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201 records in US in 1997
United States · United States Congress · 9 October 1997
Sets forth the rule (open) for the consideration of H.R. 2204 (Coast Guard authorization).
United States · United States Congress · 9 October 1997
Expresses the sense of the House of Representatives that no new energy taxes or fees should be imposed by the Clinton administration on the American public in order to comply with the global warming treaty.
United States · United States Congress · 8 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 · 8 October 1997
Reciprocal Trade Agreements Act of 1997 - Sets forth the purposes of this Act, which are, through trade agreements affording mutual benefits, to achieve: (1) more open, equitable, and reciprocal market access for U.S. goods, services, and investment; (2) the reduction or elimination of barriers and other trade-distorting policies and practices; (3) a more effective system of international trading disciplines and procedures; and (4) economic growth, higher living standards, and full employment in the United States, and economic growth and development among U.S. trading partners. (Sec. 2) Sets forth the principal U.S. trade negotiating objectives for agreements regarding tariff barriers and agreements regarding tariff and non-tariff barriers. Declares that the principal U.S. trade negotiating objectives regarding a reduction of barriers to trade in goods include eliminating specified tariffs for products identified in the Uruguay Round Agreements Act. Declares that the principal U.S. negotiating objectives regarding trade in services are: (1) reducing or eliminating barriers to, or other distortions of, international trade in services, including regulatory and other barriers that deny national treatment or unreasonably restrict the establishment and operation of service suppliers in foreign markets; and (2) developing internationally agreed rules, including dispute settlement procedures, that are consistent with U.S. commercial policies and will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets. Declares that the principal U.S. negotiating objectives regarding foreign investment are: (1) reducing or eliminating artificial or trade-distorting barriers to foreign investment, expanding the principle of national treatment, and reducing unreasonable barriers to establishment; and (2) developing internationally agreed rules through the negotiation of investment agreements, including dispute settlement procedures, that will help ensure a free flow of foreign investment and will reduce or eliminate the trade distortive effects of certain trade-related investment measures. Declares that the principal U.S. negotiating objectives regarding intellectual property are: (1) promoting adequate and effective protection of intellectual property rights; (2) securing fair, equitable, and non-discriminatory market access opportunities for U.S. persons that rely on intellectual property protection; and (3) recognizing that the inclusion in the World Trade Organization (WT0) of adequate and effective substantive norms and standards for the protection and enforcement of intellectual property rights and dispute settlement provisions and enforcement procedures is without prejudice to other complementary initiatives undertaken in other international organizations. Declares that the principal U.S. negotiating objectives regarding agriculture are, in addition to those set forth in the Food Security Act of 1985, achieving on an expedited basis to the maximum extent feasible, more open and fair conditions of trade in agricultural commodities. Declares that the principal U.S. negotiating objectives regarding unfair trade practices are: (1) enhancing the operation and effectiveness of the relevant Uruguay Round Agreements and any other agreements designed to define, deter, discourage the persistent use of, and otherwise discipline, unfair trade practices having adverse trade effects, including forms of subsidy and dumping not adequately disciplined; and (2) obtaining the enforcement of WTO rules against trade-distorting practices of state trading enterprises and the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that substantial direct investment in the foreign country be made, intellectual property be licensed to the foreign country or to any firm of the foreign country or other collateral concessions be made, as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country. Declares that the principal U.S. negotiating objectives regarding safeguards are: (1) improving and expanding rules and procedures covering safeguard measures; (2) ensuring that safeguard measures are transparent, temporary, degressive, and subject to review and termination when no longer necessary to remedy injury and to facilitate adjustment; and (3) requiring notification of, and to monitor the use by, WTO members of import relief actions for their domestic industries. Declares that the principal U.S. negotiating objectives regarding improvement of the WTO and multilateral trade agreements are: (1) improving the operation and extending the coverage of the WTO and such agreements to products, sectors, and conditions of trade not adequately covered; and (2) expanding country participation in particular agreements, where appropriate. Declares that the principal U.S. negotiating objectives regarding dispute settlement are: (1) providing for effective and expeditious dispute settlement mechanisms and procedures in any trade agreement entered into under this authority; and (2) ensuring that such mechanisms within the WTO and agreements concluded under the auspices of the WTO provide for more effective and expeditious resolution of disputes and enable better enforcement of U.S. rights. Declares that the principal U.S. negotiating objective regarding transparency is to obtain broader application of the principle of transparency through increased public access to information regarding trade issues, clarification of the costs and benefits of trade policy actions, and the observance of open and equitable procedures by U.S. trading partners and within the WTO. Declares that the principal U.S. negotiating objectives regarding developing countries are: (1) ensuring that developing countries promote economic development by assuming the fullest possible measure of responsibility for achieving and maintaining an open international trading system by providing reciprocal benefits and assuming equivalent obligations with respect to their import and export practices; and (2) establishing procedures for reducing nonreciprocal trade benefits for the more advanced developing countries. Declares that the principal U.S. negotiating objective regarding current account surpluses is to promote policies to address large and persistent global current account imbalances of countries by imposing greater responsibility on such countries to undertake policy changes aimed at restoring current account equilibrium through expedited implementation of trade agreements where feasible and appropriate. Declares that the principal U.S. negotiating objective regarding access to high technology is to obtain the elimination or reduction of foreign barriers to, and acts, policies, or practices by foreign governments which limit, equitable access by U.S. persons to foreign-developed technology. Declares that the principal U.S. negotiating objective regarding border taxes is, within the WTO, to obtain a revision of the treatment of border adjustments for internal taxes in order to redress the disadvantage to countries that rely primarily on direct taxes rather than indirect taxes for revenue. Declares that the principal U.S. negotiating objectives regarding regulatory competition are: (1) ensuring that foreign government regulations and other government practices do not unfairly discriminate against U.S. goods, services, or investment; and (2) preventing the use of foreign government regulation and other government practices, including the lowering of, or derogation from, existing labor, health and safety, or environmental standards, for the purpose of attracting investment or inhibiting U.S. exports. States that it is U.S. policy to reinforce the trade agreements process by: (1) fostering stability in international currency markets and developing mechanisms to assure greater coordination, consistency, and cooperation between international trade and monetary systems and institutions in order to protect against the trade consequences of significant and unanticipated currency movements; (2) supplementing and strengthening standards for protection of intellectual property rights under conventions designed to protect such rights that are administered by non-WTO international organizations, expanding the conventions to cover new and emerging technologies, and eliminating discrimination and unreasonable exceptions or pre-conditions to such protection; (3) promoting respect for workers' rights; and (4) expanding the production of goods and trade in goods and services to ensure the optimal use of the world's resources while seeking to protect and preserve the environment and to enhance the international means for doing so. (Sec. 3) Sets forth the authority of the President to enter trade agreements with foreign countries regarding tariff and non-tariff barriers. Allows the President to enter into such agreements before October 1, 2001 (or before October 1, 2005, if trade authorities are extended according to a specified congressional procedure). States that a trade agreement may be entered only if it makes progress in meeting the applicable objectives, and the President satisfies certain congressional consultation requirements, set forth in this Act. Declares that bills implementing trade agreements may qualify for congressional trade agreement approval (fast-track) procedures only if they consist solely of: (1) provisions approving a trade agreement entered into under this Act that achieves one or more of the principal negotiating objectives set forth above, and approving any statement of administrative action; (2) provisions that are necessary to implement such agreement or otherwise related to the implementation, enforcement, and adjustment to the effects of such trade agreement and are directly related to trade; and (3) provisions necessary to comply with budget offset requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides for extension of fast-track procedures to agreements entered into on or after October 1, 2001, and before October 1, 2005, upon the President's request if neither House of the Congress adopts an extension disapproval resolution according to a specified procedure. (Sec. 4) Prescribes requirements for presidential notice and consultation with the Congress before negotiations on tariff and nontariff barrier agreements. Requires the President to consult with specified congressional committees before entering an agreement. Provides that in the course of negotiations conducted under this Act, the United States Trade Representative shall consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations appointed under the Trade Act of 1974, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives. (Sec. 5) Requires the President to notify the Congress within 90 days of entering an agreement. Requires the President, within 60 days of signing an agreement, to submit to the Congress a preliminary list of changes to existing laws considered mandatory to bring the United States into compliance with the agreement. Provides that fast-track procedures shall not apply to any implementing bill that contains a provision approving any agreement regarding tariff and non-tariff barriers with any foreign country if the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives disapprove of the negotiation of the agreement before the close of the 90-calendar day period that begins when notice is provided with respect to the negotiation of such agreement. Authorizes both Houses of Congress to adopt, within 60 days of each other, a procedural disapproval resolution denying fast-track to any trade agreement if the President has failed or refused to notify or consult with the Congress about it. (Sec. 6) Exempts from notice and certain consultation requirements of this Act agreements that result from negotiations which were commenced before the enactment of this Act: (1) under the auspices of WTO regarding trade in information technology products; (2) pursuant to a Uruguay Round Agreement; or (3) with Chile. (Sec. 8) Amends the Trade Act of 1974 to authorize appropriations to the Departments of Labor and of Commerce through FY 2000 for trade adjustment assistance (TAA) for workers and for firms, respectively. Postpones termination of the TAA programs until the end of FY 2000. (Sec. 9) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend from FY 1997 through 1998 the inapplicability of the exemption for certain customs services fees involving the arrival of any passenger whose journey originated in Canada or Mexico, or originated in the United States but was limited to those countries.
United States · United States Congress · 8 October 1997
Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for design, construction, rehabilitation, and repair of high priority facilities that directly enhance the experience of park visitors within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition. Requires a study concerning the effects of this Act.
United States · United States Congress · 8 October 1997
Federal Transit Act of 1997 - Amends Federal mass transportation law to extend through FY 2003 the authorization of appropriations for various mass transit programs, including: (1) urban and rural area formula grants; (2) New Starts for fixed guideway systems; (3) fixed guideway modernization; (4) bus programs; (5) elderly and handicapped transit services; and (6) planning. Sets aside certain amounts for various purposes, including planning, programming, and research, and workplace safety. (Sec. 3) Revises the definition of capital project to include intelligent transportation systems and preventive maintenance, as well as leasing of equipment and facilities and introduction of new technology. Sets forth eligible costs of capital projects that enhance economic development or incorporate private investment, including safety elements and community services facilities. Authorizes the Secretary of Transportation to make capital project grants to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000 (small area flexibility). (Sec. 4) Revises metropolitan planning requirements, including those relating to development, process scope, goals, metropolitan planning organizations' duties, metropolitan transportation improvement program, information publication, and transportation management areas. Sets forth statewide planning requirements, including development requirements, planning process scope, coordination with metropolitan planning, State air quality implementation plan, long-range transportation plan, information publication, and State transportation improvement program. (Sec. 5) Requires metropolitan planning organizations to include representatives of the users of public transit. (Sec. 6) Allows State and local mass transit entities to use proceeds from issuance of farebox revenue bonds in meeting the required local share of funding for capital projects; but requires State maintenance of effort with respect to non-Federal transportation capital expenditures. (Sec. 7) Establishes a clean fuels formula grant program for vehicles powered by compressed natural gas, liquefied natural gas, biodiesel fuels, batteries, alcohol-based fuels, or hybrid electric, fuel cell, or other zero emissions technology. Provides for assistance to eligible mass transit entities for projects to: (1) purchase or lease such vehicles; (2) construct or lease clean fuel vehicle fueling or electrical recharging facilities and equipment; (3) improve existing transit facilities to accommodate clean fuel vehicles; and (4) cover incremental costs of biodiesel fuel. Provides for apportionment of funds to eligible entities in specified types of areas with certain conditions. Requires the use of a specified portion of funds for: (1) purchase or construction of hybrid electric or battery-powered buses; or (2) facilities specifically designed to service those buses. Authorizes appropriations. (Sec. 8) Renames specified discretionary grants and loans as capital investment grants and loans. (Sec. 9) Requires the Secretary, in deciding whether to approve a grant or loan for a capital project for a new or extended fixed guideway system, to recognize reductions in local infrastructure costs achieved through compact land use development. (Sec. 10) Limits to not more than eight percent for any fiscal year the amount of funding under the New Starts program that may be used for fixed guideway system activities other than final design and construction. (Sec. 11) Establishes a joint partnership program for deployment of innovation. Authorizes the Secretary to make grants, contracts, and cooperative and other agreements with selected consortia to promote the early deployment of innovation in mass transportation technology, services, management, or operational practices. Requires such program to be carried out by competitively selected public-private partnerships that will share costs, risks, and rewards of early deployment of innovation with broad applicability. Requires assisted consortia to provide at least 50 percent of the costs of any joint partnership project. (Sec. 12) Authorizes National Mass Transportation Institute programs to include courses in workplace safety. (Sec. 13) Restores current law designating and funding University Research Institutes and Regional and National University Transportation Centers, by repealing their repeal by the highway program reauthorization legislation as reported by the Senate Environment and Public Works Committee in S. 1173 on September 17, 1997. (Sec. 14) Establishes a job access grants program. Authorizes the Secretary to make grants to qualified entities for up to 50 percent of the costs of projects to develop transportation services for welfare recipients and eligible low-income individuals to and from jobs and employment-related activities. Authorizes appropriations, allocated: (1) 60 percent for projects in urbanized areas with populations of not less than 200,000; (2) 20 percent for projects in urbanized areas with populations of less than 200,000; and (3) 20 percent for projects in areas other than urbanized areas. (Sec. 15) Makes specified formula and discretionary grant requirements apply to any project that receives any assistance from an infrastructure bank or through other financing under subtitle C of title I of the Intermodal Surface Transportation Efficiency Act of 1997. (Sec. 16) Requires that governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services: (1) participate and coordinate with recipients of assistance under Federal mass transit law in the design and delivery of transportation services; and (2) be included in the planning for those services. (Sec. 17) Allows recipients of specified Federal transportation assistance to sell any asset (including real property) acquired with such assistance, with no further obligation to the Government, if they: (1) determine that it is no longer needed for the purpose for which it was acquired; and (2) use the proceeds of the sale for the provision of mass transportation services. (Sec. 18) Requires the Secretary, in distributing operating assistance to urbanized areas with a population of one million or more under the most recent census, to direct each such area to give priority consideration to the impact of reductions on operating assistance on smaller transit authorities operating within the area, and to consider their needs and resources. (Sec. 19) Revises distribution formulas for apportionment of appropriations under the fixed guideway modernization program. Requires route segments to be included in specified apportionment formulas. (Sec. 20) Directs the Secretary to study and report to specified congressional committees on: (1) whether the formula for apportioning specified funds to urbanized areas accurately reflects the transit needs of such areas; and, if not, (2) whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more passengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000.
