) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) 25 individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is fewer, petition for a Group to be established. Authorizes such Groups to offer recommendations on the anticipated future use of land at a facility prior to the selection of a remedy. Authorizes the President to provide technical and administrative support for such Groups. (Sec. 209) Directs the Administrator to submit to the Congress and Superfund Site Information Offices a community study that includes an analysis of: (1) the duration of time between the discovery and listing of a facility; (2) the timing and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL; and (5) the risk presented by each such facility. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. Subtitle B: Human Health - Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 223) Requires the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 224) Requires the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title III: Liability Reform - Revises limits on obligations from the Hazardous Substance Superfund (Superfund) to continue response actions. Bars the President from taking or requiring response actions at any facility after $4 million has been expended or two years have elapsed from the date of initial response unless the facility is on or proposed to be on the NPL or: (1) continued response actions are required to prevent or mitigate an emergency; (2) there is immediate risk to public health or welfare or the environment; and (3) such assistance will not be otherwise provided on a timely basis. Revises confidentiality requirements with respect to information regarding response actions and applies such requirements to contractors. (Sec. 302) Bars the President from issuing orders in connection with abatement actions to protect public health and the environment against any person who would not be liable for damages and costs described under general liability provisions. (Sec. 304) Absolves of liability for response costs and damages certain owners or operators and contiguous property owners, including persons who inherited the property concerned or received it by charitable donation and government entities that acquired property involuntarily or through eminent domain, if such persons: (1) did not cause or contribute to the hazardous substance release that caused the incurrence of response costs; and (2) exercised due care with respect to such substance. Exempts from liability construction contractors whose liability is based solely on construction contract activities and who did not know of the presence of hazardous substances and exercised due care upon discovery of such substances. Grants the United States a lien for unrecovered response costs on a facility for which the owner is not liable by reason of meeting the conditions described above. Prescribes conditions for such liens. Bars liens with respect to property: (1) for which the property owner preceding the current owner is not liable or has resolved liability; or (2) where an environmental assessment gave the owner or operator no reason to know of the release of hazardous substances. (Sec. 305) Absolves certain small businesses and de minimis parties of liability with respect to actions taken before October 23, 1997. Removes such exemption if the de minimis materials contribute significantly to response costs or to natural resource damages. Directs the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office to provide assistance and information regarding CERCLA and the allocation and settlement processes. (Sec. 306) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 307) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. (Sec. 308) Requires consent decrees pursuant to settlements to require the parties to attempt expeditiously to resolve disagreements concerning implementation of the remedial action informally with Federal and State agencies. Requires such decrees to provide authority for the Federal district court with jurisdiction to resolve disagreements. Authorizes the Administrator, if a PRP will be paying amounts to the President as part of a settlement for carrying out a response action, to accept ownership of a financial instrument running irrevocably to the benefit of the United States to conduct such response actions. Revises provisions regarding mixed funding to require the President to reimburse parties from Superfund where settlements or administrative orders require them to perform response actions at NPL sites where the costs will exceed the aggregate equitable shares of costs. Provides special conditions for funding with respect to settlements entered into, or orders issued, before October 23, 1997. Authorizes the President to delay reimbursements in fiscal years in which funds are unavailable. Requires (current law authorizes) the President to offer PRPs (currently, any person) who enter into settlement agreements that are in the public interest a final covenant not to sue concerning liability to the United States for response actions or costs, provided that: (1) the settling party agrees to perform a final remedial action for the release that is the subject of the settlement; (2) the agreement has been reached prior to the commencement of litigation against the settling party; (3) the settling party waives all contribution rights against other PRPs at the facility; (4) the settling party pays a premium that compensates for the risks of remedy failure, future liability, and unanticipated increases in the cost of any uncompleted action (unless the party is performing the action); (5) the remedial action does not rely on institutional controls to ensure continued health and environmental protection; and (6) the settlement is otherwise acceptable to the United States. Authorizes the President, for settlements for which covenants are unavailable, to provide any person with a covenant not to sue concerning any liability to the United States if the covenant not to sue is in the public interest. Makes PRPs who are natural persons, small businesses, or municipalities with a demonstrated limited ability to pay response costs eligible for expedited settlements. (Sec. 309) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material or who transported such material from liability for environmental response actions with respect to NPL facilities. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Deems transactions involving used oil to be arranging for recycling if the person involved demonstrates that: (1) the recyclable material was sent to a facility that recycled used oil by using it as a feedstock for the manufacture of a new saleable product; (2) the material was not mixed with hazardous waste regardless of when generated; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations; (5) he or she was in compliance with standards for the management of used oil under the Solid Waste Disposal Act; and (6) the transaction was not for the purpose of recycling used oil by using it for dust suppression. Makes the exemptions from liability inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration (in the case of materials other than used oil) or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained: (1) polychlorinated biphenyls in excess of the threshold for regulation under the Toxic Substances Control Act; or (2) a concentration of a solid waste determined by the Administrator to be inherently waste-like (including certain hazardous wastes and sludges) pursuant to specified Federal regulations. (Sec. 310) Requires the President, upon request of two or more PRPs at an NPL facility or vessel, to initiate an allocation for a response action at such facility or vessel if: (1) the action is not the subject of a consent decree entered, or an administrative order issued, before October 23, 1997; and (2) the aggregate costs of all actions at such facility or vessel are estimated to exceed $5 million. Provides for allocations, upon request of such parties, for actions that are undergoing construction pursuant to such decrees or orders if provided for under Section 311 of this Act. Makes the allocation process inapplicable to any U.S.-owned or operated facility or vessel and any facility or vessel for which there is only one PRP or for which there has been a final settlement, decree, or order that determines the allocated shares of all PRPs. Sets forth requirements for the President in initiating the allocation process. Authorizes the Administrator or the Attorney General, as representatives of Superfund, and any State that may be responsible for costs, to participate in allocation proceedings. