United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Amendments to Endangered Species Act of 1973 Title II: Tax Incentives Title III: Authorization of Appropriations Endangered Species Recovery Act of 1997 - Title I: Amendments to Endangered Species Act of 1973 - Amends the Endangered Species Act of 1973 (the Act) to include within the definition of "species" the last remaining distinct population segment in the United States of any plant or invertebrate species. States that "interim habitat" includes habitat necessary to support either current populations of a species or populations necessary to ensure survival, whichever is larger. (Sec. 102) Revises requirements regarding designation of critical habitat to require the Secretary of the Interior or Commerce, as appropriate, to designate: (1) interim habitat concurrently with making a determination that a species is endangered or threatened; (2) critical habitat concurrently with adoption of a final recovery plan for a species; and (3) interim and critical habitat in the case of a highly migratory marine species. Requires the Secretary to designate interim habitat based only on biological factors, giving special consideration to habitat currently occupied by the species. (Sec. 103) Establishes a schedule for publishing species listing determinations. (Sec. 105) Provides for draft and final recovery plans for the conservation of endangered and threatened species. Expands plan provisions to require: (1) provisions for conservation in the recovery plan area of all endangered or threatened species, candidate species, and species proposed for such listing; (2) descriptions of actions likely to violate taking or jeopardy prohibitions; (3) a list of Federal agencies, States, tribes, and local government entities significantly affected by plan goals or management actions that should complete a recovery implementation plan; and (4) the selection of independent scientists to determine criteria for making determinations to remove a species from the list. Directs Federal agencies significantly affected by plan goals or management actions to develop and implement recovery implementation plans required to: (1) identify affirmative conservation duties and management responsibilities to contribute to achievement of plan goals; (2) set forth specific actions, timetables, and funding to achieve and monitor progress of goals or responsibilities; and (3) identify lands or waters under agency jurisdiction that may provide suitable habitat for the species and actions needed to acquire additional habitat or contribute to species recovery on agency lands or waters. (Sec. 106) Includes Indian tribes in the definition of "State" for purposes of provisions regarding cooperative agreements and funding for the conservation of endangered and threatened species. (Sec. 107) Requires Federal agencies to monitor the status and trends of endangered, threatened, and candidate species that occur on lands or waters under their administration. Directs Federal agencies, in cases where certain authorized takings of endangered or threatened species of a marine mammal are involved, to: (1) report to the Secretary every two years on the amount of incidental take that has occurred as a direct, indirect, or cumulative impact; and (2) reinitiate consultation with the Secretary if the amount authorized has been exceeded. Applies provisions regarding interagency cooperation and consultation to species in a foreign country or on the high seas. Requires the Secretary to promulgate regulations to ensure timely conclusion of Federal consultations regarding listing of species. (Sec. 108) Directs the Secretary to limit the duration of certain permits issued for acts or takings otherwise prohibited as necessary to ensure that changes in circumstances that could occur in the period and that would jeopardize the continued existence of species are reasonably foreseeable. Expands elements of conservation plans required to be submitted by applicants for permits authorizing takings. Adds to the list of conditions required to be met for permit issuance that the activities authorized by the permit and conservation plan are consistent with species recovery and will result in no net loss of the value to the species of the habitat occupied. Requires annual reports by the permittee on the biological status of the species in the affected area, on permitted action and habitat conservation plan impacts on the species, and on whether the plan's biological goals are being met. Revokes permits for noncompliance with permit conditions or this Act or for exceeding the authorized level of take. Requires the Secretary, using financial security provided by the permittee and the Habitat Conservation Fund, to undertake to conserve species where a permittee defaults on permit or plan obligations. Directs the Secretary to implement a streamlined application and approval procedure for incidental take permits and plans determined to be low effect, small scale plans. Lists criteria to be met for consideration as a low effect, small scale plan. Provides for monitoring of such plans and requires the Secretary to pay costs of implementing additional requirements or restrictions to ensure that actions authorized by such plans do not jeopardize the continued existence of any species determined to be endangered or threatened after such a plan was approved. Sets forth requirements for the deposit of performance bonds and other financial security by incidental take permit (other than low effect, small scale) applicants. Establishes the Habitat Conservation Plan Fund for: (1) paying the costs of additional conservation measures and restrictions for species recovery not covered by, or occurring as a result of failure of, plans; (2) permitting costs; and (3) restoring natural resources with respect to which damages are deposited. Requires the Secretary to encourage the