United States · United States Congress · 8 October 1997
TABLE OF CONTENTS: Title I: Highway Safety Title II: Traffic Safety Title III: Hazardous Materials Transportation Reauthorization Title IV: Comprehensive One-Call Notification Title V: Motor Carrier Safety Title VI: Rail and Mass Transportation Anti-Terrorism and Safety Intermodal Transportation Safety Act of 1997 - Title I: Highway Safety - Amends Federal transportation law to require the Secretary of Transportation to makes grants to States that take specified actions to advance highway safety with respect to: (1) alcohol-impaired driving countermeasures (including a graduated licensing system for drivers under age 21); (2) motor vehicle occupant protection (including safety belts and child passenger protection devices); (3) State highway safety data improvements; and (4) drugged driver countermeasures. (Sec. 102) Authorizes the Secretary to enter into an agreement with an organization representing the interests of the States to manage, administer, and operate the National Driver Register's computer timeshare and user assistance functions. Authorizes the head of a Federal agency that issues motor vehicle operator's licenses to request information about an individual applicant from the chief driver licensing official of a State. (Sec. 103) Authorizes appropriations for FY 1998 through 2003 for consolidated State highway safety programs and for the National Driver Register. Title II: Traffic Safety - Requires transfer to a State's highway safety programs of increasing specified percentages of the State's apportionments for the national highway system, the surface transportation program, and resurfacing, restoring, rehabilitating, and reconstructing the Interstate System, if the State fails by certain deadlines to enact and have in continuous effect a primary enforcement safety belt use law. (Sec. 202) Authorizes the Secretary to engage in activities that improve worldwide motor vehicle safety through appropriate activities, including: (1) promoting adoption of international and national vehicle standards harmonized with, functionally equivalent to, or compatible with U.S. standards; (2) participating in efforts to foster an international acceptance of globally harmonized and-or functionally equivalent or compatible motor vehicle regulations and standards; (3) promoting international cooperative programs for research, development, demonstration projects, training, and other forms of technology transfer and exchange; and (4) providing technical assistance to other countries relating to their adoption of U.S. vehicle regulations or standards functionally equivalent to U.S. standards. Title III: Hazardous Materials Transportation Reauthorization - Repeals the Secretary's authority to prescribe criteria for handling hazardous material. (Sec. 307) Repeals the mandate of the Director of the Federal Emergency Management Agency to distribute the hazardous materials training curriculum for the public sector. (Sec. 308) Directs the Secretary to: (1) monitor public sector emergency response planning and training for an accident or incident involving hazardous material; and (2) provide technical assistance to a State, local government, or Indian tribe for carrying out such training and planning. Permits the Secretary to authorize a State or Indian tribe receiving a planning and training grant to use up to 25 percent of it to assist small businesses in complying with regulations. (Sec. 312) Authorizes Department of Transportation (DOT) officers, employees, or agents, during an inspection, to: (1) open, examine, sample, and analyze the contents of a package marked or otherwise represented as containing a hazardous material, or about which there is an objectively reasonable and articulable belief that the package may contain such material; and (2) prevent the further transportation of any material when there is an objectively reasonable and articulable belief that an imminent hazard may exist, until the material's hazardous qualities have been determined. Requires inspectors to mark a package found to contain hazardous materials, and notify the shipper before the package may continue in transportation. Directs the Secretary to issue or impose immediate restrictions, prohibitions, recalls, or out-of-service orders, without notice or the opportunity for a hearing, that may be necessary to abate an emergency situation. (Sec. 313) Prescribes criminal penalties for knowing violations of law or regulations governing the transportation of hazardous materials. (Sec. 315) Provides for judicial review of final orders and civil or criminal penalties. (Sec. 316) Directs the Secretary to study the feasibility and desirability of a Federal permit program for high risk hazardous material carriers, including alternative regulatory methods and procedures that may improve the safety of such carriers and shippers. (Sec. 317) Authorizes appropriations for FY 1998 through 2003. Title IV: Comprehensive One-Call Notification - Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. (Sec. 402) Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations. Title V: Motor Carrier Safety - Provides for performance-based grants to States for: (1) improving motor carrier safety; and (2) enforcing regulations for hazardous materials transportation safety. Requires State plans under such grants to implement performance-based activities by FY 2000. (Sec. 503) Makes 100 percent the Federal share of public education activities with respect to commercial motor vehicle safety programs and enforcement. (Sec. 504) Authorizes appropriations for commercial motor vehicle safety programs for FY 1998 through 2003. (Sec. 505) Authorizes the Secretary to establish motor carrier information systems and data analysis programs to support motor carrier regulatory and enforcement activities. Requires such information systems, in cooperation with the States, to be coordinated into a network providing identification of motor carriers and drivers, registration and licensing tracking, and motor carrier and driver safety performance. Requires the Secretary to develop and maintain data analysis capacity and programs to provide the means: (1) to develop strategies to address safety problems and to use data analysis to measure the effectiveness of these strategies and related programs; (2) to determine the cost effectiveness of State and Federal safety compliance, enforcement programs, and other countermeasures; (3) to evaluate the safety fitness of motor carriers and drivers; (4) to identify and collect necessary data; and (5) to adapt, improve, and incorporate other information and information systems as deemed appropriate by the Secretary. Requires the Secretary to include, as part of the DOT motor carrier safety information network system, a Performance and Registration Information Systems Management information system to serve as a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles and the safety system of the commercial motor vehicle registrants or the motor carriers operating the vehicles. Authorizes the Secretary to establish a program focusing on improving commercial motor vehicle driver safety. (Sec. 506) Directs the Secretary to carry out a pilot program in cooperation with one or more States to: (1) improve upon the timely exchange of pertinent driver performance and safety records data; and (2) determine to what extent such data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under DOT oversight. (Sec. 507) Requires specified allocations of appropriations for each of FY 1998 through 2003 for activities designed to advance commercial motor vehicle and driver safety, with any obligation, contract, cooperative agreement, or support granted in excess of $100,000 to be awarded on a competitive basis. (Sec. 508) Authorizes FY 1998 through 2003 appropriations for information systems and strategic safety initiatives. Repeals the existing truck and bus accident grant program. (Sec. 511) Repeals the requirement for State submission of commercial motor vehicle safety laws and regulations to the Secretary for review, including the mandate for the Commercial Motor Vehicle Safety Regulatory Review Panel. Prohibits motor carriers, including passenger and hazardous material carriers, which fail to meet safety fitness requirements from operating in interstate commerce. (Sec. 512) Repeals grant programs for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing commercial drivers' licenses and complying with State participation requirements. Declares that no action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against: (1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary; (2) a person who has complied with such a request; or (3) the agents or insurers of such persons. (Sec. 513) Revises civil penalties for violations of Federal law with respect to commercial motor vehicle safety. (Sec. 514) Repeals the mandate for a working group of State and local government officials with respect to the International Registration Plan and International Fuel Tax Agreement. Repeals the authority for grants to States and appropriate persons to facilitate participation in such Plan and Agreement, as well as the authorization of appropriations for the program. (Sec. 515) Directs the Secretary to conduct studies to determine the location and quantity of parking facilities at commercial truck stops and travel plazas and public rest areas that could be used by motor carriers to comply with Federal hours-of-service rules. (Sec. 518) Revises the Secretary's authority with respect to charter bus transportation. (Sec. 519) Requires the DOT to maintain the level of Federal motor carrier safety investigators as in effect on September 30, 1997, or provide for alternative resources and mechanisms to ensure an equivalent level of commercial motor vehicle safety inspections. (Sec. 520) Directs the Secretary to determine the willingness and ability of any foreign motor carrier that applied to operate in the United States before January 1, 1996, to meet the safety fitness and other regulatory requirements under this title. Requires a related report to specified congressional committees. (Sec. 521) Authorizes the Secretary to establish a Commercial Motor Vehicle Safety Advisory Committee to give advice on commercial motor vehicle safety regulations and assistance in negotiated rulemaking procedures. (Sec. 522) Authorizes the Secretary to carry out pilot programs to examine innovative approaches or alternatives to existing commercial motor vehicle safety regulations. Title VI: Rail and Mass Transportation Anti-Terrorism and Safety - Amends the Federal criminal code to prohibit the use of firearms, dangerous weapons, and propelling objects against railroad trains and mass transportation. (Sec. 604) Requires the Federal Bureau of Investigation to lead the investigation of all such offenses (including existing offenses under the "Wrecking Trains" statute). (Sec. 605) Requires the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues in making a mass transportation grant or loan that concerns a railroad subject to the Secretary's railroad safety jurisdiction. (Sec. 606) Changes the frequency with which rail carriers must file accident and incident reports with the Secretary from monthly to periodically.
United States · United States Congress · 8 October 1997
Directs the Secretary of Education to accept, as if timely received, an application from the Maconaquah School Corporation, Bunker Hill, Indiana, for payments for FY 1996 under the Impact Aid program of the Elementary and Secondary Education Act of 1965. Directs the Secretary of Defense to treat any data included in such application and approved by the Secretary of Education as data be used for purposes of determining such School Corporation's eligibility for FY 1997 payments, and the amount of such payments, under a related Department of Defense assistance program of the National Defense Authorization Act for Fiscal Year 1993.
United States · United States Congress · 8 October 1997
Amends the Internal Revenue Code to set forth standards for determining the employer-employee relationship.
United States · United States Congress · 8 October 1997
Sets forth the rule (modified closed) for the consideration of H.R. 2607 (District of Columbia appropriations).
United States · United States Congress · 8 October 1997
Waives points of order against the consideration of the conference report on H.R. 2169 (Department of Transportation and related agencies appropriations).
United States · United States Congress · 7 October 1997
Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.
United States · United States Congress · 7 October 1997
TABLE OF CONTENTS: Title I: Revisions to Sanctions for Fraud and Abuse Subtitle A: Exclusion Authority Subtitle B: Civil Monetary Penalties Subtitle C: Criminal Penalties Subtitle D: Miscellaneous Provision Title II: Improvements in Protecting Program Integrity Subtitle A: General Provisions Subtitle B: Other Provisions Title III: Provider Enrollment Process; Fees Title IV: Payment Improvements Subtitle A: Mental Health Partial Hospitalization Services Subtitle B: Rural Health Clinic Services Medicare and Medicaid Beneficiary Protection Act of 1997 - Title I: Revisions to Sanctions for Fraud and Abuse - Subtitle A: Exclusion Authority - Amends title XI of the Social Security Act (SSA) to make various specified technical revisions with respect to: (1) mandatory exclusion of certain individuals and entities from participation in Medicare and State health care programs; (2) civil monetary penalties; and (3) criminal penalties for acts involving Federal health care programs. (Sec. 101) Applies mandatory exclusion based on a felony conviction relating to controlled substance to: (1) health care practitioners, providers, or suppliers; (2) persons with an ownership or control interest in a health provider or supplier; (3) officers, directors, agents, or managing employees of such an entity; and (4) health care employees generally. (Sec. 103) Extends the application of sanctions to: (1) all Federal health care programs, including the Federal Employees Health Benefits program; and (2) individuals who have had, as well as those who currently have, a direct or indirect ownership or control interest in a sanctioned entity. Subtitle B: Civil Monetary Penalties - Amends SSA title XI civil monetary penalty requirements to: (1) eliminate the "knowing" standard with respect to improperly filed claims provisions; (2) establish civil monetary penalties for medical or other items or services ordered or prescribed by an excluded individual or entity; (3) permit the Secretary of Health and Human Services (HHS) to pursue civil monetary penalty actions after consulting the Attorney General (currently, only as the Attorney General authorizes); and (4) extend subpoena and injunction authority to provisions for the exclusion of certain individuals and entities from participation in Medicare and State health care programs. (Sec. 116) Amends SSA title XVIII to state that each act of a non-participating physician for which a sanction may be applied with respect to an item or service shall be treated as a claim for payment for that item or service, and the amount of such claim shall be considered to be the amount of the request for payment made by that physician with respect to that item or service. (Sec. 117) Applies anti-dumping sanctions to physicians who refuse an appropriate transfer at a hospital with specialized capabilities or facilities. Subtitle C: Criminal Penalties - Amends SSA title XI to revise criminal penalties for acts involving Federal health care programs: (1) eliminating the "willful" standard (requiring only a "knowing" standard) for illegal remunerations; (2) repealing the exemption from kickback penalties for organizations and individuals involved in risk-sharing contracts; and (3) applying anti-kickback penalties to all Federal health care programs. (Sec. 124) Amends the Federal criminal code to provide for the treatment of certain SSA crimes as Federal health care offenses. Subtitle D: Miscellaneous Provision - Amends SSA title XI to repeal the Secretary's authority to issue advisory opinions providing guidance for application of health care fraud and abuse sanctions. (Sec. 132) Repeals the requirement for TIN numbers and adds a requirement for social security account numbers and Federal employer identification numbers as identification numbers to be used with the adverse action data base. Requires that such data base information be made available to private accreditation organizations, and other agencies, organizations, hospitals, and health care entities to which information on licensing sanctions may be disclosed. Title II: Improvements in Protecting Program Integrity - Subtitle A: General Provisions - Amends SSA titles XI (as amended by the Balanced Budget Act of 1997) and XVIII to exempt from the automatic stay requirements of the Federal bankruptcy code and to make nondischargeable in bankruptcy proceedings: (1) any civil monetary penalty or program exclusion imposed on a health care provider by the HHS Office of Inspector General; and (2) any recoupment of a Medicare overpayment. (Sec. 202) Amends SSA title XI, as amended by the Balanced Budget Act of 1997, to direct the HHS Secretary to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care entities; and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each entity's substantial compliance with payment requirements. Amends SSA titles XVIII and XIX to require covered health care entities to make annual payments to the Secretary for such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting the audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered entities. (Sec. 203) Amends SSA titles XVIII and XIX to make Medicare carriers, State Medicaid agencies, and fiscal intermediaries liable to the Secretary for any payment of claims submitted by excluded providers after the Secretary notifies the organization or agency of such exclusion. (Sec. 204) Bases Medicare payment for hospital outpatient department services on payment rates for similar services provided outside the hospital setting. Directs the Medicare Payment Advisory Commission to report to the Congress and the HHS Secretary on whether the diagnosis-related group (DRG) weighting factors associated with emergency care are adequate to cover the costs of emergency room use within discharges classified within such groups. Directs the HHS Secretary, taking into account such report, to make appropriate adjustments in such DRG weighting factors for discharges occurring on or after January 1, 2000, as may be appropriate to ensure that hospital emergency room costs attributable to Medicare patients are appropriately covered. (Sec. 205) Amends SSA title XVIII (Medicare) to direct the HHS Secretary to publish a standard form for certificates of medical necessity and certificates of terminal illness. (Sec. 206) Provides for no mark-up in the payment amount established for drugs, biologicals, or parenteral nutrients. Directs the HHS Secretary to modify the standard claim form used under Medicare part B (Supplementary Medical Insurance) for physicians' services so that it provides for the reporting of the national drug code number for any prescription drug for which such a number has been assigned. (Sec. 207) Provides for adjustments in hospital payments to reflect excess payment resulting from a financial interest with one or more home health (down-stream) facilities. Subtitle B: Other Provisions - Amends SSA title XVIII, as amended by the Balanced Budget Act of 1997, to direct the Secretary to provide that each explanation of Medicare benefits for home health services shall include the total amount that the home health agency or other provider of such services billed for such services. (Sec. 212) Prohibits "cold call" door-to-door or telephone marketing for Medicare+Choice plans and home health agencies. Title III: Provider Enrollment Process; Fees - Amends SSA title XVIII to authorize the Secretary to: (1) establish a procedure for enrollment and periodic reenrollment of individuals or entities that are not providers of services subject to the provisions on eligibility for payment but that furnish health care items or services under Medicare; and (2) impose fees for the initiation and renewal of provider agreements and for enrollment and periodic reenrollment of other individuals and entities furnishing health care items or services under Medicare. (Sec. 302) Directs the HHS Secretary, as appropriate, to require individuals, employers, health plans, and health care providers to provide their employer identification numbers and social security account numbers in order to receive a unique health identifier. Allows the Secretary to impose fees for issuing such identifiers. (Sec. 303) Mandates the imposition of administrative fees for collection of Medicare overpayments. Title IV: Payment Improvements - Subtitle A: Mental Health Partial Hospitalization Services - Amends SSA title XVIII to deny payment for mental health partial hospitalization services in an individual's home or in a skilled nursing facility. Prescribes additional qualifications for community mental health centers. (Sec. 403) Provides that, with respect to each community mental health center that furnishes partial hospitalization services for which payment is made under SSA title XVIII, the HHS Secretary shall provide for periodic recertification to ensure that the provision of such services complies with the Public Health Service Act. (Sec. 404) Authorizes the HHS Secretary to establish a prospective payment system for partial hospitalization services provided by a community mental health center. Limits Medicare beneficiary coinsurance to 20 percent of the new payment basis. (Sec. 405) Directs the HHS Secretary to implement a Medicare part B (Supplementary Medical Insurance) demonstration project under which community mental health centers may offer expanded partial hospitalization services (outpatient mental health services and other appropriate mental health services which are not partial hospitalization services) for purposes of providing for a full continuum of ambulatory behavioral health care services. Subtitle B: Rural Health Clinic Services - Amends SSA title XVIII to provide for decreased beneficiary cost sharing for rural health clinic services. (Sec. 412) Directs the HHS Secretary to establish a prospective payment system for rural health clinic services.