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President has initiated allocations until 150 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Sets forth requirements for the selection of a neutral, third party allocator by PRPs or the President. Describes the allocator's authorities. Authorizes the allocator, based on collected information, to amend the list of PRPs to add, delete, or change the status of such parties. Permits allocation parties to submit the names of additional PRPs to the allocator. Sets forth procedures for the allocation of response costs to PRPs and Superfund by the allocator. Divides unattributable shares pro rata among the allocation parties and Superfund. Requires the allocator to issue an allocation report identifying the share of response costs attributable to each party, individually and by category, and to Superfund. Permits private allocations submitted by allocation parties to be adopted as the allocation report under certain conditions. Sets forth: (1) confidentiality requirements with respect to documents submitted to the allocator; (2) conditions under which the Administrator and Attorney General may reject the allocator's report; and (3) requirements for accepting settlements based on allocations. Authorizes the United States to commence an action against any allocation party that has not resolved its liability to the United States following an allocation. (Sec. 311) Sets forth conditions under which parties responsible for carrying out response actions pursuant to consent decrees entered, or administrative orders issued, before October 23, 1997, shall be entitled to mixed funding. Title IV: Brownfields Revitalization - Directs the President to establish a program to provide grants to eligible States or political subdivisions, including Indian tribes, for: (1) inventory and assessment of brownfield facilities; and (2) capitalization of revolving loan funds for remedial actions at such facilities. Defines a "brownfield facility" as real property with respect to which expansion or redevelopment is complicated by the presence or potential presence of a hazardous substance. Makes Superfund monies available for such grants. (Sec. 402) Authorizes the Administrator to provide technical and other assistance to States to establish and expand State voluntary cleanup programs. Makes limited amounts available from Superfund for FY 1998 through 2002 for such assistance. (Sec. 403) Bars the President or any person (other than a State), with respect to a facility that is not listed or proposed for listing on the NPL at which there is a release or threatened release of a hazardous substance, from taking an administrative or judicial enforcement action or bringing a civil action if a voluntary response action is being conducted under an approved State plan or the action has been certified as complete by a State. Makes exceptions to this prohibition if the State requests the President to take action or in certain cases of emergency, risk, or migration of contamination across State lines. Title V: State Role - Authorizes the Administrator to delegate authority to States to take specified actions at NPL facilities, including actions relating to response, liability, settlements, allocations, Federal facilities, remedy selections, and community participation. Sets forth administrative provisions and restrictions on such authority. Authorizes States to request delisting of NPL facilities for which responsibility has been transferred. Permits the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States to which authorities have been delegated. (Sec. 502) Allows the Administrator to authorize States to implement a State hazardous substance response program in lieu of the response action authorities of this Act at any NPL facility. Sets forth administrative provisions and restrictions on such authority. Permits States to delist a facility from the NPL if no further action to address the contamination is necessary to protect health and the environment or cleanup is proceeding under the Solid Waste Disposal Act. Authorizes the Administrator to withdraw State authority under certain conditions. Sets forth conditions under which the President may take actions in States implementing State response programs. (Sec. 503) Requires the Administrator to provide grants to, or enter into contracts with, States to which authorities have been delegated. Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and the costs of operation and maintenance. (Sec. 506) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. Authorizes the President to add a facility without a Governor's concurrence 12 months following the request for concurrence if the Governor has not taken a response action to address the release or threatened release at the facility and the facility presents sufficient risks under the Hazard Ranking System to be listed as a national priority. Provides for deferrals to listing if long-term remedial action will be conducted under other Federal authorities or if remedial action that will provide long-term health and environmental protection is underway under a State response program. (Sec. 507) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. (Sec. 508) Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. Title VI: Natural Resources Damages - Revises provisions regarding liability for natural resources damages to include the governments of foreign countries whose natural resources are damaged in the list of parties to which a charged party may be liable. (Sec. 604) Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes and foreign governments. (Sec. 606) Limits the measure of damages to a natural resource to: (1) reasonable costs of restoration; (2) the loss of use by the public of the resource prior to restoration, except that any loss before December 11, 1980 (CERCLA's enactment date), shall not be recoverable; and (3) costs of reasonable assessment of damages to the resource. Bars recovery for psychological damages. (Sec. 607) Sets forth requirements for damage assessments by Federal, State, Indian tribe, and foreign trustees. (Sec. 608) Requires all assessments to be adjudicated in a de novo trial in a Federal district court. Provides for public participation in the damage assessment process. Limits admissibility of relevant evidence that is not made public. (Sec. 610) Permits sums recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 611) Precludes trustees who receive compensation for natural resources damages or claims pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for natural resources damages where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 613) Requires a foreign claimant, in order to recover such damages, to demonstrate that: (1) he or she has not been otherwise compensated for such damages; and (2) recovery is authorized by an agreement between the United States and the claimant's country or the Secretary of State has certified that such country provides a comparable remedy for U.S. claimants. Permits foreign claims for damages resulting from a release or threatened release in or on the territorial sea, internal waters, or adjacent shoreline of a foreign country only if the release is from: (1) an Outer Continental Shelf facility or a deepwater port; (2) a vessel in the navigable waters; or (3) a vessel carrying a hazardous substance as cargo between two places in the United States. (Sec. 614) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title VII: Oil Pollution - Amends the Oil Pollution Act of 1990 to make amendments conforming to those made to CERCLA in Title VI of this Act with respect to natural resources damages, recovery, and liability. Title VIII: Miscellaneous - Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding public participation and remedy selection. Deems references to State facilities under CERCLA to mean facilities on Federal Indian reservations as well. Requires the President to conduct a study of, and report to the Congress on, the health impacts on Indian tribes of pollutants, contaminants, and hazardous substances released from facilities listed on or proposed for listing on the NPL. (Sec. 803) Amends the Superfund Amendments and Reauthorization Act of 1986 to require certain grants for the training and education of workers engaged in hazardous waste removal or containment or emergency response activities to be made from Superfund. Allocates at least 20 percent of funds for such purposes to the training of minority and other community-based workers who are involved in such activities. Title IX: Funding - Subtitle A: Expenditures From the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Bars the use of Superfund for response actions that are not removal actions with respect to non-NPL facilities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental tax to taxable years beginning after December 31, 1997, and before January 1, 2003. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund.
United States · United States Congress · 23 October 1997
Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents.
United States · United States Congress · 23 October 1997
Social Security Beneficiary Tax Reduction Act - Amends the Internal Revenue Code to repeal the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993.
United States · United States Congress · 23 October 1997
Taxpayer Relief and Protection Act of 1997 - Amends the Internal Revenue Code to: (1) reduce the individual income tax rates; (2) make the standard deduction on a joint return equal to twice the deduction of a single return; and (3) change the filing date for individual returns from April 15 to November 1.
United States · United States Congress · 23 October 1997
Amends the Internal Revenue Code to disregard $10 million of capital expenditures in applying the $10 million limitation on the face amount of qualified small issue bonds.
United States · United States Congress · 23 October 1997
TABLE OF CONTENTS: Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies Entrepreneurial Equity Capital Formation Act - Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities - Amends the Internal Revenue Code to set forth special rules for determining whether a specialized small business investment company is a regulated investment company, to define such a company, to waive the distribution requirement for such a company, and to disregard certain earnings and profits of such a company. Permits the tax-free reorganization of a specialized small investment company as a partnership if the reorganization is carried out within a specified time period following enactment and other specified conditions are met. Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies - Sets forth additional tax incentives for investing in specialized small business investment companies.