development of multiple landowner, multispecies conservation plans, including by streamlining permitting processes across State and local jurisdictions. Sets forth requirements for incidental take certificates issued by such jurisdictions. Provides for public participation in the development of such plans and directs the Secretary to promulgate regulations establishing a development process which ensures an equitable balance of participation among citizens with primary interests in economic development activities that may affect species conservation, and species conservation, respectively. Requires the Secretary, upon request, to invite independent scientists with expertise on species that may be affected by the plan to provide input. Directs the Secretary to establish a Community Assistance Program to provide timely and accurate information to local governments or property owners. Requires the Secretary, under such Program, to assign to each U.S. Fish and Wildlife Service field office employees whose duties include providing information on impacts of actions under, and assistance on compliance with, the Act and serving as a focal point for questions, requests, complaints, and suggestions from property owners and local governments. (Sec. 109) Expands the list of violations for which citizen suits may be brought to include violations of any permit, the Secretary's opinion statement regarding the impact of Federal agency actions on species and proposed conservation actions, or any agreement concluded under the Act. Makes certain time frames for bringing actions inapplicable to actions brought for emergencies posing a significant risk to any endangered or threatened species of fish, wildlife, or plant (or those proposed for listing). (Sec. 110) Makes persons who negligently damage any member or habitat of an endangered or threatened species liable to the United States and a State for the costs incurred in restoring or replacing the member or habitat. Title II: Tax Incentives - Authorizes the Secretary to enter into endangered species conservation agreements with owners or lessees of real property on which conservation measures for endangered, threatened, or candidate species or species proposed for listing are to be carried out. Requires the Secretary to establish a technical assistance program in cooperation with the States to assist landowners with such agreements. (Sec. 202) Amends the Internal Revenue Code to require that the value of a taxable estate be determined by deducting from the value of the gross estate an amount equal to the value of real property included in the gross estate which is subject to an endangered species conservation agreement. Provides for recapture in certain cases. (Sec. 203) Allows an additional tax deduction for State and local real property taxes imposed on real property subject to such agreements. (Sec. 204) Allows a tax credit for costs incurred in connection with such agreements. Title III: Authorization of Appropriations - Extends the authorization of appropriations to carry out the Act through FY 2002.
United States · United States Congress · 31 July 1997
Amends the Tariff Act of 1930 to require imported frozen produce to be marked with the country of origin on the front panel of the package for retail sale.
United States · United States Congress · 31 July 1997
Interstate Compact - Apalachicola-Chattahoohee-Flint River Basin Compact - Grants the consent of Congress to the Apalachicola-Chattahoochee-Flint River Basin Compact among Alabama, Florida, and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases. Conditions the consent of the Congress to, and participation of the United States in, the Compact on specified conditions and reservations regarding participation of Federal agencies during the development of the allocation formula used to determine an equitable apportionment of surface water among the three States. Authorizes appropriations.
United States · United States Congress · 31 July 1997
Declares that the House of Representatives recognizes suicide as a national problem and declares suicide prevention a national priority, acknowledges that no single prevention program will be appropriate for all populations or communities, and encourages certain initiatives, including the development (and the promotion of accessibility and affordability) of mental health services to enable all persons at risk for suicide to obtain services without fear of stigma.
United States · United States Congress · 30 July 1997
Immigration Technical Revisions Act of 1997 - Amends the Immigration and Nationality Act (and the Illegal Immigration and Immigrant Responsibility Act of 1996) to authorize the Attorney General to cancel the removal and adjust the status of certain Central American aliens.
United States · United States Congress · 29 July 1997
Calls for: (1) the U.S. Postal Service to issue a postage stamp in honor of Zora Neale Hurston; and (2) such stamp to be unveiled at the 1999 Zora Neale Hurston Festival in Eatonville, Florida.
United States · United States Congress · 25 July 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan.
United States · United States Congress · 24 July 1997
Disaster Assistance Fairness Act of 1997 - Amends the Robert T. Stafford Disaster Assistance Relief and Emergency Assistance Act to authorize repair or restoration of residences made uninhabitable by a major disaster in lieu of providing other types of (temporary) housing under the temporary housing assistance program. Sets forth flood insurance and income requirements for residences that are not capable of rapid restoration.
United States · United States Congress · 24 July 1997
Amends the Internal Revenue Code to allow a (temporary) business-related credit for qualified equity investments in community development financial institutions. Sets forth credit limitation, recapture, deduction for unused credit, and carryback provisions.
