United States · United States Congress · 3 March 1998
Recognizes and celebrates 1998 as the 150th anniversary of the Women's Rights Movement and March 1998 as National Women's History Month under the theme "Living the Legacy of Women's Rights."
United States · United States Congress · 25 February 1998
Wetlands and Wildlife Enhancement Act of 1998 - Amends the North American Wetlands Conservation Act and the Partnerships for Wildlife Act to extend the authorization of appropriations to carry out such Acts through FY 2003.
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance Fund Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund)(Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to pay annually to the Fund amounts based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates annual assessments on each manufacturer based on the number of specified products removed during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to reimburse each eligible State for: (1) State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions; (2) other State expenses incurred in providing treatment for tobacco-related conditions; and (3) providing funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; (2) submit a plan regarding payments to local governments; and (3) have procedures to provide an equitable portion of the funds to local government entities for the local entities' tobacco-related health costs. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Allows an alien who lawfully entered the United States after August 22, 1996, to be eligible for child health assistance under title XXI and Medicaid, notwithstanding the five-year means-tested public benefit waiting period or any other provision of law. Declares that a State does not have the authority to determine the Medicaid eligibility of a qualified alien. Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Mandates a performance bonus payment to each State relating to increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 using tobacco products. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. Requires each manufacturer to reduce the percentage of children who use the manufacturer's brand accordingly. (Sec. 304) Mandates industry-wide and individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance Trust Fund - Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for transition assistance to tobacco producers and tobacco-growing communities to adjust to reduced demand for tobacco, including economic development assistance, producer and factory worker retraining, or producer scholarships. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from using, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil action seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such action. Prohibits construing these provisions to limit an individual's right to start a civil action for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting any fee payments required under any provision of this Act. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations.
United States · United States Congress · 12 February 1998
Authorizes the Navajo Indian irrigation project to use its allocation of 87 megawatts of power from the Colorado River storage project for water delivery, on-farm production, and related agricultural purposes.
United States · United States Congress · 12 February 1998
Leveraging Educational Assistance Partnership Act - Amends the Higher Education Act of 1965 to extend through FY 2003 the authorization of appropriations for Grants to States for State Student Incentives (SSI grants). Establishes a Special Leveraging Educational Assistance Partnership Assistance Program of grants to States for the following activities on behalf of eligible students who demonstrate financial need: (1) increased dollar amounts for SSI grant awards; (2) transition programs from secondary school to postsecondary education; (3) community service programs; (4) a scholarship program for such students who wish to enter teaching; (5) early intervention programs, mentoring programs, and career education programs; and (6) merit or academic scholarships. Sets the Federal share at one-third of the cost of authorized activities.
United States · United States Congress · 11 February 1998
Declares that the Congress: (1) honors the proud history of Wisconsin statehood; and (2) encourages all Wisconsinites to reflect on the State's distinguished past and look forward to the State's promising future.