United States · United States Congress · 23 October 1997
Waives points of order against the consideration of the conference report on H.R. 1119 (national defense authorization).
United States · United States Congress · 23 October 1997
Waives points of order against the consideration of the conference report on H.R. 2107 (Department of the Interior and related agencies appropriations).
United States · United States Congress · 22 October 1997
Taxpayer Protection Act of 1997 - Amends the Internal Revenue Code to revise provisions concerning of the Office of the Taxpayer Advocate. Places such office under the direction of the National Taxpayer Advocate, who shall be appointed by the President. (Currently, the Office is under the direction of the Taxpayer Advocate, who is appointed by the Commissioner of Internal Revenue.) Revises provisions concerning reporting and responsibilities of the Office, including directing the National Taxpayer Advocate to appoint local taxpayer advocates who shall report directly to the National Taxpayer Advocate. Requires each local taxpayer advocate office to maintain separate phone, facsimile, and other communication access, and a separate post office address from its IRS district office or service center. Revises provisions concerning the authority to issue taxpayer assistance orders.
United States · United States Congress · 22 October 1997
Expand and Rebuild America's Schools Act of 1997 - Amends the Internal Revenue Code to allow a limited credit to eligible taxpayers holding school construction bonds. Defines such bonds. Establishes a private business contribution requirement for bond issuers. Defines as eligible taxpayers certain banks, insurance companies, and corporations. Sets a national school construction bond limit.
United States · United States Congress · 22 October 1997
America's Teacher Preparation Improvement Act - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 (HEA) to revise and rename part A as Initial Teacher Preparation. Authorizes the Secretary of Education, in fiscal years for which appropriations are less than $50 million, to make competitive grants to enhance initial teacher preparation to four-year institutions of higher education in partnership with other specified educational entities. Authorizes the Secretary, in fiscal years in which appropriations are more than $50 million, to allot such funds to State educational agencies to make such grants. Allows States to reserve a portion of such funds for specified related State activities. Requires the use of such grants for: (1) teacher preparation activities; and (2) induction experience for new teachers. Allows the use of such grants for: (1) specified types of targeted programs; (2) recruitment; and (3) a system of initial teacher preparation among an institution of higher education offering approved programs and one or more preschools, kindergartens, secondary schools, community groups, two-year institutions of higher education, or nonprofit organizations. Sets forth program requirements for agreements, applications, and participation of private school children and teachers. Authorizes appropriations. Revises the allocation of funds for Programs to Encourage Minority Students to Become Teachers. Repeals HEA title V provisions for: (1) National Teacher Academies; (2) teacher scholarships and fellowships; (3) innovation and research; (4) programs for special populations; and (5) new teaching careers.
United States · United States Congress · 22 October 1997
Sets forth the rule (modified closed) for the consideration of H.R. 2646 (education savings accounts).
United States · United States Congress · 21 October 1997
TABLE OF CONTENTS: Title I: Needs Based Bankruptcy Title II: Enhanced Procedural Protections for Consumers Title III: Improved Procedures for Efficient Administration of the Bankruptcy System Title IV: Technical Corrections Consumer Bankruptcy Reform Act of 1997 - Title I: Needs Based Bankruptcy - Repeals the prohibition against conversion by the court without the debtor's request of a Chapter 7 (Liquidation) case to a case under Chapter 13 (Debt adjustment of an individual with income). (Sec. 102) Revamps dismissal guidelines for a Chapter 7 case to provide for: (1) conversion to Chapter 13 with or without the debtor's consent; (2) a motion for dismissal by a party in interest; and (3) repeal of the presumption in favor of granting the relief requested by the debtor. Requires the court to consider whether: (1) the debtor can repay at least 20 percent of nonpriority unsecured debts; (2) the debtor has filed in bad faith; (3) the debtor made good-faith efforts, before filing, to negotiate an alternative repayment schedule or to use alternative methods of dispute resolution; and (4) the debtor's creditors have unreasonably refused to engage in such alternative methods of dispute resolution or to negotiate an alternative repayment schedule. Directs the court to order debtor's counsel to reimburse the legal fees of the panel trustee if the trustee's motion for dismissal or conversion has been granted. Subjects counsel to a civil penalty for violation of certain bankruptcy rules. Requires the court to award a debtor all reasonable costs in successfully contesting a dismissal motion brought by a party in interest if: (1) the party's position was not substantially justified; or (2) the party brought the motion solely to coerce the debtor into waiving a guaranteed right. Title II: Enhanced Procedural Protections for Consumers - Directs the court to award legal fees and punitive damages (treble actual damages, up to $5,000) to a debtor if the court: (1) disallows a creditor's claim, or finds that either the claim or the creditor's position is not substantially justified; or (2) finds that specified violations by the creditor have harmed the debtor. Title III: Improved Procedures for Efficient Administration of the Bankruptcy System - Revises procedural guidelines to mandate: (1) written notice of nonprofit debt counseling services to the individual consumer debtor before commencement of a case; and (2) specified additional disclosures to the court and to the creditor regarding the debtor's financial status (including tax returns). (Sec. 301) Allows creditors to request and receive a debtor's petition, schedules, and statement of affairs, including any chapter 13 debt adjustment plan. (Sec. 302) States that, with respect to conditions for court approval of a debt adjustment plan, a claim holder may retain the lien securing such claim until the underlying debt is fully paid. (Sec. 303) Revises automatic stay guidelines to terminate a stay with respect to a debt or lease if the debtor has made repeat filings in bad faith. Establishes a rebuttable presumption that certain cases have been filed in bad faith. (Sec. 304) Sets forth a deadline within which the debtor must file a debt adjustment plan. (Sec. 305) Revises requirements governing a stay of action against a codebtor who did not receive the consideration for a claim to provide a maximum 30-day automatic stay to the extent that the creditor proceeds against: (1) the individual that received the consideration; or (2) the property not in the possession of the debtor that secures that claim. (Sec. 306) Amends the Federal judicial code to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts to compile and make such statistics public and to report them annually to the Congress. (Sec. 307) Requires each U.S. trustee to report to the Attorney General on audit results performed by independent certified or licensed public accountants on bankruptcy petitions and schedules. Requires