United States · United States Congress · 24 July 1997
Calls upon: (1) Chairman Yasir Arafat and other officials in the Palestinian authority to use their good offices with Syria, Lebanon, and the other governments in the region to secure the safe return of one American-Israeli soldier and three Israeli soldiers captured in Lebanon, consistent with Chairman Arafat's obligation as specified in the May 4, 1994, Gaza-Jericho agreement between the Palestinian Liberation Organization (PLO) and the Israeli Government to cooperate with Israel in locating and working for the return of Israeli soldiers missing in action; and (2) the President, the Secretary of State, and other U.S. Government officials to pursue the resolution of these cases through all appropriate officials and channels. Urges: (1) the Government of Syria to use its good offices with the various paramilitary groups in Syria and in areas in which it has influence to bring about a resolution of this issue and secure the safe return of such soldiers; and (2) the President and the Secretary of State, as they formulate U.S. policy toward each government or authority in the Middle East, to take into consideration the level of assistance provided by that government or authority in resolving these cases.
United States · United States Congress · 23 July 1997
Disabled Veteran's Access Act of 1997 - Provides military commissary and exchange privileges to veterans with service-connected disabilities, as well as their dependents, on the same basis as provided for members of the armed forces entitled to retired pay.
United States · United States Congress · 17 July 1997
National Marrow Donor Program Reauthorization Act of 1997 - Amends the Public Health Service Act to replace provisions relating to the National Bone Marrow Donor Registry with provisions mandating establishment, by contract, of a program to assist patients needing a blood stem cell transplant in searching for biologically unrelated donor individuals. Sets forth program functions, including: (1) maintaining one or more donor and one or more recipient registries; (2) educational activities (including donor recruitment and professional and public information); and (3) establishing the Office of Patient Advocacy and Case Management. Mandates: (1) standards regarding quality, tissue typing, donor informed consent, and patient advocacy; (2) donor selection criteria; (3) stem cell collection and transportation procedures; (4) confidentiality standards; and (5) procedures for integrating participating donor registries and centers. Mandates criminal penalties for confidentiality violations. Authorizes appropriations. Mandates a plan to effectuate efficiencies in the relationship between the program and donor centers.
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Program Accountability Title II: Program Equity Title III: Funding of Farm Ownership and Operating Loans USDA Accountability and Equity Act of 1997 - Title I: Program Accountability - Amends the Soil Conservation and Domestic Allotment Act to increase the size of the county committees by two members who shall be: (1) appointed by the Secretary of Agriculture (Secretary); and (2) demographically representative of local producers. States that: (1) civil service laws shall apply to all persons performing functions for any county, area, or local committee; and (2) the county executive director of such committee, or other person selected by the Secretary, shall have sole responsibility for making local agricultural loan determinations, subject to State-level approval. (Sec. 102) Provides for the conversion of permanent and temporary (at the Secretary's discretion) county and area office employees to Federal civil service status. Makes conforming amendments the Department of Agriculture Reorganization Act of 1994 and other Federal law. Title II: Program Equity - Amends the Consolidated Farm and Rural Development Act to permit agricultural operating loans to be made to delinquent borrowers under specified circumstances. (Sec. 202) Appropriates funds for lease-back or buy-back opportunities for beginning farmers or ranchers. (Sec. 203) Treats debt write-downs as non-income for tax purposes. (Sec. 204) Amends the Housing Act of 1949 to prohibit housing loan denial to an applicant who has been able to live in a financially independent manner for a reasonable time. (Sec. 205) Amends the Food Security Act of 1985 with respect to the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) establish a set-aside for socially disadvantaged agricultural producers. (Sec. 206) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Current law provides for non-permanent authorization of appropriations for such grants.) Directs the Secretary to establish an advisory committee to study whether such institutions' funding is equitable. (Sec. 208) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations (currently permanently authorized) for: (1) Indian reservation extension education programs; and (2) outreach and technical assistance programs for socially disadvantaged farmers and ranchers. Title III: Funding of Farm Ownership and Operating Loans - Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans. (Current law provides for a non-permanent authorization of appropriations for such loans.)
United States · United States Congress · 17 July 1997
Genetic Privacy and Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market. Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Regulates employer disclosure of and access to genetic information. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Mandates a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information.
United States · United States Congress · 16 July 1997
Equity in Prescription Insurance and Contraceptive Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.