United States · United States Congress · 4 February 1998
TABLE OF CONTENTS: Title I: Improving the Affordability of Child Care Title II: Enhancing the Quality of Child Care and Early Childhood Development Title III: Expanding the Availability and Quality of School- Age Child Care Title IV: Supporting Family Choices in Child Care Title V: Encouraging Private Sector Involvement Title VI: Ensuring the Quality of Federal Child Care Centers Child Care ACCESS (Affordable Child Care for Early Success and Security) Act - Title I: Improving the Affordability of Child Care - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to make increased appropriations for State child care assistance grants for FY 1999 through 2003. Title II: Enhancing the Quality of Child Care and Early Childhood Development - Creates under TANF a State grant program for improving the quality of child care and early childhood development. Makes appropriations for FY 1999 through 2003. Title III: Expanding the Availability and Quality of School-Age Child Care - Establishes under TANF a State grant program for increasing the availability and quality of school-age child care. Makes appropriations for FY 1999 through 2003. (Sec. 301) Amends the Child Care and Development Block Grant Act of 1990 to increase from 13 to 16 the maximum age of an eligible child under the child care and development block grant program. (Sec. 302) Amends the 21st Century Community Learning Centers Act to: (1) direct the Secretary of Education to give priority to rural, urban, and low-income communities in awarding grants to public elementary and secondary schools for projects that benefit the educational, health, social services, cultural, and recreational needs of the community; (2) revise grant application requirements; (3) change from four to one the minimum number of specified activities for which community learning center grant funds may be used; (4) change children's day care services to child care services; and (5) authorize increased appropriations for 21st century community learning centers. Title IV: Supporting Family Choices in Child Care - Amends the Internal Revenue Code to: (1) revise the formula to increase the dependent care income tax credit for certain taxpayers, indexed for inflation, with an even greater credit for employment-related dependent care expenses; (2) allow a minimum dependent care income tax credit for stay-at-home parents; and (3) provide for advance payment by the employer of an employee's dependent care income tax credit. (Sec. 404) Amends the Family and Medical Leave Act of 1993 to cover employers of at least 25 (currently 50) employees. Title V: Encouraging Private Sector Involvement - Amends the Internal Revenue Code to provide an income tax credit for 25 percent of an employer qualified child care expenditures. (Sec. 502) Directs the Secretary of Health and Human Services to establish a program to award grants to local communities for the purpose of expanding the availability and improving the quality of child care on a community-wide basis. Authorizes appropriations. Title VI: Ensuring the Quality of Federal Child Care Centers - Requires the Administrator of the General Services Administration (GSA) for the executive branch, the Architect of the Capitol for the legislative branch, and the Administrator of the Administrative Office of the U.S. Courts for the judicial branch to issue regulations to establish standards and ensure quality child care for Federal employees through accredited child care centers. (Sec. 601) Directs the GSA Administrator to establish an interagency council to facilitate cooperation and sharing of best practices among the three branches, and to develop and coordinate policy, regarding the provision of child care in the Federal Government. Authorizes appropriations.
United States · United States Congress · 28 January 1998
Rehabilitation Act Amendments of 1998 - Revises and extends the Rehabilitation Act of 1973 (RA). (Sec. 2) Provides for establishment of: (1) linkages between State vocational rehabilitation programs and workforce investment activities carried out under the Workforce Investment Partnership Act of 1998 (WIPA); and (2) special responsibilities for the Secretary of Education for coordination of all activities with respect to individuals with disabilities within and across programs administered by the Federal Government. (Sec. 3) Revises RA general provisions. Requires the Commissioner of the Rehabilitation Services Administration (RSA, which is in the Office of the Secretary of Education) and the Director of the National Institute on Disability and Rehabilitation Research to reserve specified funds to carry out certain activities for outreach to minorities. (Sec. 4) Extends through FY 2004 the authorization of appropriations for Basic Vocational Rehabilitation Services programs. Revises requirements for State Vocational Rehabilitation Services plans, individual eligibility, individualized rehabilitation employment plans, vocational rehabilitation services scope, group services, non-Federal shares for establishment of programs, State Rehabilitation Councils, evaluation standards and performance indicators, and monitoring and review. Maintains formulas for State allotments for Basic Vocational Rehabilitation Services, but eliminates provisions for certain additional allotments and payments to States. Revises reallotment provisions. Revises the formula for reservation of funds for American Indian Vocational