the Attorney General to establish random audits of individual cases. (Sec. 308) Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. (Sec. 309) Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 310) Revises requirements governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a case converted to chapter 7; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount determined under applicable non-bankruptcy law has been fully paid as of the conversion date. (Sec. 311) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court or the parties agree to a longer time. (Sec. 312) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 313) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection. Title IV: Technical Corrections - Makes technical corrections to Federal bankruptcy, criminal, and judiciary law. Redefines single asset real estate to exclude family farms and to repeal the $4 million ceiling on the amount of noncontingent, liquidated secured debts on such property. Defines the term "transfer" to include: (1) creation of a lien; (2) retention of title as a security interest; (3) foreclosure of the debtor's equity of redemption; and (4) every mode of disposing of property or parting with an interest in property. (Sec. 402) Requires triennial adjustment of the $5,000 value of certain implements, professional books, tools of the trade, farm animals, and crops which a debtor may exempt from the property of the estate (protecting it from creditors' liens). (Sec. 406) Provides that a trustee or a creditors' and equity security holders' committee may pay a professional person they employ on a fixed or percentage fee basis, as well as on other bases already permitted. (Sec. 409) Precludes an automatic stay of any transfer that is not avoidable in: (1) cases where the trustee serves as lien creditor and successor to certain creditors and purchasers; and (2) postpetition transactions. (Sec. 410) Modifies guidelines governing assumption by the bankruptcy trustee of certain executory contracts and unexpired leases with specified defaults. Permits a trustee to assume an unexpired lease of real property without first curing a default arising from any failure to perform nonmonetary obligations under the lease if it is impossible to cure the default by performing nonmonetary acts at and after the time of assumption. Permits a trustee to assume an executory contract without first curing a default arising from such a failure if: (1) it is impossible to cure the default by performing nonmonetary acts at and after the time of assumption; and (2) the court determines, based on the equities of the case, that the default should not be cured at and after such time. Repeals: (1) the prohibition against trustee assumption or assignment of unexpired leases of aircraft facilities unless all such leases are assumed or assigned; and (2) the deemed rejection of such a lease if the trustee does not assume or reject it. (Sec. 412) Excludes from compensable professional services any expenses incurred by an individual member of a creditors' and equity security holders' committee. (Sec. 414) Revises the prohibition against debtor avoidance of certain judicial liens in connection with a liability designated as, and actually in the nature of, alimony, maintenance, or support. (Sec. 415) Declares nondischargeable in bankruptcy a debt for death or personal injury caused by the debtor's operation of a watercraft or aircraft while intoxicated from alcohol, a drug, or other substance. Limits the nondischargeability of fees imposed by a court to fees so imposed on a prisoner. (Sec. 420) Revises guidelines governing preferences to provide that, if the trustee avoids a security interest given between 90 days and one year before the date of the filing of the petition, by the debtor to a non-insider for the benefit of a creditor that is an insider, then such security interest shall be considered to be avoided only with respect to the insider creditor. (Sec. 423) Revises setoff recovery rules to exclude from recovery by a trustee setoffs by swap participants. (Sec. 426) Requires the U.S. trustee in a chapter 11 (Reorganization) case to file a report certifying the election of an eligible, disinterested trustee at a meeting of creditors. Declares that upon such filing: (1) the trustee elected shall be considered to have been selected and appointed; and (2) the service shall terminate of any trustee previously appointed to fill the term of specified ineligible or incapacitated trustees. (Sec. 432) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, with respect to judicial districts for Alabama and North Carolina, to postpone: (1) from October 1, 2002, until October 1, 2012, the effective date of specified amendments relating to United States Trustees; and (2) from October 1, 2003, until October 1, 2013, the effective date of its amendments relating to Trustee duties as well as quarterly fees paid to them in chapter 11 cases.
United States · United States Congress · 21 October 1997
TABLE OF CONTENTS: Title I: Economic Normalization Subtitle A: General Provisions Subtitle B: United States-China Trade and Investment Commission Title II: Strategic Relations Title III: Human Rights Subtitle A: General Provisions Subtitle B: Human Relations Commission United States-China Relations Act of 1997 - Declares that it is the policy of the United States to: (1) encourage the integration of the People's Republic of China (PRC) into the global economy and community of nations; (2) craft an economic, political, and strategic relationship with the PRC which builds mutual trust and encourages transparency; (3) cooperate with the PRC on regional and global political and strategic issues, and to encourage the constructive interdependence of the PRC in the Asia Pacific region; (4) recognize the PRC's sovereignty, and oppose any unilateral change in the status quo of one China policy, especially with respect to the Republic of China on Taiwan; (5) continue a close relationship with the Special Administrative Region of Hong Kong; and (6) enforce the Hong Kong Policy Act and any other provision that relates to the protection of civil liberties and the rule of law in Hong Kong. Title I: Economic Normalization - Subtitle A: General Provisions - Declares the policy of the United States with respect to the economic relationship between the United States and the PRC. (Sec. 103) Directs the United States Trade Representative (USTR) to study and report annually to the Congress on the economic benefits that existing bilateral trade agreements between the United States and the PRC have on U.S. employment, balance of trade, and international competitiveness. Directs the Secretary of State to report annually to the Congress on the commercial activities of the People's Liberation Army in the United States and the PRC. (Sec. 104) Directs the USTR to assess and advise the Congress on the feasibility of entering into a bilateral investment treaty with the PRC. Directs the Secretary of the Treasury to assess and advise the Congress on the feasibility of entering into a bilateral tax treaty with the PRC. Directs the President to: (1) review annually the functions and objectives of each United States-China Joint Commission; and (2) submit annually for congressional review a program plan identifying the objectives of each Commission and the resources required to achieve them. (Sec. 105) Directs the President to increase the rate of duty with respect to one or more products of China if, after the 1979 U.S. bilateral agreement with the PRC expires, it is determined that: (1) China is not according adequate trade