United States · United States Congress · 15 July 1997
Amends rule XI (rules of procedures for committees) of the Rules of the House of Representatives to provide that a committee or subcommittee may adopt a written rule permitting proxy voting if the proxy authorization: (1) is in writing; (2) asserts that the Member is absent on official business in the District of Columbia; (3) designates the individual who is to execute the proxy authorization; and (4) limits such vote to a specific measure or matter and any amendments or motions pertaining thereto for one day. Permits a Member to authorize a general proxy only for motions to recess or adjourn. Requires that a proxy: (1) be signed by the Member assigning his or her vote; (2) contain the date and time of such signature; (3) be accompanied by a written statement as to the specific official duties the Member will be engaged in that preclude being present to vote. Prohibits proxies from being counted for a quorum.
United States · United States Congress · 11 July 1997
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make aliens eligible for food stamps if they were receiving supplemental security income benefits as of a specified date or if they are eligible for such benefits.
United States · United States Congress · 9 July 1997
Women's Cardiovascular Diseases Research and Prevention Act - Amends the Public Health Service Act to mandate expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute with regard to cardiovascular diseases in women. Authorizes appropriations.
United States · United States Congress · 9 July 1997
Commends the National Aeronautics and Space Administration for successfully carrying out the Mars Pathfinder Mission and for its commitment to developing low-cost spacecraft with highly focused science objectives. Urges the United States to continue to act as the leader in space exploration into the 21st century.
United States · United States Congress · 25 June 1997
Amends the Immigration and Nationality Act, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to make the cancellation of removal (deportation or exclusion) provisions inapplicable to certain permanent resident aliens who have been convicted of an aggravated felony or felonies and sentenced to at least five years' aggregate imprisonment. (Current law makes such cancellation inapplicable to certain permanent resident aliens convicted of an aggravated felony).
United States · United States Congress · 25 June 1997
Urges the United States to take all necessary steps to protect the Earth's climate and to take a leadership role in negotiating an international climate change agreement that: (1) contains legally binding targets and timetables beginning in 2005 for reducing greenhouse gas emissions substantially below 1990 level; (2) provides for participation by developing nations; and (3) is fair, enforceable, and provides options for nations to achieve necessary greenhouse gas reductions in a cost-effectiveness manner.
United States · United States Congress · 24 June 1997
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex. Amends FLSA to provide for enhanced enforcement of equal pay requirements (also known as the Equal Pay Act of 1963), adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks. Requires EEOC and the Office of Federal Contract Compliance Programs (OFCCP) to train EEOC employees and affected individuals and entities on matters involving discrimination in the payment of wages. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. Authorizes appropriations to the EEOC, the OFCCP, and the Secretary to carry out this Act.
United States · United States Congress · 24 June 1997
Crack-Cocaine Equitable Sentencing Act of 1997 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate specified mandatory minimum penalties relating to the trafficking in, and possession, importation, or distribution of, crack cocaine.
United States · United States Congress · 23 June 1997
Amyotrophic Lateral Sclerosis (ALS) Research, Treatment, and Assistance Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for a waiver of the 24-month waiting period for Medicare coverage for individuals disabled by amyotrophic lateral sclerosis, also known as ALS or Lou Gehrig's Disease. Amends SSA title XVIII (Medicare) to provide for Medicare coverage of any drug approved by the Food and Drug Administration for use in the treatment or alleviation of ALS-related symptoms. Authorizes appropriations, in addition to any already available, for ALS research through the National Institutes of Health.
United States · United States Congress · 23 June 1997
Celebrates the accomplishments of: (1) title IX of the Education Act Amendments of 1972 in increasing opportunities for women and girls in all facets of education; and (2) the magnificent accomplishments of women and girls in sports.
United States · United States Congress · 19 June 1997
Point Reyes National Seashore Farmland Protection Act of 1997 - Amends Federal law to include the Farmland Protection Area in the Point Reyes National Seashore, California, with the primary objective being to protect private agricultural land from nonagricultural development by conservation easements. Authorizes the Secretary of Agriculture to make farmland acquisitions within the Area. Authorizes appropriations.
United States · United States Congress · 19 June 1997
Florida Coast Protection Act of 1997 - Amends the Outer Continental Shelf Lands Act to define preleasing activity to include: (1) the scheduling of a lease; (2) making of a request for industry interest; (3) the issuance of a call for information or a nomination; (4) the publication of a draft or final environmental impact statement; and (5) the performance of any form of rotary drilling in a prospective lease area. Prohibits the Secretary of the Interior from conducting any preleasing activity, or holding any lease sale in the South Atlantic Planning Area off the coast of Florida, the Straits of Florida Planning Area, or the Eastern Gulf of Mexico Planning Area within 100 miles of the Florida coast. Requires the Secretary to cancel the six leases known as the "Pensacola Block 933 Unit." Prohibits the Secretary from approving any exploration or development plan or permit to drill with respect to such lease areas, prior to the Secretary's cancellation of those leases. Provides for compensation to lessees owning canceled leases.
