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401 records in US in 1997
United States · United States Congress · 27 June 1997
Affordable Child Care Act - Amends the Internal Revenue Code to allow a tax credit (as part of the general business credit) for employers who provide qualified day care centers for the use of their employees. Requires that the credit be passed on to employees using the centers in the form of reduced costs.
United States · United States Congress · 27 June 1997
Amends the Internal Revenue Code to allow a tax credit to a taxpayer for any individual who: (1) is a father, mother, stepfather, or stepmother of the taxpayer or of the taxpayer's current or former spouse (or an ancestor of such individuals); (2) is at least 65 years old; and (3) has the taxpayer's home as the individual's principal residence for more than half of the year.
United States · United States Congress · 27 June 1997
Safe Bridges Act of 1997 - Amends Federal transportation law to direct the Secretary of Transportation to set aside $800 million per fiscal year for obligation at the Secretary's discretion for the highway bridge replacement and rehabilitation program. Recodifies under Federal law provisions of the Intermodal Surface Transportation Efficiency Act of 1991 relating to the highway timber bridge research and construction program. Directs the Secretary to make grants to carry out research concerning: (1) the development of highway steel bridge applications and materials used in such structures; (2) the development of bridges and structures that will withstand natural disasters and various environments; and (3) using steel in rehabilitating highway bridges and structures. Requires such technology to be made available to State and local transportation departments. Directs the Secretary to make grants to States for projects for the construction of steel bridges and structures on Federal-aid highways, with a Federal cost-share limit of 80 percent of project costs. Provides project funding for FY 1998 through 2003. Directs the Secretary to make grants to carry out research for the development of carbon composite highway bridge retrofit systems and related rehabilitation measures. Requires such technology to be made available to State and local transportation departments. Directs the Secretary to make grants to States for projects for the reconstruction or seismic retrofit of bridges on the national highway system, with a Federal cost-share limit of 80 percent of project costs. Provides project funding for FY 1998 through 2003.
United States · United States Congress · 27 June 1997
Expresses the sense of the Senate that any legislation implementing the tobacco liability settlement shall prohibit parties from claiming Federal tax deductions for certain payments.
United States · United States Congress · 26 June 1997
Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 2) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 3) Amends ANCSA to exempt certain bonds received by a household, an individual Native, or a descendant of a Native from a Native Corporation from being taken into account as an asset or resource in determining eligibility for need based Federal programs. (Sec. 4) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to in-lieu subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of land from the area designated for in-lieu selection by a specified document. (Sec. 5) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchanges. Extends the restriction on certain property transfers. (Sec. 6) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 7) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 8) Sets forth provisions for the establishment of additional native urban and group corporations in Southeast Alaska. Requires a report regarding lands and other appropriate compensation for the newly established corporations. Authorizes appropriations of such sums as may be necessary to provide for planning grants to the newly established native corporations. (Sec. 9) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act; (3) require all current and future federal land managers in Alaska or a region that includes Alaska, to participate in an ANILCA training class; and (4) permit subsistence uses by local residents in the Glacier Bay National Park where such uses are traditional. (Sec. 13) Revises with respect to public lands in Alaska: (1) access rights provisions; and (2) cabin use provisions; and (3) requirements for allowed uses. (Sec. 15) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions.
United States · United States Congress · 26 June 1997
Amends the Internal Revenue Code to prohibit a deduction for losses from wagering transactions.
United States · United States Congress · 26 June 1997
Directs the Secretary of Defense to conduct a demonstration project in at least one region of the TRICARE program (a DOD managed health care program) to provide beneficiaries covered under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) with the option to receive health care through the Federal Employees Health Benefits program, in addition to other health care options available to such covered beneficiaries. Outlines participation eligibility requirements, with a special rule for Medicare (title XVIII of the Social Security Act) participants. Directs the Secretary of the Treasury to permit a project participant to take a tax credit of 25 percent of the amount paid on behalf of such participant to a medical savings account. Requires a report from the Secretary of Defense to the Congress containing a plan to implement the demonstration project and to permit participants to maintain and use medical savings accounts.
United States · United States Congress · 26 June 1997
Requires, notwithstanding any other provision of law, that the Consumer Price Index for Government Use (CPI-G) established under this Act be used to determine the amount of any cost-of-living or similar adjustment under the Internal Revenue Code and any payment listed in this Act that is otherwise subject to an adjustment using a price index that includes prices of tobacco products or distilled spirits or both. Includes in that payment list: (1) Social Security Act benefits; (2) retirement benefits for former U.S. employees or former U.S. armed forces members; (3) payments on account of the death or disability of any current or former U.S. employee; and (4) tier 1 railroad retirement benefits. Requires that the CPI-G be based on the Consumer Price Index for All Urban Consumers, but requires it to exclude tobacco product and distilled spirit prices.
United States · United States Congress · 26 June 1997
Sequoia Ecosystem and Recreation Preserve Act of 1997 - Designates specified California lands within the Sequoia National Forest and the Inyo National Forest as wilderness areas to be administered as components of the National Wilderness Preservation System. (Sec. 5) Establishes the Giant Sequoia National Forest Preserve as a unit of the National Forest System for the: (1) protection and maintenance of giant sequoia groves, their supporting ecosystems, and associated forests; and (2) preservation of the natural state and processes that have created and maintained such forests. (Sec. 7) Directs the Secretary of Agriculture to appoint a Scientific Advisory Team for the Preserve. (Sec. 8) Directs the Secretary to publish a final management plan for the Preserve for the protection, restoration, and enhancement of natural, scientific, and recreational values. Provides for interim Preserve management by the Secretary. (Sec. 9) Directs the Secretary, as part of the management plan, to designate and map the ancient forest reserves within the Preserve. (Sec. 10) Requires the management plan to include a comprehensive transportation plan that protects natural Preserve features while ensuring visitor safety and that includes a trail plan identifying which trails will allow motorized access. (Sec. 11) Allows all current campgrounds within the Preserve to remain in place, subject to evaluation by the Secretary. Directs the Secretary to provide new camping opportunities. (Sec. 12) Authorizes the continued use of Preserve areas for hunting and fishing, firewood collection, and grazing, but prohibits new patents from being issued under the mining or geothermal laws. (Sec. 16) Directs the Secretary to establish a Community Assistance Task Force to oversee the provision of assistance to communities and workers in political subdivisions whose boundaries include Federal lands in the Preserve or contain facilities that milled timber from lands in the Preserve during any portion of the five-year period ending on the date of enactment of this Act. (Sec. 17) Prohibits the Secretary, in preparing the Preserve budget proposal for each fiscal year, from targeting any of the budget to any commodity production in the Preserve. (Sec. 18) Authorizes appropriations.
United States · United States Congress · 26 June 1997
Family Forest Conservation Act of 1997 - Amends the Internal Revenue Code to allow an executor to irrevocably elect to exclude from the gross estate the value of any qualified conservation easement regarding any qualified forest land. (Sec. 3) Provides, if the executor elects and with the consent of each interested person, for the valuation of forest land that, at the decedent's death, constituted at least 25 percent of the decedent's estate and had been used for conservation or timber operations for five of the last eight years. Imposes an additional estate tax if the devisee or heir, within 25 years or the devisee's or heir's lifetime, disposes of any interest in the land or ceases to use it for a qualified use. Sets forth special rules for involuntary conversions and provides for the treatment of forest land exchanges. (Sec. 4) Excludes from gross income any gain from the sale or exchange of qualified forest land to a qualified organization for conservation purposes.
United States · United States Congress · 26 June 1997
Amends the Internal Revenue Code to set the capital gains rate (currently 28 percent) at 15 percent for capital gains not over $20,000, 22 percent for capital gains between $20,000 and $40,000, and 30 percent for capital gains over $40,000.
United States · United States Congress · 26 June 1997
Stop Tax-Exempt Arena Debt Issuance Act - Amends the Internal Revenue Code to treat certain bonds used directly or indirectly for financing professional sports facilities as private activity bonds and not as qualified bonds, except for certain approved projects, facilities with final bond resolutions, and current refundings.
United States · United States Congress · 26 June 1997
Inactive Well Recovery Act - Amends the Internal Revenue Code to exclude from gross income (if so elected by the taxpayer) income attributable to independent producer oil from a recovered inactive well. Includes both oil and natural gas in the definition of "independent producer oil." Prohibits deductions directly connected with amounts so excluded.
United States · United States Congress · 26 June 1997
Sets forth the rule (open) for the consideration of H.R. 2016 (military construction appropriations).
United States · United States Congress · 25 June 1997
TABLE OF CONTENTS: Title I: Pension ProSave Plans Title II: Establishment of Pension ProSave System Subtitle A: Definitions Subtitle B: Establishment of Pension ProSave System Title III: Pension Portability Clearinghouse Title IV: Simplified Defined Benefit Plans Pension ProSave Act - Title I: Pension ProSave Plans - Amends the Internal Revenue Code with respect to deferred compensation and other matters to establish a system under which any employer may establish a Pension ProSave Plan: (1) for the exclusive benefit of its employees and their beneficiaries; and (2) the only contributions to which are contributions to Pension ProSave Accounts established on behalf of such employees. Specifies requirements for contributions, vesting, distributions and loans, and reporting. Provides that a Pension ProSave Plan shall be treated in the same manner as a qualified pension, profit-sharing, or stock bonus plan including a certain kind of tax-exempt trust. Title II: Establishment of Pension ProSave System - Subtitle A: Definitions - Sets forth definitions for purposes of this Act. Subtitle B: Establishment of Pension ProSave System - Directs the Board of Directors of the Pension Portability Clearinghouse (established by this Act) to establish a system of Pension ProSave Accounts under which: (1) employers and employees may make contributions on behalf of employees under a Pension ProSave Plan; (2) individuals may make qualified rollover contributions to Pension ProSave Accounts; and (3) amounts in the Pension ProSave Accounts are invested, and loans and distributions of amounts in such Accounts are made, as provided in this Act. Title III: Pension Portability Clearinghouse - Establishes the Pension Portability Clearinghouse within the executive branch of the Government and the Pension Portability Clearinghouse Advisory Council. Title IV: Simplified Defined Benefit Pla ns - Amends the Internal Revenue Code to set forth a simplified method for complying with pension requirements.
United States · United States Congress · 25 June 1997
Amtrak Restructuring Act of 1997 - Amends Federal transportation law to change from mandatory to discretionary the National Railroad Passenger Corporation (Amtrak) authority to provide cost-effective intercity rail passenger service. Requires Amtrak's decisions regarding the initiation, retention, modification, or elimination of intercity rail passenger service to be made on the basis of available financial resources. Requires any Amtrak agreement with State or local governments or private entities to support such service to be made with the understanding that Federal funding will be eliminated after FY 2001. Authorizes a person to provide intercity rail passenger transportation over an Amtrak route only with the consent of Amtrak (currently, if they have a contract). (Sec. 8101) (sic) Directs Amtrak to adjust its route structure applying sound business and transportation principles. Directs Amtrak to provide its employees' representatives, affected States, cities, and other interested parties with 90 days advance notice of any route discontinuance that would remove all service on a route or cut service by more than half in order to enable such parties to provide financial support for its continued operation. (Sec. 8102) Exempts certain commuter authorities from paying a tax or fee to the same extent that Amtrak is exempt. Repeals specified provisions regarding: (1) authority for the Amtrak Commuter (thus abolishing it as an Amtrak subsidiary); (2) route and service criteria with respect to route discontinuances and route additions; (3) certain requests to Amtrak by State, regional, or local authorities or other persons to provide rail passenger transportation or keep a train, route, or service that Amtrak intends to discontinue; and (4) additional qualifying routes. (Sec. 8106) Repeals Amtrak's mandates for: (1) cost and performance reviews of Amtrak routes in the basic system; and (2) provision of special commuter transportation. (Sec. 8201) Exempts Amtrak (and Amtrak subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority directly or indirectly on travel in intercity rail passenger transportation or mail or express transportation provided by Amtrak or a rail carrier subsidiary of Amtrak, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities. (Sec. 8203) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high-speed rail service, to enter into interstate compacts to promote such service. (Sec. 8301) Decreases to three hours (currently, three hours and 40 minutes) the time intercity rail passenger transportation should take between Boston, Massachusetts, and New York City. (Sec. 8302) Repeals the program master plan for the Boston-New York main line. (Sec. 8303) Directs Amtrak to make capital improvements for the Northeast Corridor improvement program in order to operate reliable, high-speed rail passenger service, and enhance capacity for intercity and commuter passenger service. Authorizes appropriations for the construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island. Applies the Davis-Bacon Act to require that laborers on the construction of such track be paid the prevailing local wage. (Sec. 8304) Repeals provisions governing compensatory agreements between rail freight and commuter rail passenger transportation providers and Amtrak. Requires Amtrak and rail freight carrier and commuter providers to submit their disputes to binding arbitration under the rules of the American Arbitration Association. Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 8401) Authorizes appropriations for Amtrak for: (1) operating grants; and (2) capital and supplemental capital investments. (Sec. 8501) Establishes as some of the goals for Amtrak: (1) management of its capital investment in such a way as to provide its customers with world class service; and (2) treatment of all passengers with respect, courtesy, and dignity. (Sec. 8505) Declares that the Freedom of Information Act shall not apply to Amtrak in any fiscal year it does not receive Federal funding. (Sec. 8506) Repeals current maintenance and rehabilitation requirements, including the mandate for a regional maintenance plan. Prohibits Amtrak from submitting a bid for the performance of services under a contract for an amount less than the cost to it of performing such services (below-cost competition) with respect to any activity, except the provision of intercity rail passenger transportation. Authorizes Amtrak and motor carriers of passengers, subject to Surface Transportation Board review, to: (1) combine their respective services and facilities to the public as a means of increasing revenues; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 8507) Repeals provisions: (1) authorizing Amtrak or the owner of a facility presenting a danger to Amtrak employees, passengers, or property to receive assistance to minimize or eliminate such danger; and (2) requiring Amtrak to maintain a rail safety system program, and to develop a plan for demonstrating new technology in rail passenger equipment. (Sec. 8511) Directs Amtrak in its annual report to the Congress to include among other things: (1) information on long-term profit or loss of intercity rail passenger transportation; (2) an update that describes Amtrak's efforts in implementing the Program Master Plans for the Northeast Corridor; and (3) projections of the anticipated benefits of the capital projects Amtrak proposes to fund, and has previously funded, with Federal funding. Declares that a State shall have access to Amtrak's records, accounts, and other necessary documents used to determine the amount of any State payment to Amtrak. (Sec. 8512) Amends the Inspector General Act of 1978 to declare that Amtrak shall not be considered a Federal entity for purposes of such Act. (Sec. 8601) Authorizes appropriations for FY 1998 through 2003 for high-speed rail technology activities. (Sec. 8602) Directs the Secretary of Transportation to prescribe regulations addressing noise emissions from high-speed rail systems, including magnetic levitation systems, operating at speeds greater than 150 miles per hour. Declares that such regulations shall be in lieu of railroad-related noise regulations issued under the Noise Control Act of 1972 only with respect to operation at speeds greater than 150 miles per hour.
United States · United States Congress · 25 June 1997
TABLE OF CONTENTS: Title I: Operational Reforms Title II: Financial Reforms Title III: Northeast Corridor Improvements Title IV: Authorizations Title V: Miscellaneous Title VI: High-Speed Rail Amtrak Restructuring Act of 1997 - Title I: Operational Reforms - Amends Federal transportation law to change from mandatory to discretionary the National Railroad Passenger Corporation (AMTRAK) authority to provide cost-effective intercity rail passenger service. Requires AMTRAK's decisions regarding the initiation, retention, modification, or elimination of intercity rail passenger service to be made on the basis of available financial resources. Requires any AMTRAK agreement with State or local governments or private entities to support such service to be made with the understanding that Federal funding will be eliminated after FY 2001. Authorizes a person to provide intercity rail passenger transportation over an AMTRAK route only with the consent of AMTRAK (currently, if they have a contract). (Sec. 101) Directs AMTRAK to adjust its route structure applying sound business and transportation principles. Directs AMTRAK to provide its employees' representatives, affected States, cities, and other interested parties with 90 days advance notice of any route discontinuance that would remove all service on a route or cut service by more than half in order to enable such parties to provide financial support for its continued operation. (Sec. 102) Exempts certain commuter authorities from paying a tax or fee to the same extent that AMTRAK is exempt. Repeals specified provisions regarding: (1) authority for the AMTRAK Commuter (thus abolishing it as an AMTRAK subsidiary); (2) route and service criteria with respect to route discontinuances and route additions; (3) certain requests to AMTRAK by State, regional, or local authorities or other persons to provide rail passenger transportation or keep a train, route, or service that AMTRAK intends to discontinue; and (4) additional qualifying routes. (Sec. 107) Repeals AMTRAK's mandates for: (1) cost and performance reviews of AMTRAK routes in the basic system; and (2) provision of special commuter transportation. Title II: Financial Reforms - Exempts AMTRAK (and AMTRAK subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority directly or indirectly on travel in intercity rail passenger transportation or mail or express transportation provided by AMTRAK or a rail carrier subsidiary of AMTRAK, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities. (Sec. 203) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high-speed rail service, to enter into interstate compacts to promote such service. Title III: Northeast Corridor Improvements - Decreases to three hours (currently, three hours and 40 minutes) the time intercity rail passenger transportation should take between Boston, Massachusetts, and New York City. (Sec. 302) Repeals the program master plan for Boston-New York main line. (Sec. 303) Directs AMTRAK to make capital improvements for the Northeast Corridor improvement program in order to operate reliable, high-speed rail passenger service, and enhance capacity for intercity and commuter passenger service. Authorizes appropriations for the construction of a third track on the Northeast Corridor between Davisville and Central Falls, Rhode Island. Applies the Davis-Bacon Act to require that laborers on the construction of such track be paid the prevailing local wage. (Sec. 304) Repeals provisions governing compensatory agreements between rail freight and commuter rail passenger transportation providers and AMTRAK. Requires AMTRAK and rail freight carrier and commuter providers to submit their disputes to binding arbitration under the rules of the American Arbitration Association. Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. Title IV: Authorizations - Authorizes appropriations for AMTRAK for: (1) operating grants; and (2) capital and supplemental capital investments. Title V: Miscellaneous - Establishes as some of the goals for Amtrak: (1) management of its capital investment in such a way as to provide its customers with world class service; and (2) treatment of all passengers with respect, courtesy, and dignity. (Sec. 505) Declares that the Freedom of Information Act shall not apply to AMTRAK in any fiscal year it does not receive Federal funding. (Sec. 506) Repeals current maintenance and rehabilitation requirements, including the mandate for a regional maintenance plan. Prohibits AMTRAK from submitting a bid for the performance of services under a contract for an amount less than the cost to it of performing such services (below-cost competition) with respect to any activity, except the provision of intercity rail passenger transportation. Authorizes AMTRAK and motor carriers of passengers, subject to Surface Transportation Board review, to: (1) combine their respective services and facilities to the public as a means of increasing revenues; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 507) Repeals provisions: (1) authorizing AMTRAK or the owner of a facility presenting a danger to AMTRAK employees, passengers, or property to receive assistance to minimize or eliminate such danger; and (2) mandating AMTRAK to maintain a rail safety system program, and to develop a plan for demonstrating new technology in rail passenger equipment. (Sec. 511) Directs AMTRAK in its annual report to the Congress to include among other things: (1) information on long-term profit or loss of intercity rail passenger transportation; (2) an update that describes AMTRAK's efforts in implementing the Program Master Plans for the Northeast Corridor; and (3) projections of the anticipated benefits of the capital projects AMTRAK proposes to fund, and has previously funded, with Federal funding. Declares that a State shall have access to AMTRAK's records, accounts, and other necessary documents used to determine the amount of any State payment to AMTRAK. (Sec. 512) Amends the Inspector General Act of 1978 to declare that AMTRAK shall not be considered a Federal entity for purposes of such Act. Title VI: High Speed Rail - Authorizes appropriations for FY 1998 through 2003 for high-speed rail technology activities. (Sec. 602) Directs the Secretary of Transportation to prescribe regulations addressing noise emissions from high-speed rail systems, including magnetic levitation systems, operating at speeds greater than 150 miles per hour. Declares that such regulations shall be in lieu of railroad-related noise regulations issued under the Noise Control Act of 1972 only with respect to operation at speeds greater than 150 miles per hour.
United States · United States Congress · 25 June 1997
National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1997 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1997) - Places on the 1998 general election ballot in each congressional district the advisory questions of whether the Congress should: (1) adopt a simple flat tax rate on income; and (2) approve a constitutional amendment to require a majority vote of the American people to raise taxes. Provides for cost reimbursement to the States from the franking accounts of the House of Representatives and the Senate.
United States · United States Congress · 25 June 1997
TABLE OF CONTENTS: Title I: Amendments to the Congressional Budget and Impoundment Control Act of 1974 Title II: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 Budget Enforcement Act of 1997 - Title I: Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to include entitlement authority and the food stamp program within the definition of "budget authority." Excludes salary or basic pay funded through an appropriation from the definition of "entitlement authority." (Sec. 105) Amends the Congressional Budget Act of 1974 (the Act) to require the concurrent resolution on the budget to set forth planning levels for at least the four (currently, two) ensuing fiscal years. Revises Senate pay-as-you-go authorities to permit revisions of committee allocations, aggregates, and other levels for legislation within a committee's jurisdiction if such legislation would not increase the deficit for the first year, and for the five fiscal years, covered by the budget resolution. (Sec. 106) Consolidates requirements currently set forth separately for the House of Representatives and the Senate with respect to committee allocations. Requires the joint explanatory statement accompanying a conference report on a budget resolution to include allocations of the appropriate levels, for each fiscal year and a total for all years, of new budget authority, outlays, and, in the Senate, Social Security outlays, among each House and Senate committee with jurisdiction over legislation providing or creating such amounts. Requires levels only for the first fiscal year in the case of the Appropriations Committee. Provides that no legislation involving a change in Internal Revenue Code provisions regarding tax on individuals shall be treated as affecting the amount of Social Security revenues or outlays unless such legislation changes the income tax treatment of Social Security benefits. Requires the chairman of the House Budget Committee, if a concurrent budget resolution is not adopted by April 15, to submit to the House an allocation consistent with the discretionary spending limits contained in the most recently agreed to budget resolution for the second fiscal year covered by such resolution. Revises provisions regarding points of order with respect to consideration of legislation that would cause allocations or suballocations of new budget authority or outlays in a budget resolution to be exceeded. (Sec. 107) Makes a prohibition on considering legislation until the concurrent budget resolution has been agreed to inapplicable to a House bill or resolution that provides advance discretionary new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent budget resolution applies. (Sec. 110) Revises items of authority the amounts of which are to be changed for purposes of budget reconciliation to exclude credit authority and include direct spending (including entitlement authority). (Sec. 111) Applies a point of order against legislation that would cause revenues to be less than those set forth in the concurrent budget resolution for a fiscal year or the total of all fiscal years covered by the resolution. Makes it out of order in the Senate to consider any legislation that would cause a decrease in Social Security surpluses or an increase in Social Security deficits derived from the levels of Social Security revenues and outlays set forth for the first fiscal year, and for the period of five fiscal years, covered by the concurrent budget resolution. (Sec. 112) Prohibits points of order against legislation in the Senate while an amendment to such legislation which would remedy violations of the Act is pending. (Sec. 113) Provides for adjustments to discretionary spending limits, allocations, and budgetary aggregates to reflect new budget authority and additional outlays from: (1) appropriations measures for any of FY 1998 through 2002 reported by the Appropriations Committee that specify amounts for emergencies or continuing disability reviews; (2) specified emergency legislation reported by other committees; (3) appropriations measures for such fiscal years reported by the Appropriations Committee that include specified amounts for the U.S. quota of the International Monetary Fund (IMF) Eleventh General Review of Quotas or increased amounts for the Secretary of the Treasury with respect to new arrangements to borrow under the Bretton Woods Agreement Act; (4) appropriations measures reported by the Appropriations Committee for FY 1998, 1999, or 2000 that include up to a specified amount for arrearages for international organizations, international peacekeeping, and multilateral development banks; or (5) any conference report on these measures. Repeals provisions that require levels of budget authority or outlays and revenues to be determined on the basis of Budget Committee estimates. (Sec. 114) Exempts legislation from points of order in the House if a self-executing rule for consideration of such legislation modifies provisions that violate the Act. (Sec. 115) Makes certain controls on bills providing new spending authority applicable to bills providing new credit authority. (Sec. 116) Repeals title VI (budget agreement enforcement provisions) of the Congressional Budget Act of 1974 (some of which is incorporated into this Act). Title II: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2002. (Sec. 203) Repeals a provision that exempts the net costs of FY 1997 appropriations for certain loan guarantees to Israel for resettling immigrants from such limits. Revises provisions regarding a special outlay allowance in cases where outlays for a spending category exceed discretionary spending limits but new budget authority does not exceed its limit to require the adjustment in outlays to be the amount of the excess up to 0.5 percent of the adjusted limits on outlays for that fiscal year in FY 1997 or any fiscal year though 2002. Provides that, if an appropriations bill or joint resolution is enacted for any of FY 1998 through 2002 that includes an appropriation with respect to the following, the adjustment shall be the amount of budget authority in the measure that is the dollar equivalent in Special Drawing Rights of an increase in the: (1) U.S. quota of the IMF; or (2) maximum amount available to the Secretary of the Treasury under the Bretton Woods Agreements Act with respect to new arrangements to borrow. Provides that, if an appropriations bill or joint resolution is enacted for any of FY 1998 through 2000 that includes an appropriation for arrearages for international organizations or peacekeeping and multilateral banks, the adjustment shall be the amount of budget authority and outlays flowing in all fiscal years from such authority. Limits the total amount of such adjustments. Sets forth discretionary spending limits for: (1) the discretionary category for FY 1997 and FY 2000 through 2002; (2) the defense, nondefense, and violent crime reduction categories for FY 1998; and (3) the defense and nondefense categories for FY 1999. (Sec. 204) Repeals provisions regarding sequestration for the Violent Crime Reduction Trust Fund. (Sec. 205) States that the purpose of this section is to assure that any legislation enacted prior to FY 2002 affecting direct spending or receipts that increases the deficit will trigger an offsetting sequestration. Revises sequestration provisions to require a sequestration to offset deficit increases in a budget year caused by direct spending and receipts legislation and deficit increases in the prior fiscal year caused by such legislation which is not reflected in the final OMB sequestration report for that year. Includes CBO and OMB estimates (other than amounts for emergencies) of the budgetary effect of legislation that are not reflected in the final OMB sequestration report for the current year within the OMB's calculation of the deficit increase. Requires OMB and CBO estimates to include the amount of change in outlays or receipts for the current and budget year and for each outyear. (Sec. 206) Extends sequestration reporting requirements through FY 2002. (Sec. 207) Adds and removes specified items to and from the lists of items exempt from reductions under the Gramm-Rudman-Hollings Act. (Sec. 208) Removes the National Wool Act from the list of indices whose changes trigger automatic spending increases. Revises origination fee requirements for student loans made during a sequestration period. Includes annual adjustments to Federal pay schedules and locality-based pay in Federal pay subject to reductions. Exempts administrative expenses of the Farm Credit Administration from reductions. Requires the Secretary of Agriculture, as the sole means of achieving a reduction in outlays under the milk price support program, to provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed for commercial use. Makes budgetary resources sequestered in revolving, trust, and special fund accounts available in years subsequent to the year in which a sequestration occurs. (Sec. 209) Revises baseline provisions to provide that a program with estimated current year outlays greater than $50 million may be assumed to expire in the budget year or outyears if so provided by legislation establishing or modifying that program. (Current law states that such programs shall not be assumed to expire in such years.) Provides that such legislation shall not be subject to a point of order solely for including such a provision. Requires any program with estimated current year outlays greater than such amount which operates under any law which expires before the budget year or any outyear to be assumed to continue to operate as in effect before such law's expiration. Requires the inflator used to adjust budgetary resources (other than those relating to personnel) to be the percent by which the average of the estimated gross domestic product chain-type price index (currently, the national product fixed-weight price index) for a fiscal year differs from the average of such estimated index for the current year. (Sec. 213) Requires the Director of OMB to: (1) reduce any balances of direct spending and receipts legislation for fiscal years prior to 2002 to zero; and (2) not make any estimates of changes in direct spending outlays and receipts for any fiscal year resulting from the enactment of this Act or the Revenue Reconciliation Act of 1997.
United States · United States Congress · 24 June 1997
TABLE OF CONTENTS: Title I: Export and Investment Assistance Title II: Bilateral Economic Assistance Title III: Military Assistance Title IV: Multilateral Economic Assistance Title V: General Provisions Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1998 - Title I: Export and Investment Assistance - Makes appropriations for FY 1998 for: (1) direct loans, loan guarantees, tied-aid grants, insurance, and administrative expenses under Export-Import Bank programs; (2) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans and administrative expenses; and (3) the Trade and Development Agency. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1998 for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) the Agency for International Development (AID) for specified development assistance; (3) population planning assistance; (4) specified projects aimed at reunification of Cyprus; (5) democracy and humanitarian activities in Burma; (6) political reform and election activities in Cambodia; (7) the Guatemala Clarification Commission; (8) international disaster assistance; (9) debt restructuring; (10) micro and small enterprise development programs; (11) the urban and environmental credit program account; (12) private and voluntary organizations that receive 20 percent or more of their funding from non-Federal sources; (13) the Foreign Service Retirement and Disability Fund; (14) operating expenses of AID and the AID Office of Inspector General; (15) Economic Support Fund (ESF) assistance (earmarking amounts for Israel and Jordan); (16) economic assistance for Eastern Europe and the Baltic States; (17) assistance for the independent states of the former Soviet Union, including funds for U.S. contribution to the Trans-Caucasus Enterprise Fund (but no funds to Russia unless the President certifies to the Committees on Appropriations that it has terminated arrangements to provide Iran with technology to develop a nuclear program); (18) the Peace Corps (but no funds for abortions); (19) international narcotics control (earmarking amounts for Law Enforcement Training and Demand Reduction); (20) migration and refugee assistance (earmarking amounts for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel); (21) the Emergency Refugee and Migration Assistance Fund; and (22) nonproliferation, anti-terrorism, demining and related programs and activities. Bars the use of development assistance funds for: (1) coercive abortions or involuntary sterilizations; and (2) U.S. private and voluntary organizations which obtain less than 20 percent of annual funding from sources other than the U.S. Government. Prohibits the availability of funds for economic revitalization programs in Bosnia and Herzegovina if the President certifies to a specified congressional committee that they have not complied with certain conditions under the General Framework Agreement for Peace in Bosnia). Title III: Military Assistance - Makes appropriations for FY 1996 for: (1) international military education and training assistance (but none to Guatemala); (2) foreign military financing and direct loans (earmarking amounts for Israel, Jordan, Greece, Turkey, Estonia, Latvia, and Lithuania); and (3) international peacekeeping operations (subject to obligation only through the notification procedures of the Committees on Appropriations). Prohibits foreign military financing for Sudan, Liberia, and Guatemala. Title IV: Multilateral Economic Assistance - Makes appropriations for FY 1998 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) Inter-American Development Bank; (4) Enterprise for the Americas Multilateral Investment Fund; (5) Asian Development Bank; (6) Asian Development Fund; (7) European Bank for Reconstruction and Development; (8) North American Development Bank; and (9) International Monetary Fund. Makes appropriations for FY 1998 for international programs and organizations. Sets certain restrictions on international organization funding, including prohibiting the use of funds made available to the United Nations Population Fund (UNFPA) for activities in China. Prohibits the use of funds for the Korean Peninsula Energy Development Organization (KEDO) or the International Atomic Energy Agency (IAEA). Title V: General Provisions - Specifies uses and limits on the use of funds appropriated by this Act. (Sec. 501) Amends the Support for East European Democracy Act to revise limitations on the compensation of Enterprise Fund board members, officers, and employees to prohibit any payments: (1) to board members other than for services as board members; or (2) to any firm, association, or entity in which a board member serves as partner, director, officer, or employee. (Sec. 502) Prohibits the use of funds for: (1) bilateral funding of international financial institutions; (2) the export of nuclear equipment, fuel, or technology (except for nuclear safety purposes); (3) direct assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, Sudan, or Syria; (4) assistance to any country whose duly elected head of government is deposed by military coup or decree; (5) certain transfers between appropriations accounts without presidential consultation with Congress; (6) assistance to any country in default in excess of a year on payments on a U.S. loan (except for Nicaragua and narcotics-related assistance for Colombia, Bolivia, and Peru); and (7) assistance for certain commodities likely to be in surplus on world markets if it will cause substantial injury to U.S. producers of a similar commodity. (Sec. 514) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity. (Sec. 516) Prohibits the availability of international organization funds for Libya, Iran, or certain Communist countries. (Sec. 517) Declares it is U.S. policy that appropriations for ESF funds allocated to Israel shall not be less than the annual debt repayment from Israel to the United States. (Sec. 518) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning or to motivate or coerce any person to practice abortions, or provide any financial incentive to undergo sterilization. (Sec. 519) Declares that nongovernmental and multilateral organizations shall not be subjected to requirements more restrictive than requirements for foreign governments in determining eligibility for population planning assistance. (Sec. 520) Requires the President to report to the Committees on Appropriations on annual arms sales proposals covering major weapons under the Arms Export Control Act. (Sec. 521) Prohibits the use of funds for Colombia, Dominican Republic, Guatemala (except for development assistance), Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or the Democratic Republic of Congo except through the regular notification procedures of the Committees on Appropriations. (Sec. 523) Makes funds available to AID for family planning, health, child survival, and basic education and AIDS research and control in developing countries. (Sec. 524) Bars funding for indirect assistance to Cuba, Iraq, Libya, Iran, Syria, North Korea, or China unless the President certifies that the withholding of such funds is contrary to U.S. national security interests. (Sec. 525) Amends the Arms Export Control Act to extend the President's waiver authority with respect to reciprocal leasing through FY 1998. (Sec. 526) Requires the Department of Defense (DOD) to notify the Committees on Appropriations before providing excess DOD articles to certain NATO and major non-NATO countries. (Sec. 528) Prohibits bilateral assistance funds to any country which the President determines grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or otherwise supports such activities. Authorizes a waiver by the President for national security and humanitarian reasons, requiring notification to the Committees on Appropriations. (Sec. 529) Authorizes the commercial leasing of defense articles (instead of government-to-government sale) to Israel, Egypt, NATO, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 530) Requires all AID contracts and subcontracts to include a clause requiring that U.S. insurance companies have a fair opportunity to bid when insurance is necessary or appropriate. (Sec. 531) Prohibits U.S. sale of Stinger missiles in the Persian Gulf region, with certain exceptions. (Sec. 532) Authorizes nongovernmental organizations which are AID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in economic activities under the Foreign Assistance Act of 1961, including endowments and debt-for-development and debt-for-nature exchanges. (Sec. 535) Bars assistance to any country that is not in compliance with the United Nations (UN) sanctions against Iraq, unless the President certifies to the Congress that such assistance: (1) is in the national interest; (2) will directly benefit the needy people in that country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. (Sec. 537) Declares that provisions under this or any other Act authorizing appropriations for foreign operations or export financing shall not be construed to prohibit activities authorized by the Peace Corps Act. (Sec. 538) Prohibits the use of funds to provide: (1) any financial incentive to induce a business to relocate outside the United States if it will reduce the number of employees in the United States; (2) assistance for establishing or developing in a foreign country an export processing zone or other designated area in which a country's tax, tariff, labor, environment, and safety laws do not apply to activities in the area, unless the President certifies that such assistance is not likely to cause a loss of U.S. jobs; or (3) assistance for any project that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 539) Declares that no sanction, prohibition, or restriction against Serbia or Montenegro shall cease to be effective, unless: (1) the President certifies to the Congress there is substantial progress toward self-determination in Kosova and substantial improvement in the human rights situation there; and (2) certain requirements are met. (Sec. 540) Declares that funds appropriated under this Act for Afghanistan, Lebanon, and for victims of war, displaced children, displaced Burmese, humanitarian assistance for Romania, and humanitarian assistance for the peoples of Kosova, may be made available notwithstanding any other provision of law. Authorizes the use of foreign assistance funds to support: (1) tropical forestry and energy programs aimed at reducing emissions of greenhouse gases; and (2) biodiversity conservation activities. Authorizes AID to employ personal services contractors to administer programs for the West Bank and Gaza. (Sec. 541) Expresses the sense of the Congress with respect to: (1) immediate public renunciation by Arab League countries of the boycott of Israel and American firms having commercial ties with Israel; and (2) steps the President should take to encourage such renunciation. (Sec. 542) Authorizes the use of ESF funds to strengthen the administration of justice in countries in Latin America, the Caribbean, and in other regions. Allows such use of ESF funds (including for anti-narcotics activities) for Bolivia, Colombia, and Peru. (Sec. 543) Declares that restrictions on assistance to foreign countries contained in this Act or any other Act (except those relating to international terrorism or human rights violations) shall not be construed to restrict assistance: (1) in support of certain programs of nongovernmental organizations; or (2) under the Agricultural Trade Development and Assistance Act of 1954. (Sec. 547) Prohibits the use of funds to pay any assessments, arrearages, or dues of any UN member. (Sec. 550) Prohibits the provision of funds to any foreign government that provides lethal military equipment to a country determined to have a terrorist government, unless it is in the U.S. national interest. (Sec. 552) Prohibits the obligation of any appropriations for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised certain authorities to suspend prohibitions on assistance to the PLO. (Sec. 554) Permits the President to provide a specified amount of commodities and services to the UN War Crimes Tribunal if doing so will contribute to a resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 555) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearing of land mines and unexploded for humanitarian purposes. (Sec. 556) Prohibits the obligation of appropriations to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the Palestinian Authority over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 558) Declares that, to the greatest extent practicable, assistance provided or used for purchases should use American equipment, services, commodities, and products. (Sec. 559) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made under the Foreign Assistance Act of 1961; or (2) credits extended or guarantees issued under the Arms Export Control Act. Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development) (IDA-only countries). Prescribes additional conditions for the exercise of such authority. (Sec. 560) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments, upon receipt of payment from an eligible purchaser that plans to use such loans only for the purposes of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. Limits such authority to funds appropriated by this Act under the heading of debt restructuring. (Sec. 561) Allows specified funds to be made available for assistance for Liberia. (Sec. 562) Requires the President to certify to the Congress that the Guatemalan military is cooperating with efforts to implement a peace settlement and resolve human rights abuses which elements of the Guatemalan military forces are alleged to have committed, ordered, or attempted to thwart the investigation of, as a condition for: (1) availability of any funds provided in this Act for the Guatemalan military forces; and (2) the lifting of restrictions on Guatemala under the headings International Military Education and Training and Foreign Military Financing Program. Exempts from such condition any funds made available to implement a cease-fire or peace agreement. (Sec. 563) Provides for bilateral and multilateral assistance sanctions against countries harboring war criminals indicted with respect to Rwanda. (Sec. 564) Prohibits provision to the Government of Haiti of any funds appropriated or otherwise made available by this Act (except humanitarian, development, or electoral assistance) until the President reports to Congress that such Government is: (1) conducting thorough investigations of extrajudicial and political killings; and (2) cooperating with U.S. authorities in such investigations. Provides for a U.S. national interest waiver of this requirement. (Sec. 565) Requires a specified annual report of the Secretary of State containing the voting record of each foreign member country of the UN to include a side-by-side comparison of each country's overall support for the United States at the UN and the amount of U.S. assistance provided to it in FY 1996. (Sec. 566) Requires the Secretary of Labor to report to the Committees on Appropriations on labor practices in Burma. (Sec. 567) Makes the Government of Haiti eligible to purchase U.S. defense articles and services for the civilian-led Haitian National Police and Coast Guard. (Sec. 568) Directs the Secretary of the Treasury to instruct the U.S. Executive Directors of the World Bank and the International Development Association to encourage such institutions to: (1) provide public information on procurement opportunities available to U.S. suppliers, especially small businesses; and (2) consult with local communities as part of the normal lending process on the potential impact of loans, and expand participation of affected peoples and nongovernmental organizations in decisions on the selection, design and implementation of policies and projects. (Sec. 569) Prohibits the use of funds to the security forces of a foreign country if the Secretary of State believes they have committed gross violations of human rights, unless the Secretary reports to the Committees on Appropriations that such country is taking steps to bring the responsible persons to justice. (Sec. 570) Provides for economic sanctions against the Government of Cambodia unless it takes steps to: (1) end political violence; (2) establish an independent election commission; (3) protect the rights of voters and candidates by establishing electoral laws and procedures guaranteeing freedom of speech and assembly; and (4) eliminate official corruption and collaboration with narcotics smugglers. (Sec. 571) Requires that any agreement between the United States and the Government of Indonesia for the sale of lethal weapons shall state that such items will not be used in East Timor. (Sec. 573) Provides for bilateral and multilateral assistance sanctions against countries harboring war criminals indicted with respect to the former Yugoslavia. (Sec. 574) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1998 the authorization for admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches. Makes September 30, 1998, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status.