benefits to the United States; or (2) it is not taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Requires the President to terminate such duty rate increase if the PRC becomes a WTO member, takes adequate steps to become a WTO member, or accords adequate trade benefits to the United States. Grants nondiscriminatory treatment (most-favored-nation) treatment to Chinese products upon China's accession to the WTO. Directs the President to: (1) develop criteria for supporting the PRC's participation in the Organization for Economic Cooperation and Development (OECD) and the G-7 meetings; and (2) when appropriate, initiate discussions with other OECD members and the G-7 regarding such participation. (Sec. 106) Earmarks specified FY 1999 and 2000 funding for strengthening and expanding to additional cities the U.S. consular and commercial presence in the PRC. Subtitle B: United States-China Trade and Investment Commission - Establishes a United States-China Trade and Investment Commission (USCTIC) to study and report annually to the President and the Congress with regard to: (1) business practices employed by U.S. and foreign persons conducting business in the PRC; (2) human rights, labor, and environmental conditions in each province of the PRC based on certain criteria under the Foreign Assistance Act of 1961 relating to insurance, financing, guarantees, and reinsurance by the Overseas Private Investment Corporation (OPIC); (3) other circumstances associated with the development of the rule of law and civil society in the PRC; (4) opportunities for bilateral cooperation for improving ecosystem management and pollution control, and for integrating policies that have environmental impact in the PRC; and (5) opportunities for developing voluntary environmental guidelines for industrial suppliers located in the PRC, including the implementation of ISO 14000 environmental management standards of the International Organization of Standards. (Sec. 116) Directs the Export-Import Bank, OPIC, and other U.S. agencies to take into consideration such study and report in funding any transaction with the PRC. Amends the Export-Import Bank Act to provide that the prohibition on aid to Marxist-Leninist countries shall not apply to guarantees, insurance, or extension of credit by the Bank to a province of the PRC if the USCTIC determines that the province meets the criteria for OPIC insurance, financing, guarantees, and reinsurance in the Foreign Assistance Act of 1961. Amends the Foreign Assistance Act of 1961 to authorize OPIC to insure, reinsure, guarantee, or finance a project in the PRC if the USCTIC determines that the province in which such project is located meets applicable criteria for insurance, financing, guarantees, and reinsurance. Title II: Strategic Relations - States that it is the policy of the United States to: (1) encourage the political and military integration of the PRC into the Asia Pacific region and the larger global community of nations; (2) maintain a strong U.S. presence in the Asia Pacific region and encourage cooperation between the United States, the PRC, and other nations; (3) encourage transparency in military funding in the PRC to the greatest extent possible; and (4) engage in confidence building measures between the United States and the PRC in order to reduce the risk of unintended conflict. (Sec. 203) Requires the Secretaries of State, of Defense, and of Commerce, along with the heads of other intelligence agencies, to provide the Congress with: (1) a report analyzing the effectiveness of existing weapons proliferation export controls and sanctions relating to the PRC; and (2) a report describing economic, political, and military espionage conducted by the PRC against the United States. (Sec. 204) Expresses the sense of the Senate that the President should continue and expand contact and exchanges between national security personnel from the United States and of the PRC. Directs the President to take steps to establish a bilateral committee with the PRC in order to begin a dialogue about: (1) the maintenance of stability in regions where there are energy resources of mutual interest to the United States and the PRC; and (2) common interests in the PRC's securing a stable and adequate food supply and the interests of the United States as a supplier of such food. (Sec. 205) Directs the President to take steps to establish a multilateral risk reduction protocol with the PRC and other governments in East Asia that includes establishing a line of direct communication between Washington and the PRC and developing a protocol for naval encounters in international waters (Sec. 206) Expresses the sense of the Senate that: (1) the security and stability of the Near East is threatened by any augmentation of weapons inventories by Iran and Iraq; and (2) the President should vigilantly enforce the Iran-Iraq Arms Non-Proliferation Act of 1992. Title III: Human Rights - Subtitle A: General Provisions - States that it is the policy of the United States to: (1) encourage the PRC to adhere to internationally accepted norms for the rule of law, human rights, and worker rights; and (2) develop a consistent multilateral response to the record of the PRC on human rights and worker rights. (Sec. 303) Requires the President to direct the Director of the United States Information Agency and the Board of Broadcasting Governors to: (1) increase the broadcast hours of the Voice of America and Radio Free Asia to the PRC; and (2) broadcast to the PRC in multiple Chinese dialects. Authorizes additional appropriations for grants to the National Endowment for Democracy which shall be available only for programs relating to the PRC. (Sec. 304) Provides that, in the absence of significant progress in improving human rights in the PRC, the President shall direct the U.S. Permanent Representative to the United Nations to develop and implement a strategy to ensure that there is a debate and discussion every year on the human rights record of the PRC before the United Nations Commission on Human Rights. Subtitle B: Human Relations Commission - Directs the President to appoint a Human Relations Commission to: (1) assess the status of human rights and worker rights in the PRC based on the Universal Declaration of Human Rights and internationally recognized worker rights; (2) work to develop a bilateral commission between the United States and the PRC on human rights and worker rights; (3) expand opportunities for the exchange between the United States and the PRC of judges, attorneys, religious leaders, customs officials, and members and staff of the executive and legislative branches of government; (4) encourage overseas development assistance programs that support establishment of the rule of law and civil society in the PRC; and (5) identify opportunities for multilateral action on human rights and worker rights, and rejuvenate initiatives in the International Labor Organization relating to such rights. (Sec. 312) Provides that, in assessing the status of such rights, the Commission shall establish a Prisoner Information Registry containing specified information about people detained in the PRC as political and religious prisoners and prisoners of conscience. Requires the Commission to: (1) report annually to the President and the Congress on the results of such assessment; and (2) if it determines that the PRC is not making progress in improving the status of such rights within two years after its first meeting, recommend that the President strengthen U.S. policies intended to improve the status of human rights and worker rights in the PRC.