United States · United States Congress · 12 June 1997
Disadvantaged Minority Health Improvement Amendments Act of 1997 - Amends the Public Health Service Act to replace certain provisions relating to the Office of Minority Health with provisions establishing the Advisory Committee on Minority Health. Regulates the Office's activities, including regarding: (1) bilingual assistance to providers (mandating special consideration to those serving Asians and Pacific Islanders); (2) equitable allocation of grants, cooperative agreements, and contracts among racial and minority populations; (3) provision of information and services in the most appropriate language, educational, and cultural context; (4) the making of grants, cooperative agreements, contracts; and (5) evaluations. Authorizes appropriations. (Sec. 3) Requires: (1) that the Office of Research on Minority Health of the National Institutes of Health (NIH) coordinate minority health research conducted or supported by NIH; (2) a comprehensive research plan; (3) equitable addressing of all racial and ethnic minority groups; (4) establishment of the Advisory Committee on Research on Minority Health; (5) determination of the extent of minority representation among senior physicians and scientists of (or conducting research with funding from) the national research institutes; (6) that all grants, cooperative agreements, and contracts be competitively awarded; and (7) expansion of the Minority Health Initiative. Authorizes appropriations. (Sec. 4) Authorizes appropriations for: (1) the National Center for Health Statistics; (2) grants to States for demonstration programs to increase the availability of primary care in health professional shortage areas; (3) Federal capital contributions to health professions student loan funds; (4) scholarships for health professions students of exceptional financial need; (5) grants to health professions schools for scholarships for individuals from disadvantaged backgrounds; (6) educational loan repayments in return for serving as faculty at health professions schools; (7) grants and contracts to increase the number of underrepresented minority faculty at health professions schools; (8) grants to health professions schools for programs of excellence for minority individuals; (9) grants and contracts for health professions schools for recruiting, counseling, preparing, and providing scholarships to individuals from disadvantaged backgrounds; (10) grants and contracts for research on the extent to which medical student educational debt has had a detrimental effect on students' decisions on entering primary care specialties. (Sec. 5) Mandates a conference on matters relating to the health of individuals from disadvantaged backgrounds, including racial and ethnic minorities.
United States · United States Congress · 12 June 1997
Amends the Public Health Service Act to mandate establishment, in the National Institutes of Health, of a Pediatric Research Initiative. Authorizes appropriations.
United States · United States Congress · 12 June 1997
Declares that it is the sense of the Congress that the current alternative minimum tax on profitable individuals and corporations should remain wholly intact.
United States · United States Congress · 10 June 1997
Employment Non-Discrimination Act of 1997 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority or office to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits related retaliation and coercion. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits: (1) quotas and preferential treatment; and (2) the Equal Employment Opportunity Commission from entering into a consent decree that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees and applicants.
United States · United States Congress · 10 June 1997
Civil Asset Forfeiture Reform Act - Amends the Federal criminal code to require that in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the agency conducting a seizure of property must give written notice to interested parties, such notice shall be given within 60 days after the later of the date of the seizure or the date the identity of the interested party is first known or discovered by the agency, with exceptions. Allows a person entitled to written notice in such proceeding to whom written notice is not given to void, on motion, the forfeiture with respect to that person's interest in the property unless the agency shows good cause for the failure to give notice or that the person otherwise had actual notice of the seizure. Provides that if the Government does not provide notice of a seizure of property in accordance with this Act, it shall return the property and may not take any further action to effect the forfeiture of such property. Sets forth provisions regarding: (1) filing deadlines; (2) persons filing claims who are financially unable to obtain representation by counsel; and (3) the burden of proof. Prohibits an innocent owner's interest in property from being forfeited under any civil forfeiture statute. (Sec. 4) Amends the Tariff Act of 1930 to provide that Federal criminal code provisions applicable to civil forfeiture procedures shall apply to civil forfeitures proceedings relating to the condemnation or forfeiture of property for violation of the customs laws. (Sec. 5) Makes the Federal Tort Claims Act applicable to claims 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, for not more than $50,000 in any case, certain claims 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 and acting within the scope of his or her employment, subject to specified limitations. (Sec. 6) 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. 7) Makes the amendments made by this Act applicable to claims, suits, and actions filed on or after the date of the enactment of this Act, with exceptions.