United States · United States Congress · 7 October 1997
Reciprocal Trade Agreements Act of 1997 - Sets forth the purposes of this Act, which are, through trade agreements affording mutual benefits, to achieve: (1) more open, equitable, and reciprocal market access for U.S. goods, services, and investment; (2) the reduction or elimination of barriers and other trade-distorting policies and practices; (3) a more effective system of international trading disciplines and procedures; and (4) economic growth, higher living standards, and full employment in the United States, and economic growth and development among U.S. trading partners. (Sec. 2) Sets forth the principal U.S. trade negotiating objectives for agreements regarding tariff barriers and agreements regarding tariff and non-tariff barriers. Declares that the principal U.S. trade negotiating objectives regarding a reduction of barriers to trade in goods include eliminating specified tariffs for products identified in the Uruguay Round Agreements Act. Declares that the principal U.S. negotiating objectives regarding trade in services are: (1) reducing or eliminating barriers to, or other distortions of, international trade in services, including regulatory and other barriers that deny national treatment or unreasonably restrict the establishment and operation of service suppliers in foreign markets; and (2) developing internationally agreed rules, including dispute settlement procedures, that are consistent with U.S. commercial policies and will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets. Declares that the principal U.S. negotiating objectives regarding foreign investment are: (1) reducing or eliminating artificial or trade-distorting barriers to foreign investment, expanding the principle of national treatment, and reducing unreasonable barriers to establishment; and (2) developing internationally agreed rules through the negotiation of investment agreements, including dispute settlement procedures, that will help ensure a free flow of foreign investment and will reduce or eliminate the trade distortive effects of certain trade-related investment measures. Declares that the principal U.S. negotiating objectives regarding intellectual property are: (1) promoting adequate and effective protection of intellectual property rights; (2) securing fair, equitable, and non-discriminatory market access opportunities for U.S. persons that rely on intellectual property protection; and (3) recognizing that the inclusion in the World Trade Organization (WT0) of adequate and effective substantive norms and standards for the protection and enforcement of intellectual property rights and dispute settlement provisions and enforcement procedures is without prejudice to other complementary initiatives undertaken in other international organizations. Declares that the principal U.S. negotiating objectives regarding agriculture are, in addition to those set forth in the Food Security Act of 1985, achieving on an expedited basis to the maximum extent feasible, more open and fair conditions of trade in agricultural commodities. Declares that the principal U.S. negotiating objectives regarding unfair trade practices are: (1) enhancing the operation and effectiveness of the relevant Uruguay Round Agreements and any other agreements designed to define, deter, discourage the persistent use of, and otherwise discipline, unfair trade practices having adverse trade effects, including forms of subsidy and dumping not adequately disciplined; and (2) obtaining the enforcement of WTO rules against trade-distorting practices of state trading enterprises and the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that substantial direct investment in the foreign country be made, intellectual property be licensed to the foreign country or to any firm of the foreign country or other collateral concessions be made, as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country. Declares that the principal U.S. negotiating objectives regarding safeguards are: (1) improving and expanding rules and procedures covering safeguard measures; (2) ensuring that safeguard measures are transparent, temporary, degressive, and subject to review and termination when no longer necessary to remedy injury and to facilitate adjustment; and (3) requiring notification of, and to monitor the use by, WTO members of import relief actions for their domestic industries. Declares that the principal U.S. negotiating objectives regarding improvement of the WTO and multilateral trade agreements are: (1) improving the operation and extending the coverage of the WTO and such agreements to products, sectors, and conditions of trade not adequately covered; and (2) expanding country participation in particular agreements, where appropriate. Declares that the principal U.S. negotiating objectives regarding dispute settlement are: (1) providing for effective and expeditious dispute settlement mechanisms and procedures in any trade agreement entered into under this authority; and (2) ensuring that such mechanisms within the WTO and agreements concluded under the auspices of the WTO provide for more effective and expeditious resolution of disputes and enable better enforcement of U.S. rights. Declares that the principal U.S. negotiating objective regarding transparency is to obtain broader application of the principle of transparency through increased public access to information regarding trade issues, clarification of the costs and benefits of trade policy actions, and the observance of open and equitable procedures by U.S. trading partners and within the WTO. Declares that the principal U.S. negotiating objectives regarding developing countries are: (1) ensuring that developing countries promote economic development by assuming the fullest possible measure of responsibility for achieving and maintaining an open international trading system by providing reciprocal benefits and assuming equivalent obligations with respect to their import and export practices; and (2) establishing procedures for reducing nonreciprocal trade benefits for the more advanced developing countries. Declares that the principal U.S. negotiating objective regarding current account surpluses is to promote policies to address large and persistent global current account imbalances of countries by imposing greater responsibility on such countries to undertake policy changes aimed at restoring current account equilibrium through expedited implementation of trade agreements where feasible and appropriate. Declares that the principal U.S. negotiating objective regarding access to high technology is to obtain the elimination or reduction of foreign barriers to, and acts, policies, or practices by foreign governments which limit, equitable access by U.S. persons to foreign-developed technology. Declares that the principal U.S. negotiating objective regarding border taxes is, within the WTO, to obtain a revision of the treatment of border adjustments for internal taxes in order to redress the disadvantage to countries that rely primarily on direct taxes rather than indirect taxes for revenue. Declares that the principal U.S. negotiating objectives regarding regulatory competition are: (1) ensuring that foreign government regulations and other government practices do not unfairly discriminate against U.S. goods, services, or investment; and (2) preventing the use of foreign government regulation and other government practices, including the lowering of, or derogation from, existing labor, health and safety, or environmental standards, for the purpose of attracting investment or inhibiting U.S. exports. States that it is U.S. policy to reinforce the trade agreements process by: (1) fostering stability in international currency markets and developing mechanisms to assure greater coordination, consistency, and cooperation between international trade and monetary systems and institutions in order to protect against the trade consequences of significant and unanticipated currency movements; (2) supplementing and strengthening standards for protection of intellectual property rights under conventions designed to protect such rights that are administered by non-WTO international organizations, expanding the conventions to cover new and emerging technologies, and eliminating discrimination and unreasonable exceptions or pre-conditions to such protection; (3) promoting respect for workers' rights; and (4) expanding the production of goods and trade in goods and services to ensure the optimal use of the world's resources while seeking to protect and preserve the environment and to enhance the international means for doing so. (Sec. 3) Sets forth the authority of the President to enter trade agreements with foreign countries regarding tariff and non-tariff barriers. Allows the President to enter into such agreements before October 1, 2001 (or before October 1, 2005, if trade authorities are extended according to a specified congressional procedure). States that a trade agreement may be entered only if it makes progress in meeting the applicable objectives, and the President satisfies certain congressional consultation requirements, set forth in this Act. Declares that bills implementing trade agreements may qualify for congressional trade agreement approval (fast-track) procedures only if they consist solely of: (1) provisions approving a trade agreement entered into under this Act that achieves one or more of the principal negotiating objectives set forth above, and approving any statement of administrative action; (2) provisions that are necessary to implement such agreement or otherwise related to the implementation, enforcement, and adjustment to the effects of such trade agreement and are directly related to trade; and (3) provisions necessary to comply with budget offset requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides for extension of fast-track procedures to agreements entered into on or after October 1, 2001, and before October 1, 2005, upon the President's request if neither House of the Congress adopts an extension disapproval resolution according to a specified procedure. (Sec. 4) Prescribes requirements for presidential notice and consultation with the Congress before negotiations on tariff and nontariff barrier agreements. Requires the President to consult with specified congressional committees before entering an agreement. Provides that in the course of negotiations conducted under this Act, the United States Trade Representative shall consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations appointed under the Trade Act of 1974, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives. (Sec. 5) Requires the President to notify the Congress within 90 days of entering an agreement. Requires the President, within 60 days of signing an agreement, to submit to the Congress a preliminary list of changes to existing laws considered mandatory to bring the United States into compliance with the agreement. Provides that fast-track procedures shall not apply to any implementing bill that contains a provision approving any agreement regarding tariff and non-tariff barriers with any foreign country if the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives disapprove of the negotiation of the agreement before the close of the 90-calendar day period that begins when notice is provided with respect to the negotiation of such agreement. Authorizes both Houses of Congress to adopt, within 60 days of each other, a procedural disapproval resolution denying fast-track to any trade agreement if the President has failed or refused to notify or consult with the Congress about it. (Sec. 6) Exempts from notice and certain consultation requirements of this Act agreements that result from negotiations which were commenced before the enactment of this Act: (1) under the auspices of WTO regarding trade in information technology products; (2) pursuant to a Uruguay Round Agreement; or (3) with Chile. (Sec. 8) Amends the Trade Act of 1974 to authorize appropriations to the Departments of Labor and of Commerce through FY 2000 for trade adjustment assistance (TAA) for workers and for firms, respectively. Postpones termination of the TAA programs until the end of FY 2000. (Sec. 9) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend from FY 1997 through 1998 the inapplicability of the exemption for certain customs services fees involving the arrival of any passenger whose journey originated in Canada or Mexico, or originated in the United States but was limited to those countries.
United States · United States Congress · 7 October 1997
Waives points of order against the consideration of the conference report on H.R. 2158 (Departments of Veterans Affairs and Housing and Urban Development and independent agencies appropriations).
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Appropriations; Authorized Levels Title II: Coast Guard Management Title III: Marine Safety and Environmental Protection Title IV: Miscellaneous Coast Guard Authorization Act for Fiscal Years 1998 and 1999 - Title I: Appropriations; Authorized Levels - Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges constituting obstructions to navigation and for personnel and administrative costs associated with the bridge alteration program; and (6) environmental compliance and restoration at Coast Guard facilities. (Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads. Title II: Coast Guard Management - Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers. Allows the Secretary of the Service (sic) in which the Coast Guard is operating to determine that the discharge or separation conditions of an officer receiving other than an Honorable Discharge do not warrant severance pay. (Sec. 202) Authorizes the Coast Guard Commandant to rent or lease vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery. (Sec. 203) Authorizes the Commandant to use up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base. (Sec. 204) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts. (Sec. 205) Authorizes the Commandant to provide for honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations. (Sec. 206) Sets forth requirements for the Coast Guard to transfer ownership of personal property to the Coast Guard Auxiliary. Title III: Marine Safety and Environmental Protection - Amends Federal law (relating to suspension and revocation of licenses, certificates of registry, or merchant mariner's documents) to mandate procedures ensuring that, after a serious marine incident, alcohol testing of crew members responsible for the operation or other safety-sensitive functions of the vessel(s) involved is conducted within two hours after the incident is stabilized. Increases the first-violation civil penalty dollar limit regarding operating a vessel under the influence of alcohol or a dangerous drug. (Sec. 302) Prohibits, for one year after the detention, using a vessel to transport U.S. Government-sponsored cargoes if the vessel has been detained for violation of an international safety convention. Allows a case-by-case exemption if the owner of a vessel provides compelling evidence of current compliance. (Sec. 303) Shields marine casualty investigation reports from public disclosure requirements in the same circumstances as are applicable generally to Federal agencies. (Sec. 304) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress by the Interagency Committee Coordinating Committee on Oil Pollution. (Sec. 305) Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. (Sec. 306) Expands the authority of Coast Guard civilian special agents to include serving process and making arrests. Title IV: Miscellaneous - Amends Federal law relating to vessels and seamen to remove a requirement that, in order to be eligible for documentation, a vessel must not be titled in a State. Declares that a documented vessel shall not be titled or required to display numbers (under provisions relating to numbering undocumented vessels) and requires surrender of any State title certificate issued for a documented vessel (but only if the mortgagee consents to the surrender). Modifies: (1) the circumstances in which a secured indebtedness may have any rate of interest agreed to by the parties; and (2) the steps a mortgagee may take on default of a preferred mortgage. Gives district courts original jurisdiction (exclusive of State courts) over certain preferred mortgage default actions regarding a vessel titled in a State. (Sec. 402) Authorizes conveyance, without consideration, of: (1) the Coast Guard Communication Station Boston Marshfield Receiver Site, Massachusetts, to the Town of Marshfield, Massachusetts; (2) the Coast Guard Recreation Facility Nahant, Massachusetts, to the Town of Nahant; (3) the Eagle Harbor Light Station, Michigan, to the Keweenaw County Historical Society; (4) the Coast Guard station Ocracoke, North Carolina, to the ferry division of the North Carolina Department of Transportation; and (5) the Long Branch Rear Range Light, Jacksonville, Florida, to the University of Jacksonville, Florida. (Sec. 407) Recognizes the community of Grand Haven, Michigan, as "Coast Guard City, USA."