United States · United States Congress · 24 June 1997
TABLE OF CONTENTS: Title I: Child Tax Credit; Tax Incentives For Dependent Care and Health Care For Children Title II: Education Incentives Subtitle A: Tax Benefits Relating to Education Expenses Subtitle B: Expanded Education Investment Savings Opportunities Subtitle C: Other Education Initiatives Title III: Savings and Investment Incentives Subtitle A: Retirement Savings Subtitle B: Capital Gains Title IV: Alternative Minimum Tax Reform Title V: Estate, Gift, and Generation-Skipping Tax Provisions Subtitle A: Estate and Gift Tax Provisions Subtitle B: Generation-Skipping Tax Provisions Title VI: Extension and Modification of Certain Expiring Provisions Title VII: Incentives For Revitalization of The District of Columbia Title VIII: Welfare-To-Work Incentives Title IX: Miscellaneous Provisions Subtitle A: Provisions Relating to Excise Taxes Subtitle B: Provisions Relating to Pensions and Fringe Benefits Subtitle C: Revisions Relating to Disasters Subtitle D: Provisions Relating to Employment Taxes Subtitle E: Provisions Relating to Small Businesses Subtitle F: Other Provisions Subtitle G: Extension of Duty-Free Treatment Under Generalized System of Preferences; Tariff Treatment of Certain Equipment and Repair of Vessels Subtitle H: United States-Caribbean Basin Trade Partnership Act Title X: Revenues Subtitle A: Financial Products Subtitle B: Corporate Organizations and Reorganizations Subtitle C: Other Corporate Provisions Subtitle D: Administrative Provisions Subtitle E: Excise Tax Provisions Subtitle F: Provisions Relating to Tax-Exempt Entities Subtitle G: Other Revenue Provisions Title XI: Simplifications and Other Foreign-Related Provisions Subtitle A: General Provisions Subtitle B: Treatment of Controlled Foreign Corporations Subtitle C: Treatment of Passive Foreign Investment Companies Subtitle D: Repeal of Excise Tax on Transfers to Foreign Entities Subtitle E: Information Reporting Subtitle F: Determination of Foreign Status of Partnerships Subtitle G: Other Simplification Provisions Subtitle H: Other Provisions Title XII: Simplification Provisions Relating To Individuals and Businesses Subtitle A: Provisions Relating to Individuals Subtitle B: Provisions Relating to Businesses Generally Subtitle C: Simplification Relating to Electing Large Partnerships Subtitle D: Provisions Relating to Real Estate Investment Trusts Subtitle E: Provisions Relating to Regulated Investment Companies Title XIII: Simplification Provisions Relating To Estate and Gift Taxes Title XIV: Simplification Provisions Relating To Excise Taxes, Tax-Exempt Bonds, and Other Matters Subtitle A: Excise Tax Simplification Subtitle B: Tax-Exempt Bond Provisions Subtitle C: Tax Court Procedures Subtitle D: Other Provisions Title XV: Technical Amendments Related To Small Business Job Protection Act of 1996 and Other Legislation Revenue Reconciliation Act of 1997 - Title I: Child Tax Credit; Modification of Dependent Care Credit - Amends the Internal Revenue Code (IRC) to allow a tax credit of up to $500 dollars for each qualifying child of a taxpayer. (Sec. 102) Provides an inflation adjustment for the dependent care credit. Provides for reductions in the credit as income rises. Title II: Education Incentives - Subtitle A: Tax Benefits Relating to Education Expenses - Permits an individual a tax credit of up to $1,500 per year for the first two years of post-secondary education. (Sec. 202) Permits a total aggregate deduction of up to $40,000 for paid for qualified higher education expenses. (Sec. 203) Waives the ten percent early withdrawal tax due on IRA distributions if the withdrawal is used to pay higher education expenses. (Sec. 204) Permits a limited credit (up to $150) for qualifying expenses of education which supplements elementary and secondary education. Subtitle B: Expanded Education Investment Savings Opportunities - Permits an eligible institution to maintain a qualified State tuition program. Includes room and board in the definition of qualified higher education expenses. Makes additional modifications to the qualified State tuition program including, among other things, provisions concerning: (1) the definition of a family member; (2) estate and gift tax treatment; and (3) excess contributions. (Sec. 212) Exempts, as specified, an education investment account from taxation. Subtitle C: Other Education Initiatives - Extends, until December 31, 1997, the exclusion for employer-provided educational expenses. (Sec. 222) Increases the limit on qualified 501(c)(3) bonds other than hospital bonds. (Sec. 223) Sets forth a special rule for the donation of computer technology and equipment to elementary and secondary schools. (Sec. 224) Revises provisions concerning the cancellation of certain student loans made by tax-exempt organizations. Title III: Savings and Investment Incentives - Subtitle A: Retirement Savings - Establishes the American Dream (AD) IRA and treats it in the same manner as an individual IRA. Prohibits deductions for contributions to an AD IRA. Limits contributions to $2,000 annually. Excludes qualified distributions from gross income. Subtitle B: Capital Gains - Reduces the maximum capital gains rate for individuals from 28 to 20 percent. (Sec. 312) Provides for the indexing of certain assets acquired after December 31, 2000, for purposes of determining gain. (Sec. 313) Revises provisions concerning the one-time exclusion for the gain from the sale of a principal residence to, among other things: (1) increase the exclusion to $250,000 ($500,000 for certain joint returns); (2) allow the exclusion once every two years; and (3) remove the age limitation. (Sec. 321) Provides for a reduction of the alternative tax for corporations. Title IV: Alternative Minimum Tax Reform - Increases the exemption amounts of the individual alternative minimum tax. (Sec. 402) Exempts certain small corporations from the alternative minimum tax. (Sec. 403) Repeals the alternative minimum tax adjustment concerning depreciation. (Sec. 404) Permits farmers to use the installment method of accounting for purposes of the alternative minimum tax. Title V: Estate, Gift, and Generation-Skipping Tax Provisions - Subtitle A: Estate and Gift Tax Provisions - Increases, incrementally, the unified estate and gift tax credit to $1 million by the year 2006. (Sec. 502) Extends the amount of time an estate has to pay taxes where the estate consists largely of a closely held business. Provides for reduced and no interest charges on certain extended amounts. (Sec. 504) Permits a lineal descendent to rent specially-valued farm or trade property without imposition of the additional estate tax. (Sec. 505) Authorizes a U.S. Tax Court to make declaratory judgments concerning initial or continuing eligibility for the payment of an estate tax largely consisting of interests in a closely held business. (Sec 506) Prohibits revaluing gifts for estate tax purposes after the expiration of the statute of limitations. (Sec. 507) Provides that, for a trust other than a foreign trust, any distribution shall be computed without regard to any undistributed net income. (Sec. 508) Provides that with respect to any split-gift property that is included in both spouses' estates the unified credit is increased allowed to a decedent's estate by the amount of the unified credit previously allowed to the decedent's spouse. (Sec. 509) Sets forth provisions concerning the reformation of defective bequests. Subtitle B: Generation-Skipping Tax Provision - Sets forth provisions concerning the severing of trusts holding property having an inclusion ratio of greater than one. (Sec. 512) Extends the predeceased parent exception to transfers to collateral heirs, as specified. Title VI: Extensions - Extends: (1) the research tax credit until June 30, 1998; (2) the special rule for contributions of stock (for which market quotations are readily available) to private foundations until June 30, 1998; (3) the work opportunity tax credit for one year; and (4) permanently, the orphan drug credit. Title VII: Incentives for the Revitalization of the District of Columbia - Provides, with respect to the District of Columbia, for: (1) the establishment of the District of Columbia Enterprise Zone; (2) tax-exempt economic development bonds for the DC Zone; (3) a zero percent capital gains rate for the sale or exchange of any DC Zone asset held for more than five years; and (4) certain credits. Title VIII: Welfare-to-Work Incentives - Provides employers a specified tax credit on wages paid to long-term family assistance recipients for the first two years of their employment. Title IX: Miscellaneous Provisions - Subtitle A: Provisions Relating to Excise Taxes - Repeals the diesel fuel tax applicable to diesel fuel used in recreational boats. (Sec. 902) Revises provisions concerning the tax on recycled halon. (Sec. 903) Provides for a uniform rate of taxation on vaccines. (Sec. 904) Treats an operator of ten or more gasoline retail outlets as a wholesale distributor for refund purposes. (Sec. 905) Provides an exception for electric and other clean-fuel vehicles from the ten percent luxury automobile tax. Subtitle B: Provisions Relating to Pensions and Fringe Benefits - Includes certain irrigation and drainage entities in the definition of rural cooperative plan. (Sec. 912) Exempts governmental plans from nondiscrimination and minimum participation rules. (Sec. 913) Treats heart disease and hypertension as personal injuries or sickness for purposes of excluding from gross income the disability benefits received by former police officers or firefighters. (Sec. 914) Sets forth special rules relating to the portability of permissive service credit under governmental plans. (Sec. 915) Permits limited transfers of qualified employer securities by charitable remainder trusts. (Sec. 916) Sets forth rules concerning: (1) the treatment of certain transportation on non-commercially operated aircraft as a fringe benefit excludable from gross income; (2) increasing the limit on involuntary pension cash-outs; and (3) rules relating to employee stock ownership plans of S corporations. Subtitle C: Revisions Relating to Disasters - Authorizes the Secretary of the Treasury to postpone, for up to 90 days, certain tax- related deadlines in the case of a taxpayer affected by a Presidentially declared disaster. (Sec. 922) Permits the Secretary to prescribe regulations under which an appraisal for the purpose of obtaining a Federal loan as a result of such a disaster may be used to establish the amount of the disaster loss. (Sec. 923) Provides special treatment for income from the sale of livestock sold or involuntarily converted because of drought or other weather related conditions. (Sec. 924) Waives, with respect to qualified mortgage bond financing, specified requirements for residences located in disaster areas. Subtitle D: Provisions Relating to Employment Taxes - Sets forth standards to be used for determining the: (1) employment tax status of individuals distributing bakery products and of securities brokers; (2) exemption from the self-employment tax for certain termination payments received by former insurance salesman; and (3) standards for determining whether individuals are not employees. Subtitle E: Provisions Relating to Small Businesses - Waives any penalty through July 1, 1998, for a taxpayer first required to use the electronic fund transfer system after July 1, 1997, and who does not use such system. (Sec. 942) Provides that a home office qualifies as the principal place of business if: (1) the office is the place of business used by the taxpayer for the administrative or management activities of any trade or business of the taxpayer; and (2) there is no other fixed location of such trade or business where the taxpayer conducts substantial administrative or management activities of such trade or business. Subtitle F: Other Provisions - States that a method of determining inventories shall not be deemed not to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year, subject to conditions. (Sec. 952) Includes liability to pay workers' compensation within the definition of personal injury liability assignments (thus, making amounts received for agreeing to such liability assignment eligible for exclusion from gross income). (Sec. 953)Provides for the tax-exempt status of any organization created by State law which is organized and operated exclusively to provide workmen's compensation. (Sec. 954) Excepts an existing publicly traded partnership which chooses to be subjected to a specified additional tax from the general rule that a publicly traded partnership be treated as a corporation. (Sec. 955) Excludes certain sponsorship payments received by a tax-exempt organization from unrelated taxable income. (Sec. 956) Permits timeshare associations to be taxed under provisions provided for the taxation of other homeowners associations. (Sec. 957) Revises provisions concerning the advance refunding of certain Virgin Island bonds. (Sec. 958) Provides for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. (Sec. 959) Provides a reporting exception for transactions involving the sale or exchange of certain principal residences. (Sec. 960) Increases the business meals deduction for certain individuals subject to the hours of service limitations of the Department of Transportation. (Sec. 961) Excludes from the gross income of a lessee any amount received in cash by a lessee from a lessor: (1) under a short-term lease of retail space; and (2) for the purpose of such lessee's constructing or improving long-term real property for use in the lessee's business. (Sec. 962) Provides for the tax treatment of consolidations of life insurance departments of mutual savings banks. (Sec. 963) Provides for the collection, from Federal overpayments, of past-due State tax obligations. (Sec. 964) Revises provisions concerning: (1) rules for certain clean-fuel passenger vehicles; (2) tax benefits for law enforcement officers killed in the line of duty; and (3) the temporary suspension of the taxable income limit on percentage depletion for marginal income. Subtitle G: Extension of Duty-Free Treatment Under Generalized System of Preferences ; Tariff Treatment of Certain Equipment and Repair of Vessels - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through May 31, 1999. (Sec. 972) Amends the Tariff Act of 1930 to suspend for one year duties due with respect to the repair of certain vessels. Subtitle H: United States-Caribbean Basin Trade Partnership Act - Amends the Caribbean Basin Economic Recovery Act to provide additional trade benefits to Caribbean Basin Initiative countries, including temporary provisions designed to provide NAFTA parity to such countries. Title X: Revenues - Subtitle A: Financial Products - Provides that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. (Sec. 1002) Modifies the definition of an investment company for purposes of determining whether a gain or loss is recognized if property is transferred to a corporation by one or more persons solely in exchange for stock and immediately such person or persons controls such corporation. (Sec. 1004) Extends to all property (currently, only personal property) specified provisions concerning gains or losses from certain cancellations or other terminations of rights or obligations which are capital assets. (Sec. 1005) Set forth provisions concerning: (1) original issue discount where pooled debt obligations are subject to acceleration; and (2) the denial of interest deductions on certain debt instruments. Subtitle B: Corporate Organizations and Reorganizations - Revises provisions concerning a corporate shareholder's basis in stock being reduced by the nontaxed portion of extraordinary dividends received to provide that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain for the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. (Sec. 1012) Revises rules for: (1) distributions of stock and securities of a controlled corporation; (2) redemptions of stock through the use of related corporations; and (3) the holding period applicable to the dividends received deduction. Subtitle C: Other Corporate Provisions - Provides for the treatment of: (1) certain confidential arrangements as tax shelters requiring registration; and (2) certain preferred stock as boot. Subtitle D: Administrative Provisions - Sets forth provisions concerning: (1) the reporting of payments to attorneys; (2) the reporting of payments made by Federal agencies to corporations; (3) extending the Department of Veterans Affairs disclosure provision; (3) a continuous levy, levy exemptions, and levy disclosure; and (4) requiring consistent reporting of the return of a beneficiary's estate or trust return and the return of the estate or trust. Subtitle E: Excise and Tax Provisions - Extends, for ten years, the Airport and Airway Trust Fund taxes. (Sec. 1042) Provides for the taxation of kerosene at the diesel fuel rate. (Sec. 1043) Reduces incentives for alcohol fuel. (Sec. 1044) Restores, until October 1, 2002, the Leaking Underground Storage Tank Trust Fund excise tax. (Sec. 1045) Applies the three percent communications tax to long- distance prepaid telephone cards. Subtitle F: Provisions Relating to Tax-Exempt Entities - Modifies provisions concerning interest, annuities, royalties, and rents received by a tax-exempt organization from a subsidiary and the unrelated business income tax to define the term "control" of a subsidiary to mean ownership of more than 50 percent. (Sec. 1052) Provides, as a general rule, that in the case of a sale or exchange between a tax-exempt entity and a related person, the basis of the related person in the property acquired shall not exceed the adjusted basis of such property in the hands of the tax-exempt entity, increased by the gain recognized to the tax-exempt entity on the transfer which is subject to the unrelated business income tax. (Sec. 1054) Provides for the tax treatment of certain tax-exempt organizations which provide commercial-type insurance. Subtitle G: Other Revenue Provisions - Prohibits a family farm establishing a suspense account when required to use the accrual method of accounting. (Sec. 1062) Limits the net operating loss carryback period to two years and extends the net operating loss carryforward period to 20 years. (Sec. 1063) Prohibits, with respect to life insurance, a deduction for that portion of the taxpayer's interest expense which is allocable to unborrowed policy cash values, subject to exceptions. (Sec. 1064) Modifies basis allocation rules upon distribution of partnership property. (Sec. 1065) Eliminates the requirement that inventory must have substantially appreciated in value to cause ordinary income with respect to rules concerning sales and exchanges of partnership interests. (Sec. 1067) Places specified restrictions on claiming the earned income credit for taxpayers who had improperly claimed the credit in a prior year. (Sec. 1068) Permits the income forecast method of depreciation to be used only for film and video tape, copyrights, books, patents, and other property specified in regulations. (Sec. 1069) Repeals the rule concerning the rental use of vacation homes for less than 15 days per year. (Sec. 1070) Sets forth provisions which: (1) require that involuntarily converted property be replaced with property acquired from an unrelated person in certain cases; (2) repeal the exception permitting the use of the installment method of accounting for certain sales by manufacturers to dealers. Title XI: Simplification and Other Foreign-Related Provisions - Subtitle A: General Provisions - Provides that computer software licensed for reproduction abroad is not excluded from the definition of export property for purposes of the foreign sales corporation provisions. (Sec. 1102) Increases the limitation on the exclusion of foreign earned income. (Sec. 1103)Exempts from the foreign tax credit limitation certain individuals whose entire gross income from sources outside the United States consists of qualified passive income and whose amount of creditable foreign taxes paid does not exceed $300. (Sec. 1104) Revises the method of translating foreign income taxes into dollars by providing, in general, for the use of the average exchange rate for the taxable year. Subtitle B: Treatment of Controlled Foreign Corporations - Provides, with respect to controlled a foreign corporation, for: (1) the treatment of gain on certain stock sales by controlled foreign corporations as dividends; (2) regulations concerning basis adjustments of stock in controlled foreign corporation; and (3) extending the application of the indirect foreign tax credit to taxes paid by certain lower-tier controlled foreign corporations. Subtitle C: Treatment of Passive Foreign Investment Companies - Provides generally that certain U.S. shareholders of controlled foreign corporations will not be subject to passive foreign investment company inclusion. (Sec. 1122) Allows, as specified, a mark-to-market election by a shareholder of a passive foreign investment company. Subtitle D: Repeal of Excise Tax on Transfers to Foreign Entities - Repeals Chapter 5 (Tax on Transfers to Avoid Income Tax) of the IRC. Provides for the recognition of gain on certain transfers to foreign trusts and estates. Subtitle E: Information Reporting - Revises provisions concerning: (1) the return requirement for foreign partnership income; (2) information reporting for controlled foreign corporations; (3) returns as to interests in foreign partnerships; (4) notice of certain transfers to foreign corporations; (5) the statute of limitations applicable in the case of failure to notify the Secretary of certain transactions; and (6) increasing the filing threshold for returns as to organization or reorganization of foreign corporations and acquisitions of stock in such corporations. Subtitle F: Determination of Foreign or Domestic Status of partnerships - Revises the definition of "domestic" when applied to a corporation or partnership to permit the Secretary, by regulation, to provide an exception to such definition for a partnership when the partnership would more properly be treated as a foreign partnership under such regulations. Subtitle G: Other Simplification Provisions - Amends the Small Business Job Protection Act of 1996 to permit a trust in existence on August 20, 1996, and which was treated as a U.S. person on the day before enactment of such Act to elect to continue to be treated as a U.S. person notwithstanding the IRC definition of a U.S. person. (Sec. 1162) Eliminates the stock and securities safe harbor requirement that an entity's principal office be outside the United States. Subtitle H: Other Provisions - Treats as foreign personal holding company income: (1) income from notional principal contracts; and (2) payments in lieu of dividends. Provides, for dealers, for an exception from certain foreign personal holding company income provisions. (Sec. 1172) Provides, for purposes of like-kind exchanges, that personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind. (Sec. 1173) Establishes minimum holding periods for stock dividends in order to qualify for foreign tax credits. (Sec. 1174) Provides for penalties for the failure to disclose that certain international transportation income is not includible in gross income. (Sec. 1176) Prohibits the reduction of interest on underpayments by foreign tax credit carrybacks. (Sec. 1177) Sets forth provisions concerning the period of limitations on a claim for a credit or refund attributable to a foreign tax carryforward. Title XII: Simplification Provisions Relating to Individuals and Businesses - Subtitle A: Provisions Relating to Individuals - Increases the: (1) standard deduction for a taxpayer with respect to whom a dependency exemption is allowed on another taxpayer's return; (2) the alternative minimum tax exemption for minors under the age of 14; and (3) estimated de minimis tax threshold. (Sec. 1204) Revises the treatment of: (1) reimbursed expenses of rural mail carriers; (2) traveling expenses of certain Federal employees engaged in criminal investigations; and (3) the payment of taxes so as to permit payment by any commercially acceptable means (currently, only internal revenue stamps, checks, or money orders are accepted.). Subtitle B: Provisions Relating to Businesses Generally - Permits a taxpayer to elect not to apply the look-back method for a long-term contract for de minimis (below 10 percent of taxable income or loss) amounts. Subtitle C: Simplification Relating to Electing Large Partnerships - Establishes special rules for large partnerships (100 or more partners) which: (1) take into account separately a partner's distributive share of specified items for purposes of determining the income tax of a partner; (2) compute the taxable income of a large partnership in the same manner as in the case of an individual, subject to stated exceptions; and (3) provide for the treatment of partnerships holding oil and gas properties. (Sec. 1222) Creates an audit system for electing large partnerships which provides as a general rule that a partner of any electing large partnership shall, on the partner's return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. Sets forth provisions concerning partnership adjustments which generally will flow through to partners for the year in which the adjustment takes effect. (Sec. 1231) Authorizes the Secretary, with respect to an oversheltered return (a return which shows no taxable income and shows a net loss from partnership items), to send a notice of adjustment in specified situations. (Sec. 1232) Provides, on the basis of a decision of the Secretary, that the partnership return shall determine the audit procedures to be followed. (Sec. 1233) Sets forth provisions, with respect to partnerships, concerning: (1) the statute of limitations and untimely petition filing; (2) the exception for small partnerships (under the definition of partnership); (3) the period for assessing tax where a partner and the Secretary enter a settlement agreement but other partnership items remain in dispute; (4) the time for filing a request for administrative adjustment; (5) the innocent spouse defense in court proceedings; (6) partnership level penalties; (7) court jurisdiction; (8) premature petitions; (9) bonds in appeals from Tax Court decisions; and (10) closing the taxable partnership year with respect to a deceased partner. Subtitle D: Provisions Relating to Real Estate Investment Trusts - Modifies provisions relating to qualification as, and the taxation of, a real estate investment trust, including: (1) rules relating to ownership determination; (2) tenant service income and tenant ownership; (3) repeal of the 30 percent gross income requirement; (4) earnings and profit rules; (5) income from hedges; (6) excess noncash income; and (7) shared appreciation mortgages. Subtitle E: Provisions Relating to Regulated Investment Companies - Repeals, with respect to regulated investment companies, the 30 percent test. Subtitle F: Taxpayer Protections - Provides for the waiver of certain penalties if a failure is shown to be due to reasonable cause and not willful neglect. (Sec. 1282) Permits a taxpayer who was due a refund, but who initially failed to file a return and who received a deficiency notice during the third year after the return's due date, to obtain a refund. (Sec. 1283) Repeals the requirement of the Secretary to disclose, upon request, if a prospective juror has been audited. (Sec. 1284) Specifies, for purposes of the statute of limitations, that the term "return" means the taxpayer's return and not the return of any person form whom the taxpayer has received an item of income, gain, loss, deduction, or credit. (Sec. 1286) Establishes penalties for the unauthorized inspection of returns and return information. Title XIII: Simplification Provisions Relating to Estate and Gift Taxes - Provides that, under specified conditions, gifts to charities are not subject to gift tax filing requirements. (Sec. 1302) Waives the right of recovery with respect to qualified terminable interest property only to the extent that the language in the decedent's will specifically indicates. (Sec. 1303) Treats any trust created before enactment of the Revenue Reconciliation Act of 1990 as satisfying the withholding requirement if it requires all trustees to be U.S. citizens or corporations. (Sec. 1304) Sets forth provisions concerning, among other things: (1) disclaimers (2) the treatment for estate tax purposes of short- term obligations held by nonresident aliens; (3) treating certain revocable trusts as part of the estate; (4) distributions during the first 65 days of the taxable year of the estate; (5) application of the separate share rules to estates; (6) treatment of an estate and a beneficiary as related for purposes of disallowance of losses; (7) treatment of a qualified funeral trust; (8) adjustments for certain gifts within three years of a decedent's death; and (9) the authority to waive the requirement that a qualified domestic trust have a U.S. trustee. Title XIV: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters - Subtitle A: Excise Tax Simplification - Increases the de minimis limit for aftermarket alterations for heavy trucks and luxury cars. (Sec. 1411) Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. (Sec. 1412) Permits records of exportation to be maintained by the exporter for purposes of cancelling or crediting bonds furnished when distilled spirits are removed from bonded premises. (Sec. 1413) Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. (Sec. 1414) Allows beer to be transferred without payment of tax to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. (Sec. 1415) Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. (Sec. 1416) Repeals the requirement that wine returned to bonded premises be unmerchantable in order for the tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. (Sec. 1417) Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. (Sec. 1418) Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. (Sec. 1419) Allows beer to be removed from a brewery without payment of tax for purposes of destruction. (Sec. 1420) Permits a domestic exporter to recover the tax paid on the exported beer with specified proof. (Sec. 1421) Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. (Sec. 1431) Expands the authority of the Secretary to waive the excise tax registration requirement. (Sec. 1432) Repeals certain provisions concerning the: (1) tax on heavy trucks and trailers sold at retail; (2) tax on the removal of hard minerals from the deep seabed; and (3) excise tax on the sale or use by a manufacturer or importer of certain ozone depleting chemicals. Subtitle B: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. (Sec. 1442) Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception, if the spending requirements of that exception are otherwise satisfied. (Sec. 1443) Repeals: (1) the debt service-based limitation on investment in certain nonpurpose investments; and (2) certain expired provisions. Subtitle C: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. (Sec. 1452) Provides for a taxpayer to file a motion, rather than a petition, to seek, in the Tax Court, a redemption of interest. (Sec. 1453) Applies to estates and trusts the net worth limitations currently applicable to individuals. (Sec. 1454) Permits the Tax Court to have jurisdiction over certain employment status disputes. Subtitle D: Other Provisions - Extends the due date of the first quarter estimated tax payment of a private foundation. (Sec. 1462) Permits any Commonwealth to enter into an agreement with the Secretary providing for income tax withholding. (Sec. 1463) Revises provisions concerning the notice to a large corporation of a tax underpayment. Title XV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation - Sets forth, with respect to sections of the Small Business Job Protection Act of 1996 which amend the IRC, provisions concerning, among other things: (1) informational returns for those engaged in selling fish; (2) the definition of an electing small business trust; (3) the treatment of a wholly owned S corporation subsidiary; (4) SIMPLE retirement plans; and (5) the treatment of an employee participating in an Indian tribal government annuity. (Sec. 1502) Sets forth, with respect to sections of the Health Insurance Portability and Accountability Act of 1996 which amend the IRC, provisions concerning, among other things: (1) the tax on nonmedical withdrawals from a medical savings account; (2) the definition of a chronically ill individual for purposes of a long-term care insurance contract; (3) deductions for the health insurance costs of self-employed individuals; (4) reporting requirements concerning long-term care contracts; (5) consumer protection provisions for long- term care insurance contracts; and (6) rules concerning expatriation to avoid tax. (Sec. 1503) Sets forth, with respect to sections of the Taxpayer Bill of Rights Act 2 which amend the IRC, provisions concerning, among other things: (1) abatement of first-tier taxes in certain cases; and (2) returns of exempt organizations. (Sec. 1504) Sets forth other provisions which amend the IRC which are related to the: (1) Energy Policy Act of 1992; (2) Uruguay Round Agreements Act; (3) Omnibus Budget Reconciliation Act of 1993; (4) Tax Reform Act of 1986; and (5) Tax Reform Act of 1984.
United States · United States Congress · 24 June 1997
TABLE OF CONTENTS: Title I: Committee On Agriculture Title II: Committee On Banking and Financial Services Title III: Committee On Commerce-Nonmedicare Subtitle A: Nuclear Regulatory Commission Annual Charges Subtitle B: Lease of Excess Strategic Petroleum Reserve Capacity Subtitle C: Sale of DOE Assets Subtitle D: Communications Subtitle E: Medicaid Title IV: Committee On Commerce-Medicare Subtitle A: MedicarePlus Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions Subtitle E: Prospective Payment Systems Title V: Committee On Education and the Workforce Subtitle A: TANF Block Grant Subtitle B: Higher Education Programs Subtitle C: Repeal of Smith-Hughes Vocational Education Act Subtitle D: Expansion of Portability and Health Insurance Coverage Title VI: Committee On Government Reform and Oversight Subtitle A: Postal Service Subtitle B: Civil Service Title VII: Committee On Transportation and Infrastructure Title VIII: Committee On Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Other Matters Title IX: Committee On Ways and Means-Nonmedicare Subtitle A: TANF Block Grant Subtitle B: Supplemental Security Income Subtitle C: Child Support Enforcement Subtitle D: Restricting Welfare and Public Benefits for Aliens Subtitle E: Unemployment Compensation Subtitle F: Increase in Public Debt Limit Title X: Committee On Ways and Means-Medicare Subtitle A: MedicarePlus Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions Subtitle E: Prospective Payment Systems Subtitle F: Provisions Relating to Part A Subtitle G: Provisions Relating to Part B Only Subtitle H: Provisions Relating to Parts A and B Balanced Budget Act of 1997 - Title I: Committee on Agriculture - Amends the Food Stamp Act to permit State agencies to provide a specified exemption from the food stamp program (program) work requirement for certain individuals. (Sec. 1002) Obligates specified additional funds for program employment and training programs. Sets forth State allocation and additional payment provisions. (Sec. 1003) Authorizes the use of nongovernmental personnel to make program eligibility determinations. Title II: Committee on Banking and Financial Services - Amends the Balanced Budget Downpayment Act, I to extend permanently certain foreclosure avoidance and borrower assistance provisions under the single family housing mortgage insurance program. (Sec. 2003) Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance program to make certain maximum monthly rent adjustment provisions for certain new and rehabilitated and nonturnover units applicable to FY 1999 and thereafter. Title III: Committee on Commerce--Nonmedicare - Subtitle A: Nuclear Regulatory Commission Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from FY 1998 through FY 2002 the authority of the Nuclear Regulatory Commission to assess and collect user fees and annual charges from licensees. Subtitle B: Lease of Excess Strategic Petroleum Reserve Capacity - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to use underutilized Strategic Petroleum Reserve (SPR) facilities to store petroleum product owned by a foreign government. Provides that: (1) such products may be exported without a Federal license; and (2) all attendant agreements shall provide for fees to fully compensate Federal storage and removal costs, including the cost of replacement facilities necessitated as a result of any withdrawals. (Sec. 3101) Instructs the Secretary of Energy (the Secretary) to ensure that such storage agreements do not affect: (1) Federal ability to withdraw, distribute, or sell SPR petroleum in response to an energy emergency; or (2) Federal obligations under the Agreement on an International Energy Program. Makes funds resulting from the leasing of SPR facilities after October 1, 2002, available to the Secretary without further appropriation for petroleum purchases, and for SPR operation and maintenance costs. Subtitle C: Sale of DOE Assets - Instructs the Secretary to sell, during the period FY 1999 through FY 2002, natural and low- enriched uranium that the President has determined is not necessary for national security needs. Prescribes sales terms. Subtitle D: Communications - Amends the Communications Act of 1934 (the Act) to make competitive bidding authority with respect to licenses or construction permits involving exclusive uses of the electromagnetic spectrum inapplicable to such licenses and permits issued by the Federal Communications Commission (FCC) that are: (1) not mutually exclusive; (2) for public safety radio services; (3) for initial licenses or permits assigned to existing terrestrial broadcast licensees for new terrestrial digital television (TV) services; or (4) for public telecommunications services when the application is for channels reserved for noncommercial use. Requires the FCC to provide for the design and conduct of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations of licenses in a single bid and to enter multiple alternative bids within a single bidding round. Eliminates a requirement for the retention of proceeds from competitive bidding by the FCC's salaries and expenses account. Extends competitive bidding authority through FY 2002. Terminates the FCC's authority to provide preferential treatment in licensing procedures to persons who make significant contributions to the development of a new service or new technology that enhances an existing service on this Act's enactment date (currently, such authority expires on September 30, 1998). Eliminates provisions authorizing random selection in granting spectrum licenses or permits. Directs the FCC, by the end of FY 2002, to permit the assignment by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span at least 25 megahertz (mhz.) unless a combination of smaller bands can be expected to produce greater receipts; (2) in the aggregate span at least 100 mhz.; (3) are located below three gigahertz (ghz.); (4) have not been designated for assignment, identified by the Secretary of Commerce as reallocable frequencies, or allocated for Federal Government use or other specified unlicensed use; and (5) include frequencies at 1,710-1,755 mhz. Requires the FCC to notify the Secretary if it is unable to provide for effective relocation of incumbent licensees to available bands of frequencies and has identified bands suitable for relocation that are allocated for Federal use but could be reallocated pursuant to the National Telecommunications and Information Administration Organization Act. Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary to report to the President, the FCC, and the Congress on recommendations for reallocating frequencies allocated for Federal use under the Communications Act of 1934 to such incumbent licensees. Requires the Secretary to recommend for reallocation for use other than by Federal stations bands of frequencies that: (1) in the aggregate span at least 20 mhz.; (2) individually span at least 20 mhz. unless a combination of smaller bands can be expected to produce greater receipts; and (3) are located below three ghz. Directs the FCC to establish competitive bidding procedures designed to secure winning bids of at least two-thirds of $7.5 billion with respect to bidding for frequencies under this section. (Sec. 3302) Amends the Act to prohibit, under competitive bidding provisions, the renewal of a license authorizing analog TV service beyond the end of 2006. Extends such date if more than five percent of households in a market continue to rely exclusively on over-the-air terrestrial analog TV signals. Requires competitive bidding procedures to be designed to secure winning bids of at least two-thirds of $4 billion in the case of bidding for spectrum of expired analog TV licenses. Prohibits the FCC, in prescribing regulations relating to qualifications of bidders for such spectrum, from: (1) precluding any party from being a qualified bidder for spectrum allocated for any use that includes digital TV service on the basis of the FCC's duopoly rule or newspaper cross-ownership rule; or (2) applying either rule to preclude a successful bidder from using such spectrum for digital TV service. (Sec. 3303) Directs the FCC, no later than January 1, 1998, to allocate on a national, regional, or market basis, from radio spectrum between 746 and 806 mhz.: (1) 24 mhz. for public safety services unless the FCC determines that needs can be met in particular areas with fewer mhz.; and (2) the remainder for commercial purposes to be assigned by competitive bidding. Sets deadlines for the assignment of such licenses and for the commencement of competitive bidding. Requires competitive bidding procedures to be designed to secure winning bids of at least two-thirds of $1.9 billion in the case of bidding under this section. Provides that nothing shall preclude the FCC from assigning frequencies described in this Act by competitive bidding at a later date than required if such delay will better attain the objectives of recovering a fair portion of the value of the public spectrum for the public and avoiding unjust enrichment. Requires the FCC to assure that qualifying low-power TV stations are assigned a frequency below 746 mhz. to permit continued operation. (Sec. 3304) Directs the FCC, by July 1, 1997, to initiate a public inquiry required by the Act regarding competitive bidding systems. Subtitle E: Medicaid - Chapter 1: Flexibility - Amends title XIX (Medicaid) of the Social Security Act (SSA) to authorize States to provide Medicaid benefits (except to special needs children) through managed care entities. (Sec. 3402) Eliminates the (75-25) requirement under SSA title XVIII (Medicare) and title XIX that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of a participating health maintenance organization (HMO). (Sec. 3403) Grants States the option of providing Medicaid coverage of primary care case management services without the need for a waiver. (Sec. 3404) Increases from $100,000 to $1 million, indexed annually, the threshold amount for contracts requiring prior approval of the Secretary of Health and Human Services. (Sec. 3405) Requires a Medicaid health plan to cover the length of an inpatient hospital stay as determined medically appropriate by the attending physician (or other attending health care provider as permitted by State law) in consultation with the patient. (Sec. 3411) Repeals "Boren Amendment" provider reimbursement requirements. Requires States to establish a public administrative process for determination of payment rates through publication of proposed rates and a reasonable opportunity for providers, beneficiaries, and other concerned State residents to review and comment. (Sec. 3412) Specifies reductions from 100 percent to 85 percent between FY 1999 through FY 2003 in the percentage of reasonable costs that shall be paid under a State plan for Federally-qualified health center and rural health clinic services (with a special supplemental payment for services furnished under certain managed care contracts). Requires the Comptroller General to report on the impact of such reductions on access to health care for Medicaid beneficiaries and the uninsured served at health centers and rural health clinics, and the ability of such centers and clinics to become integrated in a managed care system. (Sec. 3413) Revises the treatment as broad-based health care related taxes of certain State hospital taxes which currently are not subtracted as revenues from the State share of Medicaid expenditures for purposes of calculating the Federal share of such expenditures. Declares that an exemption from such State hospital tax for certain Federal-tax-exempt hospitals that do not accept Medicaid or Medicare payments (provide free care) shall not disqualify the hospital tax as a broad-based health care related tax (thus allowing continued exclusion of such State hospital tax from the requirement that provider-specific taxes be subtracted from the State share of Medicaid expenditures for purposes of Federal share calculation). (Sec. 3421) Grants States the option to provide for 12-month continuous Medicaid eligibility for children. (Sec. 3422) Requires State Medicaid plan coverage of the Medicare cost-sharing for certain additional low-income Medicare beneficiaries whose income otherwise disqualifies them for specified Medicare benefits. (Sec. 3423) Prescribes criminal penalties for knowingly and willfully, for a fee, counseling or assisting an individual to dispose of assets (including a transfer in trust) in order for that individual to become Medicaid-eligible (fraudulent eligibility). (Sec. 3424) Declares that certain payments in a class settlement of specified cases shall not be considered income or resources in determining Medicaid eligibility. (Sec. 3431) Amends SSA title XVIII to provide for programs of all- inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. States that such individuals need not be eligible for Medicare part A benefits, or enrolled under Medicare part B. Specifies eligibility and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 3432) Details provisions for the coverage of PACE programs under the Medicare program. (Sec. 3434) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities with the costs, quality, and access to services of other PACE providers. (Sec. 3441) Changes from mandatory to discretionary a State's authority to enroll individuals under private group health plans, and pay their premiums. (Sec. 3442) Permits the same co-payments in HMO's as in fee-for- service plans. (Sec. 3443) Repeals: (1) certain physician qualification requirements with respect to services to pregnant women and to children under age 21; and (2) the requirement of prior institutionalization with respect to habilitation services furnished under a waiver for home or community-based services. (Sec. 3445) Provides for benefits for services of physician assistants. (Sec. 3446) Directs the Secretary to provide for a study, and report to the Congress, on the actuarial value of the provision of early and periodic screening, diagnostic, and treatment services under the Medicaid program. (Sec. 3451) Repeals requirements for inspections of the care being provided at mental hospitals and intermediate care facilities for the mentally retarded (ICFS-MR). (Sec. 3452) Authorizes a State, in lieu of terminating a noncompliant ICFS-MR, to establish alternative remedies if the State demonstrates to the Secretary's satisfaction that such alternative remedies are effective in deterring noncompliance and correcting deficiencies. (Sec. 3453) Revises requirements for mechanized claims processing and information retrieval systems. (Sec. 3454) Repeals the requirement for State refund to the Federal Government of any payments received during remediation of a noncompliant nursing facility. (Sec. 3455) Includes the DRUGDEX Information System among the compendia to be used in drug use review for Medicaid payment. (Sec. 3456) Applies certain requirements to the extension of statewide comprehensive research and demonstration projects for which waivers of Medicaid compliance have been granted. (Sec. 3457) Declares that no provision of law shall be construed as preventing any State from allowing determinations of Medicaid eligibility by an entity that is not a State or local government, or by an individual who is not an employee of a State or local government, meeting such qualifications as the State determines. (Sec. 3458) Amends the Omnibus Budget Reconciliation Act of 1989 to extend the moratorium on the treatment of Michigan's Kent Community Hospital Complex and Saginaw Community Hospital as institutions for mental diseases for purposes of Medicaid reimbursement. Chapter 2: Quality Assurance - Amends SSA title XIX to require any State contracting with Medicaid managed care organizations to develop and implement a quality assessment and improvement strategy incorporating certain access standards, monitoring procedures, and other measures. Waives Medicaid HMO requirements for: (1) HMO's with Medicare or MedicarePlus contracts; and (2) HMO's accredited by certain private, nonprofit accrediting organizations. Requires HMO and primary care case management contracts to provide for: (1) submission of care monitoring information to the State agency; (2) maintenance of an internal quality assurance program meeting the Secretary's standards; and (3) effective procedures for resolving grievances between the HMO or primary care case management contractor and enrollees. (Sec. 3462) Requires an HMO to meet solvency standards established by the State for private HMO's, or be State-licensed or -certified as a risk-bearing entity. (Sec. 3463) Provides for: (1) application of the prudent layperson standard for emergency medical condition determinations; (2) prohibition of "gag rule" restrictions against informing patients about their health status or medical care or treatment if the covered health care professional is acting within the lawful scope of practice; (3) various additional specified fraud and abuse protections in managed care; (4) grievances under Medicaid managed care plans; and (5) standards relating to access to obstetrical and gynecological services under Medicaid managed care plans. Chapter 3: Federal Payments - Amends SSA title XIX to require direct State Medicaid payment to disproportionate share hospitals (DSH's) for managed care enrollees. Sets at the FY 1995 level, with specified incremental reductions for high DSH States and other States, the annual DSH allotment through FY 2002. (Sec. 3472) Specifies additional funding for State emergency health services furnished to undocumented aliens. Subtitle F: Child Health Assistance Program (CHAP) - Child Health Assistance Program Act of 1997 - Amends SSA to add a new title XXI (Child Health Assistance Program) (CHAP) in order to provide funds to States to expand the provision of child health care assistance to uninsured, low-income children. Requires a State to submit for the Secretary's approval a child health plan for the use of funds, containing strategic objectives, performance goals, and performance measures. Specifies the benefits to be covered. Allows the use of funds for abortion only if the pregnancy results from rape or incest or if the woman suffers from a physical disorder, illness, or injury that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 3503) Amends SSA title XIX to provide for an increased Medicaid Federal medical assistance percentage (FMAP) for expanded coverage of targeted low-income children. (Sec. 3504) Authorizes an approved State plan to make Medicaid available to a low-income child during a specified presumptive eligibility period after determination that family income does not exceed a certain level. Title IV: Committee on Commerce - Medicare - Subtitle A: MedicarePlus Program - Chapter 1: MedicarePlus Program - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a MedicarePlus program under which each MedicarePlus eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the Medicare fee-for-service program or through a MedicarePlus plan. (Sec. 4001) Outlines the types of MedicarePlus plans that may be available, including: (1) coordinated care plans; (2) plans offered by provider-sponsored organizations; and (3) a combination of MSA (MedicarePlus savings account) plan and contributions to MedicarePlus MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to provide for broad dissemination of coverage option and comparison information to Medicare beneficiaries and prospective Medicare beneficiaries. Directs the Secretary to maintain a toll-free number for inquiries about MedicarePlus options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires MedicarePlus organizations to generally accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of MedicarePlus marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each MedicarePlus plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well, at its option, as certain supplemental benefits subject to the Secretary's approval. Prohibits a MedicarePlus organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Provides for the treatment of services furnished by providers that do not have a contract establishing payment amounts for services furnished to an individual enrolled with a MedicarePlus organization. Requires each MedicarePlus organization to provide the Secretary with information on the extent to which it provides inpatient and outpatient hospital benefits through the use of disproportionate share (DSH) and teaching hospitals. Allows a MedicarePlus organization offering a network plan to enrollees also to offer another plan covering items and services furnished by out-of- network providers. Directs the Secretary to make monthly, advance payments with respect to an individual's coverage to MedicarePlus organizations according to a specified formula. Requires the Secretary to establish separate payment rates for individuals with end-stage renal disease. Directs the Secretary to develop and submit to the Congress a report on a method of risk adjustment of payment rates that accounts for variations in per capita costs based on health status. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a MedicarePlus MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Details rules for the submission and charging of premiums by each MedicarePlus organization. Sets limitations on enrollee cost-sharing for basic, additional, and supplemental benefits, except for MSA plans. Requires the Secretary to audit each year the financial records of at least one-third of the MedicarePlus organizations offering MedicarePlus plans. Prohibits a State from imposing a premium tax or similar tax with respect to payments on MedicarePlus plans or the offering of such plans. Sets out organizational and financial requirements for MedicarePlus organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for MedicarePlus organizations. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and MedicarePlus organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. Directs the Secretary to: (1) study and report to the Congress on the feasibility and impact of removing a certain limitation added by this Act on the eligibility of most individuals medically determined to have end-stage renal disease to enroll in MedicarePlus plans; and (2) report to the Congress on graduate medical education programs operated by MedicarePlus organizations and the extent to which such organizations are providing for payments to DSH and teaching hospitals. (Sec. 4002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 4006) Amends the Internal Revenue Code to outline special rules for MedicarePlus MSA's. Excludes from gross income any payment by the Secretary to an individual's MedicarePlus MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the MedicarePlus MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. (Sec. 4008) Requires each contract with a MedicarePlus organization and each risk-sharing contract with an eligible organization to provide for an additional payment for Medicare's share of allowable direct graduate medical education (GME) costs incurred by such an organization for an approved medical residency program. Directs the Secretary to provide for specified additional payment amounts, subject to certain annual limits, for each Medicare- dependent, small rural hospital, each PPS-exempt hospital, and each hospital reimbursed under an authorized reimbursement system that has an approved medical residency training program and furnishes services to individuals who are enrolled under a risk-sharing contract with an eligible organization and are entitled to Medicare part A. (Sec. 4009) Directs the Secretary to provide for specified additional payment amounts, subject to certain annual limits, for each Medicare-dependent, small rural hospital and each hospital reimbursed under an authorized reimbursement system that: (1) furnishes services to individuals enrolled under a risk-sharing contract with an eligible organization and entitled to Medicare part A, and to individuals who are enrolled with a MedicarePlus organization; and (2) is, or if it were not reimbursed would qualify as, a DSH. Chapter 2: Integrated Long-Term Care Programs - Amends the Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project; and the Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the MedicarePlus program. (Sec. 4018) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Secretary to extend the municipal health service demonstration projects but only with respect to individuals enrolled with such projects before January 1, 1998. Requires the Secretary to work with each such demonstration project to develop a plan (to be submitted to certain congressional committees) for the orderly transition of demonstration projects and project enrollees to a non-demonstration project health care delivery system. Provides that a demonstration project which does not develop and submit such a transition plan by a certain deadline shall be discontinued as of December 31, 1998. (Sec. 4019) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Medicare Payment Advisory Commission - Amends SSA title XVIII to establish the Medicare Payment Advisory Commission (MPAC) to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 4031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is 65 years of age or older with a certain minimum period of creditable coverage. (Sec. 4032) Directs the Secretary to implement a project to demonstrate the application of, and the consequences of applying, a market-oriented pricing system for the provision of a full range of Medicare benefits in a geographic area. Requires the Secretary to appoint: (1) a national advisory committee to make recommendations concerning the appropriate research design for the project and, taking such recommendations into account, designate the areas in which the project will operate; and (2) an area advisory committee to advise the Secretary on actual project implementation in the area. Directs the Secretary to monitor and report periodically to the Congress on the impact of such projects on the price and quality of, and access to, Medicare covered services, and other relevant factors. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of the deductible for screening mammography; (2) screening pelvic exams, providing for their payment under the physician fee schedule; (3) prostate cancer screening tests, providing for payment of the prostate-specific antigen (PSA) blood test under the clinical diagnostic laboratory test fee schedules; (4) colorectal cancer screening tests, subject to prescribed frequency and payment limits, which will include a screening barium enema if found by the Secretary to be an appropriate alternative to certain other tests; (5) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals for the purpose of identifying bone mass or detecting bone loss or determining bone quality. (Sec. 4102) Makes certain changes in existing benefits, such as increasing the frequency of coverage of screening pap smears for high risk women and waiving the deductible that applies to such exams. Requires the Secretary to report to the Congress on: (1) the extent to which the use of certain supplemental computer-assisted diagnostic tests in conjunction with pap smears improves the early detection of cervical or vaginal cancer; and (2) the costs implications for coverage of such supplemental tests under Medicare. (Sec. 4105) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of the health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. (Sec. 4107) Extends the Influenza and Pneumococcal Vaccination Campaign carried out by the Health Care Financing Administration (HCFA) in conjunction with the Centers for Disease Control and Prevention and the National Coalition for Adult Immunization. Authorizes appropriations. (Sec. 4108) Directs the Secretary to request the National Academy of Sciences in conjunction with the United States Preventive Services Task Force to and report to the Congress on the expansion or modification of preventive benefits provided to Medicare beneficiaries. Provides funding. Subtitle C: Rural Initiatives - Directs the Secretary to provide for a four-year demonstration project to use eligible health care provider telemedicine networks to apply high-capacity computing and advanced networks to improve primary care and prevent health care complications to Medicare beneficiaries with diabetes mellitus residing in medically underserved rural or inner-city areas. Provides funding. Subtitle D: Anti-Fraud and Abuse Provisions - Revises requirements for mandatory exclusion of certain individuals and entities from participating in Medicare and State health programs. Mandates an ten-year exclusion of any individual for a second health care related conviction, and permanent exclusion for a third health care related conviction. (Sec. 4302) Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 4303) Requires the annual explanation of Medicare benefits provided to Medicare beneficiaries to include a toll-free telephone number to report Medicare waste, fraud, and abuse. (Sec. 4304) Makes Medicare carriers and fiscal intermediaries liable for reimbursing the Secretary for amounts paid to excluded providers. Makes State agencies liable for reimbursing the Secretary for amounts paid to excluded providers under the Medicaid program. (Sec. 4305) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 4306) Provides for the imposition of civil monetary penalties for any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program. (Sec. 4307) Outlines various specified requirements regarding disclosure of information, surety bonds, and advisory opinions regarding certain physician self-referral provisions. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORF's) and to rehabilitation agencies. (Sec. 4308) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to the Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 4309) Amends SSA title XVIII to direct the Secretary to issue written, binding advisory opinions concerning whether a referral relating to designated health services (other than clinical laboratory services) is prohibited. (Sec. 4310) Provides for: (1) notification of the availability of home health agencies as part of the discharge planning process; and (2) maintenance and disclosure of certain information on post-hospital home health agencies. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns. Subtitle E: Prospective Payment Systems - Chapter 2 (sic): Payment Under Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 4412) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 4413) Directs the Secretary to establish a prospective payment system (PPS) for hospital outpatient department services. (Sec. 4421) Establishes payment rates for outpatient therapy services, with certain co-payments imposed for services furnished after 1998. (Sec. 4422) Provides for: (1) payment of CORF services based on fee schedule amounts; and (2) certain interim reductions in payments for ambulance services. Directs the Secretary to establish a prospective fee schedule for payment of such services. (Sec. 4431) Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. (Sec. 4432) Sets out the framework for demonstration projects for coverage of ambulance services under Medicare through contracts with counties or parishes. Chapter 3: Payment Under Parts A and B - Directs the Secretary to establish a PPS for home health services. Subtitle G (sic): Provisions Relating to Part B Only - Chapter 1: Physicians' Services - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; and (5) phasing-in implementation of resource-based physician practice expense relative value units. (Sec. 4606) Directs the Secretary, for 1999 and 2001, to determine for each hospital: (1) the hospital-specific per discharge relative value according to prescribed guidelines (with a special rule for teaching hospitals); and (2) whether the hospital-specific relative value is projected to be excessive. Requires the Secretary to notify the medical executive committee of each hospital identified as having an excessive hospital-specific relative value of the determinations made with respect to the medical staff. (Sec. 4607) Provides that no x-ray is required for chiropractic services. Directs the Secretary to develop and implement utilization guidelines relating to the coverage of chiropractic services under Medicare part B in cases in which a subluxation has not been demonstrated by x-ray to exist. (Sec. 4608) Provides that effective for electrocardiogram tests performed during 1998, the Secretary shall restore separate payment under Medicare part B for the transportation of electrocardiogram equipment (HCPCS code R0076) based upon the status code and relative value units established for such service as of December 31, 1996. Requires the Comptroller General to report to the Congress on the appropriateness of continuing such payment. Chapter 2: Other Payment Provisions - Provides for a reduction in DME payment amounts and for a payment freeze for parenteral and enteral nutrients, supplies, and equipment. Revises payment rates for oxygen and oxygen equipment, clinical diagnostic laboratory tests, ambulatory surgical services, and drugs and biologicals. (Sec. 4614) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory tests. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 4617) Provides for Medicare coverage of oral drugs prescribed for use as an acute anti-emetic used as part of an anticancer chemotherapeutic regimen under certain conditions. Sets forth special rules for the payment of such drugs. (Sec. 4618) Revises certain requirements with regard to rural health clinic services, including per-visit payment limits for provider-based clinics, assurance of quality services, and certain staffing and shortage area requirements. (Sec. 4619) Provides for increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. Repeals certain restrictions on settings applicable to them. (Sec. 4621) Directs the Secretary to: (1) audit a sample of cost reports of renal dialysis providers for 1995 and for each third year thereafter; and (2) develop and implement a method to measure and report quality of renal dialysis services provider under Medicare in order to reduce payments for inappropriate or low quality care. (Sec. 4622) Provides for payment for cochlear implants as customized DME. Chapter 3: Part B Premium - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Provisions Relating to Medicare Secondary Payer - Revises requirements for Medicare as secondary payer. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Limits beneficiary liability for items and services for which Medicare benefits are incorrectly paid. Chapter 2: Home Health Services - Prohibits the Secretary, in establishing payment limits for cost reporting periods beginning after September 30, 1997, from taking into account any changes in the home health market basket with respect to cost reporting periods beginning on or after July 1, 1994, and before July 1, 1996. (Sec. 4712) Revises requirements for interim payments for home health services. Directs the Secretary to: (1) expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service; and (2) study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 4715) Bases the payment for home health services on the location where the service is furnished. (Sec. 4716) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 4717) Provides that no home health benefits are based solely on drawing blood. (Sec. 4718) Makes Medicare part B the primary payer for certain home health services for an individual entitled to benefits under Medicare part A. Provides for Medicare coverage of post-hospital home health services. Revises requirements for Medicare part B payments with respect to home health services. Provides for the phase-in of additional part B costs in determination of Medicare part B monthly premiums. Directs the Secretary to: (1) report to specified congressional committees on the impact on home health utilization and admissions to hospitals and skilled nursing facilities of Medicare coverage of post- hospital home health services; and (2) further reexamine and report to such committees on this impact one year after the full implementation of the Medicare PPS for home health services. Chapter 3: Baby Boom Generation Medicare Commission - Establishes the Bipartisan Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately during 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve the Medicare program for the period during which such individuals are eligible for Medicare. (Sec. 4721) Directs the Commission to report to the Congress its findings and recommendations regarding how to protect and preserve the Medicare program in a financially solvent manner until 2030 (or, if later, throughout the period of projected solvency of the Federal Old- Age and Survivors Insurance Trust Fund). Requires the report to include detailed recommendations for appropriate legislative initiatives on how to accomplish this objective. Authorizes appropriations. Chapter 4: Provisions Relating to Direct Graduate Medical Education - Sets out provisions relating to direct graduate medical education, including: (1) placing a limitation on the number of residents for cost reporting periods beginning after FY 1998; (2) phasing-in a limitation on hospital overhead and supervisory physician component of direct medical education costs; (3) permitting payment to non-hospital providers; and (4) providing incentive payments under plans for voluntary reduction in the number of residents. (Sec. 4735) Directs the Secretary to establish a demonstration project under which the Secretary shall make payments to specified qualifying consortia instead of teaching hospitals. (Sec. 4736) Requires the Medicare Payment Advisory Commission to examine and develop recommendations for the Congress on whether and to what extent Medicare payment policies and other Federal policies regarding teaching hospitals and graduate medical education should be reformed. (Sec. 4737) Provides a special Medicare reimbursement rule for certain combined residency programs. Chapter 5: Other Provisions - Amends SSA title XVIII to direct the Secretary to use a competitive process to contract with specific hospitals or other entities meeting certain quality standards (centers for excellence) for furnishing services related to surgical procedures as well as other services (unrelated to surgical procedures) to hospital inpatients. (Sec. 4742) Establishes a Medicare part B and Medigap special enrollment period for certain military retirees and dependents during which they may enroll without being subject to a Medicare part B late enrollment penalty. (Sec. 4743) Directs the Secretary to establish and operate a two- year demonstration project in two geographic regions under which the Medicare payment for a selected item or service furnished in the region shall be equal to the price determined pursuant to a certain competitive bidding process meeting specified requirements. Subtitle I: Medical Liability Reform - Chapter 1: General Provisions - Sets forth definitions, limitations, preemption mandates, and specified exclusions relating to health care liability actions brought in any State or Federal court. Chapter 2: Uniform Standards for Health Care Liability Actions - Establishes certain uniform standards for such health care liability actions that include: (1) a general statute of limitations of two years after the date on which the claimant discovered or should have discovered the harm that is the subject of the action; (2) a $250,000 limitation on noneconomic damages; and (3) standards for the awarding of punitive damages (clear and convincing evidence of conscious, flagrant indifference to the rights and safety of others). (Sec. 4813) Declares that any alternative dispute resolution system (ADR) used to resolve a health care liability action or claim shall contain provisions relating to such statute of limitations, non- economic damages, punitive damages, and other specified matters which are identical to the relevant provisions of this subtitle. Title V: Committee on Education and the Workforce - Subtitle A: TANF Block Grant - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 5001) Sets forth requirements relating to State entitlement to non-competitive formula grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on the likelihood of successful long-term placement of individuals into the work force, for State-approved projects proposed by private industry councils or local governments. Prohibits private industry councils from directly providing services using such grant funds. Provides for such grants to territories and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to develop a plan to evaluate the use of such grants. (Sec. 5002) Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. (Sec. 5003) Exempts teen parents from the limitation on the number of persons who may be treated as engaged in work by reason of participation in a vocational education program. (Sec. 5004) Requires that participants in State welfare-to-work programs receive compensation at the same rates (in accordance with applicable law), including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills. Limits the number of hours per month that an assistance recipient may be required to be assigned to on-the-job-training, and to a work experience or community service position with a public agency or nonprofit organization. (Sec. 5005) Requires reduction of a State's welfare-to-work grant if a State fails to reduce assistance for recipients refusing work without good cause. Subtitle B: Higher Education Programs - Amends the Higher Education Act of 1965 (HEA) with respect to title IV student assistance programs. (Sec. 5101) Directs the Secretary of Education to recall for deposit in the Treasury a specified amount of the reserve funds of State and nonprofit private loan insurance programs held by guaranty agencies on September 1, 2002. Denies the Secretary any authority to direct a guaranty agency to return reserve funds before such date. Requires each guaranty agency, between FY 1998 and 2002, to transfer a certain portion of its required share of the projected recall amount into restricted accounts for investment in U.S. obligations or other similarly low-risk securities. (Sec. 5102) Repeals the requirement that the Secretary pay direct loan origination fees to institutions of higher education. (Sec. 5103) Sets funding levels through FY 2002 for mandatory administrative expenses for the student financial aid programs. Reduces the previously authorized level of appropriations for FY 1998 ($750 million), while authorizing increasing amounts for subsequent fiscal years until the level reaches $750 million for FY 2002. Prescribes a formula for the calculation of administrative cost allowances payable to guaranty agencies. (Sec. 5104) Revises requirements for the Secretary's equitable share of collections to: (1) include collections of payments made on behalf of a borrower, such as payments made to discharge loans to obtain a consolidation loan; and (2) specify the share on consolidated defaulted loans. (Sec. 5105) Extends the HEA title IV student assistance program through FY 2002. Subtitle C: Repeal of Smith-Hughes Vocational Education Act - Repeals the Smith-Hughes Vocational Education Act. Subtitle D: Expansion of Portability and Health Insurance Coverage - Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing association health plans, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals, and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. (Sec. 5303) Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. (Sec. 5305) Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) cooperation between Federal and State authorities, and State responsibilities. Title VI: Committee on Government Reform and Oversight - Subtitle A: Postal Service - Repeals provisions authorizing transitional appropriations to the Postal Service. Provides that liabilities of the former Post Office Department to the Employees' Compensation Fund for which appropriations were authorized under such provisions shall remain liabilities payable by the Postal Service. Prohibits payments from being made to the Postal Service Fund pursuant to such provisions for FY 1998. Requires the amount of any such payments that have been made for FY 1998 to be paid from such Fund into the Treasury as miscellaneous receipts before October 1, 1998. Subtitle B: Civil Service - Specifies increases in certain contributions to the Civil Service Retirement System and the Federal Employees Retirement System. (Sec. 6103) Modifies the formula under which the Government contribution for health benefits for a Federal employee or annuitant enrolled in the Federal Employees Health Benefits Program (FEHB) is determined. Title VII: Committee on Transportation and Infrastructure - Extends through FY 2002 the current higher vessel tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 7002) Directs the Administrator of General Services, no earlier than FY 2002, to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York (granting the right of first refusal to the State of New York and the City of New York); and (2) sell the air rights (currently owned by Amtrak) to the land adjacent to Union Station in Washington, D.C. Directs Amtrak to convey such air rights to the Administrator, for subsequent resale, as a condition of future Federal financial assistance. Title VIII: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1997 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002 the authority to require certain veterans to make copayments for the receipt of Department of Veterans Affairs health and medical care benefits. Extends through FY 2002: (1) the requirement that veterans pay $2 for each 30-day supply of medication furnished through the Department for the treatment of a non-service-connected disability or condition; and (2) the right of the United States to recover from a veteran the cost of Department care and services provided for certain non-service-connected disabilities. (Sec. 8013) Establishes in the Treasury the Department of Veterans Affairs Medical Care Collections Fund for receipt of amounts recovered or collected by the Department for the provision of certain reimbursable health care and services provided to veterans and their spouses and dependents. Specifies authorized Fund uses. Requires the Secretary to make certain certifications to the Secretary of the Treasury if amounts recovered in the Fund during FY 1998 through 2000 will be more than $25,000 less than the amount contained in the latest congressional baseline estimate for recovery in that fiscal year. Directs the Secretary to submit quarterly reports to the veterans' committees on the operation of such recovery provisions for such fiscal years and the first quarter of FY 2001. Terminates at the end of FY 1997 the Department of Veterans Affairs Medical-Care Cost Recovery Fund. Directs the Secretary to report to the veterans' committees on the implementation of this section. Extends through FY 2002: (1) the authority of the Secretary to obtain information under the Internal Revenue Code for veterans' income verification purposes; (2) a $90 monthly pension limitation for a Medicaid-covered veteran having neither spouse nor child and being furnished domiciliary or nursing home care by the Department; (3) the authority of the Secretary to charge a home loan fee under the veterans' home loan guaranty program; (4) the default procedures applicable to home liquidation sales under the program; and (5) the authority of the Secretary to issue and guarantee the principal and interest on certificates or other securities representing an interest in a pool of mortgage loans made to veterans and guaranteed by the Secretary. Increases the home loan fee rate charged for the purchase from the Department of repossessed homes (homes the loans for which were defaulted by veterans under the home loan guaranty program). Subtitle B: Other Matters - Provides for the rounding down to the next lower dollar of cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates for FY 1998 through 2002. Allows such adjustments to be no more than the percentage adjustment to social security increases for such year. (Sec. 8022) Revises the notification procedures under which the Secretary may waive all or part of the indebtedness owed by a veteran on account of any loan made to, or assumed or guaranteed by, the Department. Title IX: Committee on Ways and Means--NonMedicare - Subtitle A: TANF Block Grant - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 9001) Sets forth requirements relating to State entitlement to non-competitive grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on program effectiveness and other factors, for State-approved projects proposed by private industry councils and local governments. Requires the targeting of at least 65 percent of available funds for such grants to cities with the greatest number of persons with income below the poverty line. Prohibits private industry councils from directly providing services using such grant funds. Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. Provides for such grants to outlying areas and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a plan to evaluate the use of such grants; and (2) submit interim and final reports to the Congress. (Sec. 9002) Limits to not more than ten percent the portion of TANF block grant funds which a State may use to carry out State programs under SSA title XX block grants to State for social services. (Sec. 9003) Exempts teen parents from the limitation on the number of persons who may be treated as engaged in work by reason of participation in a vocational education program. Increases such limitation from 20 percent to 30 percent of the number of individuals in all families who may be so treated. (Sec. 9004) Limits the number of hours per month that a recipient of assistance may be required to be assigned to a work experience, on- the-job training, or community service position with a public agency or nonprofit organization. Applies Federal and State health and safety standards to the working conditions of participants. Requires the provision of workers' compensation to participants on the same basis as it is provided to other individuals in the State in similar employment. (Sec. 9005) Requires reduction of a State's welfare-to-work grant if the State fails to reduce assistance to recipients refusing work without good cause. Subtitle B: Supplemental Security Income - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to extend by six months the deadline for certain childhood disability redeterminations under SSA title XVI (Supplemental Security Income) (SSI). (Sec. 9102) Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. (Sec. 9103) Prescribes the schedule of administrative fees the Commissioner of Social Security shall assess each State from FY 1997 through 2003 and after for making optional and mandatory State SSI payments to individuals. Revises requirements for deposit of such fees, directing that a portion be credited to a special fund for FY 1998 and subsequent fiscal years for use in defraying expenses. Authorizes appropriations. Subtitle C: Child Support Enforcement - Amends SSA title III (Unemployment Insurance) with respect to the authority to permit certain redisclosures of wage and claim information for purposes related to the child support enforcement program under SSA title IV part D (Child Support and Establishment of Paternity). Subtitle D: Restricting Welfare and Public Benefits for Aliens - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the refugee and asylee eligibility period for Supplemental Security Income (SSI) and Medicaid. Provides a five-year food stamp eligibility period for such aliens. (Sec. 9302) Makes aliens eligible for SSI benefits who were receiving such benefits as of the date of enactment of such Act. Deems Cuban and Haitian entrants and Amerasian immigrants to be "qualified aliens." (Sec. 9303) Provides SSI eligibility for permanent resident aliens who are members of an Indian tribe. (Sec. 9304) Authorizes States to require applicants for State or local benefits to provide eligibility verification. (Sec. 9305) States that an alien who is ineligible for food stamps shall not be eligible for such program based upon SSI eligibility. Authorizes Medicaid eligibility based upon SSI eligibility. Subtitle E: Unemployment Compensation - Declares that no State law definition of a base period shall be considered as meeting the SSA title III (Unemployment Compensation Administration) requirement for a method of administration reasonably calculated to insure full payment of unemployment compensation when due. (Sec. 9402) Amends SSA title IX (Employment Security) to increase the Federal Unemployment Account ceiling. (Sec. 9403) Provides for a special distribution to States of year- end excesses from the Unemployment Trust Fund. (Sec. 9404) Restricts interest-free advances to State accounts in the Unemployment Trust Fund to States which meet or exceed funding goals. (Sec. 9405) Revises the Internal Revenue Code to exempt from the Federal unemployment tax any election officials or election workers whose total annual remuneration for their services is under $1,000. (Sec. 9406) Excludes any service performed by a prison inmate from the definition of employment for unemployment compensation purposes. (Sec. 9407) Exempts from the Federal unemployment tax any services performed for certain income tax-exempt elementary or secondary schools which are operated primarily for religious purposes. (Sec. 9408) Amends SSA title III (Unemployment Compensation Administration) to authorize additional appropriations out of the employment security administration account to carry out State program integrity activities for unemployment compensation, including initial claims review, eligibility review, benefit payments control, and employer liability auditing activities. Subtitle F: Increase in Public Debt Limit - Amends Federal law to provide for an increase in the public debt limit to $5.95 trillion. Title X: Committee on Ways and Means - Medicare - Subtitle A: MedicarePlus Program - Chapter 1: MedicarePlus Program - (This title sets forth provisions generally analogous to those set forth above under title IV of this Act.) Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a MedicarePlus program under which each MedicarePlus eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the Medicare fee-for-service program or through a MedicarePlus plan. (Sec. 10001) Outlines the types of MedicarePlus plans that may be available, including: (1) coordinated care plans; (2) plans offered by provider-sponsored organizations; and (3) a combination of MSA (MedicarePlus savings account) plan and contributions to MedicarePlus MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to: (1) provide for broad dissemination of coverage option and comparative information to Medicare beneficiaries and prospective Medicare beneficiaries; and (2) maintain a toll-free number for inquiries about MedicarePlus options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires a MedicarePlus organization to generally accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of MedicarePlus marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each MedicarePlus plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well as, at its option, certain supplemental benefits, subject to the Secretary's approval. Prohibits a MedicarePlus organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Provides for the treatment of services furnished by providers that do not have a contract establishing payment amounts for services furnished to an individual enrolled with a MedicarePlus organization (other than under an MSA plan). Requires each MedicarePlus organization to provide the Secretary with information on the extent to which it provides inpatient and outpatient hospital benefits through the use of disproportionate share (DSH) and teaching hospitals. Directs the Secretary to: (1) make monthly, advance payments with respect to an individual's coverage to MedicarePlus organizations according to a specified formula; (2) establish separate payment rules for individuals with end-stage renal disease; and (3) develop and submit to the Congress a report on a method of risk adjustment of payment rates that accounts for variations in per capita costs based on health status. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a MedicarePlus MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Sets forth special rules for certain inpatient hospital stays. Details the rules for the submission and charging of premiums by each MedicarePlus organization. Sets limitations on enrollee cost- sharing for basic, additional, and supplemental benefits, except for MSA plans. Requires the Secretary to audit each year the financial records of at least one-third of the MedicarePlus organizations offering MedicarePlus plans. Prohibits a State from imposing a premium tax or similar tax with respect to premiums on MedicarePlus plans or the offering of such plans. Sets forth organizational and financial requirements for MedicarePlus organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for MedicarePlus organizations and plans. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and MedicarePlus organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. Directs the Secretary to: (1) study and report to the Congress on the feasibility and impact of removing a certain limitation added by this Act on the eligibility of most individuals medically determined to have end-stage renal disease to enroll in MedicarePlus plans; and (2) report to the Congress on graduate medical education programs operated by MedicarePlus organizations and the extent to which such organizations are providing for payments to DSH and teaching hospitals. (Sec. 10002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 10006) Amends the Internal Revenue Code to outline special rules for MedicarePlus MSA's. Excludes from gross income any payment by the Secretary to an individual's MedicarePlus MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the MedicarePlus MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. Chapter 2: Integrated Long-Term Care Programs - Amends SSA title XVIII to provide for programs of all-inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. Specifies benefit and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 10012) Amends SSA title XIX (Medicaid) to provide for the establishment of State PACE programs as a State Medicaid option. (Sec. 10014) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities under the demonstration projects with the costs, quality, and access to services of other PACE providers. (Sec. 10015) Amends the: (1) Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project; and (2) Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the MedicarePlus program. (Sec. 10018) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Secretary to extend the municipal health service demonstration projects but only with respect to individuals enrolled with such projects before January 1, 1998. Requires the Secretary to work with each such demonstration project to develop a plan (to be submitted to certain congressional committees) for the orderly transition of demonstration projects and project enrollees to a non-demonstration project health care delivery system. Provides that a demonstration project which does not develop and submit such a transition plan by a certain deadline shall be discontinued as of December 31, 1998. (Sec. 10019) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Medicare Payment Advisory Commission - Amends SSA title XVIII to establish the Medicare Payment Advisory Commission to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 10031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is 65 years of age or older with a certain minimum period of creditable coverage. (Sec. 10032) Directs the Secretary to implement a project to demonstrate the application of, and the consequences of applying, a market-oriented pricing system for the provision of a full range of Medicare benefits in a geographic area. Requires the Secretary to appoint: (1) a national advisory committee to make recommendations concerning the appropriate research design for the project and, taking such recommendations into account, designate the areas in which the project will operate; and (2) an area advisory committee to advise the Secretary on actual project implementation in the area. Directs the Secretary to monitor and report periodically to the Congress on the impact of such projects on the price and quality of, and access to, Medicare covered services, and other relevant factors. Chapter 5: Tax Treatment of Hospitals Participating in Provider Sponsored Organizations - Amends the Internal Revenue Code to provide that an organization shall not fail to be treated as a tax-exempt charitable organization solely because a hospital which it owns and operates also participates in a provider-sponsored organization, whether or not the provider-sponsored organization is exempt from tax. Provides that any person with a material financial interest in such a provider-sponsored organization shall be treated as a private shareholder or individual with respect to the hospital. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of the deductible for screening mammography; (2) screening pelvic exams, providing for their payment under the physician fee schedule; (3) prostate cancer screening tests, providing for payment of the prostate-specific antigen (PSA) blood test under the clinical diagnostic laboratory test fee schedules; (4) colorectal cancer screening tests, subject to prescribed frequency and payment limits, which will include a screening barium enema if found by the Secretary to be an appropriate alternative to certain other tests; (5) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals for the purpose of identifying bone mass or detecting bone loss or determining bone quality. (Sec. 10102) Makes certain changes in existing benefits, such as increasing the frequency of coverage of screening pap smears for high risk women and waiving the deductible that applies to such exams. (Sec. 10105) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of the health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. (Sec. 10107) Extends the Influenza and Pneumococcal Vaccination Campaign carried out by the Health Care Financing Administration (HCFA) in conjunction with the Centers for Disease Control and Prevention and the National Coalition for Adult Immunization. Authorizes appropriations. (Sec. 10108) Directs the Secretary to request the National Academy of Sciences, in conjunction with the United States Preventive Services Task Force, to analyze and report to the Congress on the expansion or modification of preventive benefits provided to Medicare beneficiaries. Provides for funding for such analysis. Subtitle C: Rural Initiatives - Replaces the Essential Access Community Hospital (EACH) Program with an optional Medicare Rural Primary Care Hospital Program under which a State may designate one or more facilities as a rural primary care hospital in accordance with prescribed criteria while continuing payment to previously designated EACH's and rural primary care hospitals. Provides for payment under such new program on a reasonable cost basis. Lengthens the maximum period of permitted inpatient rural primary care hospital stay. (Sec. 10202) Amends SSA title XVIII to prohibit denial, on the basis of wage comparisons, of a rural referral center's request for reclassification. Provides that any hospital classified as a rural referral center for FY 1991 shall be classified as such for FY 1998 and each subsequent fiscal year. (Sec. 10203) Amends SSA title XVIII to permit hospital geographic reclassification for purposes of DSH payment adjustments. (Sec. 10204) Makes certain changes with regard to Medicare- dependent, small rural hospitals, including an extension of the current payment methodology. (Sec. 10205) Directs the Secretary of Health and Human Services to publish and use alternative guidelines under which specified disproportionately large hospitals qualify for geographic reclassification for a fiscal year beginning with fiscal year 1998. (Sec. 10206) Sets the floor on the area wage index applicable to hospitals not located in a rural area for discharges occurring on or after October 1, 1997, for purposes of adjusting DRG prospective payment rates for different area wage levels. Directs the Secretary to adjust the area wage indices for certain hospitals to assure that aggregate payments in a fiscal year for the operating costs of inpatient hospital services are not greater or less than those which would have been made in the year if this requirement did not apply. (Sec. 10207) Directs the Secretary to provide for a four-year demonstration project to use eligible health care provider telemedicine networks to apply high-capacity computing and advanced networks to improve primary care and prevent health care complications to Medicare beneficiaries with diabetes mellitus who are residents of medically underserved rural or inner-city areas. Provides funding. Subtitle D: Anti-Fraud and Abuse Provisions - Revises requirements for mandatory exclusion of certain individuals and entities from participating in Medicare and State health programs. Mandates an ten-year exclusion of any individual for a second health care related conviction, and permanent exclusion for a third health care related conviction. (Sec. 10302) Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 10303) Requires the annual explanation of Medicare benefits provided to Medicare beneficiaries to include a toll-free telephone number to report Medicare waste, fraud, and abuse. (Sec. 10304) Makes Medicare carriers and fiscal intermediaries liable for reimbursing the Secretary for amounts paid to excluded providers. Makes State agencies liable for reimbursing the Secretary for amounts paid to excluded providers under the Medicaid program. (Sec. 10305) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 10306) Provides for the imposition of civil monetary penalties for: (1) any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program; and (2) any person that presents or causes to be presented to any State or Federal agency a claim for a medical or other item or service ordered or prescribed by an excluded person and the person furnishing such item or service knows or should have known of such exclusion. (Sec. 10307) Outlines various specified requirements regarding disclosure of information, surety bonds, and advisory opinions regarding certain physician self-referral provisions. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORF's) and to rehabilitation agencies. (Sec. 10308) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to the Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 10309) Amends SSA title XVIII to direct the Secretary to issue written, binding advisory opinions concerning whether a referral relating to designated health services (other than clinical laboratory services) is prohibited. Subtitle E: Prospective Payment Systems - Chapter 1: Payment Under Part A - Establishes a prospective payment system (PPS) under Medicare for skilled nursing facility (SNF) services and for inpatient rehabilitation hospital services. Provides for consolidated billing of covered SNF services. Requires payment to a SNF of claims for all Medicare part B SNF items and services, identified by code under a uniform coding system specified by the Secretary. Directs the Secretary to establish a thorough medical review process to examine the effects of this Act on the quality of covered SNF services furnished to Medicare beneficiaries. Chapter 2: Payment Under Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 10412) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 10413) Directs the Secretary to establish a PPS for hospital outpatient department services. (Sec. 10421) Establishes payment rates for outpatient therapy services, with certain co-payments imposed for services furnished after 1998. (Sec. 10422) Provides for: (1) payment of CORF services based on fee schedule amounts; (2) certain interim reductions in payments for ambulance services; and (3) establishment of a prospective fee schedule by the Secretary for payment of such services. (Sec. 10431) Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. (Sec. 10432) Sets out the framework for demonstration projects for coverage of ambulance services under Medicare through contracts with counties or parishes. Chapter 3: Payment Under Parts A and B - Directs the Secretary to establish a PPS for home health services. Eliminates periodic interim payments for home health agencies. Subtitle F: Provisions Relating to Part A - Chapter 1: Payment of PPS Hospitals - Revises requirements for PPS hospital payment updates and capital payments for PPS hospitals. (Sec. 10503) Amends SSA title XVIII to provide for a freeze in DSH payment adjustments for Medicare-dependent, small rural hospitals for FY 1998 and 1999. Directs the Secretary to propose to specified congressional committees a modification of the current qualifying criteria and payment methodology under which DSH's are paid. (Sec. 10504) Amends SSA title XVIII to modify requirements for the valuation of capital assets of a hospital or SNF after a change of ownership. Extends their applicability to the capital assets of service providers, instead of just hospitals or SNF's. (Sec. 10505) Revises requirements for payments to hospitals for inpatient hospital services to: (1) eliminate indirect medical education and DSH payments attributable to outlier payments; (2) provide for a reduction in adjustment for indirect medical education; (3) provide for the treatment of certain transfer cases; and (4) increase the base payment rate for Puerto Rico hospitals. Chapter 2: Payment of PPS Exempt Hospitals - Revises requirements for the payment of PPS exempt hospitals, including those for: (1) payment updates; (2) capital payments; (3) bonus and relief payments; (4) payment and target amount for new providers; (5) rebasing; and (6) treatment of certain long-term care hospitals. (Sec. 10518) Amends SSA title XVIII to eliminate any exemptions from the method for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances create a distortion in the increase in costs for a reporting period. Directs the Secretary to publish annually in the Federal Register a report on the total amount of payments to hospitals by reason of any exceptions or adjustments made to the method described above for cost reporting periods ending during the previous fiscal year. Chapter 3: Provisions Related to Hospice Services - Provides for a reduced payment update for hospice services for FY 1998 through 2002. Directs the Secretary to provide for the collection of hospice care program data with respect to the costs of care provided starting in FY 1999. Bases payment for home hospice care on the location where care is furnished. Revises the home hospice care benefit period. Provides for home hospice care coverage of any other items and services specified in a plan. Allows waiver of certain staffing requirements for hospice care programs in non-urbanized areas. Chapter 4: Modification of Part A Home Health Benefit - Provides for modification of the Medicare part A home health benefit for individuals enrolled under Medicare part B to include, for 1998 through 2002, home health services subject to a specified transition reduction and, afterwards, a new post-institutional home health services component for up to 100 visits during a home health spell of illness. Chapter 5: Other Payment Provisions - Requires reductions in Medicare payments for enrollee bad debt. (Sec. 10542) Repeals the termination date to make a permanent extension of the hemophilia passthrough. (Sec. 10543) Eliminates the Medicare part A premium for certain public retirees. Subtitle G: Provisions Relating to Part B Only - Chapter 1: Physicians' Services - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; and (5) phasing-in implementation of resource-based physician practice expense relative value units. (Sec. 10606) Directs the Secretary, for 1999 and 2001, to determine for each hospital: (1) the hospital-specific per discharge relative value according to prescribed guidelines (with a special rule for teaching hospitals); and (2) whether the hospital-specific relative value is projected to be excessive. Requires the Secretary to notify the medical executive committee of each hospital identified as having an excessive hospital-specific relative value of the determinations made with respect to the medical staff. (Sec. 10607) Provides that no x-ray is required for chiropractic services. (Sec. 10608) Provides that effective for electrocardiogram tests furnished during 1998, the Secretary shall restore separate payment under Medicare part B for the transportation of electrocardiogram equipment (HCPCS code R0076) based upon the status code and relative value units established for such service as of December 31, 1996. Directs the Secretary to determine, taking into account the study of coverage of portable electrocardiogram transportation conducted by the Comptroller General and other relevant information, whether coverage of portable electrocardiogram transportation should be provided under Medicare part B. Chapter 2: Other Payment Provisions - Provides for a reduction in DME payment amounts and for a payment freeze for parenteral and enteral nutrients, supplies, and equipment. Revises payment rates for oxygen and oxygen equipment, clinical diagnostic laboratory tests, ambulatory surgical services, and drugs and biologicals. (Sec. 10614) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory tests. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 10617) Provides for Medicare coverage of oral drugs prescribed for use as an acute anti-emetic used as part of an anticancer chemotherapeutic regimen under certain conditions. Sets forth special rules for the payment of such drugs. (Sec. 10618) Revises certain requirements with regard to rural health clinic services, including per-visit payment limits for provider-based clinics, assurance of quality services, and certain staffing and shortage area requirements. (Sec. 10619) Provides for increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. Repeals certain restrictions on settings applicable to them. (Sec. 10621) Directs the Secretary to: (1) audit a sample of cost reports of renal dialysis providers for 1995 and for each third year thereafter; and (2) develop and implement a method to measure and report quality of renal dialysis services provided under Medicare in order to reduce payments for inappropriate or low quality care. Chapter 3: Part B Premium - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Provisions Relating to Medicare Secondary Payer - Revises requirements for Medicare as secondary payer. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Limits beneficiary liability for items and services for which Medicare benefits are incorrectly paid. Chapter 2: Home Health Services - Provides that, in establishing payment limits for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996. (Sec. 10712) Revises requirements for interim payments for home health services. Directs the Secretary to expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service. (Sec. 10714) Directs the Secretary to study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 10715) Bases the payment for home health services on the location where the service is furnished. (Sec. 10716) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 10717) Provides that no home health benefits are based solely on drawing blood. Chapter 3: Baby Boom Generation Medicare Commission - Establishes the Bipartisan Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately during 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve the Medicare program for the period during which such individuals are eligible for Medicare. Requires the Commission also to study the feasibility and desirability of establishing: (1) an independent commission on Medicare to make recommendations annually on how best to match the structure of the Medicare program to available funding for the program; (2) an expedited process for congressional consideration of such recommendations; and (3) a default mechanism to enforce congressional spending targets for the program if the Congress fails to approve such recommendations. Directs the Commission to report to the Congress its findings and recommendations regarding how to protect and preserve the Medicare program in a financially solvent manner until 2030 (or, if later, throughout the period of projected solvency of the Federal Old-Age and Survivors Insurance Trust Fund). Requires the report to include detailed recommendations for appropriate legislative initiatives on how to accomplish this objective. Authorizes appropriations. Chapter 4: Provisions Relating to Direct Graduate Medical Education - Sets out provisions relating to direct graduate medical education, including: (1) placing a limitation on the number of residents for cost reporting periods beginning after FY 1998; (2) phasing-in a limitation on hospital overhead and supervisory physician component of direct medical education costs; (3) permitting payment to non-hospital providers; and (4) providing incentive payments under plans for voluntary reduction in the number of residents. (Sec. 10735) Directs the Secretary to establish a demonstration project under which the Secretary shall make payments to specified qualifying consortia instead of teaching hospitals. (Sec. 10736) Requires the Medicare Payment Advisory Commission to examine and develop recommendations for the Congress on whether and to what extent Medicare payment policies and other Federal policies regarding teaching hospitals and graduate medical education should be reformed. (Sec. 10737) Provides a special Medicare reimbursement rule for certain combined residency programs. Chapter 5: Other Provisions - Amends SSA title XVIII to direct the Secretary to use a competitive process to contract with specific hospitals or other entities meeting certain quality standards (centers for excellence) for furnishing services related to surgical procedures as well as other services (unrelated to surgical procedures) to hospital inpatients. (Sec. 10742) Establishes a Medicare part B and Medigap special enrollment period for certain military retirees and dependents during which they may enroll without being subject to a Medicare part B late enrollment penalty. (Sec. 10743) Establishes a Medicare part B special late penalty- free enrollment period for certain disabled workers whose continuous enrollment under a group health plan is involuntarily terminated. (Sec. 10744) Requires that any advance directive is placed in a prominent part of an individual's current medical record. Subtitle I: Medical Liability Reform - Chapter 1: General Provisions - Sets forth definitions, limitations, preemption mandates, and specified exclusions relating to health care liability actions brought in any State or Federal court. Chapter 2: Uniform Standards for Health Care Liability Actions - Establishes certain uniform standards for such health care liability actions that include: (1) a general statute of limitations of two years after the date on which the claimant discovered or should have discovered the alleged injury that is the subject of the action; (2) a $250,000 limitation on noneconomic damages; and (3) standards for the awarding of punitive damages (clear and convincing evidence of specific intent to cause harm or conscious, flagrant indifference to the rights and safety of others). (Sec. 10813) Declares that any alternative dispute resolution system (ADR) used to resolve a health care liability action or claim shall contain provisions relating to such statute of limitations, non- economic damages, punitive damages, and other specified matters which are identical to the relevant provisions of this subtitle.
United States · United States Congress · 24 June 1997
Alcohol Tax Equalization Act of 1997 - Amends the Internal Revenue Code to increase the rate of tax on wine and beer. Provides for the treatment of floor stocks. Mandates a cost-of-living adjustment for the tax rates on distilled spirits, wine, and beer. Establishes the Substance Abuse Prevention Trust Fund. Appropriates amounts to the Fund equivalent to the amounts received as a result of this Act. Makes amounts in the Fund available to the Substance Abuse and Mental Health Services Administration and the National Highway Traffic Safety Administration for alcohol abuse prevention programs.
United States · United States Congress · 24 June 1997
First-time Homebuyer Affordability Act of 1997 - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a qualified home equity participation arrangement (one in which up to $10,000 in an individual retirement plan is used to acquire an ownership interest in a dwelling unit that is to be used as the principal residence for a first-time homebuyer). Requires such ownership interest to be a fee interest requiring full repayment. Defines "first-time homebuyer" as an individual on whose behalf an individual retirement plan is established (eligible participant) or a family member (child, parent, or grandparent) who had no present ownership interest in a principal residence during the 36-month period before the date of the arrangement. (Sec. 4) Allows the use of amounts in an individual retirement plan to make loans of up to $10,000 to purchase a home for a first-time homebuyer on behalf of an eligible participant or a family member. Prohibits a related interest deduction. Requires repayment within 15 years.
United States · United States Congress · 24 June 1997
Sets forth the rule (modified closed) for the consideration of H.R. 2015 (budget reconciliation) and H.R. 2014 (tax revisions).