United States · United States Congress · 5 June 1997
Amends the Small Business Act to increase from 20 to 25 percent of the total value of all Federal prime contracts awarded in a fiscal year the goal for contracts awarded to small businesses, small businesses owned and controlled by socially and economically disadvantaged individuals, and small businesses owned and controlled by women.
United States · United States Congress · 4 June 1997
DES Education and Research Amendments of 1997 - Amends the Public Health Service Act to reauthorize and permanently extend the following programs regarding the drug diethylstilbestrol (commonly known as DES): (1) the research program; and (2) the new national program of education. Directs the Secretary of Health and Human Services, acting through the heads of the appropriate agencies of the Public Health Service, to carry out a national program for the education of health professionals and the public with respect to DES, from amounts appropriated for carrying out the research and training program. Requires such program, to the extent appropriate, to use methodologies developed through the education demonstration program carried out under the Act. Directs the Secretary, in developing and carrying out the national program, to consult closely with representatives of nonprofit private entities that represent individuals who have been exposed to DES and that have expertise in community-based information campaigns for the public and for health care providers. Requires the implementation of the national program to begin during FY 1998.
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to ensure that any program to make prescription pharmaceuticals available by mail to covered beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) does not exclude covered beneficiaries who are also entitled to hospital insurance benefits under part A of of title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 3 June 1997
TABLE OF CONTENTS: Title I: Protecting Program Integrity Title II: Sanctions for Fraud and Abuse Title III: Technical Clarifications and Corrections Title IV: Coordination of Benefits Medicare Antifraud Act of 1997 - Title I: Protecting Program Integrity - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) prohibit the Secretary of Health and Human Services from issuing or renewing the provider number of a durable medical equipment (DME) supplier unless the supplier provides information on ownership or control interests and a surety bond of at least $50,000; (2) require home health agencies to provide such a surety bond; and (3) authorize application of such disclosure and surety bond requirements to suppliers of ambulance services and clinics that furnish medical and other health services (other than physicians' services) under Medicare part B (Supplementary Medical Insurance). (Sec. 102) Amends SSA title XI to condition provider payment under the Medicare, Medicaid (SSA title XIX), and Maternal and Child Health Services (SSA title V) programs on the disclosure to the Secretary of certain applicable employer identification and social security numbers, including those of individuals with an ownership or control interest in the provider. Requires verification of such information, and correction if necessary, by the Social Security Administration. (Sec. 103) Requires non-physician practitioners to provide diagnostic codes for furnished items or services. Requires both physicians and non-physician practitioners to provide diagnostic information to another entity when ordering from it certain items or services if the Secretary requires such entity to provide such information in order to be paid. (Sec. 104) Replaces the reasonable charge methodology for the payment of Medicare benefits with a methodology that uses fee schedules developed by the Secretary. (Sec. 105) Requires the Secretary to describe by regulation the factors to be used in determining the cases or particular items in which application of special DME payment rules results in inherently unreasonable amounts. Applies such regulations to payment for surgical dressings. (Sec. 106) Amends SSA title XI to authorize the Secretary to exclude from the Medicare program an entity controlled by a family or household member of a sanctioned individual. (Sec. 107) Amends SSA title XVIII to make Medicare carriers, States, and fiscal intermediaries liable to the Secretary for any payment of claims submitted by excluded providers after the Secretary notifies the organization or agency of such exclusion. (Sec. 108) Amends SSA titles XVIII and XIX (Medicaid) to authorize the Secretary or a State to refuse to enter into Medicare or Medicaid agreements with individuals or entities convicted of felonies. (Sec. 109) Amends part A (General Provisions) of SSA title XI to provide that Medicare- and Medicaid-related actions are not stayed by bankruptcy proceedings, and Medicare- and Medicaid-related debt is not dischargeable in bankruptcy. Amends SSA title XVIII to provide for the use of Medicare standards and procedures in bankruptcy proceedings. (Sec. 110) Amends the Health Care Quality Improvement Act of 1986 to: (1) authorize the availability of National Practitioner Data Bank information to the Inspectors General of the Departments of Health and Human Services (HHS), of Defense, and of Labor, of the Office of Personnel Management, and of the Railroad Retirement Board; and (2) exempt the HHS Inspector General from fees for such information. (Sec. 111) Amends SSA title XIX to extend the authority of State Medicaid Fraud Control Units to investigate and prosecute: (1) fraud in other Federal health care programs, upon the approval of the relevant Federal agency; and (2) patient abuse in non-Medicaid board and care facilities. (Sec. 112) Directs the Secretary and the Attorney General to take certain steps jointly to ensure that the Federal Hospital Insurance Trust Fund is fully reimbursed for any expenditures (unrelated to Medicare administration) made from its account, in excess of enforcement collections, to combat health care waste, fraud, and abuse. (Sec. 113) Amends SSA title XVIII to change from biennial to annual the General Accounting Office report on the Federal Hospital Insurance Trust Fund's Health Care Fraud and Abuse Control Account. (Sec. 114) Makes it out of order in