Rehabilitation Services. Revises requirements for title I payments to States. Requires a State Governor to redesignate the agency conducting the client assistance program under certain conditions. Extends through FY 2004 the authorization of appropriations for such program. Eliminates RA title I (current part C) provisions for Innovation and Expansion Grants. Increases to 60 months the maximum effective duration of an approved application for an American Indian Vocational Rehabilitation Services grant. Revises requirements for vocational rehabilitation services client information. Directs the Secretaries of Education and of Health and Human Services to enter into a memorandum of understanding to exchange data of mutual importance that concern clients of designated State agencies, including data maintained either by the RSA or by the Social Security Administration from its Summary Earnings and Records and Master Beneficiary Records. Directs the Secretary of Labor to provide the RSA Commissioner with labor market information that facilitates evaluation of the Basic Vocational Rehabilitation Services program and allows comparison of the progress of individuals with disabilities who are assisted under such program in securing, retaining, regaining, and advancing in employment with the progress made by individuals who are assisted under specified WIPA provisions. (Sec. 5) Revises RA title II (Research and Training). Extends through FY 2004 the authorization of appropriations for: (1) expenses of the National Institute on Disability and Rehabilitation Research (Institute), including certain expenses of the Rehabilitation Research Advisory Council; and (2) research and other covered activities. Requires the Institute's Director to: (1) include, in an education program for the public, information on assistive technology services and devices, and disseminate engineering information about them; (2) provide for development and dissemination of models to address consumer-driven information needs related to assistive technology devices and services; and (3) publish for public comment drafts of five-year plans outlining and explaining priorities for rehabilitation research, demonstration projects, training, and related activities, and consider public comments before submitting the final form of such a plan to the appropriate congressional committees. Eliminates grant or contract assistance for: (1) a pediatric rehabilitation research program; (2) a Rehabilitation Research and Training Center in the Pacific Basin; and (3) a center for research and training concerning the delivery of rehabilitation services to rural areas. (Sec. 6) Revises RA title III (Professional Development and Special Projects and Demonstrations). Directs the Secretary to ensure that all title III grants and contracts are awarded on a competitive basis. Revises and extends through FY 2004 the authorization of appropriations for training programs. Requires (current law authorizes) the Commissioner to make grants and contracts for personnel training. Authorizes the Commissioner to make grants and contracts for training: (1) regarding related Federal statutes; (2) personnel providing services to individuals with disabilities under WIPA (jointly funded with the Department of Labor); or (3) leading to an academic degree or certificate in various rehabilitation-related areas. Continues requirements for training grants for Historically Black Colleges and Universities and other higher education institutions with minority enrollments of at least 50 percent. Includes hard-of-hearing individuals (as well as deaf or deaf-blind individuals) among those for whom interpreters may be trained under a discretionary grant program. Eliminates: (1) discretionary technical assistance to State rehabilitation agencies and community rehabilitation programs; (2) various grants and contracts relating to vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; and (4) comprehensive rehabilitation centers. Revises and extends through FY 2004 the authorization of appropriations for: (1) special demonstration programs; (2) migrant and seasonal farmworkers programs; and (3) recreational programs. Eliminates certain title III discretionary grants for: (1) reader services for blind individuals; and (2) interpreter services for deaf individuals. Authorizes the Commissioner to require title III grant recipients to submit information to measure project outcomes and performance. (Sec. 7) Amends RA title IV (National Council on Disability) to revise the deadline for the Council's annual progress report on national disability policy. Extends through FY 2004 the authorization of appropriations for the Council. (Sec. 8) Revises RA title V (Rights and Advocacy). Directs the Architectural and Transportation Barriers Compliance Board (the Access Board) to promulgate regulations for Federal agency procurement of electronic and information technology that allows individuals with disabilities to produce and have access to information and data in manner comparable to that of individuals without disabilities. Extends through FY 2004 the authorization of appropriations for title V with respect to protection and advocacy of individual rights. Reserves for a grant to the eligible system serving the American Indian consortium a certain portion of such funds in excess of a specified amount. Applies certain limitations under the Assisted Suicide Funding Restriction Act of 1997 to the use of allotments or