United States · United States Congress · 20 June 1997
TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Title II: Committee on Banking, Housing, and Urban Affairs Subtitle A: Mortgage Assignment and Annual Adjustment Factors Subtitle B: Multifamily Housing Reform Title III: Committee on Commerce Science and Transportation Subtitle A: Spectrum Auctions and License Fees Subtitle B: Merchant Marine Provisions Title IV: Committee on Energy and Natural Resources Title V: Committee on Finance Division 1: Medicare Subtitle A: Medicare Choice Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Subtitle E: Prospective Payment Systems Subtitle F: Provisions Relating to Part A Subtitle G: Provisions Relating to Part B Only Subtitle H: Provisions Relating to Parts A and B Division 2: Medicaid and Childrens' Health Insurance Initiatives Subtitle I: Medicaid Subtitle J: Children's Health Insurance Initiatives Division 3: Income Security and Other Provisions Subtitle K: Income Security, Welfare-to-Work Grant Program, and Other Provisions Division 4: Earned Income Credit and Other Provisions Subtitle L: Earned Income Credit and Other Provisions Subtitle M: Welfare Reform Technical Corrections Title VI: Committee on Governmental Affairs Subtitle A: Civil Service and Postal Provisions Subtitle B: GSA Property Sales Title VII: Committee on Labor and Human Resources Title VIII: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Copayments and Medical Care Cost Recovery Subtitle C: Other Matters Title I: Committee on Agriculture, Nutrition, and Forestry - Amends the Food Stamp Act to permit State agencies to provide a specified hardship exemption from the food stamp program (program) work requirement for certain individuals. (Sec. 1002) Obligates specified additional funds for program employment and training programs. Sets forth State allocation and additional payment provisions. Title II: Committee on Banking, Housing, and Urban Affairs - Subtitle A: Mortgage Assignment and Annual Adjustment Factors - Amends the Balanced Budget Downpayment Act, I to extend permanently certain foreclosure avoidance and borrower assistance provisions under the single family housing mortgage insurance program. (Sec. 2003) Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance program to make certain maximum monthly rent adjustment provisions for certain new and rehabilitated and nonturnover units applicable to FY 1999 and thereafter. Subtitle B: Multifamily Housing Reform - Multifamily Assisted Housing Reform and Affordability Act of 1997 - Part 1: FHA-Insured Multifamily Housing Mortgage and Housing Assistance Restructuring - Directs the Secretary (Secretary) of Housing and Urban Development to enter into agreements with participating administrative entities (with preference given to State housing finance agencies) to develop and implement mortgage restructuring and rental assistance plans for FHA-insured multifamily housing mortgages in order to: (1) reduce expiring section 8 contracts costs; (2) address troubled projects; and (3) correct management and ownership deficiencies. Includes two-tiered mortgage restructuring among plan incentives. Terminates program authority as of October 1, 2001. Part 2: Miscellaneous Provisions - Amends the National Housing Act to authorize the Secretary to make rehabilitation grants for certain insured projects. (Sec. 2203) Repeals specified Federal housing preference provisions under the United States Housing Act of 1937, the Cranston-Gonzalez National Affordable Housing Act, the Housing and Urban Development Act of 1965, the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and the Housing and Community Development Act of 1992. Part 3: Enforcement Provisions - Directs the Secretary to issue implementing regulations. Subpart A: FHA Single Family and Multifamily Housing - Amends the National Housing Act to expand HUD authorities with respect to: (1) lender sanctions; (2) equity skimming; and (3) civil money penalties. Subpart B: FHA Multifamily Provisions - Amends the National Housing Act and the Housing Act of 1937 to expand multifamily housing-related civil money penalties. (Sec. 2322) Amends the Housing and Community Development Act of 1987 to extend the double damages remedy. Title III: Committee on Commerce Science and Transportation - Subtitle A: Spectrum Auctions and License Fees - Amends the Communications Act of 1934 (the Act) to revise provisions regarding competitive bidding for use of the electromagnetic spectrum to authorize the Federal Communications Commission (FCC) to: (1) use auctions as a means to assign spectrum; and (2) grant licenses or construction permits for spectrum assignment by competitive bidding at a later date than currently required (by the end of FY 1998) if certain requirements are met and the bidding is conducted in time for assignment by the end of FY 2002. Makes competitive bidding authority inapplicable to licenses or construction permits issued for: (1) public safety services; (2) public telecommunications services when the license application is for channels reserved for noncommercial use; (3) spectrum and associated orbits used within global satellite systems; (4) new digital television (TV) service given to existing terrestrial broadcast licensees to replace current licenses; (5) terrestrial radio and TV broadcasting when the FCC determines that an alternative method of resolving mutually exclusive applications serves the public interest better than competitive bidding; or (6) spectrum allocated for specified unlicensed use if competitive bidding would interfere with operation of end-user products. Extends competitive bidding authority through FY 2007. Requires the FCC, by the end of 2001, to assign by competitive bidding 45 megahertz (mhz.) located at 1,710-1,755 mhz. for commercial use. Provides that Federal Government stations assigned to use such band shall retain use until the end of 2003 unless exempted from relocation. Directs the FCC, by the end of FY 2002, to permit the assignment by competitive bidding of licenses for the use of currently allocated bands of frequencies that: (1) in the aggregate span not less than 100 mhz.; (2) are located below ten gigahertz (ghz.), of which no less than 40 mhz. shall be located below three ghz.; and (3) have not been designated for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act, or allocated for Federal Government use. Requires the FCC to: (1) report to the President and specified congressional committees on recommendations for reallocation through competitive bidding and plans for relocation of displaced users; and (2) attempt to accommodate displaced licensees by relocating them to other frequencies and notify the Secretary whenever unable to provide for effective relocation. Amends the National Telecommunications and Information Administration Organization Act to require the Secretary of Commerce to make specified recommendations, upon receiving a report from the FCC on inability to accommodate displaced licensees, for purposes of reassigning such licensees to frequencies allocated for Government use. Sets forth requirements regarding: (1) the reimbursement of Federal spectrum users for relocation costs; (2) petitions by persons seeking to relocate Federal stations; and (3) Federal rights to reclaim reallocated spectrum. Directs the Secretary to make available for reallocation from Federal frequencies 20 mhz. located below three ghz. (Sec. 3002) Amends the Act to prohibit, under competitive bidding provisions, the renewal of a license authorizing analog TV services beyond the end of 2006. Extends or waives this deadline for a station in any TV market unless 95 percent of the TV households have access to digital local TV signals. Provides that commercial digital TV licenses shall expire at the end of FY 2003. Directs the FCC to report biennially to the Congress on the status of digital TV conversion in each TV market. Sets forth requirements with respect to the resale of, and competitive bidding for, spectrum previously used for the broadcast of analog TV. Directs the FCC to report the total revenues from such bidding by January 1, 2002. Requires the FCC to encourage broadcasters to transmit programming in digital format in the 30 largest markets by November 1, 1999. (Sec. 3003) Directs the FCC, no later than January 1, 1998, to allocate from the electromagnetic spectrum between 746 and 806 mhz.: (1) 24 mhz. for public safety services; and (2) 36 mhz. for commercial purposes to be assigned by competitive bidding. (Sec. 3005) Requires the FCC, within six months after enactment of the Balanced Budget Act of 1997, to: (1) implement a system of spectrum lease fees applicable to newly allocated frequency bands assigned to systems in private wireless service; (2) provide incentives for licensees to confine their radio communications to the area of operation actually required for that communication; and (3) permit FCC-certified private land mobile frequency advisory committees to assist in the computation, assessment, collection, and processing of amounts received under the system of spectrum lease fees. Provides for: (1) a formula to be used by private wireless licensees and committees to compute spectrum lease fees; and (2) lease fees based on the approximate value of the assigned frequencies to licensees (with a fee cap). Directs the FCC to allocate for use under its spectrum lease fee program not less than 12 mhz. of electromagnetic spectrum, previously unallocated to private wireless, located between 150 and 1000 mhz. on a nationwide basis. Establishes in the Treasury an account for the spectrum license fees generated under this Act. Subtitle B: Merchant Marine Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. Title IV: Committee on Energy and Natural Resources - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to store foreign-owned petroleum products in underutilized Strategic Petroleum Reserve (SPR) facilities, subject to the following conditions: (1) funds resulting from the leasing or other use of an SPR facility after October 1, 2002, shall be available to the Secretary, without further appropriation, for SPR petroleum product purchases; (2) such stored petroleum product is neither part of the SPR, nor subject to the contracting requirements governing petroleum product not owned by the United States; and (3) such product may be exported. Title V: Committee on Finance - Division 1: Medicare - Subtitle A: Medicare Choice Program - Chapter 1: Medicare Choice Program - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a Medicare Choice program under which each Medicare Choice eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the traditional Medicare fee-for-service program or through a Medicare Choice plan. (Sec. 5001) Outlines the types of Medicare Choice plans that may be available, including: (1) fee-for-service plans; (2) plans offered by preferred provider organizations; (3) point of service plans; (4) plans offered by provider-sponsored organizations; (5) plans offered by health maintenance organizations; and (6) a combination of MSA (Medicare Choice savings account) plan and contributions to Medicare Choice MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to provide for broad dissemination of coverage option and comparison information to Medicare beneficiaries and prospective Medicare beneficiaries. Directs the Secretary to maintain a toll-free number for inquiries about Medicare Choice options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires any Medicare Choice organization to accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of Medicare Choice marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each Medicare Choice plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well, at its option, as certain supplemental benefits, subject to the Secretary's approval. Prohibits a Medicare Choice organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Directs the Secretary to make monthly advance payments with respect to an individual's coverage to Medicare Choice organizations according to a specified formula. Requires the Secretary to establish separate payment rates for individuals with end-stage renal disease. Directs the Secretary and the Medicare Payment Advisory Commission to each study and report to the Congress on appropriate measures for adjusting the annual Medicare Choice capitation rates to reflect local price indicators. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a Medicare Choice MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Details rules for the submission and charging of premiums by each Medicare Choice organization. Sets limitations on enrollee cost-sharing for basic, additional, and supplemental benefits, except for MSA plans and unrestricted fee-for-service plans. Requires the Secretary to audit each year the financial records of at least third of the Medicare Choice organizations offering Medicare Choice plans. Prohibits a State from imposing a premium tax or similar tax with respect to payments on Medicare Choice plans or the offering of such plans. Sets out organizational and financial requirements for Medicare Choice organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for Medicare Choice organizations. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and Medicare Choice organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. (Sec. 5002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 5006) Amends the Internal Revenue Code to outline special rules for Medicare Choice MSAs. Excludes from gross income any payment by the Secretary to an individual's Medicare Choice MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the Medicare Choice MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. Chapter 2: Integrated Long-Term Care Programs - Amends SSA title XVIII to provide for programs of all-inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. Specifies benefit and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 5013) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities under the demonstration projects with the costs, quality, and access to services of other PACE providers. (Sec. 5015) Amends the Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project. Amends the Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the Medicare Choice program. (Sec. 5018) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Commissions - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through the year 2030; and (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits under such program, including the extent to which current Medicare update indexes do not accurately reflect inflation. Requires the Commission to make recommendations: (1) to restore the solvency of the Federal Hospital Insurance Trust Fund and the financial integrity of the Federal Supplementary Medical Insurance Trust Fund through the year 2030; and (2) to establish the appropriate financial structure of the Medicare program as a whole and the appropriate balance of benefits covered and beneficiary contributions. Requires recommendations on: (1) the financing of graduate medical education; (2) the feasibility of allowing individuals between age 62 and the Medicare eligibility age to buy into the Medicare program; and (3) the impact of chronic disease and disability trends on future costs and quality of services under the current benefit, financing, and delivery system structure of the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations. (Sec. 5022) Establishes the Medicare Payment Advisory Commission to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 5031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is age 65 or older with a certain minimum period of creditable coverage. Provides for extending the six-month initial enrollment period under the Medicare supplemental policy program to non-elderly Medicare beneficiaries. (Sec. 5032) Creates under the Medicare supplemental policy program a high deductible feature which requires the policy beneficiary to pay annual out-of-pocket expenses (other than premiums) of $1,500 before the policy begins payment of benefits. Chapter 5: Demonstrations - Directs the Secretary to conduct demonstration projects in ten urban areas where less than 25 percent of the Medicare beneficiaries are enrolled with an eligible HMO, as well as three rural areas, which are to be treated as Medicare Choice payment areas. Requires such projects to: (1) apply a pricing methodology for payments to Medicare Choice organizations using a specified competitive market approach; (2) apply a benefit structure and beneficiary premium structure specified in this chapter; and (3) evaluate the effects of the methodology and structures on Medicare fee-for-service spending under Medicare parts A and B in the project area. Requires the Secretary to report on the project to the President, and the President to report to the Congress any legislative recommendations for extending the project to the entire Medicare population. (Sec. 5042) Provides that, in the case of a Medicare Choice payment area in which such a project is being conducted, the annual Medicare Choice capitation rate shall be the standardized payment amount determined according to prescribed guidelines rather than the amount determined under the Medicare Choice program. Establishes within HHS the Office of Competition to administer Medicare Choice competitive pricing demonstrations. (Sec. 5043) Outlines benefits and beneficiary premiums under Medicare Choice competitive pricing demonstrations, which include, respectively, those items and services traditionally covered under Medicare plus prescription drugs as well as any optional supplemental benefits the demonstration plan offers, and certain cost-sharing obligations. (Sec. 5045) Directs the Secretary to implement a time-limited demonstration project for the purpose of evaluating the use of a third-party contractor to conduct the Medicare Choice plan enrollment and disenrollment functions in an area. (Sec. 5046) Directs the Secretary to conduct demonstration projects in a certain number of rural and urban areas for the purpose of evaluating methods, such as case management and other models of coordinated care, that improve the quality of items and services provided to target individuals, and reduce Medicare expenditures for such items and services. Defines target individual as an individual with a chronic illness who is enrolled under the Medicare parts A and B fee-for-service program. Provides for project funding. (Sec. 5047) Authorizes the HHS Secretary and the Secretary of Veterans Affairs to establish a demonstration project under which the HHS Secretary shall reimburse the Secretary of Veterans Affairs from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible veterans. Directs the Secretaries to try to include in the demonstration at least one medical center that is in the same catchment area as a closed military medical facility. Authorizes the HHS Secretary and the Secretary of Veterans Affairs to establish a similar demonstration (subvention) project under which the HHS Secretary shall reimburse the Secretary of Veterans Affairs from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible military retirees or dependents. Directs the Secretary of Defense to waive the enrollment fee for any Medicare-eligible military retiree or dependent enrolled in the managed care option of the TRICARE program for any period for which reimbursement is made under such a demonstration project with respect to such retiree or dependent. Chapter 6: Tax Treatment of Hospitals Participating in Provider-Sponsored Organizations - Amends the Internal Revenue Code to provide that an organization shall not fail to be treated as a tax-exempt charitable organization solely because a hospital which it owns and operates also participates in a provider-sponsored organization, whether or not the provider-sponsored organization is exempt from tax. Provides that for any person with a material financial interest in such a provider-sponsored organization shall be treated as a private shareholder or individual with respect to the hospital. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of coinsurance for screening mammography; (2) colorectal cancer screening tests, subject to prescribed frequency and payment limits; (3) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals. (Sec. 5103) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. Subtitle C: Rural Initiatives - Revises the formula for payments to sole community hospitals, in order to increase a hospital's target amount, by replacing the base cost reporting period with: (1) a hospital's cost reporting period for FY 1997; and (2) allowable operating costs of inpatient hospital services for subsequent fiscal years. Extends the target amount for Medicare- dependent, small rural hospitals. (Sec. 5153) Replaces the Essential Access Community Hospital Program with an optional Medicare Rural Hospital Flexibility Program under which participating States shall develop at least one rural health network in the State and at least one facility that shall be designated as a critical access hospital in accordance with prescribed guidelines. Authorizes the Secretary to award grants to States: (1) for the planning and implementation of the program; and (2) for establishment or expansion of rural emergency medical services. Authorizes appropriations. Directs the Administrator of the Health Care Financing Administration to report to the Congress on the feasibility of, and administrative requirements necessary to establish, an alternative for certain medical diagnoses to the current 96-hour limitation for inpatient care in critical access hospitals. (Sec. 5154) Amends SSA title XVIII to prohibit denial, on the basis of wage comparisons, of a rural referral center's request for reclassification. Provides that any hospital classified as a rural referral center for FY 1991 shall be classified as such for FY 1998 and each subsequent fiscal year. (Sec. 5155) Amends requirements for rural health clinic services with respect to: (1) per-visit payment limits for provider-based clinics; (2) mandatory quality assessment and performance improvement programs; (3) limitation of waivers of certain staffing requirements to clinics participating in the rural health clinic program; (4) the insufficiency of needed health care practitioners in shortage areas; and (5) regulations providing for payment for certain physician assistant services. (Sec. 5156) Directs the Secretary to make payments from the Federal Supplementary Medical Insurance Trust Fund under Medicare part B in accordance with a specified payment methodology for professional consultation via telecommunications systems with a health care provider furnishing a service for which payment may be made to a Medicare beneficiary residing in a rural health professional shortage area, notwithstanding that the individual health care provider providing the professional consultation is not at the same location as the health care provider furnishing the service to that beneficiary. Directs the Secretary to report to the Congress: (1) a detailed analysis of telemedicine and telehealth (T&T) services; and (2) an examination of the possibility of making similar payments for professional consultation via telecommunications systems to Medicare beneficiaries who do not reside in a rural health professional shortage area, are homebound or nursing homebound, and for whom being transferred for health care services imposes a serious hardship. (Sec. 5157) Directs the Secretary to conduct a demonstration project to study the use of eligible health care provider telemedicine networks to implement high-capacity computing and advanced networks to improve primary care and prevent health care complications, improve access to specialty care, and provide educational and training support to rural practitioners. Provides limited funding. Subtitle D: Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity - Chapter 1: Revisions to Sanctions for Fraud and Abuse - Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 5202) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 5203) Provides for the imposition of civil monetary penalties for: (1) any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program; (2) any person that presents or causes to be presented to any State or Federal agency a claim for a medical or other item or service ordered or prescribed by an excluded person and the person furnishing such item or service knows or should have known of such exclusion; and (3) kickbacks. Chapter 2: Improvements in Protecting Program Integrity - Outlines various specified requirements regarding disclosure of information, surety bonds, and accreditation with regard to DME suppliers. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORFs) and to rehabilitation agencies. (Sec. 5212) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 5213) Amends SSA title XI part A (General Provisions) to provide that: (1) Medicare- and Medicaid-related actions against debtors are generally not stayed by bankruptcy proceedings; (2) certain Medicare- and Medicaid-related debts are not dischargeable in bankruptcy; and (3) the repayment of certain debts is considered final. (Sec. 5214) Amends SSA title XVIII to: (1) replace the reasonable charge payment methodology with fee schedules developed by the Secretary for particular services; (2) provide for application of inherent reasonableness to charges for all Medicare part B services other than physicians' services; (3) require bills and requests for payment for services by non-physician practitioners to include diagnostic codes; (4) outline requirements to provide diagnostic information when ordering certain items or services furnished by another entity; (5) mandate establishment of competitive acquisition areas for contract award purposes for the furnishing under Medicare part B after 1997 of described items and services; and (6) prohibit payment under Medicare part A or part B for any expenses for an item or service furnished in a competitive acquisition area by an entity other than an entity with which the Secretary has contracted, except for urgent need, or in other circumstances specified by the Secretary. Chapter 3: Clarifications and Technical Changes - Makes technical amendments with respect to fraud and abuse. Subtitle E: Prospective Payment Systems - Chapter 1: Provisions Relating to Part A - Provides for a prospective payment system (PPS) under Medicare for inpatient rehabilitation hospital services. (Sec. 5302) Directs the Secretary to submit to the Congress a legislative proposal for establishing a case-mix adjusted PPS for long-term care hospitals. Chapter 2: Provisions Relating to Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 5312) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 5313) Directs the Secretary to establish a PPS for hospital outpatient department services. (Sec. 5321) Provides for certain interim reductions in payments for ambulance services. Directs the Secretary to establish a prospective fee schedule for payment of such services. Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. Chapter 3: Provisions Relating to Parts A and B - Declares that updates to per diem limits, with respect to payments to skilled nursing facilities (SNFs), effective for FY 1998, shall be based on cost limits effective for FY 1997. (Sec. 5332) Mandates a PPS for SNF services along with consolidated billing for them. Directs the Secretary, in order to ensure that Medicare beneficiaries are furnished appropriate SNF services, to establish a thorough medical review process to examine the provisions of this chapter and their effect on the quality of covered SNF services furnished to Medicare beneficiaries. (Sec. 5341) Provides that, in establishing payment limits for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996. (Sec. 5342) Revises requirements for interim payments for home health services. Directs the Secretary to expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service. (Sec. 5343) Directs the Secretary to establish a PPS for home health services for cost reporting periods beginning in FY 2000. (Sec. 5344) Bases the payment for home health services on the location where the service is furnished. (Sec. 5361) Provides for a modification of the Medicare part A home health benefit for individuals enrolled under Medicare part B. Provides for specified post-institutional home health services. (Sec. 5362) Imposes a $5 co-payment for Medicare part B home health services. (Sec. 5364) Directs the Secretary to study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 5365) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 5366) Requires each explanation of Medicare part B benefits provided in conjunction with the payment of claims to include the total cost of home health services for which the agency or provider billed. Subtitle F: Provisions Relating to Part A - Chapter 1: Payment of PPS Hospitals - Revises requirements for PPS hospital payment updates and capital payments for PPS hospitals. Chapter 2: Payment of PPS Exempt Hospitals - Revises requirements for the payment of PPS exempt hospitals, including those for: (1) payment updates; (2) capital payments; (3) bonus and relief payments; (4) target amounts for rehabilitation hospitals, long-term care hospitals, and psychiatric hospitals; (5) treatment of certain long-term care hospitals located within other hospitals; and (6) certain cancer hospitals. (Sec. 5427) Amends SSA title XVIII to eliminate any exemptions from the method for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances create a distortion in the increase in costs for a reporting period. Directs the Secretary to publish annually in the Federal Register a report on the total amount of payments to hospitals by reason of any exceptions or adjustments made to the method described above for cost reporting periods ending during the previous fiscal year. Chapter 3: Graduate Medical Education Payments - Revises requirements for direct and indirect Medicare payments for graduate medical education (GME). Limits the number of residents in allopathic and osteopathic medicine. Permits payment to qualified nonhospital providers for direct GME costs. Prohibits restandardization of certain indirect GME payment amounts. Requires the Secretary to provide for direct and indirect GME payments to hospitals for managed care enrollees. (Sec. 5452) Directs the Secretary to establish a demonstration project for making direct GME payments to qualifying consortia instead of teaching hospitals. Chapter 4: Other Hospital Payments - Directs the Secretary to make additional payments (including disproportionate share payments (DSH)) to hospitals for managed care and Medicare Choice enrollees. Revises requirements for DSH payments to hospitals serving vulnerable populations. Eliminates indirect GME and DSH payments attributable to outlier payments. Requires reductions in payments for enrollee bad debt. Increases the base payment rate to Puerto Rico hospitals. Repeals the termination date to make a permanent extension of the hemophilia passthrough. Authorizes Medicare and Medicaid coverage of inpatient hospital and post-hospital extended care services in religious nonmedical health care institutions (currently limited to Christian Science sanatoria). Chapter 5: Payments for Hospice Services - Bases payment for home hospice care on the location where care is furnished. Revises the home hospice care benefit period. Provides for home hospice care coverage of any other items and services specified in a plan. Allows waiver of certain staffing requirements for hospice care programs in non-urbanized areas. Subtitle G: Provisions Relating to Part B Only - Chapter 1: Payments for Physicians and Other Health Care Providers - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; (5) providing for adjustments in relative value units for 1998; and (6) increasing Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. (Sec. 5505) Directs the Comptroller General to review and evaluate the proposed rule on resource-based methodology for practice expenses issued by the Health Care Financing Administration. (Sec. 5508) Directs the Secretary to conduct certain chiropractic services coverage demonstration projects. Chapter 2: Other Payment Provisions - Requires a specified reduction in updates to payment amounts for clinical diagnostic laboratory tests, while lowering the cap on payment amounts. Directs the Secretary to request the Institute of Medicine of the National Academy of Sciences to study Medicare part B payments for clinical laboratory services for a report to the appropriate congressional committees. (Sec. 5522) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory services. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 5523) Provides for a reduction in payment amounts for items of DME. Revises requirements for payment for oxygen and oxygen equipment, ambulatory surgical services, and drugs and biologicals. Provides for a reduction in the increase for parenteral and enteral nutrients, supplies, and equipment. Directs the Secretary to establish service standards and accreditation requirements for persons seeking Medicare part B payment for the providing of oxygen and oxygen equipment to beneficiaries within their homes. Details certain studies, demonstration projects, and congressional reporting relating to access to home oxygen equipment. Chapter 3: Part B Premium and Related Provisions - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over for that succeeding calendar year. (Sec. 5542) Specifies a formula for a mandatory annual income-related increases in the Medicare part B deductible. Amends the Internal Revenue Code to authorize the Secretary of the Treasury, upon the HHS Secretary's request, to disclose to Health Care Financing Administration officers and employees certain income tax return information about a taxpayer required to pay a monthly Medicare part B premium. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Secondary Payor Provisions - Revises requirements for Medicare as secondary payor. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Chapter 2: Other Provisions - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to conform the age for eligibility under Medicare to the retirement age for OASDI benefits. (Sec. 5612) Provides for an increased certification period for certain organ procurement organizations. Division 2: Medicaid and Children's Health Insurance Initiatives - Subtitle I: Medicaid - Chapter 1: Medicaid Savings - Amends SSA title XIX to establish a new part B (Managed Care) giving States the option to require Medicaid-eligible, non-special needs individuals to enroll in managed care arrangements of the individual's choice as a condition of receiving Medicaid. Prescribes requirements for: (1) referral to specialty care; (2) treatment of children with special health care needs; (3) access to emergency care; (4) annual external independent review of managed care entity activities and other specified quality care assurance measures; (5) fraud and abuse prohibitions and protections; and (6) enforcement sanctions. (Sec. 5701) Directs the Secretary to report to specified congressional committees on the effect of managed care entities on the delivery of and payment for the services traditionally provided through certain providers. Directs the Secretary and the Comptroller General to report annually to specified congressional committees on rates paid for hospital services under managed care entities. Directs the Institute of Medicine of the National Academy of Sciences to analyze the quality assurance programs and accreditation standards applicable to managed care entities operating in the private sector or under Medicare contracts to determine if such programs and standards consider the accessibility and quality of the health care items and services delivered under such contracts to low-income individuals. (Sec. 5702) Amends SSA title XIX to grant States the option of providing Medicaid coverage of primary care case management services without the need for a waiver. (Sec. 5703) Repeals the (75-25) requirement that Medicare and Medicaid beneficiaries under SSA titles XVIII and XIX, respectively, constitute less than 75 percent of the membership of a participating HMO. Repeals the prohibition on co-payments for services furnished by HMOs. (Sec. 5711) Repeals "Boren Amendment" provider reimbursement requirements. Requires the Secretary to study and report to the appropriate congressional committees on the effect on access to services, service quality, and service safety of the rate-setting methods used by States as a result of such repeal. (Sec. 5712) Revises requirements for Medicaid payment rates for qualified Medicare beneficiaries, placing a limitation on nonparticipating providers. (Sec. 5713) Provides that a State shall not be deemed out of compliance with certain such requirements because the State contracts, on a capital or other negotiated basis, with selected health care plans, individual health care providers, managed care entities, or other entities for the provision or arrangement of medical assistance, for case management services, or for coordination of medical assistance provided under the State Medicaid plan. (Thus eliminates the requirement of a waiver.) (Sec. 5721) Revises specified limitations of Federal payments for inpatient hospital services furnished by disproportionate share hospitals (DSH), including limitations on certain State DSH expenditures to institutions for mental diseases or other mental health facilities. Chapter 2: Expansion of Medicaid Eligibility - Grants States the option to: (1) permit workers with disabilities to buy into Medicaid; and (2) provide for 12-month continuous Medicaid eligibility for children. Chapter 3: Programs of All-Inclusive Care for the Elderly (PACE) - Authorizes a State to establish a program of all-inclusive care for the elderly (PACE) for individuals who need not be eligible for Medicare part A benefits, or enrolled under Medicare part B. Requires the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under the Medicare and Medicaid programs, specifically comparing costs, quality, and access to services by private, for-profit entities operating under demonstration project waivers with those of other PACE providers. Chapter 4: Medicaid Management and Program Reforms - Repeals: (1) the requirement that a State pay for private insurance; (2) obstetrical and pediatric payment rate and various other specified requirements; and (3) certain physician qualification requirements. Authorizes a State to impose cost-sharing for any Medicaid provided to certain individuals. (Sec. 5755) Revises a specified penalty for fraudulent eligibility. (Sec. 5756) Prohibits the expenditure of Medicaid funds for roads, bridges, stadiums, and other items and services not covered by a State plan. Conditions issuance or renewal of a DME supplier provider number on the supplier's provision of a surety bond and disclosure of all persons with ownership or control interests in the supplier, and of all subcontractors in which the supplier has a five percent or greater interest. Requires home health agencies to provide a surety bond. Revises conflict-of-interest safeguards. Declares that States are not required to provide medical assistance for items or services furnished by a person or entity convicted of a felony for an offense inconsistent with the best interests of beneficiaries under the State plan. Requires State action for program and beneficiary protection against waste, fraud, and abuse. Directs the Administrator of the Health Care Financing Administration to: (1) develop mechanisms to better monitor and prevent inappropriate Medicaid payments in the case of individuals who are dually eligible for Medicaid and Medicare benefits; (2) study the use of case management or care coordination in order to improve the appropriateness, quality, and cost effectiveness of care for dually- eligible individuals; and (3) work with the States to ensure better care coordination for dual eligibles. (Sec. 5757) Requires the Secretary to study and report to the Congress on: (1) early and periodic screening, diagnostic, and treatment benefits; and (2) the effectiveness of managed care entities in meeting the needs of Medicaid enrollees with special health care needs. Chapter 5: Miscellaneous - Provides for: (1) increased Federal medical assistance percentages (FMAPs) for the District of Columbia and Alaska and increased payment caps for the territories; (2) coverage of community-based mental health services and optional coverage of certain Centers for Disease Control screened breast cancer patients; and (3) treatment of veterans pensions. (Sec. 5765) Revises the treatment as broad-based health care related taxes of certain State hospital taxes which currently are not subtracted as revenues from the State share of Medicaid expenditures for purposes of calculating the Federal share of such expenditures. Declares that an exemption from such State hospital tax for certain Federal-tax-exempt hospitals that do not accept Medicaid or Medicare payments (provide free care) shall not disqualify the hospital tax as a broad-based health care related tax (thus allowing continued exclusion of such State hospital tax from the requirement that provider-specific taxes be subtracted from the State share of Medicaid expenditures for purposes of Federal share calculation). Subtitle J: Children's Health Insurance Initiatives - Amends SSA to add a new title XXI (Child Health Insurance Initiatives) in order to provide funds to States to expand the provision of health insurance coverage to low-income children. Mandates coverage that is actuarially equivalent to the benefits required to be offered for a child under the Federal Employees' Health Benefits Program (FEHBP). Requires the use of funds to achieve such purpose through specified outreach activities and, at the State's option, through: (1) a grant program to subsidize employee contributions to a group health plan for health insurance coverage for a dependent low-income child, or to provide FEHBP-equivalent children's health insurance coverage for low- income children in the State; or (2) expansion of coverage of such children under the State Medicaid program who are not otherwise required to be provided medical assistance under Medicaid. Makes appropriations to carry out this title. Directs the Secretary to establish a basic allotment pool for distribution of funds to eligible States, with provision for bonus payments, including incentive bonuses. Prohibits their use for abortions except when necessary to save the life of the mother or if the pregnancy results from rape or incest. Exempts such a State program from the five-year limit on means-tested public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Division 3: Income Security and Other Provisions - Subtitle K: Income Security, Welfare-to-Work Grant Program, and Other Provisions - Chapter 1: Income Security - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make aliens eligible for Supplemental Security Income (SSI) who, as of the date of enactment of such Act, were: (1) receiving such benefits; or (2) disabled and lawfully residing in the United States. Includes Cuban and Haitian entrants within the definition of "qualified alien" for purposes of welfare and public benefits. (Sec. 5812) Extends from five years to seven years the refugee and asylee eligibility period for SSI and Medicaid, and includes Cuban and Haitian entrants within such category. Provides a five-year food stamp eligibility period for such aliens. (Sec. 5813) Exempts from SSI eligibility limitations: (1) permanent resident aliens who are members of an Indian tribe; and (2) certain SSI recipients with pre-January 1, 1979 applications. (Sec. 5816) States that an alien who is ineligible for food stamps shall not be eligible for such program based upon SSI eligibility. Authorizes Medicaid eligibility based upon SSI eligibility. (Sec. 5817) Exempts legal aliens under the age of 19 from the five-year Medicaid limitation. Chapter 2: Welfare-to-Work Grant Program - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 5821) Sets forth requirements relating to State entitlement to non-competitive grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on program effectiveness and other factors, for State-approved projects proposed by local governments. Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. Provides for such grants to outlying areas and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a plan to evaluate the use of such grants; and (2) submit interim and final reports to the Congress. (Sec. 5822) Authorizes State plans to: (1) consolidate and automate the administration of low-income benefit programs, including Medicaid; and (2) contract competitively for the administration of such programs. (Sec. 5823) Revises PRWORA with respect to a State's ability to sanction an individual receiving assistance under the TANF program for noncompliance. Chapter 3: Unemployment Compensation - Amends SSA title IX (Employment Security) with respect to unemployment compensation to increase the Federal Unemployment Account ceiling. (Sec. 5832) Provides for a special distribution to States from the Unemployment Trust Fund. (Sec. 5833) Revises provisions relating to State laws defining base periods for unemployment compensation. (Sec. 5834) Revises the Internal Revenue Code exclude from the definition of employment, for specified unemployment compensation purposes, any service performed by a prison inmate. Division 4: Earned Income Credit and Other Provisions - Subtitle L: Earned Income Credit and Other Provisions - Chapter 1: Earned Income Credit - Prohibits allowing the earned income credit for: (1) ten years, if the credit was found to have been fraudulently claimed; and (2) two years, if the credit was claimed with intentional or reckless disregard of the earned income credit rules. Chapter 2: Increase in Public Debt Limit - Increases the public debt limit. Chapter 3: Miscellaneous - Expresses the sense of the Senate that all cost-of-living adjustments required by statute should accurately reflect the best available estimate of changes in the cost of living. Subtitle M: Welfare Reform Technical Corrections - Welfare Reform Technical Corrections Act of 1997 - Chapter 1: Block Grants for Temporary Assistance to Needy Families - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to make various specified technical as well as substantive amendments with regard to sundry (welfare reform) provisions added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA). (Sec. 5902) Provides for a later deadline for submission of State TANF plans. (Sec. 5903) Revises the computation of bonus grants to States for a decrease in illegitimacy, requiring: (1) use of calendar year instead of fiscal year data; (2) use of the ratio of out-of-wedlock births to all births instead of the number of out-of-wedlock births; and (3) that certain territories be taken into account. Revises the formula for annual reconciliation of payments to States with specified maximums. Limits to non-needy States the requirement for annual State remission of excess funds to HHS. (Sec. 5905) Revises specified mandatory work requirements. States that a family with a disabled parent shall not treated as a two-parent family. Allows the minimum work requirement for a two-parent family to be shared between both parents, if it amounts to a total of at least 55 hours per week. Deems the caretaker relative of a child under age six to meet work requirements if he or she is engaged in work for 20 hours per week. Allows 12 weeks of job search to count as work in a needy State. Extends to married teens the rule that receipt of sufficient education is enough to meet work participation requirements. Exempts teen parents from the limitation on the number of persons that may be treated as engaged in work by virtue of participation in vocational education activities. (Sec. 5906) Reinstates certain special rules applicable to aliens (non-213A aliens) who entered the country under affidavits of support formerly used (before PRAWORA added section 213A to the Immigration and Nationality Act, requiring such affidavits to be contracts enforceable against the sponsor by the alien or by the Federal Government for recovery of any public assistance paid the alien). Revises the income deeming rule for such aliens. (Sec. 5907) Changes from one month to 45 days the deadline for States to file quarterly reports before incurring a penalty. Conforms TANF penalties to those under SSA title IV part D (Child Support and Establishment of Paternity). Provides for additional State TANF grant reductions for States which fail to expend additional State funds to replace previous grant penalty reductions. (Sec. 5908) Requires State quarterly reports to specify: (1) any disability benefits a child is receiving; (2) whether or not a family member under age 20 is also a parent of a child in the family; and (3) the number of families and individuals receiving TANF, and the total dollar value of TANF received by all families. (Sec. 5909) Reduces appropriations for tribal work activities programs. (Sec. 5910) Revises requirements for the methodology for determining child poverty rates to require county-by-county estimates of children in poverty only to the extent available. (Sec. 5913) Amends SSA title XI to: (1) revise the limitation on total payments to each territory under TANF and other specified SSA programs to require the disregard of certain payments under TANF in determining such limitation; and (2) treat certain child care and social services expenditures by territories as SSA title IV part A expenditures for matching grant purposes. (Sec. 5914) Makes conforming amendments to SSA title IV parts D (Child Support and Establishment of Paternity) and E (Foster Care and Adoption Assistance). (Sec. 5917) Amends PRAWORA with regard to the denial of assistance and benefits for drug-related convictions. Revises the exemption from benefit denial for convictions on or before enactment of PRAWORA to specify convictions relating to conduct on or before such enactment date. Chapter 2: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) and PRAWORA to make conforming and technical amendments relating to certain eligibility restrictions on prisoners and eligibility redeterminations and continuing disability reviews with respect to SSI benefits for disabled children. (Sec. 5924) Amends SSA title XI part A (General Provisions) to designate the Commissioner of Social Security instead of the HHS Secretary as the authority who shall determine the timing of grants and payments for jointly financed cooperative agreements or grants concerning SSA title XVI research or demonstration projects. Chapter 3: Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) to modify child support requirements affecting: (1) individuals subject to fee for child support enforcement services; (2) distribution of State-collected support and State options for applicability of certain rules; (3) distribution of collections with respect to families receiving assistance and families under certain agreements; (4) civil penalties for failure to report required information to a State Directory of New Hires; (5) uses of the Federal Parent Locator Service, including access to its registry data for research purposes; (6) collection and use of social security numbers for child support enforcement purposes in State certificates and licenses for marriage, occupational, professional and commercial activities; (7) availability of funds earmarked for the Federal Parent Locator Service; (8) authority to collect child support from Federal employees; (9) direct Federal grants to Indian tribes for child support enforcement; (10) State retention of child support amounts collected on behalf of a child for whom a public agency is making foster care maintenance payments to the extent necessary to reimburse it for such payments; (11) high-volume automated administrative enforcement in interstate cases; and (12) statutory procedures to ensure that persons with child support arrearages have a work or payment plan. (Sec. 5956) Requires State plans for child and spousal support to: (1) mandate notification to the Secretary, whenever the Federal Parent Locator Service is utilized, that the State has reasonable evidence of domestic violence or child abuse, and that disclosure of such information could jeopardize the victims; and (2) prescribe safeguard procedures for State courts to utilize upon notification that the Secretary has such evidence, including a proscription against court disclosure. (Sec. 5959) Amends PRAWORA, with respect to the temporary limitation on payments under the special Federal matching rate for the development costs of automated systems, to revise the formula for allocation of such limitation to include certain systems approved by the Secretary to receive enhanced development funding, as well as systems that have received funding pursuant to a waiver. Chapter 4: Restructuring Welfare and Public Benefits for Aliens - Subchapter A: Eligibility for Federal Benefits - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make certain aliens eligible for Medicare and Railroad Retirement Act benefits. (Sec. 5966) Makes technical corrections with respect to: (1) aliens under withheld deportation; (2) notification of unlawfully present aliens; and (3) Cuban and Haitian entrants. (Sec. 5967) Requires alien veterans to have fulfilled minimum active duty service requirements to be eligible for specified Federal and State public assistance programs. Extends assistance eligibility to the unremarried surviving spouse of such a veteran. (Sec. 5970) States that the term "Federal public benefit" shall not apply with respect to grants, contracts, or appropriations to citizens of a freely associated state under specified circumstances. (Sec. 5971) Expresses the sense of the Congress that permanent resident Hmong and other Highland Lao veterans who fought on behalf of the United States during the Vietnam conflict should be considered veterans for purposes of continuing certain assistance benefits. Subchapter B: General Provisions - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to the treatment of certain battered aliens as "qualified aliens" to: (1) transfer determination authority from the Attorney General to the providing agency; and (2) include the alien child of a battered parent under such definition and under the special income attribution rule. (Sec. 5973) Directs the Attorney General to promulgate procedures for State verification of alien eligibility. (Sec. 5974) Amends provisions concerning qualifying social security quarters. Subchapter C: Miscellaneous Clerical and Technical Amendments; Effective Date - Amends part A (Temporary Assistance for Needy Families) of the Social Security Act to require States receiving specified grants to provide the Immigration and Naturalization Service with identifying information about illegal aliens. Makes technical corrections to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Chapter 5: Child Protection - Amends the Social Security Act to make technical and conforming amendments relating to child protection. Chapter 6: Child Care - Amends the Social Security Act to make technical and conforming amendments relating to child care. (Sec. 5987) Repeals: (1) the Child Development Associate Scholarship Assistance Act of 1985; and (2) the State Dependent Care Development Grants Act. Amends the Elementary and Secondary Education Act of 1965 to repeal the Federal grant eligibility of specified child care programs for at-risk secondary school students who are parents and their children. Amends the Native Hawaiian Education Act to repeal the authority to make direct grants to Native Hawaiian Family-Based Education Centers. Chapter 7: ERISA Amendments Relating to Medical Child Support Orders - Amends the Employee Retirement Income Security Act of 1974 (ERISA), with respect to group health plan coverage of children under a medical child support order, pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), to permit payment of plan benefits to a State or local official in lieu of the child. (Sec. 5992) Requires treatment as a medical child support court order of specified similar administrative orders. (Sec. 5993) Repeals the requirement that a medical child support order specify each health benefit plan to which it applies. Title VI: Committee on Governmental Affairs - Subtitle A: Civil Service and Postal Positions - Specifies increases in certain contributions to Federal civilian retirement systems. (Sec. 6002) Modifies the formula under which the Government contribution for health benefits for a Federal employee or annuitant enrolled in the Federal Employees Health Benefits Program is determined. (Sec. 6003) Repeals the requirement authorizing transitional appropriations to the Postal Service Fund. Subtitle B: GSA Property Sales - Mandates the sale of Governors Island, New York. (Sec. 6012) Mandates the sale of specified air rights adjacent to Washington Union Station, including the air rights of Amtrak transferred to the Administrator of General Services (GSA). Directs Amtrak, as a condition of future Federal financial assistance, to transfer specified air rights to the GSA on or before December 31, 1997. Prohibits Amtrak from obligating Federal funds if it fails to comply. Title VII: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to title IV student assistance programs. (Sec. 7001) Directs the Secretary of Education to recall for deposit in the Treasury a specified amount of the reserve funds of State and nonprofit private loan insurance programs held by guaranty agencies on September 1, 2002. Denies the Secretary any authority to direct a guaranty agency to return reserve funds before such date. Requires each guaranty agency, between FY 1998 and 2002, to transfer a certain portion of its equitable share of the projected recall amount into restricted accounts for investment in U.S. obligations or other similarly low-risk securities. (Sec. 7002) Repeals the requirement that the Secretary pay direct loan origination fees to institutions of higher education. (Sec. 7003) Sets funding levels through FY 2002 for mandatory administrative expenses for the student financial aid programs. Reduces the previously authorized level of appropriations for FY 1998 ($750 million), while authorizing increasing amounts for subsequent fiscal years until the level reaches $750 million for FY 2002. Prescribes a formula for the calculation of administrative cost allowances payable to guaranty agencies. (Sec. 7004) Extends the HEA title IV student assistance program through FY 2002. Title VIII: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1997 - Subtitle A: Extension of Temporary Authorities - Extends through December 1, 2002, the authority of the Secretary of Veterans Affairs to issue and guarantee the principal and interest on certificates or other securities representing an interest in a pool of mortgage loans made to veterans and guaranteed by the Secretary. Extends through FY 2002: (1) the authority of the Secretary to charge a home loan fee under the veterans' home loan guaranty program; (2) the default procedures applicable to home liquidation sales under the program; (3) the authority of the Secretary to obtain information under the Internal Revenue Code for veterans' income verification purposes; and (4) a $90 monthly pension limitation, after three months, for a veteran having neither spouse nor child and being furnished domiciliary or nursing home care by the Department of Veterans Affairs. Subtitle B: Copayments and Medical Care Cost Recovery - Amends the Omnibus Reconciliation Act of 1990 to extend through FY 2002 the authority to require certain veterans to make copayments for the receipt of Department health care benefits. Extends through FY 2002: (1) the requirement that veterans pay $2 for each 30-day supply of medication furnished through the Department for the treatment of a non-service-connected disability or condition; and (2) the right of the United States to recover from a veteran the cost of Department care and services provided for certain non-service-connected disabilities. (Sec. 8023) Establishes in the Treasury the Department of Veterans Affairs Medical Care Collections Fund for receipt of amounts recovered or collected by the Department for the provision of certain reimbursable health care and services provided to veterans and their spouses and dependents. Specifies authorized Fund uses. Transfers to the Fund any unobligated balance of the Department of Veterans Affairs Medical-Care Cost Recovery Fund. Subtitle C: Other Matters - Provides for the rounding down to the next lower dollar of cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates for FY 1998 through 2002. Allows such adjustments to be no more than the percentage adjustment to social security increases for such year. (Sec. 8032) Increases the home loan fee rate charged for the purchase from the Department of repossessed homes (homes the loans for which were defaulted by veterans under the home loan guaranty program). (Sec. 8033) Revises the notification procedures under which the Secretary may waive all or part of the indebtedness owed by a veteran on account of any loan made to, or assumed or guaranteed by, the Department.