United States · United States Congress · 21 October 1997
TABLE OF CONTENTS: Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service Subtitle A: Executive Branch Governance and Senior Management Subtitle B: Personnel Flexibilities Title II: Electronic Filing Title III: Taxpayer Protection and Rights Subtitle A: Burden of Proof Subtitle B: Proceedings by Taxpayers Subtitle C: Relief for Innocent Spouses and for Taxpayers Unable to Manage Their Financial Affairs Due to Disabilities Subtitle D: Elimination of Interest Rate Differential on Overlapping Periods of Interest on Income Tax Overpayments and Underpayments Subtitle E: Protections for Taxpayers Subject to Audit or Collection Activities Subtitle F: Disclosures to Taxpayers Subtitle G: Low Income Taxpayer Clinics Subtitle H: Other Matters Subtitle I: Studies Title IV: Congressional Accountability for the Internal Revenue Service Subtitle A: Oversight Subtitle B: Budget Subtitle C: Tax Law Complexity Title V: Clarification of Deduction for Deferred Compensation Internal Revenue Service Restructuring and Reform Act of 1997 - Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service - Subtitle A: Executive Branch Governance and Senior Management - Amends the Internal Revenue Code (IRC) to replace provisions providing for the appointment of a Commissioner of Internal Revenue with provisions establishing, within the Department of the Treasury, an Internal Revenue Service (IRS) Oversight Board which shall have 11 members (appointed for five year terms) consisting of: (1) eight non-Federal employees appointed by the President; (2) the Secretary of the Treasury; (3) the Commissioner of Internal Revenue; and(4) an IRS employee, appointed by the President, who is a representative of an organization representing a substantial number of IRS employees. Directs the Board, in general, to oversee the IRS in its administration, management, conduct, supervision, and implementation of the internal revenue laws and tax conventions. Prohibits the Board from having responsibility with respect to: (1) the development and formulation of Federal tax policy; (2) IRS law enforcement activities; or (3) specific IRS procurement activities. Restricts the disclosure of return information to the Board. Sets forth the specific responsibilities of the Board, including: (1) reviewing and approving the strategic plans of the IRS; (2) reviewing the operational functions of the IRS; (3) recommending a Commissioner to the President; and (4) reviewing and approving the IRS budget request. (Sec. 102) Directs the President to appoint, for a term of five years (currently, there is no specified term limit), an IRS Commissioner who shall: (1) administer, manage, and supervise the execution and application of the internal revenue laws and tax conventions; and (2) recommend to the President an IRS Chief Counsel. Reestablishes within the IRS the: (1) Office of Employee Plans and Exempt Organizations which shall be under the supervision of the IRS Assistant Commissioner; and (2) Office of Taxpayer Advocate. (Sec. 103) Authorizes the Commissioner, unless otherwise prescribed by the Secretary, (currently, the Secretary) to employ the number of persons as is proper to administer and enforce the internal revenue laws. (Sec. 104) Prohibits any applicable person (defined as any Level I Executive Schedule employee, except the U.S. Attorney General) from requesting any IRS employee to conduct or terminate any audit or investigation of a taxpayer. Requires any IRS employee receiving any such request to report to the IRS Chief Inspector. Sets forth exceptions. Subtitle B: Personnel Flexibilities - Directs the Commissioner to establish a performance management system which: (1) shall cover all IRS employees other than Oversight Board members, the Commissioner, and the Chief Counsel; (2) shall maintain individual accountability of employees by establishing performance standards, providing for periodic retention reviews, and using performance evaluations as a basis for pay adjustments and other personnel actions; and (3) establish individual, group, and organizational goals. Sets forth staffing flexibility provisions, with special provisions for veterans. Permits demonstration projects to improve personnel management, increase accountability, impose disciplinary action, and promote pay based on performance. Requires reports to the Congress. Title II: Electronic Filing - States that it is the policy of the Congress that paperless filing is the preferred form of filing, and that by the year 2007, no more than 20 percent of all returns should be filed on paper. Sets forth: (1) plans to achieve such goal; and (2) reporting requirements. Title III: Taxpayer Protection and Rights - Taxpayer Bill of Rights 3 - Subtitle A: Burden of Proof - Places the burden of proof in any court proceeding, with respect to any factual issue relevant to ascertaining the income tax liability of a taxpayer, on the Secretary, but only if: (1) the taxpayer asserts a reasonable dispute with respect to an issue; (2) the taxpayer cooperates fully with the Secretary with respect to an issue; and (3) in the case of a partnership, corporation, or trust meets the IRC definition of the term prevailing party. Subtitle B: Proceedings by Taxpayers - Sets forth provisions concerning the awarding of attorney's fees, including permitting the awarding of higher attorney fees if warranted by the difficulty of the issues in the case or the local availability of tax expertise. (Sec. 312) Permits civil damages if any IRS employee, in connection with any collection activity, negligently disregards the IRC. (Currently, damages are allowed only if the employee recklessly or intentionally disregards the IRC.) (Sec. 313) Increases, from $10,000 to $25,000, the amount in controversy permitted on the small case calendar. Subtitle C: Relief for Innocent Spouses and for Taxpayers Unable to Manage Their Financial Affairs Due to Disabilities - Provides for the relief of an innocent spouse from a tax underpayment on a joint return under specified circumstances, including that the spouse had no reason to know of the underpayment and that it is inequitable to hold the spouse liable. (Sec. 322) Provides for the suspension of the statute of limitations for claiming a refund or credit during periods of a medically determined physical or mental impairment. Subtitle D: Elimination of Interest Rate Differential on Overlapping Periods of Interest on Income Tax Overpayments and Underpayments - Establishes a net interest rate of zero on equivalent amounts of overpayment and underpayment existing for any period. Subtitle E: Protections for Taxpayers Subject to Audit or Collection Activities - Entitles a taxpayer, in any noncriminal proceeding before the IRS, to the same common law protections of confidentiality with respect to tax advice furnished by any qualified individual as the taxpayer would have if such individual were an attorney. (Sec. 342) Directs the Taxpayer Advocate, for purposes of determining whether to issue a taxpayer assistance order, to consider, among other things: (1) whether there is an immediate threat of adverse action; and (2) whether there has been an unreasonable delay; and (3) whether the taxpayer will suffer irreparable injury. (Sec. 343) Prohibits the use of financial status or economic reality examination techniques to determine the existence of unreported income unless there is a reasonable indication that there is a likelihood of such unreported income. (Sec. 344) Prohibits the issuance of a summons to produce or examine any tax-related computer source code, subject to exceptions. (Sec. 345) Requires notification to a taxpayer of the taxpayer's right to refuse to extend the statute of limitations, or to limit such extension to particular issues, on each occasion when the taxpayer is requested to provide consent. (Sec. 346) Directs the Secretary to: (1) develop and publish schedules of national and local allowances designed to provide