grants under these RA provisions for protection and advocacy of individual rights. (Sec. 9) Amends RA title VI (Employment Opportunities for Individuals with Disabilities) (the Employment Opportunities for Individuals with Disabilities Act). Eliminates current part A (Community Service Pilot Programs for Individuals with Disabilities). Sets forth a new part A (Projects in Telecommuting and Self-Employment for Individuals with Disabilities). Directs the Commissioner to award competitive, one-time, time-limited grants, contracts, or cooperative agreements to eligible entities to establish and operate: (1) projects in telecommuting for individuals with disabilities; and (2) projects in self-employment for individuals with disabilities. Authorizes the Commissioner to establish procedures for dual-purpose applications. Authorizes appropriations through FY 2004. Revises and extends through FY 2004 the authorization of appropriations for: (1) part B (Projects with Industry); (2) part C (Supported Employment Services for Individuals with the Most Significant Disabilities). ("Most significant" replaces the term "severe" disabilities.) (Sec. 10) Amends RA title VII (Independent Living Services and Centers for Independent Living). Revises and extends through FY 2004 the authorization of appropriations for: (1) Individuals with Significant Disabilities, including provisions for Independent Living Services and Centers for Independent Living; and (2) Independent Living Services for Older Individuals Who Are Blind. (Sec. 11) Amends the Helen Keller National Center Act to extend through FY 2000 the authorization of appropriations for the Helen Keller National Center for Youths and Adults Who Are Deaf-Blind and the Center's Federal Endowment Fund. Directs the Center to establish and maintain a national registry of individuals who are deaf-blind. Authorizes appropriations through FY 2000 for such registry. (Sec. 12) Amends a specified Joint Resolution of the Congress to allow the President's Committee on National Employ the Physically Handicapped Week to solicit, as well as accept, certain donations. (Sec. 13) Amends the Department of Education Organization Act to provide that the Federal Advisory Committee Act shall not apply to peer review panels established by the Secretary to evaluate applications for financial assistance awarded on a competitive basis. (Sec. 14) Directs the Secretary to prepare and submit to the Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this Act.
United States · United States Congress · 13 November 1997
Amends the Higher Education Act of 1965 to delay the commencement of the student loan repayment period for certain students called to active duty in the armed forces. Provides that any period (up to three years) during which a borrower who is a member a reserve component of the armed forces is called or ordered to active duty (for more than 30 days) shall be excluded from the grace period (after the student ceases to carry at least a half-time academic load) before repayment of a student loan must begin. (Such grace period is six months for Stafford or Direct Stafford/Ford loans, and nine months for Perkins direct loans.)
United States · United States Congress · 9 November 1997
Directs the Secretaries of the Interior and Agriculture to convey to Rio Arriba County, New Mexico, specified real property in Coyote, New Mexico, known as the Old Coyote Administrative Site, to be used for public purposes.
United States · United States Congress · 9 November 1997
Fort Stanton and Rio Bonito Corridor Vegetation Management Act - Authorizes the Secretary of the Interior, in managing land within Fort Stanton and the Rio Bonito Corridor that is under the Secretary's jurisdiction, to solicit competitive bids for and enter into vegetation sales contracts for the purpose of using livestock grazing as a vegetation management tool. Ratifies any such contracts entered into with respect to the land before the date of this Act's enactment. Requires management of Fort Stanton and the Rio Bonito Corridor to be consistent with any applicable land and resource management plan under the Federal Land Policy and Management Act of 1976. Directs that, of the proceeds of such vegetation sales contracts: (1) 12.5 percent be paid to the State of New Mexico for distribution to Lincoln County, New Mexico, for purposes authorized by the Act of June 28, 1934 (Taylor Grazing Act); (2) 12.5 percent be deposited in the general fund of the Treasury; and (3) 75 percent be deposited in a special Treasury account for use in managing Fort Stanton and the Rio Bonito Corridor and to achieve the management goals and prescriptions identified in applicable resource management plans for the Rio Bonito acquired lands and the Fort Stanton area of critical environmental concern, but not for land acquisition.
United States · United States Congress · 8 November 1997
Directs the Secretary of Agriculture to convey to Jemez Springs, New Mexico, specified real property within the Santa Fe National Forest in New Mexico in order to construct and operate a fire substation for Jemez Springs. Provides that such property shall revert to the United States if it is not used for such purpose.
United States · United States Congress · 8 November 1997
Directs the Secretary of Agriculture to designate five acres of land in the Carson National Forest, New Mexico, adjacent to the El Rito cemetery as special use land for use as cemetery land for members of the El Rito community.