United States · United States Congress · 20 June 1997
TABLE OF CONTENTS: Title I: Child Tax Credit and Other Family Tax Relief Title II: Education Incentives Subtitle A: Tax Benefits Relating to Education Expenses Subtitle B: Expanded Education Investment Savings Opportunities Subtitle C: Other Education Initiatives Title III: Savings and Investment Incentives Subtitle A: Retirement Savings Subtitle B: Capital Gains Title IV: Estate, Gift, and Generation-Skipping Tax Provisions Title V: Extensions Title VI: Incentives for Revitalization of the District of Columbia Title VII: Miscellaneous Provisions Subtitle A: Provisions Relating to Excise Taxes Subtitle B: Provisions Relating to Pensions and Fringe Benefits Subtitle C: Revisions Relating to Disasters Subtitle D: Provisions Relating to Small Businesses Subtitle E: Foreign Provisions Subtitle F: Other Provisions Title VIII: Revenues Subtitle A: Financial Products Subtitle B: Corporate Organizations and Reorganizations Subtitle C: Other Corporate Provisions Subtitle D: Administrative Provisions Subtitle E: Excise Tax Provisions Subtitle F: Provisions Relating to Tax-Exempt Entities Subtitle G: Foreign Provisions Subtitle H: Other Revenue Provisions Title IX: Foreign-Related Simplification Provisions Subtitle A: General Provisions Subtitle B: Treatment of Controlled Foreign Corporations Subtitle C: Repeal of Excise Tax on Transfers to Foreign Entities Subtitle D: Information Reporting Subtitle E: Determination of Foreign or Domestic Status of Partnerships Subtitle F: Other Simplification Provisions Title X: Simplification Provisions Relating to Individuals and Businesses Subtitle A: Provisions Relating to Individuals Subtitle B: Provisions Relating to Businesses Generally Subtitle C: Simplification Relating to Electing Large Partnerships Subtitle D: Provisions Relating to Real Estate Investment Trusts Subtitle E: Provisions Relating to Regulated Investment Companies Subtitle F: Taxpayer Protections Title XI: Simplification Provisions Relating to Estate and Gift Taxes Title XII: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters Subtitle A: Excise Tax Simplification Subtitle B: Tax-Exempt Bond Provisions Subtitle C: Tax Court Procedures Subtitle D: Other Provisions Title XIII: Pension Simplification Title XIV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation Revenue Reconciliation Act of 1997 - Title I: Child Tax Credit and Other Family Tax Relief - Amends the Internal Revenue Code (IRC) to allow a tax credit of up to $500 dollars for each qualifying child of a taxpayer. (Sec. 102) Increases the exemption amounts applicable to the alternative minimum tax for individuals. Title II: Education Incentives - Subtitle A: Tax Benefits Relating to Education Expenses - Permits an individual a tax credit of up to $1,500 per year for the first two years of qualified post- secondary education. (Sec. 202) Permits a deduction of up to $2,500 for interest paid during the first five years interest is due on a qualified higher education loan. Makes a dependent ineligible for the deduction if a personal exemption is taken with respect to such dependent. (Sec. 203) Waives the ten percent early withdrawal tax due on IRA distributions if the withdrawal is used to pay higher education expenses. Subtitle B: Expanded Education Investment Savings Opportunities - Excludes from gross income education distributions for qualified higher education expenses from State tuition programs. (Sec. 212) Permits an eligible institution to maintain a qualified State tuition program. Includes room and board in the definition of qualified higher education expenses. Makes additional modifications to the qualified State tuition program including, among other things, provisions concerning: (1) the definition of a family member; (2) estate and gift tax treatment; and (3) excess contributions. (Sec. 213) Exempts an education individual retirement account (defined as a trust created exclusively to pay qualified higher education expenses) from taxation, subject to an exception relating to the imposition of tax on unrelated business income of charitable organizations. Subtitle C: Other Education Initiatives - Permanently extends the exclusion for employer-provided educational expenses. Repeals, with respect to such expenses, the limitation on graduate education. (Sec. 222) Repeals the $150 million limit applicable to qualified 501(c)(3) (charitable organization) bonds. (Sec. 223) Increases the arbitrage rebate exception for public school capital expenditure bonds. (Sec. 224) Makes the two-percent floor on miscellaneous itemized deductions inapplicable to certain elementary and secondary teacher education expenses. Title III: Savings and Investment Incentives - Subtitle A: Retirement Savings - Increases the income limits for active participants with respect to the IRA (Individual Retirement Account) deduction. Removes limitations on a spouse's participation. (Sec. 302) Permits individuals to establish IRA Plus accounts which shall be treated similarly to IRAs. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including excluding qualified distributions from gross income). (Sec. 303) Permits distributions without penalty for: (1) first home purchases; and (2) certain unemployed individuals. (Sec. 304) Permits the investment of IRA assets in certain bullion. Subtitle B: Capital Gains - Reduces the maximum capital gains rate for individuals from 28 to 20 percent. (Sec. 312) Makes the 50 percent exclusion for gain from the sale of small business stock applicable to corporations as well as to individuals. (Sec. 313) Permits the nontaxable rollover of the gain from the sale of small business stock to another qualified small business stock, if done within 60 days of the sale date. (Sec. 314) Revises provisions concerning the one-time exclusion for the gain from the sale of a principal residence to, among other things: (1) increase the exclusion to $250,000 ($500,000 for certain joint returns); (2) allow the exclusion once every two years; and (3) remove the age limitation. Title IV: Estate, Gift, and Generation-Skipping Tax Provisions - Increases, incrementally, the unified estate and gift tax credit to $1 million by the year 2006. (Sec. 402) Provides, in general, for the exclusion from the estate tax of the first $1 million of the value of a qualified family owned business. (Sec. 403) Excludes from the estate tax a portion of land subject to a qualified conservation easement. (Sec. 404) Extends from 10 to 20 the number of installments permitted to an estate for making payments of the estate tax in an estate consisting largely of an interest in a closely held business. Revises provisions concerning the payment of interest on such tax. (Sec. 406) Permits a lineal descendent to rent specially-valued farm or trade property without imposition of the additional estate tax. (Sec. 407) Extends the predeceased parent exception to transfers to collateral heirs, as specified. Title V: Extensions - Extends: (1) the research tax credit until December 31, 1999; (2) the special rule for contributions of stock (for which market quotations are readily available) to private foundations until December 31, 1999; (3) the work opportunity tax credit for 22 months; and (4) permanently, the orphan drug credit. Title VI: Incentives for the Revitalization of the District of Columbia - Permits, in the District of Columbia, the following tax incentives if, prior to January 1, 1998, a Federal law is enacted creating an entity known as the Economic Development Corporation as part of the District of Columbia government: (1) a first-time homebuyers tax credit of up to $5,000; (2) the allocation of up to $75 million in tax credits for certain investments in and loans to businesses; and (3) a zero-percent capital gains rate for capital gains resulting from the sale of qualified assets held over five years. Title VII: Miscellaneous Provisions - Subtitle A: Provisions Relating to Excise Taxes - Repeals the diesel fuel tax applicable to diesel fuel used in recreational boats. (Sec. 702) Establishes the Intercity Passenger Rail Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) each non-Amtrak State. (Sec. 703) Provides for the tax treatment of certain hard cider derived from apples. (Sec. 704) Provides for the transfer of a portion of the 4.3 cents per gallon General Fund motor fuel excise tax to the Highway Trust Fund. (Sec. 705) Revises the rate of tax on certain special motor fuels (benzol, naphtha, and etc). (Sec. 706) Directs the Secretary of the Treasury to conduct a study concerning the options for changing the collection point of the distilled spirits excise tax. (Sec. 707) Extends the alcohol used as fuel credit until December 31, 2007, and the related excise tax exemption until September 30, 2007. (Sec. 708) Adds provisions which regulate the use of semi-generic designations on wine labels. Subtitle B: Provisions Relating to Pensions and Fringe Benefits - Eliminates the percentage (100 percent of compensation or a specified dollar amount) limitation for a defined benefit compensation plan thereby subjecting such plans only to the dollar (indexed for inflation) limitation. (Sec. 712) Modifies rules concerning the partial termination of a pension plan. (Sec. 713) Increases the full funding limit for defined benefit pension plans. (Sec. 714) Requires written spousal consent for distributions from qualified cash or deferred arrangement plans. (Sec. 715) Excludes contributions from a self-employed minister to a church plan on the same basis as if such minister were a church employee. (Sec. 716) Repeals application of the unrelated business income tax for an employee stock ownership plan that is an S corporation shareholder. Subtitle C: Revisions Relating to Disasters - Provides special treatment for income from the sale of livestock sold or involuntarily converted because of drought or other weather related conditions. (Sec. 722) Disregards gain or loss from the sale of livestock for purposes of the earned income credit. (Sec. 723) Waives, with respect to qualified mortgage bond financing, specified requirements for residences located in disaster areas. Subtitle D: Provisions Relating to Small Businesses - Waives any penalty through July 1, 1998, for a taxpayer first required to use the electronic fund transfer system after July 1, 1997, and who does not use such system. (Sec. 732) Permits the use of the installment method of accounting for purposes of computing alternative minimum taxable income. Subtitle E: Foreign Provisions - Provides that computer software is not excluded from the definition of export property under the foreign sales corporation provisions. (Sec. 742) Directs the Secretary to prescribe regulations which determine the extent to which a taxpayer will be denied benefits under an income tax treaty with respect to income from a hybrid entity. (Sec. 743) Excepts certain cash, securities, and obligations from the definition of U.S. property for purposes the controlled foreign corporation (CFC) rules. (Sec. 744) Excepts for purposes of CFC rules, for the 1998 taxable year, certain income derived by a foreign personal holding company in the active conduct of an insurance, banking, financing, or similar business. (Sec. 745) Provides for the treatment of the income nonresident aliens earned as a crew member of a foreign vessel temporarily in the United States, including treating such income as foreign source income. (Sec. 751) Provides generally that certain U.S. shareholders of controlled foreign corporations will not be subject to passive foreign investment company inclusion. (Sec. 752) Allows, as specified, a mark-to-market election by a shareholder of a passive foreign investment company. Subtitle F: Other Provisions - Provides for the tax-exempt status of any organization created by State law which is organized and operated exclusively to provide workmen's compensation. (Sec. 762) Excepts an existing partnership which elects to be subjected to a specified additional tax from the general rule that a publicly traded partnership be treated as a corporation. (Sec. 763) Excludes certain sponsorship payments received by a tax-exempt organization from unrelated taxable income. (Sec. 764) Permits timeshare associations to be taxed under provisions provided for the taxation of other homeowners associations. (Sec. 765) Increases the business meals deduction for certain individuals: (1) subject to the hours of service limitations of the Department of Transportation; and (2) working at specified northern food processing facilities. (Sec. 766) Permits a State or local government employee to deduct expenses incurred in connection with such employment. (Sec. 767) Increases, for purposes of computing the charitable deduction for the use of a passenger automobile, the standard mileage rate. (Sec. 768) Permits: (1) a taxpayer to treat any qualified environmental remediation expenditure incurred by the taxpayer as an expense which is not chargeable to capital account; and (2) any expenditure so treated to be allowed as a deduction. (Sec. 769) Directs the Secretary of the Treasury to provide for a demonstration project assessing the feasibility and desirability of expanding combined Federal and State tax reporting. (Sec. 770) Increases the maximum capital expenditure limit for qualified small issue bonds. (Sec. 771) Extends, for two years, the credit for electricity produced from wind and closed-loop biomass. (Sec. 772) Makes the 100 percent net income limitation applicable to the oil and gas depletion deduction inapplicable for any year in which the annual average wellhead price per barrel of crude oil is less than $14 per barrel. (Sec. 773) Permits cooperative hospital service organizations to purchase patron accounts receivable on a recourse basis and remain tax-exempt. (Sec. 774) Exempts Federal Home Loan Bank Board bonds from the general rule that interest on Federally guaranteed bonds is not tax- exempt. (Sec. 775) Sets forth rules concerning the: (1) period for the deduction for traveling expenses while working away from home, including special rules for construction workers; (2) charitable contribution deduction for certain expenses incurred in support of Native Alaskan subsistence whaling; (3) eligibility criteria for the designation of future enterprise zones in Alaska or Hawaii; (4) de minimis fringe benefit rules concerning no-charge employee meals; and (5) standard for determining the employment tax status of securities brokers. Title VIII: Revenues - Subtitle A: Financial Products - Provides that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. (Sec. 802) Modifies the definition of an investment company for purposes of determining whether a gain or loss is recognized if property is transferred to a corporation by one or more persons solely in exchange for stock and immediately such person or persons controls such corporation. (Sec. 803) Extends to all property (currently, only personal property) specified provisions concerning gains or losses from certain cancellations or other terminations of rights or obligations which are capital assets. Subtitle B: Corporate Organizations and Reorganizations - Revises provisions concerning a corporate shareholder's basis in stock being reduced by the nontaxed portion of extraordinary dividends received to provide that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain for the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. (Sec. 812) Revises rules for: (1) distributions of stock and securities of a controlled corporation; (2) redemptions of stock through the use of related corporations; and (3) the holding period applicable to the dividends received deduction. Subtitle C: Other Corporate Provisions - Revises provisions concerning the registration of tax shelters. Includes as a tax shelter any plan: (1) with a significant purpose being the avoidance of Federal income tax for a corporation; (2) offered to any potential participant under conditions of confidentiality; and (3) for which promoters receive in excess of $100,000. Requires the registration of a corporate tax shelter promoter. (Sec. 822) Treats, subject to exceptions, certain preferred stock as boot. Subtitle D: Administrative Provisions - Sets forth provisions concerning: (1) the reporting of payments made by Federal agencies to corporations; (2) extending the Department of Veterans Affairs disclosure provision; (3) requiring consistent reporting of the return of a beneficiary's estate or trust return and the return of the estate or trust; and (4) a continuous levy, levy exemptions, and levy disclosure. Subtitle E: Excise Tax Provisions - Extends, for ten years, the Airport and Airway Trust Fund taxes. (Sec. 842) Restores, for ten years, the Leaking Underground Storage Tank Trust Fund excise tax. (Sec. 843) Applies the three percent communications tax to long- distance prepaid telephone cards. (Sec. 844) Replaces the varied excise tax rates on vaccines with a single tax rate of 84 cents per dose. (Sec. 845) Permits a credit against the manufacturers' excise tax paid with respect to the tire tax on certain truck tires. (Sec. 846) Increases the excise tax rate on all tobacco products. Subtitle F: Provisions Relating to Tax-Exempt Entities - Modifies provisions concerning interest, annuities, royalties, and rents received by a tax-exempt organization from a subsidiary and the unrelated business income tax to define the term "control" of a subsidiary to mean ownership of more than 50 percent. (Sec. 852) Provides, as a general rule, that in the case of a sale or exchange between a tax-exempt entity and a related person, the basis of the related person in the property acquired shall not exceed the adjusted basis of such property in the hands of the tax-exempt entity, increased by the gain recognized to the tax-exempt entity on the transfer which is subject to the unrelated business income tax. (Sec. 853) Provides for the tax treatment of Mutual of America. Subtitle G: Foreign Provisions - Treats as foreign personal holding company income: (1) income from notional principal contracts; and (2) payments in lieu of dividends. Provides, for dealers, for an exception from certain foreign personal holding company income provisions. (Sec. 862) Provides, for purposes of like-kind exchanges, that personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind. (Sec. 863) Establishes minimum holding periods for stock dividends in order to qualify for foreign tax credits. (Sec. 864) Treats as U.S. source income income from the sale of property by a U.S. resident to another U.S. resident for use, consumption, or disposition in the United States, if the sale is not attributable to an office maintained by the seller outside the United States. (Sec. 865) Prohibits the reduction of interest on underpayments by foreign tax credit carrybacks. (Sec. 866) Sets forth provisions concerning: (1) the period of limitations on a claim for a credit or refund attributable to a foreign tax carryforward; (2) the reduction of the foreign tax credit carryback period and the increase of the foreign tax credit carryforward period; and (3) the repeal of the exception concerning the use of foreign tax credits for purposes of the alternative minimum tax. Subtitle H: Other Revenue Provisions - Prohibits a family farm establishing a suspense account when required to use the accrual method of accounting. (Sec. 872) Limits the net operating loss carryback period to two years and extends the net operating loss carryforward period to 20 years. (Sec. 873) Prohibits, with respect to life insurance, a deduction for that portion of the taxpayer's interest expense which is allocable to unborrowed policy cash values, subject to exceptions. (Sec. 874) Modifies basis allocation rules upon distribution of partnership property. (Sec. 875) Eliminates the requirement that inventory must have substantially appreciated in value to cause ordinary income with respect to rules concerning sales and exchanges of partnership interests. (Sec. 876) Permits the income forecast method of depreciation to be used only for film and video tape, copyrights, books, patents, and other property specified in regulations. (Sec. 877) Sets forth provisions which: (1) require that involuntarily converted property be replaced with property acquired from an unrelated person in certain cases; (2) repeal the exception permitting the use of the installment method of accounting for certain sales by manufacturers to dealers; (3) increase the limit on involuntary pension cash-outs; (4) include a parking benefit in income only if an employee chooses a cash benefit instead of parking; (5) extend the current 6.2 unemployment tax rate through calendar year 2007; (6) repeal the excess distribution and excess retirement accumulation tax; (7) revise the treatment of charitable remainder trusts with a greater than 50 percent annual payout; (8) increase the tax on prohibited pension transactions by five percent; and (9) revise the basis recovery rules for annuities received over more than one life. Title IX: Foreign-Related Simplification Provisions - Subtitle A: General Provisions - Exempts from the foreign tax credit limitation certain individuals whose entire gross income from sources outside the United States consists of qualified passive income and whose amount of creditable foreign taxes paid does not exceed $300. (Sec. 902) Revises the method of translating foreign income taxes into dollars by providing, in general, for the use of the average exchange rate for the taxable year. Subtitle B: Treatment of Controlled Foreign Corporations - Provides, with respect to controlled a foreign corporation, for: (1) the treatment of gain on certain stock sales by controlled foreign corporations as dividends; (2) regulations concerning basis adjustments of stock in controlled foreign corporation; and (3) extending the application of the indirect foreign tax credit to taxes paid by certain lower-tier controlled foreign corporations. Subtitle C: Repeal of Excise Tax on Transfers to Foreign Entities - Repeals Chapter 5 (Tax on Transfers to Avoid Income Tax) of the IRC. Provides for the recognition of gain on certain transfers to foreign trusts and estates. Subtitle D: Information Reporting - Revises provisions concerning: (1) the return requirement for foreign partnership income; (2) information reporting for controlled foreign corporations; (3) returns as to interests in foreign partnerships; (4) notice of certain transfers to foreign corporations; (5) the statute of limitations applicable in the case of failure to notify the Secretary of certain transactions; and (6) increasing the filing threshold for returns as to organization or reorganization of foreign corporations and acquisitions of stock in such corporations. Subtitle E: Determination of Foreign or Domestic Status of Partnerships - Revises the definition of "domestic" when applied to a corporation or partnership to permit the Secretary, by regulation, to provide an exception to such definition for a partnership. Subtitle F: Other Simplification - Amends the Small Business Job Protection Act of 1996 to permit a trust in existence on August 20, 1996, and which was treated as a U.S. person on the day before enactment of such Act to elect to continue to be treated as a U.S. person notwithstanding the IRC definition of a U.S. person. (Sec. 952) Eliminates the stock and securities safe harbor requirement that an entity's principal office be outside the United States. Title X: Simplification Provisions Relating to Individuals and Businesses - Subtitle A: Provisions Relating to Individuals - Increases the: (1) standard deduction for a taxpayer with respect to whom a dependency exemption is allowed on another taxpayer's return; (2) the alternative minimum tax exemption for minors under the age of 14; and (3) estimated de minimis tax threshold. (Sec. 1003) Revises the treatment of: (1) reimbursed expenses of rural mail carriers; and (2) traveling expenses of certain Federal employees engaged in criminal investigations. Subtitle B: Provisions Relating to Businesses Generally - Permits a taxpayer to elect not to apply the look-back method for a long-term contract for de minimis (below 10 percent of taxable income or loss) amounts. (Sec. 1013) States that a method of determining inventories shall not be deemed not to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year, subject to conditions. (Sec. 1014) Excludes from the gross income of a lessee any amount received in cash by a lessee from a lessor: (1) under a short-term lease of retail space; and (2) for the purpose of such lessee's constructing or improving long-term real property for use in the lessee's business. Subtitle C: Simplification Relating to Electing Large Partnerships - Establishes special rules for large partnerships (100 or more partners) which: (1) take into account separately a partner's distributive share of specified items for purposes of determining the income tax of a partner; (2) compute the taxable income of a large partnership in the same manner as in the case of an individual, subject to stated exceptions; and (3) provide for the treatment of partnerships holding oil and gas properties. (Sec. 1022) Creates an audit system for electing large partnerships which provides as a general rule that a partner of any electing large partnership shall, on the partner's return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. Sets forth provisions concerning partnership adjustments which generally will flow through to partners for the year in which the adjustment takes effect. (Sec. 1031) Authorizes the Secretary, with respect to an oversheltered return (a return which shows no taxable income and shows a net loss from partnership items), to send a notice of adjustment in specified situations. (Sec. 1032) Provides, on the basis of a decision of the Secretary, that the partnership return shall determine the audit procedures to be followed. (Sec. 1033) Sets forth provisions, with respect to partnerships, concerning: (1) the statute of limitations and untimely petition filing; (2) the exception for small partnerships (under the definition of partnership); (3) the period for assessing tax where a partner and the Secretary enter a settlement agreement but other partnership items remain in dispute; (4) the time for filing a request for administrative adjustment; (5) the innocent spouse defense in court proceedings; (6) partnership level penalties; (7) court jurisdiction; (8) premature petitions; (9) bonds in appeals from Tax Court decisions; and (10) closing the taxable partnership year with respect to a deceased partner. Subtitle D: Provisions Relating to Real Estate Investment Trusts - Modifies provisions relating to qualification as, and the taxation of, a real estate investment trust, including: (1) rules relating to ownership determination; (2) tenant service income and tenant ownership; (3) repeal of the 30 percent gross income requirement; (4) earnings and profit rules; (5) income from hedges; (6) excess noncash income; and (7) shared appreciation mortgages. Subtitle E: Provisions Relating to Regulated Investment Companies - Repeals, with respect to regulated investment companies, the 30 percent test. Subtitle F: Taxpayer Protections - Provides for the waiver of certain penalties if a failure is shown to be due to reasonable cause and not willful neglect. (Sec. 1082) Permits a taxpayer who was due a refund, but who initially failed to file a return and who received a deficiency notice during the third year after the return's due date, to obtain a refund. (Sec. 1083) Repeals the requirement of the Secretary to disclose, upon request, if a prospective juror has been audited. (Sec. 1084) Specifies, for purposes of the statute of limitations, that the term "return" means the taxpayer's return and not the return of any person form whom the taxpayer has received an item of income, gain, loss, deduction, or credit. (Sec. 1085) Establishes penalties for Federal employees and others who, without proper authorization, willfully inspect any return or information. Title XI: Simplification Provisions Relating to Estate and Gift Taxes - Provides that, under specified conditions, gifts to charities are not subject to gift tax filing requirements. (Sec. 1102) Waives the right of recovery with respect to qualified terminable interest property only to the extent that the language in the decedent's will specifically indicates. (Sec. 1103) Treats any trust created before enactment of the Revenue Reconciliation Act of 1990 as satisfying the withholding requirement if it requires all trustees to be U.S. citizens or corporations. (Sec. 1104) Sets forth provisions concerning, among other things: (1) the treatment for estate tax purposes of short-term obligations held by nonresident aliens; (2) distributions during the first 65 days of the taxable year of the estate; (3) application of the separate share rules to estates; (4) treatment of an estate and a beneficiary as related for purposes of disallowance of losses; (5) treatment of a qualified funeral trust; (6) adjustments for certain gifts within three years of a decedent's death; and (7) the authority to waive the requirement that a qualified domestic trust have a U.S. trustee. Title XII: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters - Subtitle A: Excise Tax Simplification - Increases the de minimis limit for aftermarket alterations for heavy trucks and luxury cars. (Sec. 1211) Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. (Sec. 1212) Permits records of exportation to be maintained by the exporter for purposes of cancelling or crediting bonds furnished when distilled spirits are removed from bonded premises. (Sec. 1213) Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. (Sec. 1214) Allows beer to be transferred without payment of tax to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. (Sec. 1215) Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. (Sec. 1216) Repeals the requirement that wine returned to bonded premises be unmerchantable in order for the tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. (Sec. 1217) Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. (Sec. 1218) Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. (Sec. 1219) Allows beer to be removed from a brewery without payment of tax for purposes of destruction. (Sec. 1220) Permits a domestic exporter to recover the tax paid on the exported beer with specified proof. (Sec. 1221) Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. (Sec. 1231) Expands the authority of the Secretary to waive the excise tax registration requirement. (Sec. 1232) Repeals certain provisions concerning the: (1) tax on heavy trucks and trailers sold at retail; (2) tax on the removal of hard minerals from the deep seabed; and (3) excise tax on the sale or use by a manufacturer or importer of certain ozone depleting chemicals. (Sec. 1233) Revises provisions concerning: (1) the excise taxes on arrows; (2) the excise tax on skydiving flights; and (3) refunding certain aviation fuel taxes paid by a registered producer. Subtitle B: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. (Sec. 1242) Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception, if the spending requirements of that exception are otherwise satisfied. (Sec. 1243) Repeals: (1) the debt service-based limitation on investment in certain nonpurpose investments; and (2) certain expired provisions. Subtitle C: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. (Sec. 1252) Provides for a taxpayer to file a motion, rather than a petition, to seek, in the Tax Court, a redemption of interest. (Sec. 1253) Applies to estates and trusts the net worth limitations currently applicable to individuals. (Sec. 1254) Permits the Tax Court to have jurisdiction over certain employment status disputes. Subtitle D: Other Provisions - Extends the due date of the first quarter estimated tax payment of a private foundation. (Sec. 1262) Permits any Commonwealth to enter into an agreement with the Secretary providing for income tax withholding. (Sec. 1263) Revises provisions concerning the notice to a large corporation of a tax underpayment. Title XIII: Pension Simplification - Treats matching contributions for self-employed individuals the same as matching contributions for employees. (Sec. 1302) Permits an employer to establish a system under which eligible employees, through employer payroll deductions, may make contributions to an individual retirement plan. (Sec. 1303) Sets forth provisions concerning a plan accepting a rollover contribution. (Sec. 1304) Amends the Employee Retirement Income Security Act of 1974 to: (1) permit a participant's benefit in a plan to be reduced in order to satisfy the participant's liability if an order or requirement to pay arises from a civil or criminal judgment in connection with the plan; and (2) eliminate certain filing requirements. (Sec. 1306) Redefines includible compensation to: (1) include any elective deferral; and (2) certain amounts contributed by the employer at the employee's election which are not includible in the employee's gross income. (Sec. 1307) Provides for the issuance of guidelines concerning the use of new technology for plan purposes. (Sec. 1308) Exempts governmental plans from nondiscrimination and minimum participation rules. (Sec. 1309) Sets forth provisions concerning: (1) rules relating to employee stock ownership plans of S corporations; (2) the ten percent tax on nondeductible contributions; and (3) minimum funding requirements for certain plans. Title XIV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation - Sets forth, with respect to sections of the Small Business Job Protection Act of 1996 which amend the IRC, provisions concerning, among other things: (1) informational returns for those engaged in selling fish; (2) the definition of an electing small business trust; (3) the treatment of a wholly owned S corporation subsidiary; (4) the definition of unrelated trade or business for certain hospitals; (5) SIMPLE retirement plans; (6) the treatment of an employee participating in an Indian tribal government annuity; (7) definitions concerning financial asset securitization trusts; (8) definitions concerning State tuition plans; and (9) the year an adoption credit is allowed. (Sec. 1402) Sets forth, with respect to sections of the Health Insurance Portability and Accountability Act of 1996 which amend the IRC, provisions concerning, among other things: (1) the tax on nonmedical withdrawals from a medical savings account; (2) the definition of a chronically ill individual for purposes of a long-term care insurance contract; (3) deductions for the health insurance costs of self-employed individuals; (4) reporting requirements concerning long-term care contracts; (5) consumer protection provisions for long- term care insurance contracts; and (6) rules concerning expatriation to avoid tax. (Sec. 1403) Sets forth, with respect to sections of the Taxpayer Bill of Rights Act 2 which amend the IRC, provisions concerning, among other things: (1) abatement of first-tier taxes in certain cases; and (2) returns of exempt organizations. (Sec. 1404) Sets forth other provisions which amend the IRC which are related to the: (1) Energy Policy Act of 1992; (2) Uruguay Round Agreements Act; and (3) Tax Reform Act of 1984.
United States · United States Congress · 20 June 1997
TABLE OF CONTENTS: Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal Title II: Enforcement Provisions Budget Enforcement Act of 1997 - Title I: Ensure that the Bipartisan Balanced Budget Agreement of 1997 Achieves Its Goal - Sets forth a timetable for completion of certain budget actions by the President, the Office of Management and Budget (OMB), and the Congressional Budget Office (CBO). (Sec. 102) Directs the President to submit a special message with the OMB Analysis of Actual Spending Levels and Projections for the Upcoming Year if such Analysis indicates that: (1) deficits or outlays in the most recent fiscal or budget year exceeded or are projected to exceed deficit targets or caps, as appropriate; or (2) revenues in such years were less than or projected to be less than revenue targets. Requires such message to include proposed legislative changes to: (1) offset the net deficit, outlay excess, or revenue shortfall; or (2) revise the deficit or revenue targets or outlay caps contained in this Act. Sets forth congressional procedures for the consideration of legislation to address excess deficits or outlays and revenue shortfalls. (Sec. 103) Requires presidential budgets to be consistent with the spending, revenue, and deficit levels established in this Act or to recommend changes to such levels. Makes it out of order in the House of Representatives or the Senate to consider any concurrent budget resolution unless it is consistent with the levels set forth in this Act. (Sec. 104) Sets forth consolidated deficit (or surplus) and revenue targets for FY 1998 through 2002. (Sec. 105) Requires OMB to submit a report containing account numbers and spending limits for specific entitlement categories to the President and the Congress. Applies direct spending caps, effective upon submission of such report, to all entitlement authority except for undistributed offsetting receipts and net interest outlays. Sets forth entitlement categories subject to caps. (Sec. 106) Requires determinations of direct spending caps (as well as any breaches of such caps and actions necessary to remedy such breaches) to be based on certain economic assumptions set forth in the joint explanatory statement of managers accompanying the concurrent resolution on the budget for FY 1998 (House Concurrent Resolution 84) and subject to periodic reestimation based on changed economic conditions or changes in eligible population. (Sec. 107) Provides for automatic adjustments to deficit and revenue targets and caps for entitlements and other mandatory spending to reflect changes in specified economic and other conditions. Title II: Enforcement Provisions - Directs OMB: (1) to compile a statement of actual deficits, revenues, and direct spending for a fiscal year, following the end of that year, identifying such deficits, revenues, and spending by categories of entitlements and other mandatory spending; and (2) in any year in which actual or projected deficits, revenues, or spending in violation of revenue targets or caps by more than one percent of the applicable total revenues or direct spending for the year concerned occurs, to issue a report to the President and the Congress, estimating necessary spending reductions. (Sec. 202) Provides for enforcement of the direct spending caps on categories of spending established under title I of this Act. Applies specified enforcement rules and procedures for any fiscal year in which direct spending exceeds the applicable direct spending cap. (Sec. 203) Sets forth: (1) general rules triggering sequestration to reduce spending for programs subject to direct spending caps; (2) special rules for direct spending programs with certain characteristics; and (3) rules for insurance and loan programs and State grant program formulas. Requires a within session sequester under certain conditions. (Sec. 204) Sets forth procedures for enforcing revenue targets, including delays in implementing tax credits, deductions, exclusions, or cuts under the Revenue Reconciliation Act of 1997. (Sec. 205) Exempts certain budget accounts, activities within accounts, or income from sequestration. Authorizes the President to exempt any military personnel account from sequestration or provide for a lower uniform percentage reduction that would otherwise apply, subject to specified congressional notification requirements. (Sec. 206) Sets forth special rules for sequestration orders for: (1) the child support enforcement program under the Social Security Act; (2) the Commodity Credit Corporation; (3) the earned income tax credit; (4) regular and extended unemployment compensation; (5) the Federal Employees Health Benefits Fund; (6) the Federal Housing Finance Board; (7) Federal pay; (8) Medicare; (9) the Postal Service Fund; (10) Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; and (11) programs which provide a businesslike service in exchange for a fee. (Sec. 207) Directs CBO and OMB to report to the President and the Congress the budget baselines for the budget year and the next nine fiscal years. Specifies requirements for the budget baseline. (Sec. 208) Requires amounts to be withheld from allocation to the appropriate congressional committees (within the discretionary caps for each fiscal year) and reserved for natural disasters and other emergency purposes. Provides that such amounts shall be at least one percent of total budget authority and outlays available within those caps for the fiscal year concerned. Sets forth conditions under which reserved amounts shall be made available for allocation to such committees. Amends the Congressional Budget Act of 1974 to make it out of order in the House or the Senate to consider legislation containing an emergency designation if it also provides an appropriation or direct spending for any other item or contains other matter. Permits such legislation to contain rescissions or spending reductions.
United States · United States Congress · 19 June 1997
Amends the Alaska National Interest Lands Conservation Act (ANILCA) to include lands conveyed to a Native Corporation pursuant to an exchange authorized under the Alaska Native Claims Settlement Act (ANCSA) or other applicable law among lands that are exempt, as long as such lands are not developed, leased, or sold to third parties, from adverse possession claims, real property taxes, specified judgments, and involuntary distributions or conveyances related to the involuntary dissolution of a Native Corporation or Settlement Trust. Specifies that lands shall not be considered developed, leased, or sold to a third party as a result of an exchange or conveyance between or among Native Corporations and trusts, partnerships, corporations, or joint ventures (trusts) whose beneficiaries, partners, shareholders, or joint venturers (beneficiaries) are Native Corporations. Makes certain prohibitions regarding actions by a trustee inapplicable to actions by any trustee whose right, title, or interest in land arises pursuant to an agreement between or among Native Corporations and trusts whose beneficiaries are Native Corporations. (Sec. 2) Amends ANCSA to authorize a Native Regional Corporation, upon request, to obtain the retained mineral estate of the Native Allotments that are totally surrounded by ANCSA land selections. Limits a Regional Corporation to a total of not more than 12,000 acres. (Sec. 3) Amends ANCSA to exempt certain bonds received by a household, an individual Native, or a descendant of a Native from a Native Corporation from being taken into account as an asset or resource in determining eligibility for need based Federal programs. (Sec. 4) Amends the Alaska Land Status Technical Corrections Act of 1992 to treat the establishment of the Gold Creek account and conveyance of land, if any, as though 3,520 acres of land had been conveyed to Gold Creek Susitna Association, Incorporated, under ANCSA for which rights to in-lieu subsurface estate are provided to CIRI (Cook Inlet Region Incorporated). Requires, within one year from enactment, that CIRI select 3,520 acres of land from the area designated for in-lieu selection by a specified document. (Sec. 5) Amends the Department of Defense Appropriations Act, 1992 with respect to the implementation, valuation, and administration of the Calista Corporation land exchanges. Extends the restriction on certain property transfers. (Sec.6) Amends ANCSA to include the Haida Corporation and the Haida Traditional Use Sites with respect to transferring the administration of mining claims on Regional Corporation lands and not subjecting any revenues remitted to Haida Corporation to distribution under such Act. (Sec. 7) Amends ANCSA to exempt revenues received by a Regional Corporation from the sale of sand, gravel, stone, pumice, peat, clay, or cinder resources from the revenue sharing requirements otherwise applicable to revenues received for timber resource and subsurface estate sales. (Sec. 8) Amends ANILCA to: (1) provide for the approval of certain protested Alaska Native allotment applications; and (2) require the Secretary, in selecting individuals to provide certain visitor services, to give preference to the Native Corporations (currently, the Native Corporation) most directly affected by the establishment or expansion of any conservation system unit by or under the provisions of such Act. (Sec. 10) Requires a report to the Congress concerning local hires under ANILCA and their inability to obtain competitive service positions.
United States · United States Congress · 19 June 1997
Civil Asset Forfeiture Reform Act - Amends the Federal criminal code to provide for the creation of general rules relating to civil forfeiture proceedings. Requires the seizure notice required by an agency under the Tariff Act of 1930 with respect to any nonjudicial civil forfeiture proceeding under a civil forfeiture statute to be sent, together with information on the applicable procedures, not later than 60 days after the seizure to each party known to the agency to have an ownership or possessory interest in the seized article. Authorizes: (1) the Government to apply to a Federal magistrate judge for an extension of time to comply under specified circumstances; (2) a person with such an interest who failed to file a claim within the prescribed time period, on motion made within two years after the date of final publication of notice of seizure, to move to set aside a declaration of forfeiture; and (3) a person claiming seized property to file a claim with the appropriate official within 30 days after the date of final publication of notice of seizure or, in the case of a person receiving written notice, the date that such notice is received. Directs the Attorney General, in cases where property has been seized or restrained by the Government and a claim has been filed, to file a complaint for forfeiture in the appropriate court in the manner set forth in the Supplemental Rules for Certain Admiralty and Maritime Claims, or to include a forfeiture count in a criminal indictment or information, or both, not later than 90 days after the claim was filed, or return the property pending the filing of a complaint or indictment. Permits the 90-day filing requirement to be waived by mutual agreement between the Government and the claimants. Authorizes the Government to apply to a Federal magistrate judge in any district where venue for a forfeiture action would lie for an extension of time in which to comply with such requirement, based on a showing of good cause. Specifies that, if the reason for the extension is that the filing would jeopardize an ongoing criminal investigation or prosecution or court-authorized electronic surveillance, the application may be ex parte. Directs the claimant, upon the filing of a civil complaint, to file a claim and answer in accordance with the Supplemental Rules for Certain Admiralty and Maritime Claims. Authorizes the court to appoint counsel to represent a person regarding a claim if the person filing the claim is financially unable to obtain representation by counsel and requests that counsel be appointed. Directs the court to consider the nature and value of the property subject to forfeiture, the claimant's standing to contest the forfeiture, and whether the claim appears to be made in good faith or to be frivolous. Sets forth provisions regarding attorney compensation. Places the burden of proof at trial on the United States, in all suits or actions brought for the civil forfeiture of any property, to establish, by a preponderance of the evidence, that the property is subject to forfeiture. Places the burden on the claimant, if the Government proves that the property is subject to forfeiture, to establish any affirmative defense by a preponderance of the evidence. Specifies that an innocent owner's interest in property shall not be forfeited in any civil forfeiture action. Sets forth requirements regarding: (1) motions to suppress seized evidence; (2) the use of hearsay at pretrial hearings; (3) stipulations; (4) preservation of property subject to forfeiture; (5) excessive fines; and (6) a pre-discovery standard of forfeitability. Entitles a person who has filed a claim to release of seized property pending trial if: (1) the claimant has a possessory interest in the property sufficient to establish standing to contest forfeiture, has filed a nonfrivolous claim on the merits of the forfeiture action, and has sufficient ties to the community to provide assurance that the property will be available at time of trial; (2) the continued possession by the Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant; (3) the claimant's hardship outweighs the risk that the property will be destroyed, damaged, lost, concealed, diminished in value, or transferred if it is returned to the claimant during the pendency of the proceeding; and (4) the seized property is not contraband, currency (not constituting business assets), evidence of a violation of law, particularly suited for use in illegal activities, or likely to be used to commit additional criminal acts if returned. (Sec. 3) Amends the Federal Tort Claims Act to make such Act applicable to any claim based on the negligent destruction, injury, or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer, if the property was seized for the purpose of forfeiture but the interest of the claimant is not forfeited. Authorizes the Attorney General to settle certain claims, for up to $50,000 per case, for damage to or loss of privately owned property caused by an investigative or law enforcement officer who is employed by the Department of Justice acting within the scope of his or her employment. (Sec. 4) Makes the United States liable for post-judgment interest upon entry of judgment for the claimant in any proceeding to condemn or forfeit property seized or arrested under any Act of Congress, but not for prejudgment interest, with exceptions. Specifies that the United States shall not be required to disgorge the value of any intangible benefits nor make any other payments to the claimant not specifically authorized. (Sec. 5) Amends civil forfeiture provisions of the code to require that seizures be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure (FRCrP), with exceptions. (Sec. 6) Provides that, in any civil forfeiture case or in an ancillary proceeding in a criminal forfeiture case under the Controlled Substances Act (CSA), the refusal of the claimant to provide records in response to a discovery request or to take action necessary to make the records available shall result in the dismissal of the claim with prejudice where: (1) financial records located in a foreign country may be material to any claim or to the ability of the Government to respond to such claim, or in a civil forfeiture case, to the Government's ability to establish the forfeitability of the property; and (2) it is within the capacity of the claimant to waive the claimant's rights under such secrecy laws or to obtain the records, so that the records can be made available. (Sec. 7) Amends: (1) the Internal Revenue Code to provide for the disclosure of tax returns and return information for use in criminal investigations involving civil forfeitures; and (2) the Federal criminal code to expand the provision authorizing disclosure of grand jury information to Federal prosecutors to cover any use in connection with any civil forfeiture provision of Federal law, regardless of whether it concerns a banking law violation. (Sec. 9) Authorizes the use of forfeited funds to pay restitution to financial institutions and regulatory agencies. Establishes procedures for the enforcement of foreign forfeiture judgments. Provides for the admissibility into evidence of foreign business records under specified circumstances. (Sec. 13) Amends: (1) the code and the CSA to make cost bond and burden of proof provisions of the Tariff Act inapplicable to forfeitures governed by the procedures set forth in the code regarding civil forfeitures; (2) Tariff Act provisions regarding judicial condemnation to require that a customs officer transmit a claim and bond and specified information to the United States attorney for the district in which a forfeiture action could be filed; and (3) the code to authorize sharing forfeited property with cooperating foreign governments whenever property is civilly or criminally forfeited under any provision of Federal law. (Sec. 20) Authorizes the forfeiture of: (1) property used to facilitate foreign drug crimes; (2) proceeds traceable to facilitating property in drug cases; (3) proceeds of specified foreign crimes; and (4) coins and currency in confiscated gambling devices. (Sec. 26) Amends: (1) the Tariff Act regarding the statute of limitations for civil forfeiture actions; (2) the code to expand the scope of provisions prohibiting the destruction or removal of property to prevent seizure; (3) code provisions to provide that any criminal forfeiture, including any seizure and disposition of the property and any related administrative or judicial proceeding, shall be governed by the Comprehensive Drug Abuse Prevention and Control Act of 1970, with an exception; (4) the code and the CSA to make inapplicable a provision under FRCrP 15 requiring the defendant's consent and the defendant's presence at the deposition where property has been declared forfeited; and (5) the code to allow a party to pursue discovery of bank records pursuant to the FRCrP. (Sec. 32) Requires the court to order criminal forfeiture for money laundering conspiracies. (Sec. 34) Amends: (1) the CSA to authorize the court to order the repatriation of property placed beyond the jurisdiction of the court and provide that any property that is transferred to a person other than the defendant after the U.S. interest in the property has vested shall be ordered forfeited to the United States, with an exception; (2) the Archeological Resources Protection Act of 1979 to provide that if a forfeiture count is included within an indictment in accordance with the FRCrP and the defendant is convicted of the offense giving rise to the forfeiture, the forfeiture may be ordered as part of the criminal sentence; (3) the code to provide for forfeiture of instrumentalities of terrorism, telemarketing fraud, and other specified offenses, criminal proceeds transported in interstate commerce, and counterfeit paraphernalia, and for odometer tampering offenses; and (4) the Federal Food, Drug, and Cosmetic Act to provide for civil and criminal forfeiture of proceeds of violations of the Act. (Sec. 41) Amends the CSA to: (1) eliminate the use of bankruptcy to defeat criminal forfeitures; (2) authorize the enforcement of forfeiture orders in the manner provided for the collection and payment of fines under the code, or in the same manner as a judgment in a civil action; (3) make it unnecessary to seize or restrain property already in U.S. custody for criminal forfeiture purposes; (4) require the court to afford the defendant a prompt post-restraint hearing under specified circumstances and to exempt from such restraint such property as may reasonably be needed by the defendant to pay attorney's fees, necessary cost-of-living expenses, and expenses of maintaining restrained assets pending the entry of judgment in the criminal case; and (5) authorize the court to hold a pretrial hearing under specified circumstances to determine whether the restraining order should be vacated or modified for certain reasons, such as that restrained property would not be subject to forfeiture or that the defendant establishes that assets are needed to retain counsel, subject to specified requirements.