that taxpayers entering into a compromise have an adequate means to provide for basic living expenses; and (2) prepare a statement which sets forth in simple terms the rights of a taxpayer and the obligations of the IRS relating to offers-in-compromise. (Sec. 347) Requires the Secretary to include on a deficiency notice the last date on which a taxpayer can file a petition with the tax court. (Sec. 348) Permits the refund of any uncontested overpayments before there is a final determination by the Tax Court of a contested deficiency. (Sec. 349) Requires IRS employees to be instructed that they cannot threaten to audit any taxpayer in an attempt to coerce the taxpayer into entering into a Tip Reporting Alternative Commitment Agreement. Subtitle F: Disclosure to Taxpayers - Requires the establishment of procedures to clearly alert married taxpayers of their joint and several liabilities on all appropriate publications and instructions. (Sec. 352) Requires a revision of the Taxpayer Bill of Rights contained in IRS Publication No. 1 so that it more clearly informs taxpayers of their rights to be represented at interviews and to suspend an interview. Requires: (1) the inclusion in such publication of a statement which sets forth in simple terms the procedure and criteria for selecting taxpayers for examination; and (2) the submission of drafts of such statement to specified congressional committees. (Sec. 354) Requires that a field service advice memorandum be treated as a written determination, thereby making it open to public inspection, subject exceptions and special rules. (Sec. 355) Requires the inclusion, with any first letter of deficiency allowing a taxpayer an opportunity for administrative review in the IRS Office of Appeals, of an explanation of the appeals process with respect to such proposed deficiency. Subtitle G: Low-Income Taxpayer Clinics - Directs the Secretary to make grants to provide matching funds for the development, expansion, or continuation of qualified low income taxpayer clinics. Subtitle H: Other Matters - Grants jurisdiction to the U.S. district courts and the U.S. Court of Federal Claims over any action by the representative of an estate, consisting largely of an interest in a closely held business, which elects the installment method of payment. (Sec. 372) Requires the Secretary to maintain and report records of taxpayer complaints of misconduct by IRS employees on an individual basis. (Sec. 373) Requires the Secretary, on request from the Archivist of the United States, to disclose or authorize the disclosure of returns and return information to officers and employees of the National Archives and Records Administration if necessary for the scheduling of records for destruction or retention. (Sec. 374) Directs the Secretary to establish such rules as necessary to allow payment of taxes by check or money order. Subtitle I: Studies - Directs the Joint Committee on Taxation to conduct studies and report findings concerning: (1) penalty administration; and (2) taxpayer confidentiality. Title IV: Congressional Accountability for the Internal Revenue Service - Subtitle A: Oversight - Expands the duties of the Joint Committee on Taxation with respect to: (1) investigations; (2) joint hearings; and (3) reports. Subtitle B: Budget - Expresses the sense of the Congress that the IRS efforts to resolve the century date change computing problems should be fully funded. (Sec. 412) Provides for the establishment of a financial management advisory group. Subtitle C: Tax Law Complexity - Expresses the sense of the Congress that the IRS should provide the Congress with an independent view of tax administration, and that during the legislative process, the Congress should hear from front-line technical experts at the IRS concerning pending IRC amendments. (Sec. 422) Requires any legislation amending the IRC that is reported by either the Senate Committee on Finance or the House Committee on Ways and Means to include in the report a Tax Complexity Analysis prepared by the Joint Committee on Taxation. Title V: Clarification of Deduction for Deferred Compensation - Provides that, except for severance pay, no amount shall be treated as deferred compensation until it is actually received by the employee.
United States · United States Congress · 21 October 1997
Shipping Income Reform Act of 1997 - Amends the Internal Revenue Code to exclude from the definition of foreign base company income foreign base company shipping income: (1) derived from a vessel registered in the Bahamas, Honduras, Liberia, Panama, the Marshall islands, or other countries certified by the Secretary of Transportation, if the vessel owner enters into an agreement to operate a U.S.-flag fleet for at least 320 days annually; or (2) the owner does not derive U.S.-source income and has not engaged in the carriage of any cargoes in the U.S. import or export trade for at least 320 days annually.
United States · United States Congress · 21 October 1997
Flat Alternative Individual Return Tax Act of 1997 - Amends the Internal Revenue Code to allow an individual to pay, instead of the tax otherwise due under the Code, a tax equal to 20 percent of FAIR taxable income. Defines such income as gross income minus specified deductions over the FAIR standard deduction. Defines such deduction.
United States · United States Congress · 21 October 1997
Extends the law making continuing appropriations for FY 1998 through November 7, 1997.
United States · United States Congress · 21 October 1997
Sets forth the rule (closed) for the consideration of H.J. Res. 97 (continuing appropriations).
United States · United States Congress · 9 October 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 9 October 1997
Emergency Student Loan Consolidation Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to allow until October 1, 1998, the consolidation, under the Federal Family Education Loan Program (FFELP), of all of a student's loans under both the FFELP and the Direct Loan Program. (Authorizes such consolidation of loans under both programs into single FFELP consolidation loans, which may be administered by entities other than the Department of Education, for an emergency period until October 1, 1998, to provide time to reduce a backlog in processing consolidation of both types of loans into Direct Lending Consolidation loans administered by the Department of Education.) Reduces the amount of certain funds available for administrative expenses under HEA student assistance provisions. Revises HEA need analysis requirements to reduce the family contribution for dependent or independent students by the amount of the Hope Tax Credit taken by the student, the student's parents, or the student's spouse (thus providing that students will not receive reduced financial aid as a result of qualifying for and receiving the new Hope Tax Credits under the Internal Revenue Code).
United States · United States Congress · 9 October 1997
National Health Service Corps Scholarship Program Incentive Act - Amends the Internal Revenue Code to exclude from gross income scholarship amounts received for certain teaching, research, or other services by an individual under the National Health Service Corps Scholarship Program.
United States · United States Congress · 9 October 1997
Education Savings Act for Public and Private Schools - Amends the Internal Revenue Code (IRC) to permit tax-free expenditures from education individual retirement accounts for elementary and secondary education expenses (including tuition, special needs services, and transportation expenses) required for attendance at a public, private, or religious school. Increases the maximum annual amount of contributions permitted to such accounts. Provides for the application of the IRC without regard to the result reached in the case of Schmidt Baking Company, Inc. v. Commissioner of Internal Revenue. Directs the Secretary of the Treasury to prescribe regulations reflecting such application of the IRC.