the Senate to consider any legislation that diverts savings achieved through Medicare waste, fraud, and abuse enforcement activities for purposes other than improving the solvency of the Federal Hospital Insurance Trust Fund. Title II: Sanctions for Fraud and Abuse - Amends SSA title XI to permit the Secretary to impose civil monetary penalties for kickback violations, and for persons that contract with individuals excluded from participation in a Federal health care program, as well as for services ordered or prescribed by an excluded individual or entity. Title III: Technical Clarifications and Corrections - Makes technical amendments to SSA title XI. Title IV: Coordination of Benefits - Amends SSA title XVIII to repeal the termination dates of, thus extending permanently, certain Medicare secondary payer provisions with respect to the working disabled, individuals with end-stage renal disease, and the IRS-SSA-HCFA data match. (Sec. 402) Makes technical changes concerning minimum sizes of group health plans. (Sec. 403) Requires group health plans to provide the Secretary, and employers and employee organizations to provide plan administrators, certain information pertaining to employers, employees, and employee family members with current or former employment status. (Sec. 404) Makes certain technical revisions to time and filing limitations, the liability of third party administrators, and requirements for reimbursement for Medicare secondary payer payments.
United States · United States Congress · 16 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 15 May 1997
Computer Learning Center Act of 1997 - Establishes a fund in the Department of Commerce to provide grants to assist nonprofit organizations in renovating vacant storefronts for computer learning centers in low income areas. Requires such an organization, in order to receive a grant, to certify that it has a secure commitment from a private business partner to donate 50 up-to-date computers for a proposed learning center. Requires such computer learning centers to educate residents of low-income areas in using computer equipment, including word processing and information gathering programs. Authorizes appropriations.
United States · United States Congress · 15 May 1997
TABLE OF CONTENTS: Title I: Drug Courts Title II: Youth Courts Title I: Drug Courts - Authorizes the Attorney General to make grants to States, State and local courts, units of local government, and Indian tribal governments for programs that involve: (1) continuing judicial supervision over offenders with substance abuse problems who are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant. Sets forth requirements regarding grant applications, the Federal grant share of program costs, geographic distribution of grant awards, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations. Title II: Youth Courts - Directs the Attorney General to carry out a program in accordance with title I specifically for individuals who are under age 21. Permits a youth to participate in the program under this title only if a parent or other legal guardian participates. Authorizes appropriations.
United States · United States Congress · 15 May 1997
TABLE OF CONTENTS: Title I: Children's Environmental Protection Subtitle A: Disclosure of Industrial Releases That Present a Significant Risk to Children Subtitle B: Disclosure of High Health Risk Chemicals in Children's Consumer Products Title II: Public Right to Know About Toxic Chemical Use Children's Environmental Protection and Right to Know Act of 1997 - Title I: Children's Environmental Protection - Subtitle A: Disclosure of Industrial Releases That Present a Significant Risk to Children -Amends the Emergency Planning and Community Right-To-Know Act of 1986 to require the Administrator of the Environmental Protection Agency (EPA) to establish thresholds for toxic chemicals which may present significant risks to children's health or the environment. Includes lead, mercury, dioxin, cadmium, chromium and other specified bioaccumulative chemicals as substances subject to such thresholds. Makes dioxin and specified bioaccumulative chemicals subject to toxic chemical release form reporting requirements under such Act. Authorizes citizen suits against the Administrator for failures to establish thresholds under this Act. Subtitle B: Disclosure of High Health Risk Chemicals in Children's Consumer Products - Amends the Federal Hazardous Substances Act to require the Secretary of Health and Human Services, acting through the National Toxicology Program, to publish a list of substances which are toxic due to carcinogenic, neurotoxic, or reproductive toxic effects. Directs the Secretary to identify those substances to which infants and young children are exposed. Requires manufacturers or importers of eligible products (defined as toys or other articles intended for use by children) which contain such substances to report specified information to the Consumer Product Safety Commission, including information supporting that a substance is not a misbranded or banned hazardous substance. Authorizes exemptions from such reporting requirements if a substance would not cause substantial personal injury or illness as a result of foreseeable handling, including ingestion by children. Permits citizen suits with respect to certain violations under the Federal Hazardous Substances Act and against the Commission for failure to perform duties under this Act. Title II: Public Right to Know About Toxic Chemical Use - Expands information to be included in toxic chemical release forms, including the number of employees and occupational exposures at reporting facilities as well as materials accounting information. Requires the Administrator to take certain actions to: (1) standardize data and obtain and integrate information regarding toxic chemicals; (2) consolidate all annual reporting requirements of Federal environmental laws for small businesses and entities subject to toxic chemical release reporting; and (3) provide the public with one point of contact for access to information gathered by EPA. Requires disclosures on the uses of toxic chemicals by reporting facilities. Permits the withholding of portions of materials accounting information reported by covered facilities for purposes of protecting trade secrets.