United States · United States Congress · 19 June 1997
TABLE OF CONTENTS: Title I: District of Columbia Retirement Funds Subtitle A: General Provisions Subtitle B: Freezing of Existing Program Subtitle C: Retirement Trust Subtitle D: District Government Subtitle E: The Actuarial Board Subtitle F: Federal Supplemental Fund Subtitle G: Judges Retirement Program Subtitle H: Enforcement Subtitle I: Miscellaneous Title II: Assistance Under Medicaid Program Title III: Criminal Justice Subtitle A: Corrections Subtitle B: Compliance with Truth-in-Sentencing Subtitle C: Offender Supervision and Parole Subtitle D: District of Columbia Courts Subtitle E: Pretrial Services Agency and Public Defender Service Subtitle F: Miscellaneous Provisions Title IV: Privatization of Tax Collection and Administration Title V: Financing of District of Columbia Accumulated Deficit Title VI: Revenue Bonds Title VII: District of Columbia Economic Development Corporation Subtitle A: General Provisions Subtitle B: District of Columbia Economic Development Corporation Charter Subtitle C: Operations of the Corporation Subtitle D: Capitalization and Finance Subtitle E: Miscellaneous Provisions Subtitle F: Sunset Provisions Title VIII: District of Columbia Government Budget; Effective Date Title IX: Miscellaneous Provisions Subtitle A: Regulatory Reform in the District of Columbia Subtitle B: Other Miscellaneous Provisions Subtitle C: Effective Date; General Provisions National Capital Revitalization and Self-Government Improvement Act of 1997 - Title I: District of Columbia Retirement Funds - District of Columbia Retirement Protection Act of 1997 - Subtitle A: General Provisions - Requires the Federal Government to make payments to finance all liabilities associated with the pension plans for District of Columbia police officers, firefighters, and teachers, including the unfunded liability transferred by the Congress to the District government under the District of Columbia Retirement Reform Act of 1979. Prohibits the reversion of the responsibility to make payments to the District. Subtitle B: Freezing of Existing Program - Prohibits service after the freeze date (date on which legislation to enact this title is introduced in the House of Representatives) from being credited under the retirement program for District fire fighters, police officers, and teachers for purposes of determining the amount of benefits an employee has accrued. (Sec. 122) Provides that in the case of a disability retirement in which benefits commence after the freeze date, the only benefit payable is the deferred or normal retirement benefit the employee would receive if the employee left service on the day before disability retirement benefits commence. (Sec. 123) Limits death benefits that are not determined by length of service to the percentage of the entire benefit represented by a fraction where the numerator represents the number of months of service prior to the freeze date and the denominator the total number of months of service. Subtitle C: Retirement Trust - Establishes the District of Columbia Retirement Trust Fund for purposes of paying benefits under this title. Transfers all assets of the District of Columbia Police Officers and Fire Fighters Retirement Fund and the District of Columbia Teachers Retirement Fund to the Retirement Trust. (Sec. 134) Provides for tax-exempt status of the Retirement Trust and sets forth provisions regarding treatment under the Employee Retirement Income Security Act of 1974 (ERISA). (Sec. 137) Requires the Secretary of the Treasury to take certain actions when assets remaining in the Retirement Trust are projected to be depleted. (Sec. 138) Amends the Internal Revenue Code to provide for disclosure of individual tax return information for purposes of determining eligibility for, or the correct amount of, benefits under this Act. Subtitle D: District Government - Continues the District's responsibilities with respect to the retirement program until the Secretary directs the Trustee of the Retirement Trust to commence such responsibilities. (Sec. 143) Requires the District to: (1) furnish the Trustee with a final reconciliation of accounts in connection with the transfer of assets and obligations to the Retirement Trust; and (2) adopt a replacement plan to be effective as of the freeze date. (Sec. 144) Provides that if the District fails to adopt such plan, the retirement program applicable to police, fire fighters, and teachers hired on or after October 1, 1996 (as provided under District laws in effect as of June 1, 1997), shall apply. Subtitle E: The Actuarial Board - Establishes a Department of the Treasury Retirement Board of Actuaries to: (1) review the actuarial valuation reports produced by the enrolled actuary engaged by the Trustee; (2) report to the Secretary and the Congress annually on the actuarial status of the Retirement Trust and the Federal Supplemental District of Columbia Pension Fund; and (3) furnish advice and opinions on matters referred by the Secretary. Subtitle F: Federal Supplemental Fund - Establishes the Federal Supplemental District of Columbia Pension Fund, to be administered by the Secretary and used to finance Federal obligations for benefits and administrative expenses under this title. (Sec. 164) Directs the Actuarial Board to determine the amount that is the present value as of the freeze date of future benefits payable from the Federal Supplemental Fund, which shall be its original unfunded liability. Subtitle G: Judges Retirement Program - Refers to the judges retirement program described in part 2 of Subtitle D of title III. Subtitle H: Enforcement - Sets forth provisions regarding judicial review of actions brought by retirement participants or the Trustee, jurisdiction and venue, and limitations of actions. Subtitle I: Miscellaneous - Sets forth miscellaneous provisions. (Sec. 193) Provides that this title supersedes any inconsistent provision of the District of Columbia Retirement Reform Act. Prohibits the authorization of appropriations for any Federal payment to the existing District retirement funds after FY 1997. (Sec. 194) Authorizes the Comptroller General to evaluate and report on the administration of this title. Title II: Assistance Under Medicaid Program - Amends the Social Security Act to increase the Federal medical assistance percentage under Medicaid for assistance provided by the District to 70 percent for calendar quarters in any fiscal year for which the District is certified to be implementing a plan to: (1) have in effect an effective system for the identification and collection of amounts owed by third parties for medical care and services furnished under Medicaid; (2) ensure the timely audit and settlement of cost reports of institutional providers under Medicaid; (3) implement a comprehensive health care management information system for Medicaid; and (4) develop a comprehensive behavioral managed health care system under Medicaid. Title III: Criminal Justice - Subtitle A: Corrections - Requires, no later than October 1, 2001, any person convicted of a felony pursuant to the District Code or the truth-in-sentencing system under this title to be designated by the Bureau of Prisons to a Bureau penal or correctional facility for such term as the court may direct. Provides for the closure of the Lorton Correctional Complex by December 31, 2003, and for the transfer of its felony population to a Bureau facility. Makes the Bureau responsible for the care, education, treatment, and training of such persons. Transfers Lorton property to the Department of the Interior. (Sec. 302) Requires the Attorney General to appoint a Corrections Trustee, an independent officer of the District, to oversee operations of the District's Department of Corrections until all felony offenders are transferred to a Bureau facility. Provides Federal funding for incarceration of such individuals. (Sec. 303) Authorizes the Trustee to enter into a Memorandum of Understanding with the Bureau to allow the Trustee to enter into contracts to lease beds or facilities for a period that may extend longer than the trusteeship. Permits the District's felony population to be housed in any facility that meets the requirements of the American Correctional Association. (Sec. 304) Requires the Trustee to establish a priority placement program to facilitate employment placement for District employees scheduled to be separated from service due to the assumption of authority by the Trustee. (Sec. 307) Authorizes the District to expend funds necessary to carry out the Sewage Delivery System and Capacity Purchase Agreement between Fairfax County and the District for a specified project without regard to the amount appropriated in the District's budget for the fiscal year concerned. Subtitle B: Compliance with Truth-in-Sentencing - Requires any person convicted of a felony offense under a law exclusively applicable to the District to be sentenced in accordance with a system that meets truth-in-sentencing requirements applicable to a State receiving a truth-in-sentencing incentive grant under the Violent Crime Control and Law Enforcement Act of 1994. Directs the District of Columbia Truth in Sentencing Compliance Commission to develop a system if the District fails to do so by October 1, 1997. (Sec. 312) Requires provisions designed to maximize the effectiveness of the drug court of the District's Superior Court to be enacted for the District. (Sec. 313) Establishes the District of Columbia Truth in Sentencing Compliance Commission as an independent agency of the District government if the District fails to establish a truth-in-sentencing system that meets the requirements described above. Provides that the Commission shall not have authority to provide for capital punishment under any law exclusively applicable to the District. Terminates the Commission upon adoption of a sentencing system that meets requirements or earlier, if it fails to adopt such a system. Authorizes appropriations. (Sec. 314) Establishes the District of Columbia Truth in Sentencing Monitoring Agency in the Department of Justice. Authorizes appropriations. (Sec. 316) Requires the National Institute of Justice to evaluate the sentencing system to determine its success. (Sec. 317) Directs the Attorney General to inform the Council of the District, the Congress, and the Agency of any changes in Federal or District laws and results of evaluations that may require amendment of District statutes or sentencing guidelines. Subtitle C: Offender Supervision and Parole - Transfers jurisdiction and authorities of the District Board of Parole to the U.S. Parole Commission, with respect to felons, and to the District Superior Court, with respect to misdemeanants. Abolishes the Board of Parole upon the establishment of the District of Columbia Offender Supervision, Defender, and Courts Services Agency. Amends the Parole Commission Phaseout Act of 1996 to increase the authorized number of U.S. Parole Commissioners to five. (Sec. 332) Directs the Attorney General to appoint a Pretrial Services, Defense Services, Parole, Adult Probation and Offender Supervisions Trustee, an independent officer of the District government, to effectuate the reorganization and transition of functions and funding related to such activities. (Sec. 333) Establishes the District of Columbia Offender Supervision, Defender, and Courts Services Agency within the Federal executive branch. Provides for Agency assumption of duties upon certification by the Trustee that the Agency can carry out its functions. Directs the Agency to provide supervision for offenders on probation, parole, and supervised release pursuant to the District Code. Grants Agency supervision officers the same powers as granted to U.S. Probation and Pretrial Officers. Provides that the District of Columbia Pretrial Services Agency and Public Defender Service shall function as independent entities within the Agency. (Sec. 334) Authorizes appropriations. Subtitle D: District of Columbia Courts - Part 1: Transfer of Administration and Financing of Courts to Federal Government - Authorizes appropriations for the District Superior Court, Court of Appeals, and court system and for the Executive Office for the District of Columbia Courts. (Sec. 342) Amends the District Code to make technical and conforming changes to administrative, financing, and reporting provisions regarding the District court system to reflect the transfer of specified authorities to the Federal Government. Part 2: Judicial Retirement Program - Revises provisions regarding the District of Columbia Judicial Retirement and Survivors Annuity Fund to re-establish such fund in the Treasury. Requires, subject to the availability of appropriations, an annual deposit in the Treasury of amounts required to reduce the unfunded liability of the fund to zero. (Sec. 352) Amends the District of Columbia Retirement Reform Act to provide for the transfer of assets of the District of Columbia Judges' Retirement Fund to the District of Columbia Judicial Retirement and Survivors Annuity Fund (thus, terminating the Judges' Retirement Fund). Removes judges from the District Retirement Board. (Sec. 353) Transfers specified authorities regarding the Judicial Retirement and Survivors Annuity Fund from the District Mayor to the Secretary of the Treasury. Part 3: Miscellaneous Conforming and Administrative Provisions - Makes provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 and the District of Columbia Comprehensive Merit Personnel Act of 1978 inapplicable to the District courts. Subtitle E: Pretrial Services Agency and Public Defender Service - Makes technical changes to administrative provisions regarding the District's Pretrial Services Agency and Public Defender Service. Subtitle F: Miscellaneous Provisions - Authorizes appropriations to the National Institute of Justice for activities to assess the crime problem in the District and to establish a corporation or institute supporting research and demonstration projects for the prevention, solution, or punishment of crimes in the District. (Sec. 382) Exempts the Trustees described in this title and their respective agencies from personnel or budget limitations which otherwise apply to District agencies. Title IV: Privatization of Tax Collection and Administration - Authorizes the District's Chief Financial Officer to enter into contracts with a private entity for the administration and collection of District taxes. Title V: Financing of District of Columbia Accumulated Deficit - Amends the District of Columbia Revenue Act of 1939 to permit intermediate-term advances of funds from the Treasury for purposes of assisting the District in liquidating the outstanding accumulated operating deficit of the District general fund existing as of September 30, 1997. Conditions such advances on actions by the District, including actions to demonstrate obligations to reimburse, inability to obtain credit elsewhere, and compliance with a financial plan and budget. Limits the aggregate of all advances to $500 million. Permits the Secretary of the Treasury to require early reimbursement of the advance if the District is able to obtain credit elsewhere to refinance the unpaid balance without adversely affecting its financial stability. Title VI: Revenue Bonds - District of Columbia Revenue Bond Financing Authority Improvements Act of 1997 - Amends the District of Columbia Self-Government and Governmental Reorganization Act to expand the list of activities for which revenue bonds may be issued. Authorizes the District Council to delegate authority to issue revenue bonds or other obligations to any District instrumentality. (Sec. 603) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to provide that the issuance of revenue bonds or other obligations shall not be considered to be borrowing. Title VII: District of Columbia Economic Development Corporation - Subtitle A: General Provisions - District of Columbia Economic Development Corporation Act of 1997 - Sets forth findings, purposes, and definitions with respect to economic development in the District. Subtitle B: District of Columbia Economic Development Corporation Charter - Establishes the District of Columbia Economic Development Corporation, a corporate instrumentality of the District. Subtitle C: Operations of the Corporation - Sets forth general powers of the Corporation. (Sec. 722) Requires the Corporation to establish a strategic plan for carrying out this title. (Sec. 723) Authorizes the Corporation to: (1) provide financial assistance for economic development projects; and (2) establish subsidiaries and revolving funds for providing different types of assistance. Sets forth conditions for assisting projects. (Sec. 724) Grants the Corporation power to acquire land through condemnation by eminent domain. (Sec. 725) Authorizes the Corporation to request the District government to give expedited consideration to applications for regulatory licenses, permits, and approvals for economic development projects assisted by the Corporation. Subtitle D: Capitalization and Finance - Authorizes appropriations for the Corporation. Requires a minimum amount to be provided to: (1) nonprofit organizations to finance job training, placement, and related activities for targeted District residents in those organizations; or (2) nonprofit third-party intermediaries to promote and finance such activities for targeted District residents in for-profit and not-for-profit organizations. Provides for a waiver of such requirement upon a vote and notification by the Corporation. (Sec. 732) Permits the Corporation to: (1) authorize the issuance of project revenue obligations and use the proceeds to provide financial assistance for projects; and (2) establish special or reserve funds for such purposes. Absolves the District and Federal Government of liability for such obligations and provides that issuance of such obligations shall not be considered as borrowing. Subtitle E: Miscellaneous Provisions - Sets forth provisions concerning legal actions, judicial review of financial assistance determinations, and the independent status of the Corporation. Exempts the Corporation from any budget or personnel limitations which would otherwise apply to the District. Subtitle F: Sunset Provisions - Sets forth provisions with respect to dissolution of the Corporation. Title VIII: District of Columbia Government Budget; Effective Date - Amends the District of Columbia Self-Government and Governmental Reorganization Act to repeal provisions that provide for the annual Federal payment to the District. Authorizes appropriations for a Federal contribution towards the costs of operating the District government of $140 million for FY 1998 and of such amounts as necessary for subsequent fiscal years. (Sec. 802) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to prohibit the District's expenditures from exceeding revenues in FY 1998 (currently, FY 1999). (Sec. 803) Permits the submission and approval of a joint consensus budget and financial plan for the District by the Mayor, Council, and the District Financial Responsibility and Management Assistance Authority (Authority). (Sec. 804) Increases the District's borrowing limitation to allow amounts to be paid on obligations in any fiscal year to be up to 17 (currently, 14) percent of the District's revenues. Title IX: Miscellaneous Provisions - Subtitle A: Regulatory Reform in the District of Columbia - Directs the Authority to: (1) review District regulations and analyze the extent to which such regulations inappropriately impair economic development and the financial stability and management efficiency of the District government; (2) review current processes for obtaining permits and applications and analyze the extent to which processes and their completion times vary from those in other jurisdictions; and (3) repeal or revise such regulations or processes, as appropriate. (Sec. 902) Repeals the Clean Air Compliance Fee Act of 1994, effective March 21, 1995 (date of enactment), except for provisions which exempt the delivery of newspapers from gross sales and compensating-use taxes. (Sec. 903) Repeals the Act incorporating Group Hospitalization, Inc., on the date Group Hospitalization and Medical Services, Inc., files articles of incorporation under the District of Columbia Nonprofit Corporation Act. (Sec. 904) Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from specified limitations on amounts or time periods contracts entered into: (1) by the Washington Convention Center Authority for preconstruction activities or project management, design, or construction; (2) by the District Water and Sewer Authority, other than those for sale or lease of the Blue Plains Wastewater Treatment Plant; and (3) for Federal highway improvement projects, at the option of the District Council. Subtitle B: Other Miscellaneous Provisions - Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to permit the use of interest earned on accounts to promote the economic stability and management efficiency of the District government. (Sec. 912) Authorizes covered Federal law enforcement agencies to enter into cooperative agreements with the District Police Department to assist the Department in carrying out crime prevention and law enforcement activities. Establishes penalties for knowingly obstructing bridges between the District and Virginia. (Sec. 913) Permits garnishment of wages and other government remuneration of District employees. (Sec. 914) Amends the District of Columbia Self-Government and Governmental Reorganization Act to authorize the District Water and Sewer Authority, beginning in FY 1997, to expend excess revenues for capital projects in fiscal years in which such revenues exceed estimated revenues. (Sec. 915) Requires heads of Federal agencies and the Architect of the Capitol to provide notice before carrying out activities that affect real property in the District. (Sec. 916) Changes the name of the District of Columbia Self-Government and Governmental Reorganization Act to the District of Columbia Home Rule Act. Subtitle C: Effective Date; General Provisions - Requires this Act to take effect on the later of October 1, 1997, or the day the Authority certifies that the financial plan and budget for FY 1998 meet specified requirements under title II of this Act. (Sec. 922) Authorizes Federal agencies to provide technical assistance to, and training for, District government personnel.
United States · United States Congress · 19 June 1997
Amends the Higher Education Act of 1965 to direct the Secretary of Education to carry out a Thurgood Marshall Legal Educational Opportunity Program to provide low-income, minority, and disadvantaged college students with information, preparation, and financial assistance to gain access to and complete law school study. Authorizes the Secretary to contract with, or make a grant to, the Council on Legal Education Opportunity, for at least a five-year period, to deliver specified services under such program, directly and through subgrants and subcontracts. Directs the Secretary to establish annually the maximum stipend to be paid to Thurgood Marshall Fellows for the period of prelaw preparation in summer institutes and midyear seminar prior to and during the period of law school study. Sets forth the maximum amount of grants for such program services for any fiscal year.
United States · United States Congress · 19 June 1997
TABLE OF CONTENTS: Title I: Children and Alcohol Advertising Title II: Higher Education and Alcohol Abuse Prevention Title III: Deductions for Alcohol Advertising or Promotion Title IV: Promotion of Alcoholic Beverages Title V: Alcohol Advertising Title VI: Health Warnings Title VII: Ingredient Labeling for Malt Beverages, Wine, and Distilled Spirits Comprehensive Alcohol Abuse Prevention Act of 1997 - Title I: Children and Alcohol Advertising - Children's Protection from Alcohol Advertising Act of 1996 - Prohibits advertising or promoting alcoholic beverages on any audio tape, audio disc, videotape, video arcade game, computer game, or film. Prohibits outdoor advertising of alcoholic beverages within 1000 feet of any school, playground, or other public facility where individuals under 21 are reasonably expected to convene. Restricts alcohol print advertising in publications with an under-21 readership of 15 percent or more than two million to text only in black and white print. Limits alcohol television broadcast advertising between 7 a.m. and 10 p.m. to a picture of the beverage with factual, objective audio information. Mandates criminal fines and allows injunctions. Requires that alcohol manufacturers sponsoring events be identified in the corporate (not brand) name. Prohibits manufacturing or distributing non-beverage products with an identifiable brand of an alcoholic beverage manufacturer (but allows the corporate name). Title II: Higher Education and Alcohol Abuse Prevention - College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution (institution) to receive any Federal financial assistance) to require such programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; (2) distribution of free alcoholic beverages for promotional purposes on campus; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies. Requires that identification, referral, or treatment of students and employees under such programs not jeopardize their matriculation status or employment. Requires specified items under such programs to be developed and adopted with student and employee participation. Directs the Secretary of Education to waive certain sanctions relating to such programs for up to one year in the case of any institution in the process of developing and implementing a required plan. Authorizes the Secretary to make grants to institutions or consortia of them, and contracts with such institutions and other organizations, for programs of prevention and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows such contracts also to be used for a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and institutions of higher education. Make a conforming repeal to the Elementary and Secondary Education Act of 1965. Directs the Secretary to make ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations. Title III: Deductions for Alcohol Advertising or Promotion - Alcohol Promotion and Advertising Tax Fairness Act - Amends the Internal Revenue Code to disallow a deduction for the expense of advertising (via any means) or promoting any alcoholic beverage. Title IV: Promotion of Alcoholic Beverages - End Taxpayer Promotion of Alcohol Overseas Act - Amends the Agricultural Trade Act of 1978 to prohibit market access program funds from being used to promote the sale or export of alcoholic beverages. Title V: Alcohol Advertising - Alcohol Advertising Accountability Act of 1996 - Mandates an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation. Title VI: Health Warnings - Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings. Requires the Secretary of Health and Human Services to maintain toll-free numbers referred to in some of the warnings. Title VII: Ingredient Labeling for Malt Beverages, Wine, and Distilled Spirits - Truth in Alcohol Beverage Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require malt beverages, wine, and distilled spirits to bear labels: (1) disclosing alcohol content, the number of drinks (defining "drink" as .6 ounces of alcohol by volume), ingredients and calories per container and per drink, and the common name of each ingredient (including additives); and (2) providing a toll-free telephone number (operated by the Secretary of Health and Human Services) for help with a drinking problem.
United States · United States Congress · 19 June 1997
Revises Federal provisions establishing the Indiana Dunes National Lakeshore to eliminate the requirements that a person owning improved property included within the Lakeshore's boundaries must have owned such property on October 1, 1991, and must have made a bona fide written offer not later than October 1, 1997, to sell the property to the Secretary of the Interior in order to retain a right of occupancy and use of such property for noncommercial residential purposes for a fixed term not to extend beyond October 1, 2020. Provides that for purposes of provisions authorizing the acquisition for the Lakeshore of lands outside the Lakeshore boundaries, lands may be considered contiguous if they touch or are separated from lakeshore lands by only a public or private right-of-way such as a road, railroad, or utility corridor. Authorizes the Secretary to acquire lands within the boundaries of the Lakeshore from State or local government units by satisfaction of delinquent State or local taxes.
United States · United States Congress · 19 June 1997
National Retail Sales Tax Act of 1997 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code. (Sec. 4) Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the U.S. for use or consumption outside of the U.S., provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Defines "purchased for a business purpose in an active trade or business" as property or services: (1) purchased for resale; (2) purchased to produce property or services; or (3) purchased in furtherance of other bona fide business purposes. Sets forth rules relating to the obligation of governmental units and not-for-profit organizations to collect, remit, and pay taxes. Sets forth provisions concerning credits and refunds. Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit. Defines such credits. Provides for installment payments of the tax on the purchase of a principal residence. Allows an eligible family unit to receive a sales tax rebate. Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a lawful U.S. resident. Conditions that no individual shall be considered part of more than one family unit. Sets forth definitions and special rules concerning such things as: (1) foreign financial intermediation services; (2) financing leases; and (3) installment sales. Imposes a 15 percent tax on gaming services. Directs an administering State to administer, collect, and remit to the U.S. treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State. Defines an administering State as one which maintains a specified conforming sales tax and enters into a specified cooperative agreement with the Secretary. Provides for administrative support for States. Sets forth provisions concerning, among other things: (1) monthly reports and payments; (2) records; (3) penalties; (4) appeals; (5) accounting; and (6) hobby activities. Authorizes the Secretary of the Treasury to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States. (Sec. 5) Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2001. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax. (Sec. 6) Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes beginning in 1999. (Sec. 7) Sets forth provisions concerning: (1) the self- employment tax; (2) the indexing of social security benefits; (3) compensating payments to individuals on fixed incomes; and (4) the interest rate on tax underpayments and overpayments. (Sec. 11) Requires a supermajority in the House of Representatives or the Senate to raise rates.
United States · United States Congress · 19 June 1997
Amends the Internal Revenue Code to increase permitted contributions to a defined contribution retirement plan.
United States · United States Congress · 19 June 1997
Computer Investment Act of 1997 - Amends the Internal Revenue Code to provide for a two-year cost recovery period for computers or peripheral equipment.
United States · United States Congress · 19 June 1997
Alcohol Promotion and Advertising Tax Fairness Act - Amends the Internal Revenue Code to disallow a deduction for the expense of advertising (via any means) or promoting any alcoholic beverage.
United States · United States Congress · 19 June 1997
Sets forth the rule (modified closed) for the consideration of H.R. 1119 (Department of Defense authorization). Lays on the table H. Res. 161, 162, and 165.
United States · United States Congress · 18 June 1997
TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Ballistic Missile Defense Programs Subtitle D: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Activities Subtitle C: Environmental Provisions Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Personnel Management Subtitle B: Matters Relating to Reserve Components Subtitle C: Education and Training Programs Subtitle D: Decorations and Awards Subtitle E: Military Personnel Voting Rights Subtitle F: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay Subtitle B: Subsistence, Housing, and Other Allowances Subtitle C: Bonuses and Special and Incentive Pays Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations Subtitle B: Contract Provisions Subtitle C: Acquisition Assistance Programs Subtitle D: Administrative Provisions Subtitle E: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels and Shipyards Subtitle C: Counter-Drug Activities Subtitle D: Reports and Studies Subtitle E: Other Matters Title XI: Department of Defense Civilian Personnel Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Land Conveyances Subtitle C: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI: Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: National Defense Stockpile Title XXXIV: Naval Petroleum Reserves Title XXXV: Panama Canal Commission Subtitle A: Authorization of Expenditures From Revolving Fund Subtitle B: Facilitation of Panama Canal Transition National Defense Authorization Act for Fiscal Year 1998 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for procurement to the armed forces for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. (Sec. 104) Authorizes appropriations for FY 1998 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; (5) the Defense Health Program; and (6) the defense export loan guarantee program. Subtitle B: Army Programs - Prohibits the obligation of more than 25 percent of the funds authorized under this Act for helicopter modifications or upgrades until 30 days after the Secretary of the Army submits to the defense and appropriations committees a comprehensive plan for the modernization of the Army's helicopter fleet. (Sec. 112) Authorizes the Secretary of the Army to enter into a multiyear contract for the procurement of AH-64D Longbow Apache fire control radar. Subtitle C: Navy Programs - Earmarks funds for the New Attack Submarine program and authorizes the Secretary of the Navy to enter into procurement contracts for such program. Makes the Electric Boat Corporation and the Newport News Shipbuilding and Drydock Company eligible for such contracts. Repeals superseded provisions of prior defense authorization Acts. (Sec. 122) Earmarks funds for the procurement and construction of nuclear and nonnuclear components for the CVN-77 nuclear aircraft carrier program. Earmarks funds for research, development, test, and evaluation (RDT&E) of such program from funds authorized under title II of this Act. (Sec. 123) Provides an exception to a cost limitation for the Seawolf submarine program required under a prior defense authorization Act. (Sec. 124) Prohibits resumption of serial production of the airborne self-protection jammer until the Director of Operational Test and Evaluation makes certain certifications to the Congress with respect to the capabilities of such jammer. Requires an additional certification from the Secretary of Defense (Secretary). Subtitle D: Air Force Programs - Prohibits, with exceptions, any funds from being used to: (1) procure any additional B-2 bomber aircraft; or (2) maintain any part of the bomber industrial base solely to procure additional B-2 aircraft in the future. Subtitle E: Other Matters - Prohibits any funds from being used to purchase, lease, upgrade, or modify privately-owned drydocks. (Sec. 142) Requires the Under Secretary of Defense for Acquisition and Technology to report to the defense committees an analysis of the requirements of the Department of Defense (DOD) for the replacement of aircraft engines derived from Boeing 707 aircraft and the costs of meeting those requirements. (Sec. 143) Allows a working-capital funded Army industrial facility to sell articles or services to be incorporated into, or used in the manufacture of, a weapon system being procured by DOD without a determination by the Secretary of the Army that such articles or services are not available from a U.S. commercial source. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for the armed forces for RDT&E. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to submit to the defense and appropriations committees a report on the options for the sequence in which the variants of the joint strike fighter are to be produced and fielded. (Sec. 212) Places specified development and funding limitations on the F-22 aircraft program. Requires an annual program review and report to the Congress by the Comptroller General (CG). (Sec. 213) Limits the total demonstration costs through FY 2003 with respect to the high altitude endurance unmanned vehicle program. Requires program review by the CG. (Sec. 214) Places an FY 1998 RDT&E funding limitation on the advanced anti-radiation guided missile program. (Sec. 215) Allows no more than 6,006 staff years of technical effort to be funded during FY 1998 for federally funded research and development centers. Directs the Secretary to report to the defense and appropriations committees on the allocation of such staff years among such centers during FY 1998 and 1999. (Sec. 216) Provides FY 1998 through 2000 funding goals among the military departments with respect to dual-use science and technology projects. Provides, with respect to such projects, for: (1) revised goals for national security reasons, after congressional notification; (2) the designation of a DOD official responsible for such projects; (3) a financial commitment from non-federal government participants; and (4) a report from the Secretary to the defense and appropriations committees. (Sec. 217) Authorizes the Secretary, in the national interest, to transfer amounts made available under this Division to certain counterproliferation programs, projects, and activities. Limits to $50 million the total amount of such transfers. (Sec. 218) Earmarks funds for the kinetic energy tactical anti-satellite technology program and the Clementine 2 micro-satellite near-Earth asteroid interception mission. Subtitle C: Ballistic Missile Defense Programs - Directs the Secretary to ensure that the National Missile Defense (NMD) program is structured and programmed to support a test in FY 1999 of an integrated NMD system that could achieve initial operational capability in FY 2003. Provides NMD system elements. Requires a report from the Secretary concerning NMD operational capability by such date. Provides FY 1998 NMD funding. (Sec. 222) Directs the Secretary to: (1) transfer to the Ballistic Missile Defense Organization (BMDO) for procurement for FY 1998 funds from specified military accounts; and (2) ensure that, in the future-years defense program, the procurement funding for BMDO is programmed for BMDO accounts rather than appropriations accounts of the armed forces. Subtitle D: Other Matters - Directs the Secretary to seek the participation of manufacturers of manufacturing equipment in projects under the manufacturing technology program. (Sec. 232) Extends through FY 2001 the authority for the use by commercial entities of DOD major range and test facilities. (Sec. 234) Revises and extends certain organizations within the national oceanographic partnership program. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD. Authorizes appropriations for FY 1998 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) Fisher House trust funds. (Sec. 304) Authorizes the transfer of up to $150 million to FY 1998 O&M accounts from the National Defense Stockpile Transaction Fund. Subtitle B: Depot-Level Activities - Allows no more than 50 percent of the funds made available in a fiscal year for depot-level maintenance and repair (DLMR) workload to be used to contract for the performance of such workload in non-Government owned and operated facilities. (Sec. 312) Directs the Secretary to designate each depot-level activity of the military departments and defense agencies as a Center of Industrial and Technical Excellence in the recognized core competencies of the activity. Provides for the formation of public-private partnerships for the performance of DLMR at such centers and for maximum utilization of center capacity. (Sec. 316) Prohibits civilian DOD employees performing DLMR workloads from being managed on the basis of any end strengths or other personnel constraints. (Sec. 314) Requires reports from the Secretary to the Congress on: (1) annual DLMR activities; and (2) the allocation of core logistics activities among DOD facilities and private sector facilities. (Sec. 316) Requires a review and report from the CG concerning the Navy's practice of using temporary duty assignments of personnel to perform ship maintenance and repair work at homeports not having Navy shipyards. (Sec. 317) Amends the National Defense Authorization Act for Fiscal Year: (1) 1996 to repeal a conditional repeal of certain DLMR laws and a related reporting requirement; and (2) 1991 to extend through FY 1998 the authority for naval shipyards and aviation depots to engage in defense-related production and services. Subtitle C: Environmental Provisions - Revises provisions relating to the storage and disposal on DOD property of nondefense toxic and hazardous materials. (Sec. 332) Requires additional information relating to the payment of fines and penalties assessed under environmental laws to be included in an annual report from the Secretary to the Congress on progress made in carrying out environmental restoration activities at military installations. (Sec. 333) Directs the Secretary to report annually to the Congress on DOD overseas environmental activities. (Sec. 335) Amends the National Defense Authorization Act for Fiscal Year 1997 to require certain additional information in cooperative agreements between the Secretary and an agency of a State or local government for obtaining assistance in certifying environmental technologies. Requires the Secretary to report to the Congress the guidelines established for reimbursing such agencies and for cost-sharing under such agreements. (Sec. 336) Directs the Secretary to utilize specified risk assessment methods in evaluating DOD facilities for purposes of allocating funds and establishing priorities for environmental restoration projects under the defense environmental restoration program. (Sec. 337) Directs the Secretary to prescribe regulations concerning the environmental restoration cost-recovery and cost-sharing activities of the military departments and defense agencies. (Sec. 338) Authorizes the Secretary to carry out a pilot program to assess the feasibility and advisability of the sale of economic incentives for the reduction of emission of air pollutants attributable to a military facility. Provides for the use of sale proceeds. (Sec. 339) Authorizes the Secretary to conduct and report to the Congress on a pilot program using existing technologies to determine: (1) the feasibility of tagging hydrocarbon fuels used by DOD for analysis and identification; (2) the deterrent effect of such tagging on the theft and misuse of such fuels; and (3) the extent to which such tagging assists in determining the source of surface and underground pollution. Provides funding. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes the use of various revenues received by DOD for the construction and improvement of commissary store facilities. (Sec. 352) Directs the Secretaries of the military departments to integrate the military exchange services no later than September 30, 2000. Requires the Secretaries to submit to the defense committees a plan for achieving such integration. Subtitle E: Other Matters - Prohibits, except under specified narrow circumstances, the advance billing of a customer for a working-capital fund. Requires the Secretary to report to the defense and appropriations committees whenever the aggregate amount of such advance billings not covered by a congressional notification exceeds $50 million. Prohibits the total amount of such advance billings for DOD working-capital funds and the Defense Business Operations Fund for FY 1998 from exceeding $1 billion. (Sec. 362) Authorizes the Secretary to operate a Center for Excellence in Disaster Management and Humanitarian Assistance at Tripler Army Medical Center, Hawaii. Authorizes an agreement with a higher education institution for joint operation of the Center. Provides FY 1998 funding. (Sec. 363) Provides that, whenever an official of an executive agency proposes or takes an administrative action that affects military training or other readiness activity in a significantly adverse manner, the Secretary shall submit to the defense committees a notification of such action along with each adverse effect. Requires a notification copy to be transmitted to the President and the head of the agency proposing or taking such action. (Sec. 364) Authorizes the Secretary of the Army to provide financial assistance to a State to support Army National Guard activities in such State. (Sec. 365) Authorizes the Secretary of the Army to sell to certain licensed manufacturers ammunition or ammunition components that are obsolete, unservicable, or excess to the Army. Requires the purchaser to enter into an agreement to demilitarize or recycle such ammunition or components. (Sec. 366) Requires the Director of the Defense Logistics Agency to develop and submit to the Congress a schedule for implementation of best commercial inventory practices for Agency supplies and equipment. (Sec. 367) Authorizes the Secretary to carry out a pilot program to use commercial sources of services to improve the collection of DOD claims under aircraft engine warranties. (Sec. 368) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides the authorized end strengths for active-duty forces as of the end of FY 1998. Repeals a Federal provision requiring a permanent active-duty end strength sufficient to support two simultaneous major regional contingencies. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1998 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 1998 for military personnel. Title V: Military Personnel Policy - Subtitle A: Personnel Management - Excludes certain active-duty and reserve officers currently on promotion lists from consideration by later promotion boards. (Sec. 502) Increases the authorized number of officers authorized to be frocked (to wear the insignia of the next higher officer grade even though the promotion to such grade is not yet final). (Sec. 503) Authorizes Navy chaplains who are not on the retired list to serve as a chief or deputy chief of Navy chaplains. Authorizes the Secretary of the Navy to defer the retirement of such officers if the person will be serving in such capacity during the deferred period. (Sec. 504) States that a current limitation on the authorized period of recalled service shall not apply to chaplains or health care professionals assigned to active duty in such capacity, or to an officer assigned to duty with the American Battle Monuments Commission. Subtitle B: Matters Relating to Reserve Components - Terminates the Ready Reserve Mobilization Income Insurance Program. Requires the Secretary to study and report to the Congress on the reasons for fiscal deficiencies in such Program and whether there is a need for a new program. (Sec. 512) Authorizes the separation of a reserve officer in an inactive status with the Standby Reserve who is not qualified for transfer to the Retired Reserve, or who, if qualified, does not apply for such transfer. (Sec. 513) Authorizes the retention until age 60 of military technicians in the grade of brigadier general. (Sec. 514) Provides that the performance of honor guard functions by members of the National Guard at funerals for veterans may be treated as a Federal function for which appropriated funds may be used. Subtitle C: Education and Training Programs - Authorizes the Secretary of the military department concerned to enter into an agreement with an authorized foreign government official to carry out a military academy foreign exchange study program. Provides agreement terms and special rules for the Federal recognition of foreign students studying in the United States. (Sec. 522) Authorizes for instruction at the Community College of the Air Force enlisted members of the Army, Navy, or Air Force who are serving as instructors at an Air Force training school. (Currently, enrollment is limited to Air Force enlisted personnel.) (Sec. 523) Preserves beyond a current ten-year delimiting period the educational assistance entitlement for members of the Selected Reserve serving on active duty in support of a contingency operation. (Sec. 524) Repeals Federal law providing certain staffing and safety requirements for the Army Ranger Training Brigade. Subtitle D: Decorations and Awards - Makes eligible for the award of a military service medal for heroism a member of the Ready Reserve who was not in a duty status at the time the member distinguished himself by heroism. (Sec. 532) Provides that time limits for the submission for recommendation for military decorations or awards shall not apply to specified individuals with respect to the award of the Silver Star Medal, the Navy and Marine Corps Medal, and the Distinguished Flying Cross. (Sec. 533) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend to February 9, 1998, the period for the receipt of recommendations for decorations and awards for certain military intelligence personnel previously prevented by secrecy requirements from receiving such awards. (Sec. 534) Authorizes unit decorations to be awarded to certain units that supported the execution of combat operations during World War II. Subtitle E: Military Personnel Voting Rights - Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for voting rights purposes, a person absent from a State in compliance with military orders shall not be deemed to have: (1) lost a residence in that State; or (2) acquired a residence in, or become a resident of, another State. (Sec. 543) Amends the Uniformed and Overseas Absentee Voting Act to require each State, in elections for State and local offices, to permit absentee military personnel to use absentee voter procedures to vote in such elections and to accept and process military absentee voter registration applications. Subtitle F: Other Matters - Expresses the sense of the Congress that the CG should study and report to the Congress on any inequality in the treatment of men and women in the armed forces arising out of statutes or regulations. (Sec. 552) Establishes the Commission on Gender Integration in the Military to review and assess the current practices of the armed forces and the private sector pertaining to gender-integrated training. (Sec. 553) Authorizes any commanding officer or officer in charge who receives a complaint alleging sexual harassment by a member of the military or a civilian DOD employee to act appropriately on such complaint within 72 hours and to ensure that the complaint investigation is completed within 14 days. Requires specified reports from such officers, the department Secretaries receiving the forwarded complaints, and the Secretary. (Sec. 554) Requires exemplary moral and other appropriate conduct from all commanding officers and others in authority in the Army and Air Force. (Sec. 555) Authorizes the Secretary concerned to allow a member of the armed forces or a civilian officer or employee of DOD or the Coast Guard to serve in a management capacity with specified military welfare societies and other authorized entities. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. Subtitle B: Subsistence, Housing, and Other Allowances - Part I: Reform of Basic Allowance for Subsistence - Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on January 1, 1998. Part II: Reform of Housing and Related Allowances - Redesignates the basic allowance for quarters as the basic allowance for housing (BAH). Authorizes a temporary housing allowance for members in pay grades above E-4 who are in a travel or leave status between permanent duty stations. Authorizes the payment of a BAH for certain dependents of military personnel who die while on active duty. Provides special rules for the payment of a BAH to a member with dependents in the case of a member paying child support. Entitles to a BAH a member with dependents who is assigned to an unaccompanied tour of duty outside the continental United States. Repeals the variable housing allowance. States that a member without dependents who is not entitled to a BAH shall be entitled to a partial allowance for quarters determined by the Secretary. (Sec. 617) Directs the Secretary to prescribe monthly rates for the BAH on a geographic-cost basis. Directs the Secretary to redetermine such rates when basic pay rates are increased. Provides for: (1) protection from housing rate reductions for certain personnel; and (2) a fiscal year limitation on the total allowances paid for housing located inside the United States. Directs the Secretary to prescribe the rate of the temporary housing allowance for members in a travel or leave status between permanent duty stations. Provides the rates of the BAH for dependents of members who die while on active duty and members paying child support, as well as the rate of the partial allowance for quarters for members without dependents. (Sec. 618) Changes the dislocation allowance rates from a rate based on a member's pay grade to a rate based on a percentage of the monthly national average cost of housing for members of the same grade and dependency status. (Sec. 619) Repeals Federal provisions: (1) making the family separation allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade; and (2) providing a station allowance for members on duty outside the United States. Part III: Other Amendments Relating to Allowances - Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 627) Allows payment of the Ready Reserve muster duty allowance no later than 30 days after such duty is performed. Subtitle C: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 634) Increases the aviation career incentive pay and the aviation continuation pay. Extends through FY 2005 the authority for the continuation pay. (Sec. 636) Makes dental officers eligible for the same multiyear retention bonus currently paid to medical officers of the armed forces. Increases dental officer special pay amounts. (Sec. 638) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 639) Makes changes similar to the Selected Reserve reenlistment bonus for former enlisted personnel who enlist for three-year periods in the Selected Reserve. (Sec. 640) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 641) Authorizes the Secretary concerned to pay bonuses in lieu of special pay for enlisted personnel extending their tours of duty at designated overseas locations. Prohibits the concurrent receipt by such personnel of such an annual bonus and rest and recuperative absence or transportation. Requires pro rata repayment of an unearned bonus. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 652) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 653) Considers SBP coverage as paid in entirety after the earlier of 30 years of pay deductions for such coverage or the month in which the member attains 70 years of age. (Sec. 654) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. Subtitle E: Other Matters - Entitles to basic pay and allowances, medical and dental care, and disability retirement or separation benefits, as well as for the recovery, care, and disposition of remains, a reserve member who is physically disabled as a result of injury, illness, or disease aggravated in the line of duty while remaining overnight immediately before the commencement of inactive-duty training. (Sec. 662) Authorizes the Secretary concerned to pay travel and transportation allowances for dependents of members sentenced by court-martial when action on the sentence is pending. (Sec. 663) Makes members of the Public Health Service, National Guard, and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. Title VII: Health Care Provisions - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating under the Navy) to waive any required deductibles, copayments, or annual fees on behalf of military personnel assigned to permanent duty as recruiters, educational instructors, or unit advisors and residing more than 50 miles or one hour from the nearest military health care facility. (Sec. 702) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 703) Directs the administering Secretaries to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 704) Authorizes CHAMPUS medical and dental care for certain reserve personnel who were Persian Gulf War veterans and who register a symptom or illness presumed to be a result of such service. (Sec. 705) Authorizes the Secretary to collect dental insurance premiums through military pay deductions. (Sec. 706) Makes the administering Secretaries (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 707) Authorizes the provision of the following prosthetic devices to military dependents: (1) artificial limbs, voice prostheses, and artificial eyes; and (2) any device determined necessary due to one or more significant impairments resulting from trauma, congenital anomaly, or disease. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Authorizes the head of a defense agency to waive a restriction against entering into undefinitized contract actions when determined necessary in order to support a humanitarian or peacekeeping operation. (Sec. 803) Authorizes the Secretary or the Secretary concerned to enter into a contract for the procurement of severable services for a period that crosses fiscal years, as long as the contract period does not exceed one year. (Sec. 804) Makes unallowable as costs under a defense contract compensation costs of contractor senior executives which exceed the benchmark compensation amount determined under this section by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act. Makes an identical nonallowability amendment under the Federal Property and Administrative Services Act of 1949. (Sec. 805) Authorizes the purchase by DOD of right-hand drive vehicles at a cost of up to $30,000 (currently $12,000) each. (Sec. 806) Authorizes the Secretary of the Navy (currently, the Secretary of Defense) to enter into shipbuilding capability preservation agreements (currently, defense capability preservation agreements). Directs the Secretary of the Navy to: (1) establish application procedures and procedures for the expeditious consideration of such agreements; and (2) report to the defense and appropriations committees on applications for such agreements. (Sec. 807) Amends the Drug-Free Workplace Act of 1988 to remove a certification requirement for grants authorized under such Act. (Sec. 808) Repeals Federal provisions prohibiting the Secretary concerned from adjusting the price under a shipbuilding contract to reflect an amount set forth in a claim or demand for payment under such contract arising out of certain contract events. Subtitle B: Contract Provisions - Revises the guarantees required of a defense prime contractor (conformity, free from defects) when entering into a contract for the production of a major system (currently, major weapon system). Provides an exception for a major system or system component furnished by the United States. (Sec. 812) Provides for vesting of title to the United States under contracts paid under partial or progress payment arrangements. Subtitle C: Acquisition Assistance Programs - Earmarks funds for FY 1998 for the procurement technical assistance program and specific programs under such program. (Sec. 822) Amends the National Defense Authorization Act for: (1) Fiscal Year 1991 to extend through FY 2000 the pilot mentor-protege program; and (2) Fiscal Years 1990 and 1991 to extend through FY 2000 a test program for the negotiation of comprehensive subcontracting plans. Subtitle D: Administrative Provisions - Provides for the retention of amounts collected from a contractor as a result of claims under the Contract Disputes Act of 1978 during the pendency of any litigation concerning such claim. Directs the Under Secretary of Defense (Comptroller) to report annually to the Congress on any such amounts available for obligation. (Sec. 832) Prohibits from disclosure for a five-year period of certain information submitted to DOD as part of a possible award of a cooperative agreement. (Sec. 833) Revises content requirements with respect to limited selected acquisition reports and unit cost reports. (Sec. 835) Directs the Under Secretary of Defense for Acquisition and Technology to designate an official to serve as a central point of contact for certain contracting information. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 a required report concerning DOD payment of any business restructuring costs under a defense contract. Requires specified reports from the Secretary and the CG with respect to the effect on DOD of any business combinations of major defense contractors. (Sec. 842) Authorizes the director of a defense agency, when considered advantageous, to lease nonexcess personal property of that agency under specified terms and conditions, including a lease term of no more than five years (unless the national defense or public interest would be better served by a longer lease). Requires lease amounts received to be used solely for the maintenance, repair, or replacement of the leased property. (Sec. 843) Directs the Secretary concerned, upon presidential approval of a report of a selection board for the promotion above grade O-4 of a member of the Acquisition Corps of a military department, to submit a copy of such report to the Under Secretary of Defense for Acquisition and Technology for review. Requires a subsequent report from such Under Secretary to the defense committees. Title IX: Department of Defense Organization and Management - Establishes in DOD a National Defense University made up of specified component institutions already in existence. (Sec. 903) Authorizes the CINC Initiative Fund to be used for force protection. (Sec. 904) Directs the Secretary to transfer functions of the Tactical Intelligence and Related Activities aggregation to DOD officials outside of the intelligence community, along with the funding for such activities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD under this Division for FY 1998 between any such authorizations for that fiscal year, with a total transfer limit of $2.5 billion. Requires congressional notification of any such transfers. (Sec. 1002) Authorizes certain unauthorized FY 1997 defense appropriations to be obligated for DOD programs, projects, and activities in accordance with FY 1997 defense appropriations. (Sec. 1003) Adjusts the amounts authorized to DOD for FY 1997 by the amount by which appropriations pursuant to such authorization were increased in the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia. (Sec. 1004) Amends the National Defense Authorization Act for Fiscal Year 1996 to increase from $2 billion to $3.1 billion the amount authorized to be transferred between any defense authorizations for that fiscal year. (Sec. 1005) Directs the Secretary to submit biannually to the Congress a strategic plan for improving financial management within DOD. (Sec. 1006) Allows Fisher House trust funds to be used only for the operation (currently, operation and maintenance) of Fisher Houses. (Sec. 1007) Authorizes the Secretary to use specified FY 1991 Army procurement funds to reimburse the Government for any judgment against the United States rendered in the case of a certain appeal by the McDonnell Douglas Company. (Sec. 1008) Prescribes information required to be included by the Secretary in each future-years defense program with respect to the procurement of equipment and military construction for each of the reserve components. Provides for a conditional report with respect to such procurements. Subtitle B: Naval Vessels and Shipyards - Authorizes the Secretary of the Navy to enter into a long-term charter for a vessel to support the Surveillance Towed Array Sensor Program through FY 2004. (Sec. 1012) Outlines procedures for the sale of vessels stricken from the Naval Vessel Register. (Sec. 1013) Authorizes the Secretary of the Navy to sell specified naval vessels to Brazil, Chile, Egypt, Israel, Malaysia, Mexico, the Taipei Economic and Cultural Representative Office in the United States, and Thailand. Requires such Secretary, as a condition of such sales, to require any pre-sale vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard. Subtitle C: Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1997 to extend through FY 1998 the authority to provide certain support for counter-drug activities of Mexico. (Sec. 1022) Authorizes the Secretary, during FY 1998 through 2002, to provide to either or both of the Governments of Peru and Colombia specified support for counter-drug activities. Provides funding and requires certain congressional certification and a 15-day waiting period before fund obligation or expenditure. Subtitle D: Reports and Studies - Repeals various reports and reporting requirements under Federal armed forces provisions, prior defense authorization and appropriations Acts, and the Office of Federal Procurement Policy Act. (Sec. 1032) Requires the Chairman of the Joint Chiefs of Staff (JCS) to develop a common means of measuring the operations and personnel tempos of each military department. (Sec. 1033) Directs the Secretary to report to the Congress on the overseas deployment of military personnel. (Sec. 1034) Directs the JCS Chairman to submit to the defense and appropriations committees a report on the military readiness requirements of the active and reserve forces as prepared by the JCS Chairman and the commanders of the unified commands. (Sec. 1035) Directs the Secretary to report to the defense committees on the readiness posture of units of the armed forces that provides for a rotation of such units between states of high and low readiness. (Sec. 1036) Expresses the sense of the Congress that: (1) the President should develop alternatives to the current arrangement for forward basing of U.S. armed forces outside the United States; and (2) a continued U.S. military presence in the Pacific Rim is vital to U.S. protection of interests in that region. Directs the Secretary to report to the defense committees on defense overseas infrastructure requirements. (Sec. 1037) Directs the Under Secretary of Defense (Comptroller) to report to the defense committees on aircraft in the DOD inventory. (Sec. 1038) Directs the Secretary to report to the Congress on actions taken or planned within DOD to address problems involved with the sale or other disposition of excess materials. (Sec. 1039) Directs the Secretary to conduct a comprehensive review of, and report to the defense committees on, the current Federal protections and benefits afforded to former spouses of current and former military personnel and to former spouses of current and former Federal employees. (Sec. 1040) Authorizes the CG to conduct an audit, evaluation, review, or report only after the CG certifies that the General Accounting Office has completed all prior audits, evaluations, reviews, and reports that were requested by the Congress before such certification. Subtitle E: Other Matters - Directs the Secretary to submit to the President a recommended amendment to the Military Rules of Evidence that recognizes an evidentiary privilege regarding disclosure by a psychotherapist of confidential communications of a patient. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1998 the National Guard Civilian Youth Opportunities pilot program. Limits the total number of programs carried out to the number in existence at the end of FY 1995. Provides Federal cost share limits. Limits to $20 million the authorized expenditures under the program for a fiscal year. (Sec. 1053) Directs the Secretary to ensure that units of the armed forces engaged in peace operations have adequate troop protection equipment. Requires a report. (Sec. 1054) Prohibits DOD funds from being obligated or expended during FY 1998 for retiring or dismantling specified strategic nuclear delivery systems below certain levels. Provides a waiver in order to implement the SALT II Treaty. Provides funding limitations with respect to substantial early deactivations to reach such levels. Requires the President to report to the Congress on such actions. Directs the Secretary to report to the defense and appropriations committees a contingency plan for the sustainment beyond October 1, 1999, of U.S. strategic nuclear delivery systems and alternative force structures in the event that a strategic arms reduction agreement subsequent to the Strategic Arms Reduction Treaty does not enter into force before 2004. (Sec. 1055) Authorizes the Secretary concerned to accept payments of landing fees for the use of overseas military airfields by civilian aircraft. (Sec. 1056) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1998 the International Nonproliferation Initiative (with the same $15 million spending limit for the additional fiscal year). (Sec. 1057) Authorizes DOD's On-Site Inspection Agency, upon request of the facility's owner or operator, to provide technical assistance to a facility that is subject to a routine or challenge inspection under the Chemical Weapons Convention. (Sec. 1058) Expresses the sense of the Senate that the President should: (1) ensure that the United States is able to construct and operate necessary facilities for the destruction of the U.S. stockpile of lethal chemical agents and munitions as required under the Chemical Weapons Convention; and (2) encourage Federal-State negotiations to meet concerns about actions being taken to carry out such demilitarization. (Sec. 1059) Expresses the sense of the Congress prohibiting, except in specific limited circumstances, the authorization of appropriations for reserve component modernization activities not included in a DOD budget request. (Sec. 1060) Authorizes the Secretary (currently, the CG) to waive certain time limitations for the settling of claims relating to military pay, allowances, and other benefits. (Sec. 1061) Directs the Secretary to report to the Congress on actions taken to ensure adequate coordination of operational intelligence support for the commanders of the combatant commands and deployed military units. (Sec. 1063) Authorizes the appropriate official, under specified circumstances, to deny a request for public disclosure of safety-related information that has been provided voluntarily by an air carrier as part of a contract for the charter air transportation of military personnel. (Sec. 1064) Directs the Secretary, with respect to the Global Positioning System (GPS), to: (1) provide for the sustainment of its capabilities and services that are beneficial to U.S. national security; (2) prevent its hostile use; (3) sustain its capabilities and services for peaceful civil, commercial, and scientific uses on a continuous worldwide basis free from direct user fees; (4) use it to meet performance requirements of the Federal Radionavigation Plan; (5) augment the system to enhance its support of transportation; and (6) find new and expanded civil uses. Calls for international cooperation with respect to GPS use. Requires a GPS report from the Secretary to the defense and appropriations committees. (Sec. 1065) Authorizes special agents of the Defense Criminal Investigative Service to carry firearms, execute and serve warrants, and make arrests without warrants for certain offenses. (Sec. 1066) Amends the Military Construction Authorization Act, 1968 to repeal the requirement for the continued operation of the Naval Academy Dairy Farm in Gambrills, Maryland. (Sec. 1067) Requires the Director of Central Intelligence to establish a POW-MIA Intelligence Analysis Cell to provide analytical support on POW-MIA matters to all Federal departments and agencies involved with such matters. Requires the Cell to be the primary source of support in the preparation of the Special National Intelligence Estimate on POW-MIA matters. (Sec. 1068) Protects Federal employees from retaliation for certain disclosures of classified information when such information is disclosed: (1) to provide evidence of a violation of law, gross mismanagement, waste of funds, abuse of authority, substantial and specific danger to public health or safety, or a false statement to the Congress; and (2) to a person or element having oversight responsibilities and cleared for the receipt of such information. (Sec. 1069) Amends the Veterans' Benefits Improvements Act of 1996 to make certain Federal pay authorities inapplicable to Federal annuitants or former military personnel who are members of the Commission on Servicemembers and Veterans Transition Assistance. (Sec. 1070) Authorizes the Secretary of the Air Force to transfer to the Planes of Fame Museum, Chino, California, all rights and interest to the aircraft known as the "Picadilly Lilly." (Sec. 1071) Extends through FY 2002 the aviation insurance program. (Sec. 1072) Prohibits a military flight operation from being treated as a transportation program held on or over public land requiring prior approval by the Secretary of Transportation. (Sec. 1073) Amends the Immigration and Nationality Act to provide for the naturalization of Philippine nationals who served honorably in the U.S. armed forces during World War II. (Sec. 1074) Designates Bob Hope as an honorary veteran of the U.S. armed forces. Title XI: Department of Defense Civilian Personnel - Directs the Secretaries of the military departments and the heads of the defense agencies to report semiannually to the defense committees on the management of the civilian workforce under their jurisdiction. (Sec. 1102) Authorizes the employment of civilian faculty at a school of the Marine Corps University. (Sec. 1103) Requires DOD to remit to the Office of Personnel Management 15 percent of the final basic pay of an individual who agrees to be separated from the armed forces under the DOD voluntary separation incentive program. Requires such remittance to be credited to the Civil Service Retirement and Disability Fund. Extends the incentive program through FY 2001. (Sec. 1104) Repeals a provision requiring the Secretary to ensure the placement in the competitive service, within six months after separation from the military reserve, of technicians who were involuntarily separated after at least 15 years of retirement-creditable military service. (Sec. 1105) Revises the pay rate for DOD overseas teachers upon their transfer to a General Schedule position with the Government. (Sec. 1106) Amends the Intelligence Authorization Act, Fiscal Year 1990 to remove conditions for the naturalization of employees of the George C. Marshall European Center for Security Studies in Garmisch, Germany. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1998 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title XXII: Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2405) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 2407) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act for a project at McClellan Air Force Base, California. (Sec. 2408) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. (Sec. 2409) Extends the availability of funds under a prior defense appropriations Act for construction of an over-the-horizon radar at Naval Station Roosevelt Roads, Puerto Rico. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Increases the amount authorized under a prior military construction authorization Act for a project at the Aviation Support Facility in Hilo, Hawaii. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from $200,000 to $500,000 the threshold for minor land acquisition projects. (Sec. 2802) Authorizes the Secretary concerned to transfer all or part of a utility system located on a military installation to a local utility or other appropriate entity for fair market value. (Sec. 2803) Authorizes the Secretary concerned, when exchanging real property or granting an easement, lease, or license of real property, to collect from the receiver the administrative expenses incurred. (Sec. 2804) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. Subtitle B: Land Conveyances - Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to repeal a provision authorizing the Secretary of the Army to transfer to Fairfax County, Virginia, the Engineer Proving Ground at Fort Belvoir, Virginia. (Sec. 2813) Authorizes the Secretary of the Army to convey to Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 2814) Authorizes the Secretary of the Navy to acquire by long-term lease facilities of a regional hospital complex in Naples, Italy, determined to be necessary for the Naples Improvement Initiative. Terminates the lease authority on September 30, 2002. (Sec. 2815) Authorizes the Secretary of the: (1) Navy to convey to the Maine School Administrative District No. 75, Topsham, Maine, a parcel of the Topsham Annex, Naval Air Station in Brunswick, Maine; (2) Navy to convey to Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay, New York; (3) Air Force to convey to Bangor, Maine, the Charleston Family Housing Complex in Bangor; and (4) Air Force to convey to the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property located at Ellsworth Air Force Base, South Dakota. Subtitle C: Other Matters - Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1998 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) other defense activities; (4) defense environmental management privatization; and (5) defense nuclear waste disposal. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, the Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits. (Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers. (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Provides contract requirements for defense environmental privatization projects. Requires a report to the defense and appropriations committees followed by a 30-day waiting period before the Secretary may enter into such a contract. Limits cost variations on such contracts. Requires the Secretary to notify such committees of the intent to use project funds to terminate such a contract. Requires an annual report from the Secretary to such committees on activities conducted under such contracts and a single report on whether such contracts should be entered into in the absence of sufficient appropriations. (Sec. 3132) Prohibits, with exceptions, FY 1998 DOE funds from being used for activities associated with international cooperative stockpile stewardship. (Sec. 3133) Earmarks funds authorized in this Division for: (1) the DOE modernization of the enduring nuclear weapons complex; (2) activities related to tritium production to meet stockpile requirements; and (3) the processing, treatment, and disposition of spent nuclear fuel rods and other materials at the Savannah River Site. Requires a report with respect to (1) and (2). (Sec. 3135) Prohibits the use of DOE funds after FY 1997 for DOE laboratory-directed research and development (R&D) unless such activities support DOE's national security mission, environmental restoration or waste management mission, or materials stabilization mission. Limits FY 1998 funding for such R&D until receipt by the defense and appropriations committees of a related report required under a previous defense authorization Act. Requires in such report an assessment of necessary R&D funding. (Sec. 3137) Amends the National Defense Authorization Act for Fiscal Year 1997 to make permanent (currently expires on September 30, 1997) the authority for the transfer between programs or projects of defense environmental management funds. (Sec. 3138) Prohibits DOE from recovering from certain parties the cost of any environmental response actions at a site included in the Formerly Utilized Site Remedial Action Project program other that costs stipulated in a binding, written agreement with such parties. Subtitle D: Other Matters - Amends the Department of Energy Organization Act to repeal: (1) certain requirements concerning the promulgation and publication of DOE administrative rules, regulations, or orders; and (2) a provision which makes the Federal Energy Administration Act of 1974 applicable to advisory committees chartered by the Secretary. (Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a requirement that the EPA Administrator conduct a study on the effect of appointment by the Secretary of certain scientific, engineering, and technical personnel on the conduct of remedial actions at sites listed on the National Priorities List; and (2) extend through FY 1999 the authority of the Secretary to make such appointments. (Sec. 3153) Directs the Secretary to submit to the defense and appropriations committees a plan and program for the stewardship, management, and certification of warheads in the nuclear weapons stockpile. (Sec. 3155) Repeals various obsolete reporting requirements under the Atomic Energy Act and prior defense authorization Acts. (Sec. 3156) Establishes the Commission on Safeguards and Security at Department of Energy Facilities to conduct reviews, make determinations and evaluations, and report to the defense and appropriations committees with respect to DOE facility security. Terminates the Commission after submission of its report. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Year 1997 to revise the authority of, and extend certain report deadlines for, the Commission on Maintaining United States Nuclear Weapons Expertise. (Sec. 3158) Directs the Secretary to transfer to the Secretary of the Interior administrative jurisdiction over specified real property at the Bandalier National Monument, New Mexico. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1998 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1998, to obligate up to $60 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 3303) Directs the President to dispose of NDS materials. Specifies disposal limits. (Sec. 3304) Directs the Secretary of the Treasury, upon request from the Secretary of Defense, to return to such Secretary for sale or other disposition NDS platinum previously loaned to the Treasury Department. Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1998 for activities relating to the naval petroleum reserves. (Sec. 3402) Authorizes the Secretary to lease U.S. interests in Oil Shale Reserves Number 1, 2, and 3 to one or more private entities for petroleum exploration, development, and production. (Sec. 3403) Repeals a provision requiring the assignment of certain Navy officers to the Office of Naval Petroleum and Oil Shale Reserves. Title XXXV: Panama Canal Commission - Subtitle A: Authorization of Expenditures from Revolving Fund - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1998, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties. Subtitle B: Facilitation of Panama Canal Transition - Panama Canal Transition Facilitation Act of 1997 - Part I: Transition Matters Relating to Commission Officers and Employees - Consents to the acceptance by the Administrator of the Commission of appointment by the Republic of Panama as Administrator of the Panama Canal Authority (such Authority to become the successor to the Commission on December 31, 1999, when Canal ownership is transferred from the United States to Panama). Waives certain: (1) conflict-of-interest provisions with respect to the Administrator; and (2) post-employment restrictions for current Commission personnel who become Authority employees after the Canal transfer date. Consents to Authority employment for retired military personnel, reserve personnel, and members of the Commissioned Reserve Corps of the Public Health Service. Repeals current Commission limitations in establishing compensation levels for Commission officers and employees. (Sec. 3524) States that Commission personnel travel, transportation, and subsistence expenses shall no longer be subject to Federal travel regulations. (Sec. 3525) Authorizes the Commission to pay a recruitment bonus to a newly appointed individual, or a relocation bonus to a current Commission employee who must move, if: (1) the Commission determines that it would have difficulty in filling such a position absent such bonus; or (2) the employee has unusually high or unique qualifications. (Sec. 3526) Authorizes transition separation incentive payments for Commission personnel. (Sec. 3527) Provides for Commission personnel collective bargaining rights and required labor-management negotiations. (Sec. 3528) Makes funds from the Panama Canal Revolving Fund available for severance pay for certain employees separated by the Authority after the Canal transfer date. Part II: Transition Matters Relating to Operation and Administration of Canal - Amends the Panama Canal Act of 1979 to direct the Commission to establish by regulation a comprehensive procurement system to be known as the Panama Canal Acquisition Regulation. Directs the Secretary of Defense to establish the Panama Canal Board of Contract Appeals with exclusive jurisdiction to decide an appeal from a decision of a contracting officer. Requires such Board to be functional no later than January 1, 1999. (Sec. 3543) Reduces from two years to one year after the date of the alleged injury the time limit for the filing of claims with the Commission. (Sec. 3544) Authorizes the Commission to: (1) set a separate toll rate for small vessels; (2) appoint U.S. citizens as notaries public; and (3) conduct and promote commercial activities related to Canal management, operation, or maintenance. (Sec. 3548) Transfers from the President to the Commission certain regulatory functions relating to Commission employment classification appeals.
United States · United States Congress · 18 June 1997
College Affordability and Access Act of 1997 - Amends the Internal Revenue Code to make the employer-provided educational assistance program exclusion permanent and extend it to cover graduate and professional as well as undergraduate education. Establishes an income-based deduction of up to $2,750 per year for certain qualified higher education loan interest paid for a taxpayer, spouse, or dependent. Allows the deduction for married couples only if they file a joint return. Allows the deduction whether or not the taxpayer itemizes deductions. Sets forth reporting requirements. Excludes from taxation higher education savings accounts, permitting limited annual contributions for the account holder's qualified higher education costs. Subjects account distributions used for nonqualifying purposes to taxation, including an additional ten percent tax. Sets forth related reporting requirements.
United States · United States Congress · 18 June 1997
Adoption Promotion Act of 1997 - Amends the Internal Revenue Code to increase the adoption credit and the exclusion for employer-provided adoption assistance with respect to children with special needs. Allows up to $2000 to be withdrawn penalty-free from an individual retirement account to pay for qualified adoption expenses.
United States · United States Congress · 18 June 1997
Cuban Humanitarian Trade Act of 1997 - Amends the Foreign Assistance Act of 1961 to exempt from the embargo on trade with Cuba the export of food, medicines, or medical supplies, instruments, or equipment, or any travel incident to delivery of such items. Exempts the same items from the President's authority to restrict exports to Cuba under the Export Administration Act of 1979 or the International Emergency Economic Powers Act. Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to income, war profits, or excess profits taxes paid to Cuba that are attributable to activities with respect to the permitted exports, or travel incident to such activities, under this Act. Directs the President to report to the Congress with respect to the uses, and end users, of the permitted exports to Cuba.
United States · United States Congress · 18 June 1997
Amends Federal law to subject pay and compensation paid to an individual for personal services at Fort Campbell, Kentucky, to taxation by the State or any political subdivision thereof of which the employee is a resident. Subjects pay or compensation paid by the United States for personal services as a U.S. employee at a U.S.-owned hydroelectric facility to taxation by the State or any political subdivision of which the employee is a resident if the facility is on: (1) the Columbia River, portions of which are in Washington and Oregon; or (2) the Missouri River, portions of which are in South Dakota and Nebraska.
United States · United States Congress · 17 June 1997
TABLE OF CONTENTS: Division A: Department of Defense Authorizations Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Army Programs Subtitle C: Navy Programs Subtitle D: Air Force Programs Subtitle E: Other Matters Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Program Requirements, Restrictions, and Limitations Subtitle C: Ballistic Missile Defense Programs Subtitle D: Other Matters Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Depot-Level Activities Subtitle C: Environmental Provisions Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities Subtitle E: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Authorization of Appropriations Title V: Military Personnel Policy Subtitle A: Personnel Management Subtitle B: Matters Relating to Reserve Components Subtitle C: Education and Training Programs Subtitle D: Decorations and Awards Subtitle E: Military Personnel Voting Rights Subtitle F: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay Subtitle B: Subsistence, Housing, and Other Allowances Subtitle C: Bonuses and Special and Incentive Pays Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition Policy, Acquisition Management, and Related Matters Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations Subtitle B: Contract Provisions Subtitle C: Acquisition Assistance Programs Subtitle D: Administrative Provisions Subtitle E: Other Matters Title IX: Department of Defense Organization and Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Naval Vessels and Shipyards Subtitle C: Counter-Drug Activities Subtitle D: Reports and Studies Subtitle E: Other Matters Title XI: Department of Defense Civilian Personnel Division B: Military Construction Authorizations Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Land Conveyances Subtitle C: Other Matters Division C: Department of Energy National Security Authorizations and Other Authorizations Title XXXI: Department of Energy National Security Programs Subtitle A: National Security Programs Authorizations Subtitle B: Recurring General Provisions Subtitle C: Program Authorizations, Restrictions, and Limitations Subtitle D: Other Matters Title XXXII: Defense Nuclear Facilities Safety Board Title XXXIII: National Defense Stockpile Title XXXIV: Naval Petroleum Reserves Title XXXV: Panama Canal Commission Subtitle A: Authorization of Expenditures From Revolving Fund Subtitle B: Facilitation of Panama Canal Transition National Defense Authorization Act for Fiscal Year 1998 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for procurement to the armed forces for aircraft, missiles, weapons and tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. (Sec. 104) Authorizes appropriations for FY 1998 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; (5) the Defense Health Program; and (6) the defense export loan guarantee program. Subtitle B: Army Programs - Prohibits the obligation of more than 25 percent of the funds authorized under this Act for helicopter modifications or upgrades until 30 days after the Secretary of the Army submits to the defense and appropriations committees a comprehensive plan for the modernization of the Army's helicopter fleet. (Sec. 112) Authorizes the Secretary of the Army to enter into a multiyear contract for the procurement of AH-64D Longbow Apache fire control radar. Subtitle C: Navy Programs - Earmarks funds for the New Attack Submarine program and authorizes the Secretary of the Navy to enter into procurement contracts for such program. Makes the Electric Boat Corporation and the Newport News Shipbuilding and Drydock Company eligible for such contracts. Repeals superseded provisions of prior defense authorization Acts. (Sec. 122) Earmarks funds for the procurement and construction of nuclear and nonnuclear components for the CVN-77 nuclear aircraft carrier program. Earmarks funds for research, development, test, and evaluation (RDT&E) of such program from funds authorized under title II of this Act. (Sec. 123) Provides an exception to a cost limitation for the Seawolf submarine program required under a prior defense authorization Act. (Sec. 124) Prohibits resumption of serial production of the airborne self-protection jammer until the Director of Operational Test and Evaluation makes certain certifications to the Congress with respect to the capabilities of such jammer. Requires an additional certification from the Secretary of Defense (Secretary). Subtitle D: Air Force Programs - Prohibits, with exceptions, any funds from being used to: (1) procure any additional B-2 bomber aircraft; or (2) maintain any part of the bomber industrial base solely to procure additional B-2 aircraft in the future. Subtitle E: Other Matters - Prohibits any funds from being used to purchase, lease, upgrade, or modify privately-owned drydocks. (Sec. 142) Requires the Under Secretary of Defense for Acquisition and Technology to report to the defense committees an analysis of the requirements of the Department of Defense (DOD) for the replacement of aircraft engines derived from Boeing 707 aircraft and the costs of meeting those requirements. (Sec. 143) Allows a working-capital funded Army industrial facility to sell articles or services to be incorporated into, or used in the manufacture of, a weapon system being procured by DOD without a determination by the Secretary of the Army that such articles or services are not available from a U.S. commercial source. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for the armed forces for RDT&E. Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to submit to the defense and appropriations committees a report on the options for the sequence in which the variants of the joint strike fighter are to be produced and fielded. (Sec. 212) Places specified development and funding limitations on the F-22 aircraft program. Requires an annual program review and report to the Congress by the Comptroller General (CG). (Sec. 213) Limits the total demonstration costs through FY 2003 with respect to the high altitude endurance unmanned vehicle program. Requires program review by the CG. (Sec. 214) Places an FY 1998 RDT&E funding limitation on the advanced anti-radiation guided missile program. (Sec. 215) Allows no more than 6,006 staff years of technical effort to be funded during FY 1998 for federally funded research and development centers. Directs the Secretary to report to the defense and appropriations committees on the allocation of such staff years among such centers during FY 1998 and 1999. (Sec. 216) Provides FY 1998 through 2000 funding goals among the military departments with respect to dual-use science and technology projects. Provides, with respect to such projects, for: (1) revised goals for national security reasons, after congressional notification; (2) the designation of a DOD official responsible for such projects; (3) a financial commitment from non-federal government participants; and (4) a report from the Secretary to the defense and appropriations committees. (Sec. 217) Authorizes the Secretary, in the national interest, to transfer amounts made available under this Division to certain counterproliferation programs, projects, and activities. Limits to $50 million the total amount of such transfers. (Sec. 218) Earmarks funds for the kinetic energy tactical anti-satellite technology program and the Clementine 2 micro-satellite near-Earth asteroid interception mission. Subtitle C: Ballistic Missile Defense Programs - Directs the Secretary to ensure that the National Missile Defense (NMD) program is structured and programmed to support a test in FY 1999 of an integrated NMD system that could achieve initial operational capability in FY 2003. Provides NMD system elements. Requires a report from the Secretary concerning NMD operational capability by such date. Provides FY 1998 NMD funding. (Sec. 222) Directs the Secretary to: (1) transfer to the Ballistic Missile Defense Organization (BMDO) for procurement for FY 1998 funds from specified military accounts; and (2) ensure that, in the future-years defense program, the procurement funding for BMDO is programmed for BMDO accounts rather than appropriations accounts of the armed forces. Subtitle D: Other Matters - Directs the Secretary to seek the participation of manufacturers of manufacturing equipment in projects under the manufacturing technology program. (Sec. 232) Extends through FY 2001 the authority for the use by commercial entities of DOD major range and test facilities. (Sec. 234) Revises and extends certain organizations within the national oceanographic partnership program. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1998 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD. Authorizes appropriations for FY 1998 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) Fisher House trust funds. (Sec. 304) Authorizes the transfer of up to $150 million to FY 1998 O&M accounts from the National Defense Stockpile Transaction Fund. Subtitle B: Depot-Level Activities - Prohibits the Secretary from entering into any contract for the performance of depot-level maintenance and repair (DLMR) of weapon systems or other DOD military equipment, or for the performance of related management functions, at any military installation that was approved in 1995 for closure under the Defense Base Closure and Realignment Act of 1990. Allows an exception after certification to the Congress and review by the CG. (Sec. 313) Directs the Secretary to report annually to the Congress describing each logistics capability that the Secretary identifies as a core logistics capability. Includes as a core logistics capability the capabilities, facilities, and equipment to maintain and repair weapon systems and other military equipment that are identified by the Secretary as necessary to enable the armed forces to fulfill contingency plans prepared by the Chairman of the Joint Chiefs of Staff. Requires all core logistics functions to be performed at Government-owned and operated facilities of DOD. (Sec. 314) Allows no more than 50 percent of the funds made available in a fiscal year for DLMR workload to be used to contract for the performance of such workload in non-Government owned and operated facilities. (Sec. 315) Directs the Secretary to designate each depot-level activity of the military departments and defense agencies as a Center of Industrial and Technical Excellence in the recognized core competencies of the activity. Provides for the formation of public-private partnerships for the performance of DLMR at such centers and for maximum utilization of center capacity. (Sec. 316) Prohibits civilian DOD employees performing DLMR workloads from being managed on the basis of any end strengths or other personnel constraints. (Sec. 317) Requires reports from the Secretary to the Congress on: (1) annual DLMR activities; and (2) the allocation of core logistics activities among DOD facilities and private sector facilities. (Sec. 319) Requires a review and report from the CG concerning the Navy's practice of using temporary duty assignments of personnel to perform ship maintenance and repair work at homeports not having Navy shipyards. (Sec. 320) Amends the National Defense Authorization Act for Fiscal Year: (1) 1996 to repeal a conditional repeal of certain DLMR laws and a related reporting requirement; and (2) 1991 to extend through FY 1998 the authority for naval shipyards and aviation depots to engage in defense-related production and services. Subtitle C: Environmental Provisions - Revises provisions relating to the storage and disposal on DOD property of nondefense toxic and hazardous materials. (Sec. 332) Requires additional information relating to the payment of fines and penalties assessed under environmental laws to be included in an annual report from the Secretary to the Congress on progress made in carrying out environmental restoration activities at military installations. (Sec. 333) Directs the Secretary to report annually to the Congress on DOD overseas environmental activities. (Sec. 335) Amends the National Defense Authorization Act for Fiscal Year 1997 to require certain additional information in cooperative agreements between the Secretary and an agency of a State or local government for obtaining assistance in certifying environmental technologies. Requires the Secretary to report to the Congress the guidelines established for reimbursing such agencies and for cost-sharing under such agreements. (Sec. 336) Directs the Secretary to utilize specified risk assessment methods in evaluating DOD facilities for purposes of allocating funds and establishing priorities for environmental restoration projects under the defense environmental restoration program. (Sec. 337) Directs the Secretary to prescribe regulations concerning the environmental restoration cost-recovery and cost-sharing activities of the military departments and defense agencies. (Sec. 338) Authorizes the Secretary to carry out a pilot program to assess the feasibility and advisability of the sale of economic incentives for the reduction of emission of air pollutants attributable to a military facility. Provides for the use of sale proceeds. (Sec. 339) Authorizes the Secretary to conduct and report to the Congress on a pilot program using existing technologies to determine: (1) the feasibility of tagging hydrocarbon fuels used by DOD for analysis and identification; (2) the deterrent effect of such tagging on the theft and misuse of such fuels; and (3) the extent to which such tagging assists in determining the source of surface and underground pollution. Provides funding. Subtitle D: Commissaries and Nonappropriated Fund Instrumentalities - Authorizes the use of various revenues received by DOD for the construction and improvement of commissary store facilities. (Sec. 352) Directs the Secretaries of the military departments to integrate the military exchange services no later than September 30, 2000. Requires the Secretaries to submit to the defense committees a plan for achieving such integration. Subtitle E: Other Matters - Prohibits, except under specified narrow circumstances, the advance billing of a customer for a working-capital fund. Requires the Secretary to report to the defense and appropriations committees whenever the aggregate amount of such advance billings not covered by a congressional notification exceeds $50 million. Prohibits the total amount of such advance billings for DOD working-capital funds and the Defense Business Operations Fund for FY 1998 from exceeding $1 billion. (Sec. 362) Authorizes the Secretary to operate a Center for Excellence in Disaster Management and Humanitarian Assistance at Tripler Army Medical Center, Hawaii. Authorizes an agreement with a higher education institution for joint operation of the Center. Provides FY 1998 funding. (Sec. 363) Provides that, whenever an official of an executive agency proposes or takes an administrative action that affects military training or other readiness activity in a significantly adverse manner, the Secretary shall submit to the defense committees a notification of such action along with each adverse effect. Requires a notification copy to be transmitted to the President and the head of the agency proposing or taking such action. (Sec. 364) Authorizes the Secretary of the Army to provide financial assistance to a State to support Army National Guard activities in such State. (Sec. 365) Authorizes the Secretary of the Army to sell to certain licensed manufacturers ammunition or ammunition components that are obsolete, unservicable, or excess to the Army. Requires the purchaser to enter into an agreement to demilitarize or recycle such ammunition or components. (Sec. 366) Requires the Director of the Defense Logistics Agency to develop and submit to the Congress a schedule for implementation of best commercial inventory practices for Agency supplies and equipment. (Sec. 367) Authorizes the Secretary to carry out a pilot program to use commercial sources of services to improve the collection of DOD claims under aircraft engine warranties. (Sec. 368) Authorizes the Secretary to make grants, conclude cooperative agreements, and supplement other Federal funds to assist a State or local government in enhancing that government's capability to support DOD efforts to privatize its military family support services. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Provides the authorized end strengths for active-duty forces as of the end of FY 1998. Repeals a Federal provision requiring a permanent active-duty end strength sufficient to support two simultaneous major regional contingencies. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1998 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 1998 for military personnel. Title V: Military Personnel Policy - Subtitle A: Personnel Management - Excludes certain active-duty and reserve officers currently on promotion lists from consideration by later promotion boards. (Sec. 502) Increases the authorized number of officers authorized to be frocked (to wear the insignia of the next higher officer grade even though the promotion to such grade is not yet final). (Sec. 503) Authorizes Navy chaplains who are not on the retired list to serve as a chief or deputy chief of Navy chaplains. Authorizes the Secretary of the Navy to defer the retirement of such officers if the person will be serving in such capacity during the deferred period. (Sec. 504) States that a current limitation on the authorized period of recalled service shall not apply to chaplains or health care professionals assigned to active duty in such capacity, or to an officer assigned to duty with the American Battle Monuments Commission. Subtitle B: Matters Relating to Reserve Components - Terminates the Ready Reserve Mobilization Income Insurance Program. Requires the Secretary to study and report to the Congress on the reasons for fiscal deficiencies in such Program and whether there is a need for a new program. (Sec. 512) Authorizes the separation of a reserve officer in an inactive status with the Standby Reserve who is not qualified for transfer to the Retired Reserve, or who, if qualified, does not apply for such transfer. (Sec. 513) Authorizes the retention until age 60 of military technicians in the grade of brigadier general. (Sec. 514) Provides that the performance of honor guard functions by members of the National Guard at funerals for veterans may be treated as a Federal function for which appropriated funds may be used. Subtitle C: Education and Training Programs - Authorizes the Secretary of the military department concerned to enter into an agreement with an authorized foreign government official to carry out a military academy foreign exchange study program. Provides agreement terms and special rules for the Federal recognition of foreign students studying in the United States. (Sec. 522) Authorizes for instruction at the Community College of the Air Force enlisted members of the Army, Navy, or Air Force who are serving as instructors at an Air Force training school. (Currently, enrollment is limited to Air Force enlisted personnel.) (Sec. 523) Preserves beyond a current ten-year delimiting period the educational assistance entitlement for members of the Selected Reserve serving on active duty in support of a contingency operation. (Sec. 524) Repeals Federal law providing certain staffing and safety requirements for the Army Ranger Training Brigade. Subtitle D: Decorations and Awards - Makes eligible for the award of a military service medal for heroism a member of the Ready Reserve who was not in a duty status at the time the member distinguished himself by heroism. (Sec. 532) Provides that time limits for the submission for recommendation for military decorations or awards shall not apply to specified individuals with respect to the award of the Silver Star Medal, the Navy and Marine Corps Medal, and the Distinguished Flying Cross. (Sec. 533) Amends the National Defense Authorization Act for Fiscal Year 1996 to extend to February 9, 1998, the period for the receipt of recommendations for decorations and awards for certain military intelligence personnel previously prevented by secrecy requirements from receiving such awards. (Sec. 534) Authorizes unit decorations to be awarded to certain units that supported the execution of combat operations during World War II. Subtitle E: Military Personnel Voting Rights - Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for voting rights purposes, a person absent from a State in compliance with military orders shall not be deemed to have: (1) lost a residence in that State; or (2) acquired a residence in, or become a resident of, another State. (Sec. 543) Amends the Uniformed and Overseas Absentee Voting Act to require each State, in elections for State and local offices, to permit absentee military personnel to use absentee voter procedures to vote in such elections and to accept and process military absentee voter registration applications. Subtitle F: Other Matters - Expresses the sense of the Congress that the CG should study and report to the Congress on any inequality in the treatment of men and women in the armed forces arising out of statutes or regulations. (Sec. 552) Establishes the Commission on Gender Integration in the Military to review and assess the current practices of the armed forces and the private sector pertaining to gender-integrated training. (Sec. 553) Authorizes any commanding officer or officer in charge who receives a complaint alleging sexual harassment by a member of the military or a civilian DOD employee to act appropriately on such complaint within 72 hours and to ensure that the complaint investigation is completed within 14 days. Requires specified reports from such officers, the department Secretaries receiving the forwarded complaints, and the Secretary. (Sec. 554) Requires exemplary moral and other appropriate conduct from all commanding officers and others in authority in the Army and Air Force. (Sec. 555) Authorizes the Secretary concerned to allow a member of the armed forces or a civilian officer or employee of DOD or the Coast Guard to serve in a management capacity with specified military welfare societies and other authorized entities. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay - Waives any FY 1998 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rates of basic pay by 2.8 percent, effective January 1, 1998. Subtitle B: Subsistence, Housing, and Other Allowances - Part I: Reform of Basic Allowance for Subsistence - Entitles all enlisted personnel other than those in basic training to the basic allowance for subsistence (BAS). Provides a new BAS rate based on food costs. Allows BAS to be paid to enlisted personnel in advance for not more than three months. Directs the Secretary to prescribe policies regarding the use of dining and field messing facilities of the military departments. Provides transitional provisions with respect to the current BAS, terminating such transitional authority on January 1, 1998. Part II: Reform of Housing and Related Allowances - Redesignates the basic allowance for quarters as the basic allowance for housing (BAH). Authorizes a temporary housing allowance for members in pay grades above E-4 who are in a travel or leave status between permanent duty stations. Authorizes the payment of a BAH for certain dependents of military personnel who die while on active duty. Provides special rules for the payment of a BAH to a member with dependents in the case of a member paying child support. Entitles to a BAH a member with dependents who is assigned to an unaccompanied tour of duty outside the continental United States. Repeals the variable housing allowance. States that a member without dependents who is not entitled to a BAH shall be entitled to a partial allowance for quarters determined by the Secretary. (Sec. 617) Directs the Secretary to prescribe monthly rates for the BAH on a geographic-cost basis. Directs the Secretary to redetermine such rates when basic pay rates are increased. Provides for: (1) protection from housing rate reductions for certain for certain personnel; and (2) a fiscal year limitation on the total allowances paid for housing located inside the United States. Directs the Secretary to prescribe the rate of the temporary housing allowance for members in a travel or leave status between permanent duty stations. Provides the rates of the BAH for dependents of members who die while on active duty and members paying child support, as well as the rate of the partial allowance for quarters for members without dependents. (Sec. 618) Changes the dislocation allowance rates from a rate based on a member's pay grade to a rate based on a percentage of the monthly national average cost of housing for members of the same grade and dependency status. (Sec. 619) Repeals Federal provisions: (1) making the family separation allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade; and (2) providing a station allowance for members on duty outside the United States. Part III: Other Amendments Relating to Allowances - Requires the President to adjust the basic pay of military personnel whenever the General Schedule of Compensation is adjusted. Authorizes the President to allocate such increases among pay grade and years-of-service categories, requiring congressional notification of any such allocation. Requires quadrennial assessment of such allocations. (Sec. 627) Allows payment of the Ready Reserve muster duty allowance no later than 30 days after such duty is performed. Subtitle C: Bonuses and Special and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1998 with respect to certain special pay and bonus programs within the regular and reserve armed forces. (Sec. 634) Increases the aviation career incentive pay and the aviation continuation pay. Extends through FY 2005 the authority for the continuation pay. (Sec. 636) Makes dental officers eligible for the same multiyear retention bonus currently paid to medical officers of the armed forces. Increases dental officer special pay amounts. (Sec. 638) Makes eligible for the Selected Reserve reenlistment bonus those Reserve enlisted personnel with less than 14 (currently, ten) years of total military service. Authorizes the payment of bonuses for consecutive three-year reenlistments. Revises bonus amounts. (Sec. 639) Makes changes similar to the Selected Reserve reenlistment bonus for former enlisted personnel who enlist for three-year periods in the Selected Reserve. (Sec. 640) Increases the special pay and bonuses authorized for nuclear qualified officers. (Sec. 641) Authorizes the Secretary concerned to pay bonuses in lieu of special pay for enlisted personnel extending their tours of duty at designated overseas locations. Prohibits the concurrent receipt by such personnel of such an annual bonus and rest and recuperative absence or transportation. Requires pro rata repayment of an unearned bonus. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Authorizes a participant in the Survivor Benefit Plan (SBP) to elect to discontinue participation at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. Requires spousal concurrence, with an exception. (Sec. 652) Allows at any time (currently, within one year after remarriage) a change of election in SBP coverage to provide an annuity to a spouse instead of a former spouse. (Sec. 653) Considers SBP coverage as paid in entirety after the earlier of 30 years of pay deductions for such coverage or the month in which the member attains 70 years of age. (Sec. 654) Authorizes the Secretary concerned to pay an annuity to the qualified surviving spouse of each member who: (1) died before March 21, 1974, and was entitled to retired or retainer pay at the time of death; or (2) was a reserve member between September 21, 1972, and October 1, 1978, and at the time of death would have been entitled to retired or retainer pay except for not having attained 60 years of age. Provides annuity amounts. Terminates annuity payment authority on September 30, 2001. Subtitle E: Other Matters - Entitles to basic pay and allowances, medical and dental care, and disability retirement or separation benefits, as well as for the recovery, care, and disposition of remains, a reserve member who is physically disabled as a result of injury, illness, or disease aggravated in the line of duty while remaining overnight immediately before the commencement of inactive-duty training. (Sec. 662) Authorizes the Secretary concerned to pay travel and transportation allowances for dependents of members sentenced by court-martial when action on the sentence is pending. (Sec. 663) Makes members of the Public Health Service, National Guard, and National Oceanic and Atmospheric Administration eligible for reimbursement of certain adoption expenses. Title VII: Health Care Provisions - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the administering Secretaries (Secretaries of Defense, Health and Human Services, and Transportation with respect to the Coast Guard when not operating under the Navy) to waive any required deductibles, copayments, or annual fees on behalf of military personnel assigned to permanent duty as recruiters, educational instructors, or unit advisors and residing more than 50 miles or one hour from the nearest military health care facility. (Sec. 702) Authorizes the Secretary to pay the costs of any overseas emergency health care provided to military and civilian personnel of the On-Site Inspection Agency. Provides funding. (Sec. 703) Directs the administering Secretaries to prescribe regulations requiring each source dispensing a prescription medication under CHAMPUS to furnish to the recipient cautionary information on such medication. (Sec. 704) Authorizes CHAMPUS medical and dental care for certain reserve personnel who were Persian Gulf War veterans and who register a sympton or illness presumed to be a result of such service. (Sec. 705) Authorizes the Secretary to collect dental insurance premiums through military pay deductions. (Sec. 706) Makes the administering Secretaries (currently, only the Secretary of Defense) responsible for CHAMPUS dental plan coverage for certain military retirees and their dependents. (Sec. 707) Authorizes the provision of the following prosthetic devices to military dependents: (1) artificial limbs, voice prostheses, and artificial eyes; and (2) any device determined necessary due to one or more significant impairments resulting from trauma, congenital anomaly, or disease. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Amendments to General Contracting Authorities, Procedures, and Limitations - Authorizes the head of a defense agency to waive a restriction against entering into undefinitized contract actions when determined necessary in order to support a humanitarian or peacekeeping operation. (Sec. 803) Authorizes the Secretary or the Secretary concerned to enter into a contract for the procurement of severable services for a period that crosses fiscal years, as long as the contract period does not exceed one year. (Sec. 804) Makes unallowable as costs under a defense contract compensation costs of contractor senior executives which exceed the benchmark compensation amount determined under this section by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act. Makes an identical nonallowability amendment under the Federal Property and Administrative Services Act of 1949. (Sec. 805) Authorizes the purchase by DOD of right-hand drive vehicles at a cost of vehicles at a cost of up to $30,000 (currently $12,000) each. (Sec. 806) Authorizes the Secretary of the Navy (currently, the Secretary of Defense) to enter into shipbuilding capability preservation agreements (currently, defense capability preservation agreements). Directs the Secretary of the Navy to: (1) establish application procedures and procedures for the expeditious consideration of such agreements; and (2) report to the defense and appropriations committees on applications for such agreements. (Sec. 807) Amends the Drug-Free Workplace Act of 1988 to remove a certification requirement for grants authorized under such Act. (Sec. 808) Repeals Federal provisions prohibiting the Secretary concerned from adjusting the price under a shipbuilding contract to reflect an amount set forth in a claim or demand for payment under such contract arising out of certain contract events. Subtitle B: Contract Provisions - Revises the guarantees required of a defense prime contractor (conformity, free from defects) when entering into a contract for the production of a major system (currently, major weapon system). Provides an exception for a major system or system component furnished by the United States. (Sec. 812) Provides for vesting of title to the United States under contracts paid under partial or progress payment arrangements. Subtitle C: Acquisition Assistance Programs - Earmarks funds for FY 1998 for the procurement technical assistance program and specific programs under such program. (Sec. 822) Amends the National Defense Authorization Act for: (1) Fiscal Year 1991 to extend through FY 2000 the pilot mentor-protege program; and (2) Fiscal Years 1990 and 1991 to extend through FY 2000 a test program for the negotiation of comprehensive subcontracting plans. Subtitle D: Administrative Provisions - Provides for the retention of amounts collected from a contractor as a result of claims under the Contract Disputes Act of 1978 during the pendency of any litigation concerning such claim. Directs the Under Secretary of Defense (Comptroller) to report annually to the Congress on any such amounts available for obligation. (Sec. 832) Prohibits from disclosure for a five-year period of certain information submitted to DOD as part of a possible award of a cooperative agreement. (Sec. 833) Revises content requirements with respect to limited selected acquisition reports and unit cost reports. (Sec. 835) Directs the Under Secretary of Defense for Acquisition and Technology to designate an official to serve as a central point of contact for certain contracting information. Subtitle E: Other Matters - Amends the National Defense Authorization Act for Fiscal Year 1995 to extend through FY 1999 a required report concerning DOD payment of any business restructuring costs under a defense contract. Requires specified reports from the Secretary and the CG with respect to the effect on DOD of any business combinations of major defense contractors. (Sec. 842) Authorizes the director of a defense agency, when considered advantageous, to lease nonexcess personal property of that agency under specified terms and conditions, including a lease term of no more than five years (unless the national defense or public interest would be better served by alonger lease). Requires lease amounts received to be used solely for the maintenance, repair, or replacement of the leased property. (Sec. 843) Directs the Secretary concerned, upon presidential approval of a report of a selection board for the promotion above grade O-4 of a member of the Acquisition Corps of a military department, to submit a copy of such report to the Under Secretary of Defense for Acquisition and Technology for review. Requires a subsequent report from such Under Secretary to the defense committees. Title IX: Department of Defense Organization and Management - Establishes in DOD a National Defense University made up of specified component institutions already in existence. (Sec. 903) Authorizes the CINC Initiative Fund to be used for force protection. (Sec. 904) Directs the Secretary to transfer functions of the Tactical Intelligence and Related Activities aggregation to DOD officials outside of the intelligence community, along with the funding for such activities. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD under this Division for FY 1998 between any such authorizations for that fiscal year, with a total transfer limit of $2.5 billion. Requires congressional notification of any such transfers. (Sec. 1002) Authorizes certain unauthorized FY 1997 defense appropriations to be obligated for DOD programs, projects, and activities in accordance with FY 1997 defense appropriations. (Sec. 1003) Adjusts the amounts authorized to DOD for FY 1997 by the amount by which appropriations pursuant to such authorization were increased in the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia. (Sec. 1004) Amends the National Defense Authorization Act for Fiscal Year 1996 to increase from $2 billion to $3.1 billion the amount authorized to be transferred between any defense authorizations for that fiscal year. (Sec. 1005) Directs the Secretary to submit biannually to the Congress a strategic plan for improving financial management within DOD. (Sec. 1006) Allows Fisher House trust funds to be used only for the operation (currently, operation and maintenance) of Fisher Houses. (Sec. 1007) Authorizes the Secretary to use specified FY 1991 Army procurement funds to reimburse the Government for any judgment against the United States rendered in the case of a certain appeal by the McDonnell Douglas Company. (Sec. 1008) Prescribes information required to be included by the Secretary in each future-years defense program with respect to the procurement of equipment and military construction for each of the reserve components. Provides for a conditional report with respect to such procurements. Subtitle B: Naval Vessels and Shipyards - Authorizes the Secretary of the Navy to enter into a long-term charter for a vessel to support the Surveillance Towed Array Sensor Program through FY 2004. (Sec. 1012) Outlines procedures for the sale of vessels stricken from the Naval Vessel Register. (Sec. 1013) Authorizes the Secretary of the Navy to sell specified naval vessels to Brazil, Chile, Egypt, Israel, Malaysia, Mexico, the Taipei Economic and Cultural Representative Office in the United States, and Thailand. Requires such Secretary, as a condition of such sales, to require any pre-sale vessel repair or refurbishment to be performed at a U.S. shipyard, including a Navy shipyard. Subtitle C: Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1997 to extend through FY 1998 the authority to provide certain support for counter-drug activities of Mexico. (Sec. 1022) Authorizes the Secretary, during FY 1998 through 2002, to provide to either or both of the Governments of Peru and Colombia specified support for counter-drug activities. Provides funding and requires certain congressional certification and a 15-day waiting period before fund obligation or expenditure. Subtitle D: Reports and Studies - Repeals various reports and reporting requirements under Federal armed forces provisions, prior defense authorization and appropriations Acts, and the Office of Federal Procurement Policy Act. (Sec. 1032) Requires the Chairman of the Joint Chiefs of Staff (JCS) to develop a common means of measuring the operations and personnel tempos of each military department. (Sec. 1033) Directs the Secretary to report to the Congress on the overseas deployment of military personnel. (Sec. 1034) Directs the JCS Chairman to submit to the defense and appropriations committees a report on the military readiness requirements of the active and reserve forces as prepared by the JCS Chairman and the commanders of the unified commands. (Sec. 1035) Directs the Secretary to report to the defense committees on the readiness posture of units of the armed forces that provides for a rotation of such units between states of high and low readiness. (Sec. 1036) Expresses the sense of the Congress that: (1) the President should develop alternatives to the current arrangement for forward basing of U.S. armed forces outside the United States; and (2) a continued U.S. military presence in the Pacific Rim is vital to U.S. protection of interests in that region. Directs the Secretary to report to the defense committees on defense overseas infrastructure requirements. (Sec. 1037) Directs the Under Secretary of Defense (Comptroller) to report to the defense committees on aircraft in the DOD inventory. (Sec. 1038) Directs the Secretary to report to the Congress on actions taken or planned within DOD to address problems involved with the sale or other disposition of excess materials. (Sec. 1039) Directs the Secretary to conduct a comprehensive review of, and report to the defense committees on, the current Federal protections and benefits afforded to former spouses of current and former military personnel and to former spouses of current and former Federal employees. (Sec. 1040) Authorizes the CG to conduct an audit, evaluation, review, or report only after the CG certifies that the General Accounting Office has completed all prior audits, evaluations, reviews, and reports that were requested by the Congress before such certification. Subtitle E: Other Matters - Directs the Secretary to submit to the President a recommended amendment to the Military Rules of Evidence that recognizes an evidentiary privilege regarding disclosure by a psychotherapist of confidential communications of a patient. (Sec. 1052) Amends the National Defense Authorization Act for Fiscal Year 1993 to extend through FY 1998 the National Guard Civilian Youth Opportunities pilot program. Limits the total number of programs carried out to the number in existence at the end of FY 1995. Provides Federal cost share limits. Limits to $20 million the authorized expenditures under the program for a fiscal year. (Sec. 1053) Directs the Secretary to ensure that units of the armed forces engaged in peace operations have adequate troop protection equipment. Requires a report. (Sec. 1054) Prohibits DOD funds from being obligated or expended during FY 1998 for retiring or dismantling specified strategic nuclear delivery systems below certain levels. Provides a waiver in order to implement the SALT II Treaty. Provides funding limitations with respect to substantial early deactivations to reach such levels. Requires the President to report to the Congress on such actions. Directs the Secretary to report to the defense and appropriations committees a contingency plan for the sustainment beyond October 1, 1999, of U.S. strategic nuclear delivery systems and alternative force structures in the event that a strategic arms reduction agreement subsequent to the Strategic Arms Reduction Treaty does not enter into force before 2004. (Sec. 1055) Authorizes the Secretary concerned to accept payments of landing fees for the use of overseas military airfields by civilian aircraft. (Sec. 1056) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 1998 the International Nonproliferation Initiative (with the same $15 million spending limit for the additional fiscal year). (Sec. 1057) Authorizes DOD's On-Site Inspection Agency, upon request of the facility's owner or operator, to provide technical assistance to a facility that is subject to a routine or challenge inspection under the Chemical Weapons Convention. (Sec. 1058) Expresses the sense of the Senate that the President should: (1) ensure that the United States is able to construct and operate necessary facilities for the destruction of the U.S. stockpile of lethal chemical agents and munitions as required under the Chemical Weapons Convention; and (2) encourage Federal-State negotiations to meet concerns about actions being taken to carry out such demilitarization. (Sec. 1059) Expresses the sense of the Congress prohibiting, except in specific limited circumstances, the authorization of appropriations for reserve component modernization activities not included in a DOD budget request. (Sec. 1060) Authorizes the Secretary (currently, the CG) to waive certain time limitations for the settling of claims relating to military pay, allowances, and other benefits. (Sec. 1061) Directs the Secretary to report to the Congress on actions taken to ensure adequate coordination of operational intelligence support for the commanders of the combatant commands and deployed military units. (Sec. 1063) Authorizes the appropriate official, under specified circumstances, to deny a request for public disclosure of safety-related information that has been provided voluntarily by an air carrier as part of a contract for the charter air transportation of military personnel. (Sec. 1064) Directs the Secretary, with respect to the Global Positioning System (GPS), to: (1) provide for the sustainment of its capabilities and services that are beneficial to U.S. national security; (2) prevent its hostile use; (3) sustain its capabilities and services for peaceful civil, commercial, and scientific uses on a continuous worldwide basis free from direct user fees; (4) use it to meet performance requirements of the Federal Radionavigation Plan; (5) augment the system to enhance its support of transportation; and (6) find new and expanded civil uses. Calls for international cooperation with respect to GPS use. Requires a GPS report from the Secretary to the defense and appropriations committees. (Sec. 1065) Authorizes special agents of the Defense Criminal Investigative Service to carry firearms, execute and serve warrants, and make arrests without warrants for certain offenses. (Sec. 1066) Amends the Military Construction Authorization Act, 1968 to repeal the requirement for the continued operation of the Naval Academy Dairy Farm in Gambrills, Maryland. (Sec. 1067) Requires the Director of Central Intelligence to establish a POW-MIA Intelligence Analysis Cell to provide analytical support on POW-MIA matters to all Federal departments and agencies involved with such matters. Requires the Cell to be the primary source of support in the preparation of the Special National Intelligence Estimate on POW-MIA matters. (Sec. 1068) Protects Federal employees from retaliation for certain disclosures of classified information when such information is disclosed: (1) to provide evidence of a violation of law, gross mismanagement, waste of funds, abuse of authority, substantial and specific danger to public health or safety, or a false statement to the Congress; and (2) to a person or element having oversight responsibilities and cleared for the receipt of such information. (Sec. 1069) Amends the Veterans' Benefits Improvements Act of 1996 to make certain Federal pay authorities inapplicable to Federal annuitants or former military personnel who are members of the Commission on Servicemembers and Veterans Transition Assistance. (Sec. 1070) Authorizes the Secretary of the Air Force to transfer to the Planes of Fame Museum, Chino, California, all rights and interest to the aircraft known as the "Picadilly Lilly." (Sec. 1071) Extends through FY 2002 the aviation insurance program. (Sec. 1072) Prohibits a military flight operation from being treated as a transportation program held on or over public land requiring prior approval by the Secretary of Transportation. (Sec. 1073) Amends the Immigration and Nationality Act to provide for the naturalization of Philippine nationals who served honorably in the U.S. armed forces during World War II. (Sec. 1074) Designates Bob Hope as an honorary veteran of the U.S. armed forces. Title XI: Department of Defense Civilian Personnel - Directs the Secretaries of the military departments and the heads of the defense agencies to report semiannually to the defense committees on the management of the civilian workforce under their jurisdiction. (Sec. 1102) Authorizes the employment of civilian faculty at a school of the Marine Corps University. (Sec. 1103) Requires DOD to remit to the Office of Personnel Management 15 percent of the final basic pay of an individual who agrees to be separated from the armed forces under the DOD voluntary separation incentive program. Requires such remittance to be credited to the Civil Service Retirement and Disability Fund. Extends the incentive program through FY 2001. (Sec. 1104) Repeals a provision requiring the Secretary to ensure the placement in the competitive service, within six months after separation from the military reserve, of technicians who were involuntarily separated after at least 15 years of retirement-creditable military service. (Sec. 1105) Revises the pay rate for DOD overseas teachers upon their transfer to a General Schedule position with the Government. (Sec. 1106) Amends the Intelligence Authorization Act, Fiscal Year 1990 to remove conditions for the naturalization of employees of the George C. Marshall European Center for Security Studies in Garmisch, Germany. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1998 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1997 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Authorizes the use of prior-year military construction funds to construct a heliport at Fort Irwin, California. Title XXII: Navy - Provides, with respect to the Navy, authorizations for purposes paralleling those for which authorizations are provided for the Army under the previous title. (Sec. 2205) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at the Naval Station in Pascagoula, Mississippi, using funds authorized under such Act. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations for purposes paralleling those for which authorizations are provided for the Army. (Sec. 2305) Amends the Military Construction Authorization Act for Fiscal Year 1997 to authorize a military construction project at McConnell Air Force Base, Kansas, using funds authorized under such Act. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2405) Authorizes appropriations to DOD for fiscal years beginning after 1997 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 2407) Authorizes the Secretary to carry out specified military construction projects, using amounts authorized under a prior military construction authorization Act for a project at McClellan Air Force Base, California. (Sec. 2408) Increases the amounts authorized under a prior military construction authorization Act for projects at Pine Bluff Arsenal, Arkansas, and Umatilla Army Depot, Oregon. (Sec. 2409) Extends the availability of funds under a prior defense appropriations Act for construction of an over-the-horizon radar at Naval Station Roosevelt Roads, Puerto Rico. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1997 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1997 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Increases the amount authorized under a prior military construction authorization Act for a project at the Aviation Support Facility in Hilo, Hawaii. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for FY 2001, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases from $200,000 to $500,000 the threshold for minor land acquisition projects. (Sec. 2802) Authorizes the Secretary concerned to transfer all or part of a utility system located on a military installation to a local utility or other appropriate entity for fair market value. (Sec. 2803) Authorizes the Secretary concerned, when exchanging real property or granting an easement, lease, or license of real property, to collect from the receiver the administrative expenses incurred. (Sec. 2804) Provides for the crediting of financial incentives received by DOD from gas, electric, and water utilities for energy and water cost savings. Subtitle B: Land Conveyances - Amends the Military Construction Authorization Act for Fiscal Years 1990 and 1991 to repeal a provision authorizing the Secretary of the Army to transfer to Fairfax County, Virginia, the Engineer Proving Ground at Fort Belvoir, Virginia. (Sec. 2813) Authorizes the Secretary of the Army to convey to Mineral County, Nevada, the Schweer Driving House Area within the Hawthorne Army Ammunition Depot. (Sec. 2814) Authorizes the Secretary of the Navy to acquire by long-term lease facilities of a regional hospital complex in Naples, Italy, determined to be necessary for the Naples Improvement Initiative. Terminates the lease authority on September 30, 2002. (Sec. 2815) Authorizes the Secretary of the: (1) Navy to convey to the Maine School Administrative District No. 75, Topsham, Maine, a parcel of the Topsham Annex, Naval Air Station in Brunswick, Maine; (2) Navy to convey to Nassau County, New York, the Naval Weapons Industrial Reserve Plant No. 464 in Oyster Bay, New York; (3) Air Force to convey to Bangor, Maine, the Charleston Family Housing Complex in Bangor; and (4) Air Force to convey to the Greater Box Elder Area Economic Development Corporation in Box Elder, South Dakota, specified real property located at Ellsworth Air Force Base, South Dakota. Subtitle C: Other Matters - Provides for the disposition of proceeds from the sale of Air Force Plant No. 78 in Brigham City, Utah. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI(sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1998 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) environmental restoration and waste management; (3) other defense activities; (4) defense environmental management privatization; and (5) defense nuclear waste disposal. Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, the Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired. (Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits. (Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers. (Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for such designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount. (Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs. Subtitle C: Program Authorizations, Restrictions, and Limitations - Provides contract requirements for defense environmental privatization projects. Requires a report to the defense and appropriations committees followed by a 30-day waiting period before the Secretary may enter into such a contract. Limits cost variations on such contracts. Requires the Secretary to notify such committees of the intent to use project funds to terminate such a contract. Requires an annual report from the Secretary to such committees on activities conducted under such contracts and a single report on whether such contracts should be entered into in the absence of sufficient appropriations. (Sec. 3132) Prohibits, with exceptions, FY 1998 DOE funds from being used for activities associated with international cooperative stockpile stewardship. (Sec. 3133) Earmarks funds authorized in this Division for: (1) the DOE modernization of the enduring nuclear weapons complex; (2) activities related to tritium production to meet stockpile requirements; and (3) the processing, treatment, and disposition of spent nuclear fuel rods and other materials at the Savannah River Site. Requires a report with respect to (1) and (2). (Sec. 3135) Prohibits the use of DOE funds after FY 1997 for DOE laboratory-directed research and development (R&D) unless such activities support DOE's national security mission, environmental restoration or waste management mission, or materials stabilization mission. Limits FY 1998 funding for such R&D until receipt by the defense and appropriations committees of a related report required under a previous defense authorization Act. Requires in such report an assessment of necessary R&D funding. (Sec. 3137) Amends the National Defense Authorization Act for Fiscal Year 1997 to make permanent (currently expires on September 30, 1997) the authority for the transfer between programs or projects of defense environmental management funds. (Sec. 3138) Prohibits DOE from recovering from certain parties the cost of any environmental response actions at a site included in the Formerly Utilized Site Remedial Action Project program other that costs stipulated in a binding, written agreement with such parties. Subtitle D: Other Matters - Amends the Department of Energy Organization Act to repeal: (1) certain requirements concerning the promulgation and publication of DOE administrative rules, regulations, or orders; and (2) a provision which makes the Federal Energy Administration Act of 1974 applicable to advisory committees chartered by the Secretary. (Sec. 3152) Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a requirement that the EPA Administrator conduct a study on the effect of appointment by the Secretary of certain scientific, engineering, and technical personnel on the conduct of remedial actions at sites listed on the National Priorities List; and (2) extend through FY 1999 the authority of the Secretary to make such appointments. (Sec. 3153) Directs the Secretary to submit to the defense and appropriations committees a plan and program for the stewardship, management, and certification of warheads in the nuclear weapons stockpile. (Sec. 3155) Repeals various obsolete reporting requirements under the Atomic Energy Act and prior defense authorization Acts. (Sec. 3156) Establishes the Commission on Safeguards and Security at Department of Energy Facilities to conduct reviews, make determinations and evaluations, and report to the defense and appropriations committees with respect to DOE facility security. Terminates the Commission after submission of its report. (Sec. 3157) Amends the National Defense Authorization Act for Fiscal Year 1997 to revise the authority of, and extend certain report deadlines for, the Commission on Maintaining United States Nuclear Weapons Expertise. (Sec. 3158) Directs the Secretary to transfer to the Secretary of the Interior administrative jurisdiction over specified real property at the Bandalier National Monument, New Mexico. Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 1998 for the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 1998, to obligate up to $60 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying the Congress that extraordinary or emergency conditions necessitate the additional obligations. (Sec. 3303) Directs the President to dispose of NDS materials. Specifies disposal limits. (Sec. 3304) Directs the Secretary of the Treasury, upon request from the Secretary of Defense, to return to such Secretary for sale or other disposition NDS platinum previously loaned to the Treasury Department. Title XXXIV: Naval Petroleum Reserves - Authorizes appropriations for FY 1998 for activities relating to the naval petroleum reserves. (Sec. 3402) Authorizes the Secretary to lease U.S. interests in Oil Shale Reserves Number 1, 2, and 3 to one or more private entities for petroleum exploration, development, and production. (Sec. 3403) Repeals a provision requiring the assignment of certain Navy officers to the Office of Naval Petroleum and Oil Shale Reserves. Title XXXV: Panama Canal Commission - Subtitle A: Authorization of Expenditures from Revolving Fund - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1998, with specified limitations. Requires such funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States. Requires expenditures authorized under this title to be in accordance with the Panama Canal Treaties of 1977 and any laws implementing those treaties. Subtitle B: Facilitation of Panama Canal Transition - Panama Canal Transition Facilitation Act of 1997 - Part I: Transition Matters Relating to Commission Officers and Employees - Consents to the acceptance by the Administrator of the Commission of appointment by the Republic of Panama as Administrator of the Panama Canal Authority (such Authority to become the successor to the Commission on December 31, 1999, when Canal ownership is transferred from the United States to Panama). Waives certain: (1) conflict-of-interest provisions with respect to the Administrator; and (2) post-employment restrictions for current Commission personnel who become Authority employees after the Canal transfer date. Consents to Authority employment for retired military personnel, reserve personnel, and members of the Commissioned Reserve Corps of the Public Health Service. Repeals current Commission limitations in establishing compensation levels for Commission officers and employees. (Sec. 3524) States that Commission personnel travel, transportation, and subsistence expenses shall no longer be subject to Federal travel regulations. (Sec. 3525) Authorizes the Commission to pay a recruitment bonus to a newly appointed individual, or a relocation bonus to a current Commission employee who must move, if: (1) the Commission determines that it would have difficulty in filling such a position absent such bonus; or (2) the employee has unusually high or unique qualifications. (Sec. 3526) Authorizes transition separation incentive payments for Commission personnel. (Sec. 3527) Provides for Commission personnel collective bargaining rights and required labor-management negotiations. (Sec. 3528) Makes funds from the Panama Canal Revolving Fund available for severance pay for certain employees separated by the Authority after the Canal transfer date. Part II: Transition Matters Relating to Operation and Administration of Canal - Amends the Panama Canal Act of 1979 to direct the Commission to establish by regulation a comprehensive procurement system to be known as the Panama Canal Acquisition Regulation. Directs the Secretary of Defense to establish the Panama Canal Board of Contract Appeals with exclusive jurisdiction to decide an appeal from a decision of a contracting officer. Requires such Board to be functional no later than January 1, 1999. (Sec. 3543) Reduces from two years to one year after the date of the alleged injury the time limit for the filing of claims with the Commission. (Sec. 3544) Authorizes the Commission to: (1) set a separate toll rate for small vessels; (2) appoint U.S. citizens as notaries public; and (3) conduct and promote commercial activities related to Canal management, operation, or maintenance. (Sec. 3548) Transfers from the President to the Commission certain regulatory functions relating to Commission employment classification appeals.
United States · United States Congress · 17 June 1997
Working Family Child Care Tax Relief Act of 1997 - Amends the Internal Revenue Code with respect to the child and dependent care credit to: (1) increase the maximum credit; (2) revise the applicable percentage formula; and (3) make the credit refundable.
United States · United States Congress · 17 June 1997
TABLE OF CONTENTS: Title I: Metropolitan Washington Education and Workforce Training Grants Title II: Metropolitan Washington Education and Workforce Training Tax and Offsetting Tax Credits Metropolitan Washington Education and Workforce Training Improvement Act of 1997 - Title I: Metropolitan Washington Education and Workforce Training Grants - Directs the Secretaries of Education and Labor, using funds made available from the Metropolitan Washington Education and Workforce Training Trust Fund, to make grants to eligible agencies and organizations for carrying out education and workforce activities described by this title. Requires grants provided to local educational agencies or organizations with experience in carrying out such activities to be used for: (1) providing professional development for teachers and principals; (2) developing programs to provide business experience to teachers participating in vocational or technology training; (3) constructing, renovating, or improving educational facilities for workforce training programs; (4) developing partnerships between businesses and vocational education or training providers to carry out student internships; (5) providing youth and adult workforce training with remedial help; (6) establishing model benchmarks to be used in education and workforce training curricula; (7) providing for evaluations of other education and workforce training activities; (8) assisting in mentoring and parental involvement programs and career path records for students; (9) establishing and assessing voluntary skill standards for workforce training participants; (10) assessing the need for, and improving, educational technology in the metropolitan region; and (11) providing resources to extend a school year or day. Sets forth provisions regarding distribution of funds and maintenance of fiscal effort with respect to such activities. (Sec. 103) Establishes the: (1) Metropolitan Washington Education and Workforce Training Partnership in the Departments of Labor and Education; and (2) Metropolitan Washington Education and Workforce Training Board within the Partnership. Requires the Board to provide advice to the Secretaries on applications and grants and report annually to the appropriate congressional committees on Partnership activities. (Sec. 104) Authorizes the Secretaries to accept voluntary and uncompensated services in furtherance of this title. Permits the Partnership to accept monetary contributions to defray expenses. Title II: Metropolitan Washington Education and Workforce Training Tax and Offsetting Tax Credits - Amends the District of Columbia Income and Franchise Tax Act of 1947 to define "gross income," in the case of nonresidents of the District, as income derived from: (1) salaries or compensation for personal services performed within the District, including Federal employee compensation; (2) certain trade or business conducted in the District, including sales or dealings in District property; and (3) rent on property located in the District. Imposes an income tax on nonresidents at a rate equal to one-third of the rate applied to residents. Provides for deductions and personal exemptions with respect to such tax. Bars the District Council from: (1) imposing any additional tax on the personal income of nonresidents unless the same proportion of tax is imposed on the personal income of residents; and (2) providing deductions or personal exemptions to residents which are not also available to nonresidents. Allocates the revenues received from income tax on nonresidents as follows: (1) one-third to the District of Columbia Financial Responsibility and Management Assistance Authority for funding the repair and modernization of District public schools; and (2) two-thirds to the Metropolitan Washington Education and Workforce Training Trust Fund. Sets forth a formula for the phasing-in of the nonresident income tax. Amends the Internal Revenue Code to allow an amount equal to 100 percent of the tax imposed on a District nonresident as a nonrefundable personal credit in the first taxable year after this Act's enactment date. Allows as such credit an amount equal to one-third of such tax in subsequent tax years. Denies a deduction for such tax. (Sec. 202) Repeals provisions of the District of Columbia Income and Franchise Tax Act of 1947 regarding the unincorporated business tax. Provides that unincorporated businesses as such shall not be subject to tax. Requires individuals carrying on business as unincorporated businesses to be liable in their individual capacity, for personal income tax as residents or nonresidents, with respect to their distributive share of the net income of the business derived from sources within the District. Sets forth provisions regarding allowable excess deductions with respect to such businesses. (Sec. 203) Sets forth requirements for tax withholding by employers of nonresidents and revises provisions regarding declarations of estimated tax. (Sec. 204) Allows a credit against income tax imposed under this title for residents subject to income tax of another State. Disallows such credit if the other State allows a credit for income tax paid to the District. (Sec. 206) Grants States and territories the right to sue in the District's Superior Court to recover any tax due when the reciprocal right is accorded to the District by the State or territory. Authorizes the Corporation Counsel to bring suit in the name of the District to collect taxes. (Sec. 207) Establishes the Metropolitan Washington Education and Workforce Training Trust Fund in the Treasury. Authorizes the Secretaries to obligate sums from the Fund to make grants under title I of this Act.
United States · United States Congress · 17 June 1997
TABLE OF CONTENTS: Title I: Clean Money Financing of Senate Election Campaigns Title II: Independent Expenditures; Coordinated Expenditures Title III: Voter Information Title IV: Soft Money of Political Party Committees Title V: Restructuring and Strengthening of the Federal Election Commission Title VI: Effective Date Clean Money, Clean Elections Act - Title I: Clean Money Financing of Senate Election Campaigns - Amends the Federal Election Campaign Act of 1971 (FECA) to set forth eligibility and qualifying contribution requirements, seed money provisions, and benefits of clean money financing of Senate election campaigns. Defines: (1) "qualifying contribution"; and (2) "seed money contribution." Sets forth requirements applicable to clean money candidates regarding: (1) contributions and expenditures; (2) use of personal funds; and (3) debates. Directs the Federal Election Commission (Commission) to: (1) determine whether the candidate meets the eligibility requirements; and (2) certify whether or not the candidate is a clean money candidate. Establishes in the Treasury a Senate Election Fund into which the Commission shall deposit unspent seed money contributions, qualifying contributions, penalty amounts, and amounts appropriated for clean money financing. Requires the Commission to assess a certain civil penalty against a clean money candidate when such candidate makes an expenditure from funds other than clean money funds. Authorizes appropriations of such sums as may be necessary to carry out this title. (Sec. 103) Sets forth reporting requirements regarding certain expenditures of private money candidates. Title II: Independent Expenditures; Coordinated Expenditures - Sets forth requirements for reporting of certain independent expenditures. (Sec. 202) Redefines "independent expenditure." (Sec. 203) Limits expenditures that may be made by political party committees in connection with the general election campaign of a Senate election in which one or more of the candidates is a clean money candidate. (Sec. 204) Requires a committee of a political party, before making coordinated expenditures (as defined in this Act) in excess of $5000 for a Federal election, to certify to the Commission that it has not and will not make any independent expenditures (as defined in this Act) in connection with such campaign. Prohibits a party committee that determines to make coordinated expenditures to, or receive any transfer of funds in the same election cycle from, any other party committee that determines to make independent expenditures in connection with the same campaign for Federal office. Title III: Voter Information - Amends the Communications Act of 1934 to entitle clean money candidates to receive specified free broadcast time. (Sec. 302) Allows clean money candidates to receive certain broadcast media rates for use of a television broadcasting station. Prohibits preemption except under circumstances beyond a station's control. (Sec. 303) Amends FECA to revise requirements regarding the publication and distribution of statements and solicitations, including applying the requirements to political committees (currently applies to any person). Sets forth political advertising provisions for print and broadcast or cablecast communications. Sets forth reporting requirements for issue advertisements. (Sec. 304) Amends Federal law to prohibit franked mass mailings by a Member in his or her election year, unless such Member will not be a candidate for any Federal office, with an exception. Title IV: Soft Money of Political Party Committees - Amends FECA with respect to "soft money" to: (1) prohibit a national committee of a political party (including a national congressional campaign committee of a political party but not including a State, district, or local committee of a political party) from soliciting or receiving contributions or making expenditures not subject to such Act; (2) require a State, district, or local committee of a political party to make Federal election year expenditures (with exceptions) from funds subject to such Act; (3) prohibit a national, State, district, or local committee from soliciting or donating funds to a tax-exempt organization; and (4) prohibit an incumbent or candidate for Federal office or agent of a candidate or incumbent from soliciting or receiving funds not subject to such Act, or to solicit or receive funds for a non-Federal election in excess of certain limits or from prohibited sources (with exceptions for State or local candidates in compliance with State law). (Sec. 402) Establishes aggregate and separate individual contribution limits to State Party Grassroots Funds and all committees established by a State committee of a political party. Increases annual individual contribution limits. Sets forth State Party Grassroots Fund and reporting provisions. Eliminates the exception for building funds relating to the definition of the term "contribution." Authorizes the filing of State reports by State committees. Requires the reporting of all disbursements made by authorized committees. Revises requirements for the reporting of the names and addresses of persons to whom certain expenditures are made to meet candidate or committee operating expenses, to require the reporting of the election to which the operating expenditure relates. Title V: Restructuring and Strengthening of the Federal Election Commission - Revises requirements for the composition and terms of Commissioners and replaces them with new requirements, including to require that Commissioners serve no more than one term of six years. Authorizes the Commission to: (1) conduct random post election audits to ensure voluntary FECA compliance; (2) seek injunctions; (3) expedite Commission procedures for certain complaints; and (4) prescribe regulations for computer and facsimile reporting. (Sec. 504) Revises the standard for an investigation by the Commission of a violation to require the Commission to investigate a violation when it has reason to open an investigation on whether (currently reason to believe that) a violation of the Act has been committed or is about to be committed. (Sec. 505) Revises requirements relating to the powers of the Commission to authorize it to: (1) appeal a petition for certiorari before the Supreme Court; and (2) issue a subpoena without the signature of the chairperson. (Sec. 509) Prohibits contributions made by, or solicited, accepted or received from, individuals not qualified to register to vote in Federal elections. Title VI: Effective Date - Sets forth the effective date.
United States · United States Congress · 17 June 1997
Amends the Legislative Reorganization Act of 1946 to bar annual pay increases for Members of Congress for a calendar year if the Director of the Office of Management and Budget determines that the U.S. Government budget was in deficit for the last fiscal year ending before the start of such calendar year.
United States · United States Congress · 17 June 1997
TABLE OF CONTENTS: Title I: Reauthorization of Government Programs Title II: Program Inventory Title III: Program Reexamination Title IV: Miscellaneous Sunset Act of 1997 - Title I: Reauthorization of Government Programs - Requires the reauthorization of each Government program, with exceptions, at least once during each sunset reauthorization cycle (the period of five Congresses beginning with the 106th Congress and with each sixth Congress following the 106th Congress) during the Congress in which the reauthorization date applicable to such program occurs. States that the first reauthorization date applicable to a Government program is the date specified in the table provided, and each subsequent reauthorization date applicable to a program is the date that a statute enacted by the Congress establishes. Sets forth procedures for congressional consideration of the authorization or provision of new budget authority. (Sec. 102) Exempts specified programs from such consideration. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office (CBO), in cooperation with the Director of the Congressional Research Service (CRS), to prepare an inventory of Federal programs (the program inventory) to advise and assist the Congress in carrying out the requirements of this Act. Requires the Comptroller General to submit the program inventory to the Senate and the House of Representatives. (Sec. 202) Requires the General Accounting Office (GAO), CRS, and CBO to permit the mutual exchange of available information in their possession which would aid in the compilation of the program inventory. (Sec. 203) Directs the Office of Management and Budget (OMB) and the executive agencies to provide GAO with assistance requested by the Comptroller General in the compilation of the program inventory. (Sec. 204) Sets forth provisions for revising the program inventory. (Sec. 205) Requires the CBO Director and the Comptroller General to include in their reports to the Congress an assessment of the adequacy of the functional and subfunctional categories contained in the table provided for grouping programs of like missions or objectives. Title III: Program Reexamination - Establishes a Joint Committee on Sunset Review (Joint Committee) to review in each odd-numbered year the programs having reauthorization dates occurring on September 30 of the following even-numbered year, to determine (using specified critieria) if such programs should be terminated or reauthorized. Requires the Joint Committee, upon completion of its review of a program, to submit to the appropriate legislative committees of the House of Representatives and the Senate, a recommendation for the extension or termination of the program. (Sec. 302) Requires each executive branch department or agency responsible for the administration of a program subject to reexamination, to submit to OMB and to the Joint Committee a report of its findings, recommendations, and justifications with respect to the matters set forth in the Joint Committee's recommendation, and OMB to submit to the Joint Committee such comments as it deems appropriate. Title IV: Miscellaneous - Amends Federal law to permit an officer or employee of an agency to submit to the Congress or a congressional committee an appropriation request at the request of either a House or Senate committee or of the Joint Committee on Sunset Review after the day on which the President transmits the budget to the Congress for the fiscal year. (Sec. 404) Directs the head of an agency, when requested, to assist in the review or reexamination of a program, to provide to each House and Senate committee which has legislative jurisdiction over such program, or to the Joint Committee, such studies, information, analyses, reports, and assistance as the committee may request. (Sec. 405) Directs the Senate Committee on Rules and Administration and the House Committee on Rules to review the operation of the procedures established by this Act, and to submit a report not later than December 31, 2002, and each five years thereafter, setting forth their findings and recommendations.