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Reading Grants Title II: Amendments to Even Start Family Literacy Programs Title III: Funds for Federal Work-Study Programs Title IV: Repeals Reading Excellence Act - Title I: Reading Grants - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new title XV Reading Grants program. (Sec. 101) Authorizes the Secretary of Education to make competitive grants to State-established reading and literacy partnerships to make subgrants for local reading improvement programs and tutorial assistance programs. Provides for peer review panel evaluation of grant applications. Sets forth the requirements relating to partnership membership, contractual agreements, functions, duties, fiscal agency, pre-existing partnerships, multi-State partnerships, and performance reports. Requires partnerships that receive such grants to make competitive three-year local reading improvement subgrants to local educational agencies (LEAs) with one or more schools identified for school improvement. Sets forth requirements for subgrant duration, applications, agencies, priorities, authorized activities, and administrative costs. Allows subgrantees to train, on a fee-for-service basis, personnel from schools or LEAs that are not subgrant recipients, in the instructional practices based on reliable, replicable research on reading used by the recipient. Requires partnerships that receive such grants to make competitive tutorial assistance subgrants to LEAs with at least one school located in an empowerment or enterprise zone. Sets forth application requirements and authorized uses of such subgrants. Requires each partnership to: (1) use a specified portion of grant funds for evaluation of subgrantee programs by a research institution; and (2) submit the evaluation findings to the peer review panel. Requires the National Institute for Literacy to disseminate information on reliable, replicable research on reading and on subgrantee projects that have proven effective. Authorizes appropriations. Title II: Amendments to Even Start Family Literacy Programs - Amends ESEA to direct the Secretary to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services. (Sec. 203) Requires grant recipients to: (1) provide technical assistance for the evaluation of subgrant recipient local programs; and (2) develop indicators of program quality. (Sec. 205) Directs the Secretary to research through grant or contract into successful family literacy services to improve the quality of existing programs and to develop models for new programs. Revises provisions for the dissemination of information. Title III: Funds for Federal Work-Study Programs - Amends the Higher Education Act of 1965 to revise requirements for Federal Work-Study Programs. Provides funds for eligible institutions to compensate students employed as reading tutors for preschool through elementary children or family literacy projects. Revises training requirements for such students. Title IV: Repeals - Repeals certain unfunded education programs under various Federal laws. (Sec. 401) Repeals specified provisions of the Adult Education Act for: (1) business, industry, labor, and education partnerships for workplace literacy; (2) English literacy grants; (3) education programs for commercial drivers; and (4) adult literacy volunteer training. Repeals specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act for: (1) business-labor-education partnerships for training; (2) supplementary State grants for facilities and equipment and other program improvement activities; (3) community education employment centers and vocational education lighthouse schools; (4) demonstration programs; and (5) certain bilingual programs. Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994). Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program. Repeals provisions of ESEA for: (1) innovative elementary school transition projects; (2) school dropout assistance; (3) impact aid program; (4) special programs and projects to improve educational opportunities for Indian children; (5) special programs relating to adult education for Indians; (6) Federal administration of such special programs, including the National Advisory Council on Indian Education; (7) the De Lugo territorial education improvement program; (8) extended time for learning and longer school year; and (9) territorial assistance. Repeals the Family and Community Endeavor Schools Act. Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations. Repeals specified provisions of the Higher Education Act of 1965 for: (1) State and local programs for teacher excellence; (2) national teacher academies; (3) class size demonstration grants; (4) middle school teaching demonstration programs; (5) small State teaching initiative; (6) early childhood education training; and (7) grants to States for workplace and community transition training for incarcerated youth offenders. Amends the Higher Education Amendments of 1992 to eliminate the Olympic Scholarships program. Repeals specified provisions of the Rehabilitation Act of 1973 for: (1) career advancement training consortia; (2) vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; (4) comprehensive rehabilitation centers; (5) special demonstration programs; (6) reader services for blind individuals; (7) interpreter services for deaf individuals; (8) community service employment pilot programs for individuals with disabilities; and (9) business opportunities for individuals with disabilities. Eliminates certain demonstration activities, including: (1) transportation services grants; (2) projects to achieve high quality placement; (3) early intervention demonstration projects; (4) transition demonstration projects; (5) barriers to successful rehabilitation outcomes for minorities; (6) studies, special projects, and demonstration projects to study management and service delivery; (7) the National Commission on Rehabilitation Services; (8) model personal assistance services systems; (9) demonstration projects to upgrade worker skills; and (10) model systems regarding severe disabilities. Eliminates certain training activities, including: (1) distance learning through telecommunications; (2) training regarding impartial hearing officers; and (3) recruitment and retention of urban personnel. Repeals specified provisions of the Stewart B. McKinney Homeless Assistance Act for grants to State educational agencies for programs of literacy training and academic remediation for adult homeless individuals. Repeals specified provisions of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 for various training and demonstration projects, including programs for technology training, technology transfer, device and equipment redistribution information systems and recycling centers, business opportunities for individuals with disabilities, and products of universal design. Repeals specified provisions of the National Literacy Act of 1991 for the Family Literacy Public Broadcasting Program.
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Fiscal Year 1998 Appropriations Title II: District of Columbia Medical Liability Reform Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia Subtitle B: General Provisions Subtitle C: Effective Date Title III: District of Columbia Education Reform Act of 1997 Subtitle A: Amendments to District of Columbia School Reform Act of 1995 Subtitle B: Student Opportunity Scholarships Subtitle C: Other Education Reforms District of Columbia Appropriations, Medical Liability Reform, and Education Reform Act of 1998 - Makes appropriations for the District of Columbia for FY 1998. Title I: Fiscal Year 1998 Appropriations - District of Columbia Appropriations Act, 1998 - Appropriates Federal funds for: (1) the contribution to the operation of the District government; (2) the Office of the Inspector General; (3) a five percent pay increase for police officers who perform nonadministrative public safety services and meet certain minimum standards; (4) a five percent pay increase for uniformed fire fighters; (5) the public schools; (6) payment to the District's Corrections Trustee; (7) payment to the District's Corrections Trustee for Correctional Facilities; (8) payment to the District's criminal justice system; (9) the U.S. Park Police; and (10) the District of Columbia Scholarship Fund. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) the District of Columbia Taxpayers Relief Fund; (2) the District of Columbia Deficit Reduction Fund; (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; (9) the Washington Convention Center Enterprise Fund; (10) repayment of loans and interest; (11) repayment of the general fund recovery debt; (12) payment of interest on short-term borrowing; (13) certificates of participation; (14) human resources development; (15) the Management Reform and Productivity Fund; (16) critical improvements and repairs to school facilities and streets; (17) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (18) the Water and Sewer Authority and the Washington Aqueduct; (19) the Lottery and Charitable Games Enterprise Fund; (20) the Cable Television Enterprise Fund; (21) the Public Service Commission; (22) the Office of the People's Counsel; (23) the Department of Insurance and Securities Regulation; (24) the Office of Banking and Financial Institutions; (25) the Starplex Fund; (26) the District of Columbia (D.C.) General Hospital; (27) the D.C. Retirement Board; (28) the Correctional Industries Fund; and (29) capital outlay. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 128) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Bars the use of funds made available in this Act to enforce the Health Care Benefits Expansion Act of 1992 or to implement any system of registration of unmarried, cohabitating couples for purposes of extending employment, health, or governmental benefits to such couples on the same basis as extended to married couples. (Sec. 136) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 138) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to authorize District government agency heads, during FY 1998, to identify positions for abolishment. Requires any District employee in such a position, regardless of hiring date, to be separated without competition or assignment rights, except as provided by this section. Entitles an affected employee who, but for this section, would be entitled to compete for retention, to one round of lateral competition limited to positions in the employee's competitive level. Adds five years to the creditable service of employees who are bona fide District residents for reduction-in-force purposes. Considers certain nonresident District employees to be residents as well. Sets forth provisions regarding notification, contests of determinations or separations, and severance pay. Requires the Mayor to submit a listing of all positions to be abolished to the Council by March 1, 1998, or upon the delivery of termination notices to individual employees. Restricts providers from whom District employees may receive disability compensation services to District government medical officers and hospitals or physicians or managed care organizations approved by the Mayor. (Currently, employees have the option of choosing services by physicians or hospitals approved by the Mayor.) (Sec. 139) Establishes a ceiling on total operating expenses for the District for FY 1998. Sets forth conditions under which grants excluded from such ceiling may be accepted. Repeals provisions of certain laws which authorize the Authority and the Water and Sewer Authority to expend non-appropriated funds derived from interest or excess revenues. (Sec. 140) Amends the District of Columbia Home Rule Act to grant the Chief Financial Officer (CFO) authority to appoint and remove specified accounting, budget, and financial personnel, including employees of the District Lottery and Charitable Games Control Board. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. Prohibits the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's jurisdiction. Adds administering the District's Medicaid plan to the list of the CFO's duties. Sets forth procedures and conditions for removal of the CFO by the Authority or the Mayor. (Sec. 141) Prohibits any person from having disability status, for purposes of any District retirement program for teachers, police, or fire fighters, unless the determination of status is made by a single entity designated by the District to make such determinations. Requires the Mayor, by January 1, 1998, and every six months thereafter, to engage an enrolled actuary to provide an analysis of the actuarial impact of disability retirements occurring during the previous six-month period on the police and fire fighter retirement programs. (Sec. 142) Sets forth Buy-American requirements. (Sec. 143) Requires all Special Masters appointed by the District Superior Court or the U.S. district court for the District circuit to any District government agency to submit annual estimates of expenditures and appropriations to the Authority for inclusion in the annual budget. (Sec. 144) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to bar the commencement of corrective or adverse actions, for members of the Metropolitan Police Department, more than 120 days after the date the agency knew or should have known of the act allegedly constituting cause for action. (Sec. 145) Requires the Department to change the advance notice required to be given to officers for out-of-schedule assignments from 28 to 14 days. Bars overtime for such assignments if the Department provides the officer with 14 days' advance notice of the assignment change. (Sec. 146) Requires any unused surplus at the end of the fiscal year to be used to reduce the District's outstanding accumulated deficit, except as otherwise provided by this Act. (Sec. 148) Increases the salary of a sworn officer of the Metropolitan Police Department by five percent if the officer: (1) performs primarily nonadministrative public safety services; and (2) is certified by the Chief of the Department as having met certain minimum standards. (Sec. 149) Amends the District of Columbia Home Rule Act to prohibit the Council from enacting any act or rule which increases the payment for any individual under the Temporary Assistance for Needy Families Program to an amount greater than that provided under the District of Columbia Public Assistance Act of 1982, as in effect on the day after the effective date of the Public Assistance Temporary Amendment Act of 1997. (Sec. 151) Requires the Water and Sewer Authority to impose liens against properties with past due payments of 60 days or more. (Sec. 152) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1985 to prohibit the Authority from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's or Inspector General's jurisdiction. (Sec. 153) Requires the CFO to enter into a contract with a private entity for: (1) establishing an update of the present financial management system by June 30, 1998, to provide for the accurate and timely input and processing of financial data and the generation of reliable output reports; and (2) executing a process in accordance with "best practices" procedures of the information technology industry to determine the need for further improving such system. Sets forth short-term financial management system improvements. Directs a private entity to certify whether the District has implemented policies that will result in a disciplined approach to the acquisition of such system. Withholds funds for system replacement and improvement (excepting funds for the contracts described in this section) until certain Federal and District officials certify to specified congressional committees that the District has implemented such policies. (Sec. 154) Bars the use of funds made available under any Act to carry out any contract to conduct an annual audit of the complete financial statement and report of District activities for FY 1997 or any succeeding fiscal year unless the contract is entered into by the District Inspector General. Amends the District of Columbia Procurement Practices Act of 1985 to prohibit the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the Inspector General's jurisdiction. Sets forth procedures and conditions for removal of the Inspector General by the Authority or the Mayor. Requires District permit or license application forms to include the telephone number established by the Inspector General for reporting waste, fraud, and abuse. Directs the Inspector General to make quarterly reports to the Congress on the number and nature of calls and on the waste, fraud, and abuse detected as a result of such calls. (Sec. 155) Requires the use of direct deposit or checks through the mail for payments made by the District during FY 1998 or succeeding fiscal years. (Sec. 156) Sets forth information to be included in the District's independent annual audit. Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to provide for annual audits of the Authority. (Sec. 157) Amends the Uniform Disposition of Unclaimed Property Act of 1980 to shorten the time period under which specified unclaimed personal property shall be presumed to be abandoned. Sets forth criteria for the presumption of abandonment and updates reporting requirements for holders of such property. Requires holders of such property to notify owners of possession only if they have an accurate address and the value of the property is at least $50. Imposes a waiting period on the sale of such property. Bars any action by the Mayor to enforce reporting, delivery, or payment requirements with respect to such property more than ten years after the holder identified the property in a report to the Mayor or gave notice of a dispute regarding the property. Tolls the period of limitation in the absence of such report or notice. Prescribes penalties for failures to report, pay, or deliver property as required. (Sec. 158) Prohibits the use of funds made available in any Act by the District to obtain borrowing to finance or refund the accumulated general fund deficit existing as of September 30, 1997. Repeals provisions of the District of Columbia Revenue Act of 1939 and the District of Columbia Home Rule Act which permit the Secretary to make advances of funds to assist in liquidating such deficit and which authorize the issuance of general obligation bonds for such purpose, respectively. Amends the District of Columbia Home Rule Act to prohibit the District from borrowing any funds or issuing any bonds, notes, or obligations to repay any other borrowing or issuance unless: (1) the aggregate cost of the new borrowing or issuance does not exceed the aggregate cost of the original borrowing or issuance; and (2) the date provided for the final repayment of the new borrowing or issuance is not later than the date provided for the final repayment of the original borrowing or issuance. Requires all general obligation bonds to be sold at public sales. (Currently, private sales are authorized as well.) (Sec. 159) Reopens the portion of Pennsylvania Avenue in front of the White House to regular vehicular traffic beginning January 1, 1998. (Sec. 160) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require the Secretary, during any control year, to deposit the Federal contribution to the District into an escrow account held by the Authority, which shall allocate such funds to the Mayor. (A control year is any year in which a financial plan and budget approved by the Authority is in effect for periods in which the District is unable to meet certain financial obligations.) Requires District government officials or employees to provide specified congressional committees with information and materials upon request. Bars the use of funds made available in any Act by the District to grant a permit to any person to provide helicopter tours of the District. Title II: District of Columbia Medical Liability Reform - Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia - District of Columbia Medical Liability Reform Act of 1997 - Prohibits a District health care liability action from being brought after the two-year period beginning on the date the alleged injury was, or should have been, discovered. Bars actions five years after the alleged injury occurred. (Sec. 203) Limits noneconomic damages in such actions to $250,000. Permits only several, and not joint, liability with respect to noneconomic damages. (Sec. 204) Permits the award of punitive damages if the claimant establishes that the harm suffered was the result of conduct intended to cause harm or manifesting a conscious, flagrant indifference to the rights or safety of others. Limits punitive damages to the greater of three times the amount of damages awarded for economic loss or $250,000. (Sec. 205) Bars punitive damages against manufacturers or product sellers of drugs or medical devices which caused the claimant's harm if such a drug or device was subject to premarket approval or was approved by the Food and Drug Administration (FDA) or is generally recognized as safe and effective pursuant to FDA regulations. Absolves such manufacturers or product sellers from liability for punitive damages related to actions regarding tamper-resistant packaging unless the packaging or labeling is substantially out of compliance with Department of Health and Human Services regulations. (Sec. 206) Provides for periodic payments in cases where future and noneconomic losses exceed $50,000. (Sec. 207) Authorizes defendants in District health care liability actions to introduce evidence of collateral source payments. Bars providers of such payments from recovering amounts against claimants. Subtitle B: General Provisions - Makes this title inapplicable to actions for damages from vaccine-related injuries or death to the extent that the Public Health Service Act applies to such actions or actions under the Employee Retirement Income Security Act of 1974. Preempts District law to the extent such law is inconsistent with the limitations contained in this title. Provides that this title shall not preempt laws that provide additional defenses or limits to liability. Subtitle C: Effective Date - Applies this title to any District health care liability action and to any claim subject to an alternative dispute resolution system initiated after this title's enactment date. Requires actions or claims arising from injuries occurring prior to such date to be governed by the statute of limitations in effect at the time the injury occurred. Title III: District of Columbia Education Reform Act of 1997 - Subtitle A: Amendments to District of Columbia School Reform Act of 1995 - District of Columbia Education Reform Amendments Act of 1997 - Amends the District of Columbia School Reform Act of 1995 to remove the termination date for such Act. (Sec. 303) Revises the timetable for the approval of public charter school petitions. (Sec. 304) Increases the maximum allowable number of trustees for such schools. (Sec. 305) Requires the Mayor to lease certain unused or current school facilities or properties, at an annual rate of one dollar, to eligible charter school applicants whose petitions have been conditionally approved or a Board of Trustees, subject to certain conditions. Terminates such leases upon: (1) denial of an application to renew, or revocation of, a charter; (2) entry of a judicial order upholding denial or revocation; or (3) termination of a conditional approval. (Sec. 307) Provides for adjustments of annual payments for: (1) schools serving a high number of students to whom room and board in a residential setting are provided; and (2) public charter schools, upon request, to take into account leases or purchases of, or improvements to, real property. (Sec. 309) Revises provisions regarding payments for new schools. Establishes the New Charter School Fund for making annual payments for certain new public charter schools. Authorizes appropriations. (Sec. 310) Changes the eligibility criteria for a specified grant to a private, nonprofit corporation to eliminate the requirement that the business organization be a national organization. Subtitle B: Student Opportunity Scholarships - Authorizes the establishment of a private, nonprofit corporation to be known as the District of Columbia Scholarship Corporation. Establishes the District of Columbia Scholarship Fund in the Treasury. Authorizes appropriations. Requires the Corporation to implement a schedule and procedures for processing student scholarship applications. Lists eligibility requirements for institutions desiring certification for participation in the scholarship program. (Sec. 343) Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to students in kindergarten through grade 12 who are District residents and whose family income does not exceed 185 percent of the poverty line. Sets forth authorized uses of such scholarships, including the payment of tuition and fees at private or independent schools in Maryland and Virginia. (Sec. 349) Requires participating institutions to make annual reports on scholarship students. (Sec. 350) Directs the Comptroller General to enter into a contract for an independent evaluation of the scholarship program, including comparisons of test scores and graduation rates of scholarship students and District public school students of similar backgrounds, parent satisfaction with the program, and the impact of the program on District public schools. Authorizes appropriations. (Sec. 351) Grants the U.S. district court for the District circuit jurisdiction in actions challenging the scholarship program and makes district court orders reviewable by appeal directly to the Supreme Court. (Sec. 352) Makes this subtitle effective for FY 1998 through 2002. Subtitle C: Other Education Reforms - Reduces the number of full-time equivalent employees of District public schools whose principal duty is not classroom instruction. (Sec. 362) Requires District public schools to implement performance benchmarks for teachers, based on student ability to improve by at least one grade level each year on standardized tests, and to establish incentives to encourage teachers to meet such benchmarks. (Sec. 363) Provides for a waiver of certain contracting requirements with respect to construction or maintenance projects in District public schools. (Sec. 364) Makes real property of labor organizations located in the District subject to taxation by the District in the same manner as similar organizations. (Sec. 365) Requires District public school supervisory personnel to be appointed by, and act under the control of, the Emergency Transitional Education Board of Trustees. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (Sec. 366) Directs the District Auditor to report to the Congress and specified District entities on the number, and average daily attendance, of students enrolled in public schools. (Sec. 367) Requires the District public schools to submit budgets for FY 1998 for each elementary and secondary school to the Congress. (Sec. 368) Bars the use of funds made available in any Act by the District public schools to provide classroom instruction or child care services to any minor whose parent or guardian does not supply the schools with proof of the State of the minor's residence. (Sec. 369) Prohibits the use or transfer of funds made available in any Act for the District of Columbia School of Law if the school is not fully, unconditionally accredited by the American Bar Association by January 31, 1998. Excepts funds provided to assist students enrolled at the school who are District residents in paying tuition for enrollment at other law schools in the Washington area. (Sec. 370) Waives civil liability for acts or omissions of any person voluntarily providing goods or services to the District public schools. Makes such waiver inapplicable if the act or omission involved gross negligence or an intentional tort or is criminal in nature.
United States · United States Congress · 6 October 1997
Emergency Medical Services Enhancement Act of 1997 - Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by qualified volunteer emergency services organizations.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 3 October 1997
TABLE OF CONTENTS: Title I: Authorization of Appropriations Subtitle A: Authorizations Subtitle B: Limitations and Special Authority Title II: International Space Station Title III: Miscellaneous Provisions National Aeronautics and Space Administration Authorization Act for Fiscal Years 1998 and 1999 - Title I: Authorization of Appropriations - Subtitle A: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight; (2) science, aeronautics, and technology; (3) mission support; and (4) the Inspector General. Subtitle B: Limitations and Special Authority - Sets forth funds uses, limitations, and special authorities. Title II: International Space Station - Directs the Administrator to make specified commercialization reports with respect to the International Space Station. (Sec. 203) Prohibits: (1) transfer of funds to Russia or Russian contractors for work on the Station for which the Ryssian Government had pledged to pay; and (2) placement of U.S. astronauts on the Mir Space Station without specified safety certifications. Requires NASA to make contingency plans. (Sec. 204) Mandates a specified study by the National Research Council of the National Academy of Sciences concerning any specified potential effects on the assembly schedule, budget and capabilities of the Space Station. (Sec. 205) Directs the Administrator, in consultation with the Comptroller General, to: (1) establish an updated total life cycle cost estimate for the International Space Station; and (2) submit a specified report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science. Title III: Miscellaneous Provisions - Amends the National Aeronautics and Space Act of 1958 to revise certain reporting provisions. (Sec. 302) Allows the Administrator to acquire, where appropriate and cost effective, private sector space science and earth remote sensing data and space goods and services. (Sec. 304) Requires a specified report on space shuttle privatization. (Sec. 305) Amends the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 to make the launch voucher (demonstration) program permanent. (Sec. 308) Permits NASA to participate in the Next Generation Internet. (Sec. 310) Expresses the sense of the Congress that NASA should give high priority to correcting its computer systems with respect to the year 2000 problem. (Sec. 311) Amends the Unitary Wind Tunnel Plan Act of 1949 to include hypersonic wind tunnel construction within the scope of covered research and development facilities. (Sec. 312) Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools to enhance science and mathematics programs. (Sec. 313) Amends the National Aeronautics and Space Act of 1958 to permit the Administrator to vest title in tangible personal property to a participant in a cooperative agreement if the participant's primary purpose is research or technology development. (Sec. 314) Amends the Federal Acquisition Streamlining Act of 1994 to make modifications to, and extend the authority for, the NASA Mid-Range Procurement Test Program. (Sec. 315) Amends Federal law to prohibit the launch of a payload containing material for obtrusive space advertising. Requests the President to negotiate with foreign launching nations for the purpose of reaching one or more agreements prohibiting the use of outer space for obtrusive space advertising, and expresses the sense of the Congress that the President should take such action as is feasible to enforce the terms of any such agreement. (Sec. 316) Provides for the administration of the Commercial Space Center Program at NASA headquarters in Washington, D.C. (Sec. 317) Authorizes the provision of liability insurance and indemnification to developers of experimental aerospace vehicles.
United States · United States Congress · 3 October 1997
Federal Lands Management Adjustment Act - Provides that whenever a State applies for a transfer of authority to manage Federal lands located in such State and the Congress enacts legislation authorizing and directing such transfer, the Secretary with jurisdiction over such lands (Secretary of the Interior with respect to Bureau of Land Management (BLM) lands or Secretary of Agriculture with respect to National Forest System (NFS) lands) shall transfer management responsibilities to such State for the appropriate period. Outlines procedures for: (1) State applications for such management authority; (2) the granting of such authority; and (3) subsequent State management of such lands (including the continuation of all existing leases, permits, mineral rights, and other authorizations, and the collection of fees, rents, and other revenues). (Sec. 8) Authorizes appropriations to a State assuming such authority for three fiscal years following enactment of the legislation authorizing such transfer. (Sec. 10) Provides a ten-year term of State authority to manage eligible Federal lands, allowing such State to apply for an additional ten-year period or to apply for ownership of such lands. Provides for resumption of Federal authority over such lands if the term expires and no additional application is approved. (Sec. 12) Authorizes any nonprofit organization organized under the laws of a State in which the Federal lands are located to apply for authority to manage Federal lands comprising: (1) not less than all Federal lands within any BLM district or NFS unit in such State; and (2) not more than three BLM districts or NFS units, or a combination thereof, in the same general area. Outlines application requirements and procedures for granting management authority (including enactment of legislation authorizing such transfer) to such organizations. Authorizes appropriations to an organization assuming such authority for three fiscal years following enactment of the authorizing legislation. Provides an identical ten-year term of management authority for such organizations, with a right to apply for an additional ten-year period. Provides for resumption of Federal authority over such lands if such term expires and no additional application is approved. (Sec. 13) Provides venue in the appropriate State court for any action for which a State has assumed land management authority over Federal lands.