United States · United States Congress · 15 May 1997
Medicare Cancer Clinical Trial Coverage Act of 1997 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to the Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
United States · United States Congress · 15 May 1997
Grandparent and Family Caregiver Support Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to generally exempt adult nonparental relative caregiver heads of families on TANF assistance from various specified (welfare reform) provisions added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that involve work and various time limits, including the five-year limit on TANF assistance. Sanctions States that ignore such exemption in imposing work requirements and time limits on such adults with reduced State TANF grants. Provides for grants to States for assistance provided for adult nonparental relative caregivers.
United States · United States Congress · 15 May 1997
Amends the Foreign Assistance Act of 1961 to direct the President, acting through the Administrator of the U.S. Agency for International Development, to establish a demonstration program providing assistance to nongovernmental organizations and grass roots organizations in developing countries with illicit crop production for the purpose of developing alternative crop production specific to the unique soil, environmental, and economic development needs of such countries. Authorizes appropriations.
United States · United States Congress · 15 May 1997
National Underground Railroad Network to Freedom Act of 1997 - Requires the Secretary of the Interior to establish in the National Park Service (NPS) a program to be known as the National Underground Railroad Network to Freedom under which the Secretary shall: (1) produce and disseminate educational materials about the Railroad; (2) provide technical assistance to other government agencies, private entities, or the Governments of Canada, Mexico, or any appropriate Caribbean country to ensure coordination of Federal and non-Federal elements of the Network; and (3) regulate use of an official symbol for the Network. Includes within the Network: (1) NPS units or programs pertaining to the Railroad; (2) Federal, State, local, or privately-owned properties pertaining to the Railroad that have a verifiable connection to it and that are included or eligible for inclusion on the National Register of Historic Places; and (3) governmental or nongovernmental facilities or programs of educational, research, or interpretive natures that are directly related to such Railroad. Prohibits amounts from being appropriated for the purposes of this Act except to the Secretary for carrying out his or her responsibilities.
United States · United States Congress · 15 May 1997
TABLE OF CONTENTS: Title I: Block Grants and Grant Requirements Title II: Allocation of Grant Amounts Title III: Federal Guarantees for Financing Education Development Block Grant Act of 1997 - Title I: Block Grants and Grant Requirements - Directs the Secretary of Education to make grants to local bond authorities to repair their school infrastructures. Authorizes appropriations. Title II: Allocation of Grant Amounts - Directs the Secretary to allocate any amounts made available for assistance under this Act in accordance with the Elementary and Secondary Education Act of 1965. Title III: Federal Guarantees for Financing - Authorizes the Secretary to guarantee and make commitments to guarantee the notes or other obligations issued by local bond authorities (local education agencies or local governments with authority to issue area bonds) to finance school infrastructure repairs, if there is a lack of financing from other sources. Prohibits such guarantees or commitments if the total outstanding notes or obligations of the issuer guaranteed under this title (excluding any amount deceased under the repayment contract) would exceed five times the amount of the grant approval for the issuer (thus allowing a local bond authority to borrow up to five times the grant amount to make school infrastructure repairs). (Sec. 302) Sets forth security and repayment requirements. (Sec. 303) Authorizes the Secretary to: (1) make grants to or on behalf of a local bond authority to cover up to 30 percent of the net interest cost of such obligations; and (2) assist the issuer of a guaranteed note or other obligation, in circumstances of extreme hardship, in the payment of principal and interest due. (Sec. 304) Directs the Secretary to carry out training and information activities with respect to this guarantee program. (Sec. 305) Authorizes the Secretary, to the extent approved or provided in appropriations Acts, to enter into commitments to guarantee notes and obligations under this title. Authorizes appropriations. Directs the Secretary to monitor the use of such guarantees by local bond authorities and, if necessary, limit the amount.