United States · United States Congress · 9 October 1997
American Indian Transportation Improvement Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to: (1) extend and increase through FY 2003 the authorization of appropriations for Indian reservation roads under the Federal lands highway program; (2) permit up to three percent of the funds allocated for Indian reservation roads for a fiscal year to be transferred by the tribal government to mass transportation services; and (3) exclude funds made available under the Federal lands highway program for a public land highway constructed on an Indian reservation from the apportionment adjustments, hold harmless provisions. (Sec. 5) Revises requirements regarding the scenic byway programs to: (1) require the Secretary of Transportation to provide technical assistance and make grants to Indian tribes for the planning and development of Indian tribe scenic byway programs; (2) provide for a Federal share of 80 percent for the costs of planning and development of Indian tribe scenic byway programs; and (3) extend such programs through FY 2003, requiring that not less than one percent of funds made available for a fiscal year be used to make competitive grants to Indian tribes for the planning and development of Indian tribe scenic byway programs. (Sec. 6) Amends Federal law concerning highways to define the terms: (1) "Indian tribal transportation department"; and (2) "Indian tribe." (Sec. 7) Revises the requirement regarding acceptance by the Secretary of certification relating to certain highway or other transportation construction projects to include Indian tribes. (Sec. 8) Revises the requirement regarding the allocation of apportioned funds for highway safety programs to require that not less than one percent of the ten percent of funds made available to a State under the surface transportation program for transportation enhancement activities for a fiscal year be transferred to, and used by, the Secretary to make competitive grants to Indian tribes for transportation enhancement activities. (Sec. 9) Repeals requirements regarding set asides for Indian reservation bridges under the highway bridge replacement and rehabilitation program. Replaces them with a requirement providing for an amount equal to one percent of the highway bridge replacement and rehabilitation program funds available to be apportioned to States, to be allocated to the Secretary for projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges that are part of the Indian reservation road system, with priority given to bridges with the highest level of deficiency. (Sec. 10) Revises requirements relating to highway safety programs to: (1) remove reference to "political subdivision of a State" with respect to the application of the requirements on Indian reservations; and (2) require that 95 percent of funds for highway safety programs on Indian reservations be apportioned to Indian tribes (currently such funds are apportioned to the Secretary of the Interior). (Sec. 11) Amends Federal law concerning transportation to revise the requirement relating to the set-asides from the Mass Transit Account of the Highway Trust Fund to require that not less than one percent is available for transportation services to Indian tribes: (1) under an allocation formula, to be established by the Secretary through negotiations with Indian tribes; and (2) with respect to any fiscal year commencing before the formula is established, under an allocation formula established by the Administrator of the Federal Transit Administration. (Sec. 12) Provides for $500,000 per fiscal year for FY 1998 through 2003 to be set aside out of amounts made available out of the Highway Trust Fund to support: (1) the development and administration of an Intertribal Transportation Association; and (2) government-to-government dialog between Indian tribes, the Department of Transportation, the Department of the Interior, other Federal agencies, and State and local transportation agencies.
United States · United States Congress · 9 October 1997
Native American Housing Assistance and Self-Determination Act Amendments of 1997 - Makes amendments to the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), including: (1) setting a time limitation on the authority of the Secretary of Housing and Urban Development to waive plan requirements under certain conditions; (2) setting forth a requirement for assistance to Indian families that are not low-income and eliminating separate Indian housing plan requirements for small Indian tribes; (3) expanding the authority of the Secretary to review Indian housing plans; (4) revising requirements regarding tenant selection to require the inclusion of homebuyer selection policies and criteria; (5) revising provisions regarding review and audit by the Secretary; (6) prescribing an adjustment to the allocation formula if any housing authority received no modernization funding and partial or no operating assistance during FY 1996; (7) excepting from the hearing requirement certain actions by the Secretary affecting grant amounts if the Secretary makes a determination that the failure of a recipient of assistance to comply substantially with any material provision of the Act is resulting, and would continue to result, in an unauthorized expenditure of Federal funds; (8) revising requirements regarding noncompliance by recipients because of technical incapacity to permit the provision of technical assistance to a recipient only under specified conditions, including that the recipient enter into a certain performance agreement; (9) requiring that Indian housing plans, policies, waiting lists, and annual reports be made available publicly; (10) replacing a tribally designated housing entity due to noncompliance; (11) repealing certification of compliance with subsidy layering requirements; and (12) revising tax exemption provisions. Amends the Housing and Community Development Act of 1992, the Cranston-Gonzalez National Affordable Housing Act, and the Public and Assisted Housing Drug Elimination Act of 1990 to make additional amendments to current law concerning Indian housing.
United States · United States Congress · 9 October 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce Title III: Establishment of United States Trade Administration Subtitle A: General Provisions Subtitle B: United States Trade Administration Title IV: Statistical Consolidation Subtitle A: General Provisions Subtitle B: Establishment of the Federal Statistical Service Subtitle C: Transfers of Functions and Offices Subtitle D: Administrative Provisions Subtitle E: Miscellaneous Title V: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1998. (Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the three-year period beginning on the date of enactment. (Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel. (Sec. 106) Provides for the submission of specified reports. (Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act; and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act. (Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act. (Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agencywide priority placement programs for Federal employees affected by a reduction in force attributable to this Act. (Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1997; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1997. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1997. (Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of NTIS as a wholly owned Government corporation if an arrangement for privatization of the functions of the NTIS has not been made. (Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act. (Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA. (Sec. 205) Terminates specified miscellaneous NOAA research programs. Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA. Prohibits: (1) funding for the NOAA Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2000: (1) the Office of the NOAA Administration Corps of Operations or its successor; and (2) the Commissioned Personnel Center. Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet. Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990. (Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for administration of NOAA, and all functions and offices transferred to the new NOAA, under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer. (Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration. Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions. Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the United States in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3. Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials). (Sec. 322) Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy. Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation. (Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration. (Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA. Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses. Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above. Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions. Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1998; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1998. Title IV: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population. Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics. (Sec. 413) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics. Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices. Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator. Subtitle E: Miscellaneous - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service. Title V: Miscellaneous Provisions - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.
United States · United States Congress · 9 October 1997
Religious Freedom Peace Tax Fund Act - Directs the Secretary of the Treasury to establish in the Treasury the Religious Freedom Peace Tax Fund into which shall be deposited taxes paid by designated conscientious objectors. Requires and expresses the sense of the Congress that deposits in the Fund be allocated annually for any non-military appropriation. Sets forth reporting requirements.
United States · United States Congress · 9 October 1997
Amends the Internal Revenue Code to prohibit the Secretary of the Treasury from using the threat of an examination or issuing a summons to compel a taxpayer to agree to or sign the Tip Reporting Commitment Agreement or the Tip Rate Determination Agreement.
United States · United States Congress · 9 October 1997
Software Trade Secrets Protection Act of 1997 - Amends the Internal Revenue Code to prohibit requiring the submission of, or examination of, a computer source code for any computer software program, unless: (1) there is an inquiry into any offense connected with the administration or enforcement of the internal revenue laws; or (2) the program is owned by the taxpayer, used exclusively by the taxpayer, and is not for commercial distribution. Sets forth provisions providing for the protection of executable computer software which is treated as a return or return information.
United States · United States Congress · 9 October 1997
Tax Technical Corrections Act of 1997 - Amends the Internal Revenue Code (IRC), the Taxpayer Relief Act of 1997 (which primarily amended the IRC), and other tax legislation to revise provisions concerning, among other things: (1) credits for children; (2) education incentives; (3) savings and investment incentives; (4) estate, gift, and generation-skipping taxes; (5) incentives for the revitalization of the District of Columbia; (6) excise taxes; (7) financial products; (8) corporate organizations and reorganizations; (9) foreign investments and tax credits; (10) the means of tax payment; (11) pensions and employee benefits; (12) unused business credits; and (13) stapled entities. Makes such revisions effective as if included in the Taxpayer Relief Act of 1997, with exceptions.