United States · United States Congress · 3 October 1997
TABLE OF CONTENTS: Title I: Ensuring the Effectiveness and Implementation of Federal Land Planning Part A: In General Part B: Resource Management and Management Activity Planning Part C: Challenges to Planning Title II: Coordination and Compliance with Other Environmental Laws Title III: Development of Ecoregion Assessments Title IV: Development of a Global Renewable Resources Assessment Title V: Administration Part A: In General Part B: Non-Federal Lands Part C: The Forest Resource Title VI: Miscellaneous Public Lands Management Improvement Act of 1997 - Provides that this Act shall prevail in the event of an inconsistency with other laws applicable to Federal lands, except for laws governing the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or the National Trails System and as otherwise provided. Title I: Ensuring the Effectiveness and Implementation of Federal Land Planning - Part A: In General - Requires the mission of the Secretaries of Agriculture and the Interior to be to manage Federal lands to furnish a sustainable flow of multiple goods and services while protecting and providing a full range and diversity of natural habitats of native species. (Sec. 103) Directs the Secretaries, in rendering decisions concerning resource management plans for and management activities on Federal lands, to utilize the best scientific and commercial data available. Part B: Resource Management and Management Activity Planning - Limits the Secretaries to two levels of planning for Federal lands comprised of: (1) multiple-use planning in the form of resource management plans for planning units; and (2) site or area specific planning for management activities. Authorizes the Secretaries to conduct analyses or assessments for geographical areas larger or smaller than designated planning units but bars their application to affected Federal lands unless the resource management plans for such units are amended or revised in accordance with this Act and other laws. Grants the Secretaries three years from this Act's enactment date to amend or revise plans to modify policies in plans which do not comply with this Act's planning requirements. Terminates noncomplying plans after such three-year period. (Sec. 105) Sets forth specific plan requirements, planning deadlines, and procedures for amending and revising plans to eliminate conflicts between plan provisions and the Secretaries' policies. (Sec. 107) Continues management activities during the amendment or revision process, except as otherwise required by this Act, court order, or a formal declaration of the Secretary concerned. (Sec. 109) Requires, in preparing or revising plans, consideration of the stability of each community dependent on the resources of the Federal lands to which a plan applies. (Sec. 110) Requires alternatives to plans or revisions developed by independent committees of local interest to be included in documentation related to environmental impact assessment analyses under the National Environmental Policy Act of 1969 (NEPA). Requires committees to be composed of interests representing commodity resource production and noncommodity resource protection, respectively. Authorizes funding to such committees for plan monitoring and implementation if the Secretary concerned adopts a significant part of a committee's alternative. Encourages the Secretaries to establish committees corresponding to planning units. (Sec. 111) Requires consideration of ecosystem management principles in environmental analysis documents prepared for plans and plan revisions. Directs the Secretaries, in such documents, to specify the fully allocated cost, expressed as a user or cost-per- beneficiary, of each noncommodity output from Federal lands to which plans apply. (Sec. 113) Sets forth procedures for citizen petitions to challenge plans or plan revisions. (Sec. 114) Requires the President's budget requests to the Congress governing the planning and management of Federal lands to include a statement of what funds would be required to achieve 100 percent of annual outputs specified in, and implement fully, the plan for each planning unit. Directs each Secretary to report annually to specified congressional committees on the total cost and costs per function or procedure incurred in the preparation of plans, ecoregion assessments, and significant plan revisions, including costs incurred by other Federal agencies. (Sec. 115) Requires each Secretary to report in each decision to undertake a management activity on Federal lands that the decision contributes to or, at a minimum, does not preclude, achievement of plan goals, land allocations, outputs, or policies. Provides for monitoring of plan implementation and Federal land management at least every two years. Part C: Challenges to Planning - Requires each Secretary to promulgate regulations to govern administrative appeals of decisions to approve plans and plan revisions and to approve or disapprove Federal land management activities. Replaces certain Forest Service regulations promulgated pursuant to provisions related to decisionmaking and appeals reform with those required by this Act. (Sec. 117) Sets forth provisions regarding judicial review of challenges to planning, citizen suits, and filing deadlines. Title II: Coordination and Compliance with Other Environmental Laws - Directs the Secretary concerned to prepare an environmental impact statement (EIS) pursuant to NEPA in developing a plan or plan revision. Requires environmental assessments (or an EIS if the nature or scope of activity is substantially different from, or greater than, consequences considered in the plan EIS) with respect to planning management activities on Federal lands. (Sec. 203) Directs the Bureau of Land Management (BLM) or the Forest Service, as appropriate, to ensure that plan or management activities are not likely to jeopardize the existence of any threatened or endangered species or result in the destruction or adverse modification of critical habitat. Sets forth procedures for certifying such agencies to perform certain consultation and biological assessment actions currently assigned to the Secretaries of the Interior or Commerce. (Sec. 204) Deems management activities on Federal lands which constitute a nonpoint source of water pollution certified by the State in which the Federal lands are located to meet best management practices to be in compliance with area wide waste treatment management plans and State nonpoint source management programs under the Clean Water Act. (Sec. 205) Deems a prescribed use of fire on Federal lands which, pursuant to a finding by a Forest Service supervisor or BLM district manager, would reduce the risk of greater emissions from a wildfire and will be conducted in a manner to minimize air quality impacts, to be in compliance with State implementation plans for air quality standards and any other Environmental Protection Agency requirements imposed under the Clean Air Act. Title III: Development of Ecoregion Assessments - Authorizes each Secretary to prepare or participate in the preparation of ecoregion assessments which may encompass all Federal and non-Federal lands within a region specified by the Secretary. Permits the inclusion of non-Federal lands only upon concurrence of the affected State's Governor. Provides for review of assessments and requires the Forest Service or BLM to determine whether a plan revision is warranted. Bars regulation of non-Federal lands based on an assessment. (Sec. 306) Authorizes the Consortium of Regional Forest Assessment Centers, through the University of Washington, to conduct a review of the Pacific Northwest Forest Plan and supporting documentation, including documents regarding the Northern spotted owl. Requires such review to be submitted to specified congressional committees. Authorizes appropriations. Title IV: Development of a Global Renewable Resources Assessment - Directs the National Council on Renewable Resources Policy (established by this Act) to prepare a Global Renewable Resources Assessment, to be submitted to specified congressional committees every five years. (Sec. 403) Establishes the Council. (Sec. 404) Repeals provisions of the Forest and Rangeland Renewable Resources Planning Act relating to a Renewable Resource Assessment and presidential budget requests for Forest Service activities. Title V: Administration - Part A: In General - Sets forth provisions regarding the presidential appointment and confirmation of the Chief of the Forest Service. (Sec. 502) Requires the Secretary of the Interior to establish a Public Lands Monitoring Fund and the Secretary of Agriculture to establish a Forest Lands Monitoring Fund. (Sec. 503) Authorizes interagency land transfers and interchanges of jurisdiction between the Secretaries to facilitate land management or achieve other public purposes, subject to specified conditions. (Sec. 505) Requires the General Accounting Office to conduct, and report to specified congressional committees on, a study of the feasibility and likely effects of prohibiting appropriations to the Forest Service and the BLM, except for activities conducted on or related to non-Federal lands, and permitting such agencies to retain for their use, without fiscal year limitation, all revenues from Federal lands minus funds necessary to make payments to State and local governments. Part B: Non-Federal Lands - Sets forth deadlines and processing requirements for applications for access through Federal lands to non-Federal lands pursuant to the Alaska National Interest Lands Conservation Act. (Sec. 507) Amends the Federal Land Policy and Management Act of 1976 to set forth certain procedural deadlines and requirements related to the exchange of Federal lands for non-Federal lands. Increases the maximum combined value of Federal lands that may be exchanged in exchanges of lands of approximately equal value. Part C: The Forest Resource - Authorizes the Secretaries to require, as a condition of any specific salvage sale of forest products from Federal lands or any sale of forest products constituting a forest health enhancement project, that the purchaser undertake a forest management activity which addresses effects of the sale or past sales or involves vegetation management within the sale or affected area. Sets forth financing provisions and authorizes the use of appropriated funds for such activities, subject to certain conditions. Requires the Secretary, prior to the advertisement of such sales, to determine the amount of forest health credits to be allocated to each activity to be performed by the purchaser. Permits the transfer of unused credits from one sale to another sale held by the same purchaser if the other sale applies to Federal lands under the jurisdiction of the same Secretary and is located in the same State as the original sale. Terminates the authority to offer such sales five years after this Act's enactment date but continues contracts in effect on such date. (Sec. 509) Requires the Secretary of the Interior to maintain a special fund to be derived from the Federal share of monies received from the salvage sales of forest products from BLM lands and to be available for planning, preparing, and administering such sales, subsequent site preparation and reforestation, and forest health enhancement projects. Credits the Federal share of all monies received from such sales and other specified activities on lands within the National Forest System to the Forest Service Permanent Appropriations. Lists purposes for which such funds shall be expended. Considers monies received from salvage sales and other activities funded by this section to be money received for purposes of computing and distributing payments to State and local governments under other law concerning the distribution of revenues derived from forest resources from affected lands. (Sec. 510) Requires the Secretaries, to the extent feasible and subject to specified conditions, to use private contractors to prepare sales for forest products. (Sec. 511) Permits purchasers of sales of forest products from Federal lands, with specified exceptions, to elect not to harvest the stands of trees subject to the sale. (Sec. 512) Amends the Federal Land Policy and Management Act of 1976 to bar the imposition of liability without fault for fire suppression costs with respect to a right-of-way granted or renewed to or for a nonprofit entity. Title VI: Miscellaneous - Authorizes appropriations to carry out this Act. (Sec. 604) Sets forth certain laws that will prevail in case of inconsistencies with this Act.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 1 October 1997
Amends the Internal Revenue Code to revise the aggregate amount of credits allowed so that such amount shall not exceed the sum of: (1) the taxpayer's regular tax liability; plus (2) the alternative minimum tax amount. Permits the standard deduction and the deduction for personal exemptions to be used in calculating alternative minimum taxable income.
United States · United States Congress · 1 October 1997
Economic Growth and Debt Reduction Act - Provides that, for purposes of this Act: (1) the initial direct spending targets for each of FY 1998 through 2002 shall equal total outlays for all direct spending except net interest as provided in H. Con. Res. 84 (105th Congress), the concurrent resolution on the budget for FY 1998; and (2) the revenue targets are the amounts provided in such resolution. Requires the President, as part of each Federal budget submitted to the Congress, to provide an annual review of direct spending and receipts, including: (1) information on total outlays for programs covered by the direct spending targets, including actual outlays for the prior fiscal year and projected outlays for the current and five succeeding fiscal years; and (2) any amount by which revenues for a budget year and any outyears through FY 2002 exceed the revenue target. Directs the Office of Management and Budget to include the amount of any changes in revenues as a deficit decrease under specified estimates and sequestration reports required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides that any amount not to exceed the amount of deficit decrease may only be offset by legislation decreasing revenues. Directs the President, if the information submitted indicates that actual outlays for direct spending in the prior fiscal year exceeded the applicable spending target or outlays for the current or budget year are projected to exceed targets, to include a special direct spending message in the budget. Requires such message to include: (1) an analysis of the variance in direct spending over the direct spending targets; (2) recommendations for eliminating overages, if any, in the prior, current, or budget year; and (3) the text of a special direct spending resolution implementing such recommendations through reconciliation directives instructing the appropriate committees to recommend changes in laws within their jurisdictions. Provides a point of order against consideration of any concurrent budget resolution unless it fully eliminates the entirety of any overage contained in the President's message. Makes special message and point of order procedures inapplicable for any fiscal year in which the overage is less than one-half of one percent of the direct spending target for that year. Applies this Act to direct spending targets and revenues for FY 1998 through 2002.
United States · United States Congress · 1 October 1997
IRS Customer Service Improvement Act - Requires the Internal Revenue Service (IRS) to develop and implement a plan to ensure that: (1) each phone call to the IRS is answered personally and in a timely manner by an IRS employee; and (2) every written IRS communication sent to a taxpayer is signed by an IRS employee who can be contacted for additional information. Requires the overpayment and the underpayment rate to be the Federal short-term rate. Revises provisions concerning mathematical or clerical errors. Provides for a one-year period of limitation (under the general rule, a three-year period) on certain additional assessments relating to certain returns. Provides an exception from the electronic fund transfer system when the amount of employment taxes attributable to annual payments made is $50,000 or less.
United States · United States Congress · 1 October 1997
Marriage Penalty Relief Act - Amends the Internal Revenue Code to allow as a deduction, on a joint return, an amount equal to the lesser of: (1) $30,000; or (2) the qualified earned income of the spouse with the lower qualified earned income.
United States · United States Congress · 30 September 1997
Surplus Protection Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that the purpose of pay-as-you-go provisions is to ensure that legislation (currently, legislation enacted before FY 2002) affecting direct spending or receipts that results in a net budget increase (currently, increases the deficit) will trigger an offsetting sequestration, except to the extent that the total budget surplus exceeds the social security surplus. Extends pay-as-you-go and other specified provisions through FY 2008. Defines "budget increase" and "budget decrease" to mean, for purposes of pay-as-you-go provisions, an increase or decrease, respectively, in direct spending outlays or a decrease or increase, respectively, in receipts relative to the baseline. Requires a sequestration to offset the amount of any net budget (currently, deficit) increase caused by all direct spending and receipts legislation. Applies a sequestration for a fiscal year only to the extent that any surplus, before the sequestration in the total budget (which includes both on- and off-budget Government accounts), is less than the combined surplus for that year in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.
United States · United States Congress · 30 September 1997
Audit of the IRS Act of 1997 - Directs the Secretary of the Treasury to arrange for an audit of the Internal Revenue Service by an independent external auditor. Sets forth provisions concerning: (1) selection of the auditor; (2) audit procedures; (3) confidentiality; (4) reporting audit results; and (5) funding the audit.
United States · United States Congress · 29 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2000; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2000. Prohibits the provisions of the preceding sentence from applying to taxes imposed by the following chapters of the Code: (1) two (relating to the tax on self-employment income); (2) 21 (Federal Insurance Contributions Act); and (3) 22 (Railroad Retirement Tax Act).
United States · United States Congress · 29 September 1997
TABLE OF CONTENTS: Title I: Highway Safety Title II: Hazardous Materials Transportation Reauthorization Title III: Sanitary Food Transportation Title IV: Rail and Mass Transportation Anti-Terrorism Title V: Rail and Mass Transportation Safety Title VI: Motor Carrier Safety Subtitle A: State Grants and Other Commercial Vehicle Programs Subtitle B: Motor Carrier Safety Act of 1997 Title VII: Research Subtitle A: Programs and Activities Subtitle B: Intelligent Transportation Systems Title VIII: Boating Safety Highway and Surface Transportation Safety Act of 1997 - Amends Federal transportation law to authorize the Secretary of Transportation to provide for awards to individuals and organizations that significantly contribute to Department of Transportation (DOT) programs, missions, or operations, including State and local governments, transportation unions, and commercial and nonprofit organizations. Title I: Highway Safety - Amends requirements for highway safety programs. Requires the Secretary to make safety incentive grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from persons driving under the influence of alcohol. Specifies requirements for such programs, including: (1) driver's license suspension or revocation systems; (2) three-stage graduated licensing; (3) nondiscriminatory vehicle-stopping to determine alcohol influence; and (4) certain alcohol-impaired driving countermeasures. Establishes incentive programs to: (1) improve data systems and identify priorities for State and local highway and traffic safety programs; and (2) increase safety belt and child safety seat use. Requires the Secretary to carry out safety research on, among other things, measures that may deter drugged driving. (Sec. 102) Revises the National Driver Register (NDR) statute to: (1) authorize the Secretary to enter into an agreement with an organization representing State interests to manage, administer, and operate NDR's computer timeshare and user assistance functions; (2) extend participation to specified other Federal departments or agencies; and (3) allow Federal agencies authorized to receive NDR information to make their requests and receive the information directly from NDR. (Sec. 103) Authorizes appropriations out of the Highway Trust Fund (HTF) for: (1) consolidated State highway safety programs; (2) National Highway Traffic Safety Administration operations and research; and (3) NDR. (Sec. 104) Authorizes the Secretary and the Administrator of the Environmental Protection Agency (EPA) to participate in the development of an international compendium of national motor vehicle standards, including both safety and environmental standards. Authorizes the Secretary or the Administrator to promote international cooperative programs for conducting research, development, demonstration projects, training, and other forms of technology transfer and exchange to enhance international motor vehicle safety, and provide technical assistance to other countries relating to their adoption of U.S. Federal standards for vehicles. Authorizes the Secretary and the Administrator of EPA to participate in international negotiations and agree to harmonized rules for vehicular safety and environmental pollution if certain conditions are met. (Sec. 108) Directs the Secretary to develop a program to notify U.S. dealers and distributors that Federal law prohibits the sale or delivery of a schoolbus that does not meet certain Federal motor vehicle safety standards. Title II: Hazardous Materials Transportation Reauthorization - Hazardous Materials Transportation Safety Reauthorization Act of 1997 - Repeals the Secretary's authority to prescribe criteria for handling hazardous material. (Sec. 205) Changes from discretionary to mandatory the Secretary's authority to impose a fee on persons who are required to file a registration statement for the transport of hazardous materials in order to pay for the costs of processing such statements. (Sec. 206) Directs the Secretary to implement a pilot program to evaluate the use of automated carrier assessment programs for carriers of certain hazardous materials. (Sec. 209) Directs the Secretary (currently, the Director of the Federal Emergency Management Agency) to monitor public sector emergency response planning and training for an accident involving hazardous material. Authorizes the Secretary to allow a State or Indian tribe receiving a planning and training grant to use up to 25 percent of the grant amount to assist small businesses in complying with regulations for the safe transportation of hazardous material. (Sec. 211) Authorizes the Secretary to enter into grants, cooperative agreements, and other transactions with a person, U.S. agency, State or local government, Indian tribe, foreign government, educational institution, or other entity to further research, development, demonstration, risk assessment, emergency response planning and training activities with respect to the transportation of hazardous materials. (Sec. 212) Authorizes officers, employees, or agents of the Secretary to: (1) inspect and examine packages in transport when they are marked as containing a hazardous material, or when there is a reasonable belief that such a package may contain such material; and (2) prevent, when there is a reasonable belief that an imminent hazard may exist, the further transportation of the hazardous material until the hazardous qualities of such material have been determined. (Sec. 213) Revises penalties for violations of a regulation, order, special permit, or approval in connection with the transportation of a hazardous material to: (1) increase the maximum civil penalty to not more than $27,500 for each violation; and (2) provide for a fine, or imprisonment for not more than 20 years, or both for violations which lead to the release of a hazardous material (aggravated violations). (Sec. 215) Authorizes a person with a substantial interest in a final enforcement order issued in connection with the transportation of a hazardous material to petition for review in the appropriate court. (Sec. 216) Directs the Secretary to conduct a study to: (1) determine the safety benefits of implementing a Federal permit program for high risk hazardous material carriers; (2) examine the safety benefits of increased monitoring of high risk hazardous material carriers, and the costs, benefits, and procedures of existing State permit programs; and (3) assess the potential of advanced technologies for improving the assessment of high risk hazardous material carrier's compliance with motor carrier safety regulations. (Sec. 217) Authorizes appropriations. Earmarks certain funds for: (1) training the public sector to respond to accidents involving the transportation of hazardous materials; and (2) hazardous material emergency response planning and training grants to States and Indian tribes. Title III: Sanitary Food Transportation - Sanitary Food Transportation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act to deem as adulterated any food transported under unsanitary conditions. (Sec. 303) Directs the Secretary to establish by regulation sanitary transportation practices (subject to waiver) which shippers, carriers, receivers, and other persons engaged in the transportation of food shall follow to ensure that such food will not become adulterated during transportation. Authorizes the Secretary, by publication in the Federal Register, to establish a list of nonfood products that may, if shipped in a tank or bulk vehicle, or motor or rail vehicle, adulterate any food transported subsequently in such vehicle. (Sec. 304) Amends Federal transportation law to revise sanitary food transportation requirements to direct the Secretary to establish transportation safety inspection procedures to identify suspected incidents of contamination or adulteration of food, and to train Department of Transportation (DOT) personnel in the use of such procedures. Directs the Secretary to notify the Secretary of Health and Human Services or the Secretary of Agriculture of any instances of potential food contamination or adulteration of food identified during such inspections. Title IV: Rail and Mass Transportation Anti-Terrorism - Transportation Anti-Terrorism Act of 1997 - Amends the Federal criminal code to prohibit the use of firearms, dangerous weapons, and propelling objects against railroad trains and mass transportation. (Sec. 405) Requires the Federal Bureau of Investigation to lead the investigation of all such offenses (including existing offenses under the "Wrecking Trains" statute). Title V: Rail and Mass Transportation Safety - Amends Federal transportation law to require the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues when making mass transportation grants or loans to commuter railroads that are under the Secretary's railroad safety jurisdiction. (Sec. 502) Changes the frequency with which rail carriers must file accident and incident reports with the Secretary from monthly to periodically. (Sec. 503) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through January 1, 2003, the temporary exemption from certain axle weight limitations to any intrastate public agency transit passenger bus using the Dwight D. Eisenhower System of Interstate and Defense Highways. Title VI: Motor Carrier Safety - Subtitle A: State Grants and Other Commercial Vehicle Programs - Provides for performance-based grants to States for: (1) improving motor carrier safety; and (2) enforcing regulations for hazardous materials transportation safety. Requires State plans under such grants to implement performance-based activities by FY 2000. (Sec. 603) Makes 100 percent the Federal share of public education activities with respect to commercial motor vehicle safety programs and enforcement. (Sec. 604) Provides funding for commercial motor vehicle safety programs for FY 1998 through 2003. (Sec. 605) Authorizes the Secretary to establish motor carrier information systems and data analysis programs to support motor carrier regulatory and enforcement activities. Requires such information systems, in cooperation with the States, to be coordinated into a network providing identification of motor carriers and drivers, registration and licensing tracking, and motor carrier and driver safety performance. Requires the Secretary to develop and maintain data analysis capacity and programs to provide the means: (1) to develop strategies to address safety problems and to use data analysis to measure the effectiveness of these strategies and related programs; (2) to determine the cost effectiveness of State and Federal safety compliance, enforcement programs, and other countermeasures; (3) to evaluate the safety fitness of motor carriers and drivers; (4) to identify and collect necessary data; and (5) to adapt, improve, and incorporate other information and information systems as deemed appropriate by the Secretary. Authorizes the Secretary to include, as part of the DOT motor carrier safety information network system, a Performance and Registration Information Systems Management information system to serve as a clearinghouse and repository of information related to State registration and licensing of commercial motor vehicles and the safety system of the commercial motor vehicle registrants or the motor carriers operating the vehicles. Authorizes the Secretary to establish a program focusing on improving commercial motor vehicle driver safety. (Sec. 606) Authorizes FY 1998 through 2003 appropriations for information systems and strategic safety initiatives. Repeals the existing truck and bus accident grant program. Subtitle B: Motor Carrier Safety Act of 1997 - Motor Carrier Safety Act of 1997 - Amends commercial vehicle safety law to abolish the Commercial Motor Vehicle Safety Regulatory Review Panel (effectively making the Secretary the primary one to review State laws or regulations on commercial motor vehicle safety). (Sec. 652) Repeals the requirement for State submission of commercial motor vehicle safety laws and regulations to the Secretary for review, including the mandate for the Commercial Motor Vehicle Safety Regulatory Review Panel. Revises safety fitness provisions to prohibit motor carriers (including motor carriers that transport hazardous material or more than 15 passengers) who fail to meet certain safety fitness requirements from operating in interstate commerce. Authorizes an commercial motor carrier employee, in conjunction with other remedies, to bring a civil action in district court to enforce an order by the Secretary of Labor that such employee had been discharged, disciplined, or discriminated against for filing a complaint related to a violation of a commercial motor vehicle safety regulation. (Sec. 653) Repeals grant programs for: (1) testing and ensuring the fitness of operators of commercial motor vehicles; and (2) issuing commercial drivers' licenses and complying with State participation requirements. Declares that no action for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against: (1) a motor carrier requesting such records of an individual under consideration for employment as a commercial motor vehicle driver; (2) a person who has complied with such request; or (3) the agents or insurers of such persons. (Sec. 654) Revises civil penalties for violations of certain commercial motor vehicle safety and recordkeeping requirements. Subjects to both civil and criminal penalties a person who knowingly aids, abets, counsels, or procures a violation of such requirements. (Sec. 655) Repeals the mandate for a working group of State and local government officials with respect to the International Registration Plan and International Fuel Tax Agreement. Repeals the authority for grants to States and appropriate persons to facilitate participation in such Plan and Agreement, as well as the authorization of appropriations for the program. (Sec. 656) Directs the Secretary to conduct a study to determine the adequacy of parking facilities that could be used by motor carriers to comply with Federal hours-of-service rules. Title VII: Research - Subtitle A: Programs and Activities - Authorizes the Secretary to establish: (1) a national strategic planning process which encompasses Federal, State, and local planning activities for intermodal, multimodal, and modal transportation research and technology; and (2) the Intermodal Transportation Research and Development Program. (Sec. 701) Authorizes the Secretary to make grants to nonprofit institutions of higher learning to establish one university transportation center (thereby combining the existing university research institute and transportation centers programs) in each of the ten U.S. Government regions that compose the Standard Federal Regional Boundary System to address transportation management, research and development, and education and training for qualified graduate and undergraduate students, with special attention to women and minorities. (Sec. 702) Requires the Bureau of Transportation Statistics (BTS) to compile statistics on transportation-related variables influencing global competitiveness. Revises the duties of the BTS Director with respect to the long term data collection program to require, among other things, that it be coordinated with efforts to measure outputs and outcomes of DOT and the nation's transportation systems under the Government Performance and Results Act (GPRA). Requires the BTS Director to establish an Intermodal Transportation Data Base, the National Transportation Library, and a National Transportation Atlas Data Base. Authorizes the Secretary to make grants to, or enter into cooperative contracts with, public and nonprofit entities to conduct research and development in support of the Bureau's activities. Authorizes appropriations. (Sec. 703) Changes from discretionary to mandatory the Secretary's authority to engage in research, development, and technology transfer activities with respect to motor carrier transportation and all phases of highway planning and development. Directs the Secretary to develop programs to facilitate application of the products of research and technical innovations that will improve the safety, efficiency, and effectiveness of the highway system. (Sec. 704) Repeals the mandate for the National Highway Institute (thus abolishing it). Converts the current discretionary education and training assistance program providing urban and rural highway and transportation agencies access to modern highway technology into a mandatory a National Technology Deployment Initiatives program Authorizes appropriations. Subtitle B: Intelligent Transportation Systems Act of 1997 - Intelligent Transportation Systems Act of 1997 - Directs the Secretary to conduct an ongoing program to research, develop, and operationally test intelligent transportation systems and advance the deployment of such systems as a component of the Nation's surface transportation systems (in effect, extending the expiring Intelligent Transportation Systems Act of 1991). (Sec. 753) Defines "intelligent transportation systems" (ITS) as the application of electronics, communications, or information processing to improve the efficiency and safety of surface transportation systems. (Sec. 754) Directs the Secretary to establish a repository for technical and safety data collected as a result of federally-sponsored projects under this title. (Sec. 755) Directs the Secretary to update the National ITS Program Plan as necessary. (Sec. 756) Authorizes the Secretary to provide: (1) planning and technical assistance, training, and information to State and local governments seeking to implement ITS technologies and services; and (2) funding to Federal agencies and make grants to non-Federal entities (including State and local governments, universities, including Historically Black Colleges and Universities, and other persons) for ITS research. (Sec. 757) Directs the Secretary to conduct an intelligent transportation infrastructure (ITI) deployment incentives program to promote deployment of integrated, multimodal transportation systems throughout the Nation. (Sec. 758) Authorizes appropriations. Title VIII: Boating Safety - Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to establish the National Outreach and Communications Fund. Credits to the Fund specified amounts from the Sport Fish Restoration Account. Increases: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs. (Sec. 803) Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts from the National Outreach and Communications Fund to carry out the plan. Requires States to develop an outreach and communications plan. (Sec. 804) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act. (Sec. 805) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions. Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels. (Sec. 806) Amends Federal boating safety law to direct the Secretary, subject to specified restrictions, to expend in each fiscal year specified funds for State recreational boating safety programs. Earmarks funds for the payment of expenses of the Coast Guard for personnel and activities directly related to carrying out the national recreational boating safety program. (Sec. 807) Limits the allocation of funds for recreational boating safety programs for the insular areas to no more than one-half of one percent of the total expended for such programs for all eligible States. Waives local matching fund requirements for amounts under $200,000 that are received by the insular areas for such programs. Reduces the period of availability of State allocations from three years to two years after the date of allocation. Requires amounts not obligated by the State within such period to be withdrawn and allocated to the State the following fiscal year.
United States · United States Congress · 29 September 1997
Authorizes the Secretary of Veterans Affairs to carry out: (1) seismic corrections at the Department of Veterans Affairs medical center in Memphis, Tennessee; (2) seismic corrections and clinical and other improvements to the McClellan Hospital at Mather Field, Sacramento, California; and (3) outpatient improvements at Mare Island, Vallejo, California, and Martinez, California. Specifies the funds that may be used for such purposes. Authorizes the Secretary to enter into leases for: (1) an information management field office in Birmingham, Alabama; (2) satellite outpatient clinics in Jacksonville, Florida, Boston, Massachusetts, Canton, Ohio, Portland, Oregon, and Tulsa, Oklahoma; and (3) an information resources management field office in Salt Lake City, Utah. Authorizes appropriations to the Secretary for FY 1998 for the Construction, Major Projects, account and for the Medical Care account.
United States · United States Congress · 29 September 1997
Waives points of order against the consideration of the conference report on H.R. 2203 (energy and water development appropriations).
United States · United States Congress · 26 September 1997
United States Fire Administration Authorization Act for Fiscal Years 1998 and 1999 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999. Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings. Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration. Urges the Administrator to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems. Expresses the sense of the Congress that the Administrator should donate educationally useful Federal equipment to schools in order to enhance science and mathematics programs. Requires the Administrator to report to the President on such action. Directs the Administrator to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Science on: (1) risks to fire fighters in suppressing fires caused by burning tires; and (2) special training required to suppress such fires and how the training may be provided by the Administration.
United States · United States Congress · 26 September 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: United States Patent and Trademark Organization Subtitle A: United States Patent and Trademark Organization Subtitle B: Early Publication of Patent Applications Subtitle C: Patent Term Restoration Subtitle D: Prior Domestic Commercial Use Subtitle E: Patent Reexamination Reform Subtitle F: Miscellaneous Patent Provisions 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 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 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 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 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 (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: United States Patent and Trademark Organization - Subtitle A: United United States Patent and Trademark Organization - United States Patent and Trademark Organization Act of 1997 - Chapter 1: Establishment of the United States Patent and Trademark Organization - Establishes the United States Patent and Trademark Organization as a wholly owned Government corporation under the policy direction of the Secretary. Requires the Organization to maintain an office in the District of Columbia metropolitan area. Makes the Organization responsible for authorizing the transfer of up to $100,000 in any year to the Department of State for special payments to international intergovernmental organizations for studies and programs to advance international cooperation concerning patents, trademarks, and related matters. Authorizes the Organization to retain and use all of its revenues and receipts. (Sec. 413) Vests management of the Organization in a Director of the United States Patent and Trademark Organization (Director) who shall be appointed by the President. Requires the Director to take specified actions, including: (1) advising the President of all activities of the office undertaken in response to U.S. obligations under treaties and executive agreements or which relate to cooperative programs with foreign governmental authorities responsible for granting patents or registering trademarks; (2) representing the United States, at the President's direction, in international negotiations on matters of patents or trademarks; (3) maintaining a program for identifying national security positions and providing for appropriate security clearances; (4) ensuring that the United States Patent and Trademark offices each prepare appropriation requests, adjust fees to provide sufficient revenues to cover expenses, and expend funds derived from such fees only for the functions of such offices; (5) reporting annually to the Congress on office budgetary and expenditure activities and related matters; and (6) appointing Commissioners of Patents and Trademarks, respectively. Exempts the Organization from any administratively or statutorily imposed limitation on positions or personnel and from provisions governing Federal employees, with exceptions, including those relating to retirement, health benefits, life insurance, and labor-management relations. (Sec. 414) Revises Federal provisions to establish as separate administrative units of the Organization the United States Patent and Trademark Offices. Provides for the establishment of Patent and Trademark Office Management Advisory Boards to review the policies, goals, performance, budget, and user fees of their respective Offices and a Board of Patent Appeals and Interferences within the Patent Office. Sets forth provisions regarding annual reporting requirements to the Congress by, and funding of, such Offices. (Sec. 416) Sets forth provisions regarding: (1) suits by and against the Organization; (2) funding of Organization activities; and (3) transfer of functions, funds, and property. (Sec. 419) Prohibits the unofficial use of the names of the Organization or the Patent or Trademark Offices. Chapter 2: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. Sets forth technical and conforming amendments to patent and trademark law and the Inspector General Act of 1978. Subtitle B: Early Publication of Patent Applications - Patent Application Publication Act of 1997 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending, one subject to a secrecy order, or one certifying that the invention disclosed has and will not be the subject of an application filed in a foreign country. Directs GAO to conduct a three-year study of applicants who file only in the United States. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance opposition that did not exist before its adoption. (Sec. 443) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent Office at any such time during the pendency of the application as required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specifications, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 444) Provides that a patent shall include the right to obtain a reasonable royalty from any person who, between the date the patent application is published and the date the patent is issued: (1) makes, uses, or sells in or imports into the United States the claimed invention or a product made by the invention if it is a process; and (2) had actual notice of the published patent application. Specifies that an action to obtain such a royalty must be brought within six years after the patent is issued. Provides for issuance to an applicant of a patent incorporating multiple claims of a published application. (Sec. 445) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application filed earlier by another person in the United States, with exceptions. (Sec. 448) Provides that, if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or legal holiday, the period of pendency shall be extended to the next succeeding business day. Subtitle C: Patent Term Restoration - Modifies Federal patent law to restore to the patent holder any part of the term that is lost because of undue administrative delay caused by specified factors, such as an unusual administrative delay by the Patent Office in issuing the patent, subject to specified limitations. Defines "unusual administrative delay" as the failure to take specified actions, such as the failure to issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. Requires the Commissioner to determine the period of any patent term adjustment available to an applicant and include a copy of such determination with the final application notice. Provides for judicial review with respect to patent term extensions. (Sec. 452) Directs the Commissioner to prescribe regulations for the further limited reexamination of applicants for patent at the request of the applicant. Authorizes the Commissioner to establish appropriate fees for such reexamination, allowing for a 50 percent fee reduction for certain qualifying small entities. Subtitle D: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1997 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense; (2) effective and serious preparation; (3) burden of proof; (4) abandonment of use; (5) who may assert the defense; (6) a one-year limitation; (7) unsuccessful assertion of the defense; and (8) invalidity of a patent. Subtitle E: Patent Reexamination Reform - Patent Reexamination Reform Act of 1997 - Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters: (1) one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any Patent Office action on the merits of reexamination; and (2) the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from asserting at a later time the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Prohibits: (1) patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published; and (2) a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. (Sec. 475) Requires the Director to submit to the Congress a report evaluating whether the reexamination proceedings established under amendments made by this title are inequitable to any of the parties in interest and, if so, to recommend necessary changes. Subtitle F: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application under specified conditions. (Sec. 482) Grants: (1) benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country under specified conditions; and (2) applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. (Sec. 483) Requires the Organization to develop and implement statewide computer networks with remote library sites in rural areas so that those citizens will have enhanced access to information in their State's patent and trademark depository library. (Sec. 485) Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall include the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States. (Sec. 486) Amends Federal patent provisions to authorize electronic filing of patent and trademark documents. (Sec. 487) Directs GAO to study and report to the Congress on the potential risks to the U.S. biotechnology industry relating to biological deposits in support of biotechnology patents. Requires the Patent Office to consider such recommendations in drafting regulations affecting biological deposits. 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 Provisions - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.
United States · United States Congress · 26 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 26 September 1997
TABLE OF CONTENTS: Title I: Alternative Fuels--General Title II: Alternatives Fuels--Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Private Vehicles Energy Policy Act Amendments of 1997 - Title I: Alternative Fuels--General - Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel. (Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles. (Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles. Title II: Alternative Fuels -- Non-Federal Programs - Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles. (Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program. (Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits. (Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
United States · United States Congress · 26 September 1997
Taxpayer Confidentiality Act of 1997 - Amends the Internal Revenue Code to limit the authority of the Secretary of the Treasury to examine books and witnesses for tax administration purposes.
United States · United States Congress · 26 September 1997
Makes appropriations for FY 1998 for continuing projects or activities, including the costs of direct loans and loan guarantees, which were conducted in FY 1997 and for which appropriations, funds, or other authority would be available in: (1) the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998; (2) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998; (3) the Department of Defense Appropriations Act, 1998; (4) the District of Columbia Appropriations Act, 1998; (5) the Energy and Water Development Appropriations Act, 1998; (6) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998; (7) the Department of the Interior and Related Agencies Appropriations Act, 1998; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1998; (9) the Legislative Branch Appropriations Act, 1998; (10) the Military Construction Appropriations Act, 1998; (11) the Department of Transportation Appropriations Act, 1998; (12) the Treasury, Postal Service, and General Government Appropriations Act, 1998; and (13) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998. Sets forth the rates of (current rates, with specified exceptions), and limitations on, such funding. Provides funding under this resolution until enactment into law of any covered appropriation or the applicable appropriations Act or October 23, 1997, whichever occurs first. Continues provisions of the Immigration and Nationality Act pertaining to a visa waiver pilot program for certain visitors through the effective period of this resolution. Amends the National Flood Insurance Act of 1968 to extend the authority to enter into new flood insurance contracts through October 23, 1997. Authorizes the District of Columbia government to delay repayment of the 1997 Treasury advances beyond October 1, 1997, until it receives the full year Federal contribution. Waives any interest or penalties otherwise applicable to late payments. Continues the issuing authority of the Overseas Private Investment Corporation through the effective period of this resolution. Amends the Export-Import Bank Act of 1945 to extend the Export-Import Bank's functions through October 23, 1997. Extends, through October 23, 1997, certain provisions of the Immigration and Nationality Act pertaining to the issuance of immigrant visas within 90 days' of an alien's departure and the adjustment to permanent resident status of certain aliens.
United States · United States Congress · 25 September 1997
Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 13 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care.
United States · United States Congress · 25 September 1997
Amends the National Defense Authorization Act for Fiscal Year 1997 to apply to each military separation occurring after December 31, 1993, an amendment which provides that amounts required for the payment of Federal income tax shall be subtracted from military retired pay for purposes of determining an individual's offset in concurrent veterans' disability compensation.
United States · United States Congress · 25 September 1997
Higher Education Fairness Act of 1997 - Amends the Higher Education Act of 1965 to revise certain need analysis formulas for student assistance. Requires deduction of the amount of the new Hope Scholarship and Lifetime Learning education expense tax credits taken under the Internal Revenue Code, as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34), in calculating family available income for determination of expected family contribution (for all dependent and all independent students). (Defines such tax credits as excludable income, not to be treated as estimated financial assistance, for student assistance calculation purposes.) Increases the amounts of income protection allowances for dependent students and for independent students without dependents other than a spouse.
United States · United States Congress · 25 September 1997
Low-Income Educational Opportunity Act of 1998 - Establishes a demonstration grants program of education scholarships to cover the costs of enrolling low-income children in choice public or private schools which their parents select. Authorizes appropriations. Directs the Secretary of Education to make grants to eligible entities to carry on between ten and 20 such demonstration projects. Requires that not more than two grants of $5 million or less be made in any fiscal year, with one such grant to be given to the District of Columbia if its application meets the requirements of this Act. Requires each of the remaining grants to be $3 million or less. Requires such grants to be used by eligible entities to provide education scholarships to parents of eligible children.
United States · United States Congress · 24 September 1997
TABLE OF CONTENTS: Title I: Approval and Implementation of OECD Shipbuilding Agreement Subtitle A: General Provisions Subtitle B: Other Provisions Subtitle C: Effective Date Title II: International Shipping Income Disclosure OECD Shipbuilding Trade Agreement Act - Title I: Approval and Implementation of OECD Shipbuilding Agreement - Subtitle A: General Provisions - Declares that the Congress approves the Agreement Respecting Normal Competitive Conditions in the Commercial Shipbuilding and Repair Industry (Shipbuilding Agreement), a reciprocal trade agreement resulting from negotiations under the auspices of the Organization for Economic Cooperation and Development, entered into on December 21, 1994. (Sec. 102) Amends the Tariff Act of 1930 to impose an injurious pricing charge upon the foreign producer of a vessel sold to U.S. buyers at less than fair value if the U.S. International Trade Commission determines that as a result of the sale an industry in the United States: (1) has been materially injured, or is threatened with material injury; or (2) the establishment of an industry in the United States is or has been materially retarded. Prescribes procedural guidelines for: (1) an injurious pricing investigation by an administering authority (Secretary of Commerce, or any other Federal officer to whom such responsibilities are transferred); (2) collection of such an injurious pricing charge; and (3) imposition of countermeasures. Prescribes guidelines for: (1) injurious pricing petitions by third countries, and by eligible interested parties with respect to a sale to a buyer in a Shipbuilding Agreement Party; (2) a comparison between export price and normal value in order to determine whether a subject vessel has been sold at less than fair value; (3) hearings and determinations on the basis of available facts; and (4) conduct of investigations. Authorizes the U.S. Trade Representative (USTR) to request the Commission to issue an advisory report, and to notify certain congressional committees, if a dispute settlement panel finds that a Commission action is not in conformity with U.S. obligations under the Shipbuilding Agreement. Provides for implementation of Commission determinations, including suspension of injurious pricing charges. (Sec. 103) Directs the Customs Service to deny any request, with certain exceptions, for a permit to lade or unlade passengers, merchandise, or baggage from or onto vessels appearing on a countermeasures list pursuant to this Act. (Sec. 104) Provides for judicial review in injurious pricing and countermeasure proceedings. Subtitle B: Other Provisions - Amends the Tariff Act of 1930 to exempt certain Shipbuilding Agreement Party vessels from the customs duty on equipment purchased for, and repairs made in a foreign country upon, a vessel documented under U.S. law to engage in the foreign or coastwise trade. Specifies as so exempt: (1) self-propelled seagoing vessels of 100 gross tons or more used for transportation of goods or persons or for performance of a specialized service (including, but not limited to, ice breakers and dredges); (2) tugs of 365 kilowatts or more; and (3) integrated tug-barges or tug-barge combinations. (Sec. 112) Precludes any private right of action under the Shipbuilding Agreement. (Sec. 114) Amends the Merchant Marine Act, 1936 to include a Shipbuilding Agreement vessel within its eligibility guidelines on construction-differential and operating-differential subsidies. Revises guidelines for Federal loans and guaranteed loans for shipbuilding. (Sec. 116) Directs the USTR to: (1) establish a program to monitor the compliance of Shipbuilding Agreement Parties with their obligations under the Agreement; and (2) use the consultation and dispute settlement procedures under the Agreement to redress Agreement violations. (Sec. 118) Provides, with respect to the Shipbuilding Agreement, for: (1) Party withdrawal (and termination of withdrawal); (2) congressional procedures for withdrawing approval of the Agreement; (3) non-Party accession; and (4) protection of U.S. interests. Subtitle C: Effective Date - Sets forth the effective and termination dates of this Act. Title II: International Shipping Income Disclosure - Amends the Internal Revenue Code with respect to the exclusion from gross income of any such income derived from the international operation of a ship. Denies such exclusion unless the taxpayer discloses on the tax return its position that such income is not includible in gross income. Sets forth penalties for failure to make such disclosure, with an exception for failure due to reasonable cause and not to willful neglect.
United States · United States Congress · 24 September 1997
Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to: (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid); and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments. Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits. Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits. Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers.
United States · United States Congress · 24 September 1997
Waives points of order against the consideration of the conference report on H.R. 2266 (defense appropriations).
United States · United States Congress · 23 September 1997
America's Teacher Preparation Improvement Act - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 (HEA) to revise and rename part A as Initial Teacher Preparation. Authorizes the Secretary of Education, in fiscal years for which part A funds are less than a specified amount, to make competitive grants to enhance initial teacher preparation to four-year institutions of higher education in partnership with other specified educational entities. Authorizes the Secretary, in fiscal years in which part A funds are more than a specified amount, to allot such funds to State educational agencies to make such grants to higher educational institutions in partnership with other specified educational entities. Allows States to reserve a portion of such funds for specified related State activities. Requires such grants to be used for: (1) teacher preparation activities; and (2) induction experience for new teachers. Allows such grants to be used for: (1) specified types of targeted programs; (2) recruitment; and (3) a system of initial teacher preparation among an institution of higher education offering approved programs and one or more preschools, kindergartens, secondary schools, community groups, two-year institutions of higher education, or nonprofit organizations. Sets forth program requirements for agreements, applications, reports, maintenance of effort, and participation of private school children and teachers. Authorizes appropriations for such new program of Initial Teacher Preparation. Extends the authorization of appropriations for Programs to Encourage Minority Students to Become Teachers. Repeals provisions under HEA title V for: (1) National Teacher Academies; (2) teacher scholarships and fellowships; (3) innovation and research; (4) programs for special populations; and (5) new teaching careers.
United States · United States Congress · 23 September 1997
Amends the Internal Revenue Code to restore, in modified versions, two line-item-vetoed provisions of the Taxpayer Relief Act of 1997: (1) a provision concerning a tax exemption for income earned in connection with the active conduct of foreign financial services businesses; and (2) a provision concerning the nonrecognition of gain on the sale of stock to certain farmers' cooperatives.
United States · United States Congress · 23 September 1997
Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to authorize appropriations for October 1, 1997, through March 31, 1998, for specified Federal-aid highways, highway safety construction, highway safety, Federal transit, motor carrier safety, and transportation research programs. Mandates apportionment of such funds among the States according to FY 1997 ISTEA final funding percentages, and distribution to each State according to existing ISTEA categories in the same proportion as FY 1997. Specifies general operating expenses and certain deductions for: (1) territorial highways; (2) the National Recreation Trails program; (3) the Woodrow Wilson Bridge; (4) off-system bridges; (5) Federal lands highways; (6) the highway use tax evasion investigation and enforcement program; (7) the scenic byways program; and (8) ferry boat construction. Limits FY 1998 obligations to 50 percent on October 1, 1997, and 50 percent on July 1, 1998. Directs the Secretary of Transportation, in applying certain Buy American requirements to buses purchased with funds under this Act, to require that the final assembly of such buses be conducted in the United States, including, at a minimum, the installation (and, where appropriate, interconnection) of: (1) the engine, transmission, and axles, including the cooling and braking systems; (2) the heating and air conditioning equipment; and (3) pneumatic and electrical systems, door systems, passenger seats, passenger grab rails, destination signs, and wheelchair lifts. Requires also in the United States for such buses, all road testing, final inspection repairs, and preparation of the vehicles for delivery.