United States · United States Congress · 8 November 1997
TABLE OF CONTENTS: Title I: Parental Rights Title II: Qualified Teachers Title III: Federal Funds Used in the Preparation of Teachers Title IV: Incentives for Increasing the Supply of Qualified Teachers Title V: Beginning Teacher Recruitment and Support Title VI: General Provisions Quality Teacher in Every Classroom Act - Title I: Parental Rights - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require any public elementary school or secondary school that receives ESEA funds to provide to the parents of each student enrolled in the school information regarding: (1) the qualifications of each of the student's teachers, both generally and with respect to the content area or areas in which the teacher provides instruction; and (2) the minimum qualifications required by the State for teacher certification or licensure. Title II: Qualified Teachers - Amends ESEA to require States, as a condition for receiving ESEA funds, to ensure a qualified teacher in every classroom, through the following specified measures. Requires, within five years after enactment of this Act, each public school teacher to have demonstrated the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the content area or areas in which the teacher provides instruction. Allows State or local educational agencies to grant temporary waivers, of up to three additional years, of such teacher demonstration requirements in response to emergency teacher shortages or other circumstances. Prohibits any student from being taught for more than one year in elementary or more than two consecutive years in secondary school by a teacher who has not made such demonstration. Requires States to provide: (1) incentives for teachers to pursue and achieve advanced teaching and subject area content standards; (2) effective mechanisms to remove incompetent or unqualified teachers; and (3) help to schools, particularly those in high need areas, to recruit and retain qualified teachers. Title III: Federal Funds Used in the Preparation of Teachers - Amends the Higher Education Act of 1965 (HEA) to set forth minimum teacher training standards for higher education institutions that receive HEA or other Federal funds to prepare or train teachers. Requires such institutions to: (1) meet nationally recognized professional standards for accreditation, or demonstrate to the Secretary of Education that at least 90 percent of their graduates who enter the field of teaching take, and pass on their first attempt, the State teacher certification or licensure examination for new teachers that is in place on the day of enactment of this Act; and (2) ensure that the graduates hold a liberal arts degree in addition to professional education courses leading to State teacher certification or licensure. Title IV: Incentives for Increasing the Supply of Qualified Teachers - Amends HEA to provide for cancellation of guaranteed and direct student loan indebtedness in return for specified periods of teaching service in high-need disadvantaged areas. Title V: Beginning Teacher Recruitment and Support - Amends HEA to establish a Beginning Teacher Recruitment and Support program. Directs the Secretary to award competitive three-year grants to partnerships to recruit, train, and support qualified entry-level elementary school or secondary school teachers to teach in eligible schools. Makes eligible, for teachers from such program, schools whose enrollment of disadvantaged children exceeds 30 percent of their total enrollment. Gives priority to applications from partnerships that include certain teacher preparation institutions that support or have plans to support professional development schools or laboratory schools and that are not subject to specified waivers. Title VI: General Provisions - Declares that this Act does not apply to nonrecipient nonpublic schools and home schools.
United States · United States Congress · 7 November 1997
Hispanic Cultural Center Act of 1997 - Directs the Secretary of the Interior to award a grant to the State of New Mexico to pay for the Federal share (50 percent) of the costs of the design, construction, furnishing, and equipping of the Center for Performing Arts that will be located at a site to be determined by that State's Hispanic Cultural Division, within the complex known as the New Mexico Hispanic Cultural Center. Requires the Director of such Division, as a condition of such grant, to submit certain documents to the Secretary and to execute a specified memorandum of understanding. Authorizes appropriations.
United States · United States Congress · 7 November 1997
Provides for the issuance of burial flags for deceased members or former members of the Selected Reserve who were: (1) serving in the Selected Reserve at the time of death; (2) had served at least one enlistment or period of initial obligated service and was discharged under not less than honorable conditions; or (3) was discharged under such conditions due to a disability incurred or aggravated in the line of duty during their initial enlistment or obligated service.
United States · United States Congress · 6 November 1997
Cuban Women and Children Humanitarian Relief Act - Declares that it should be U.S. policy to permit the sale and export of food, medicines, and medical equipment to the Cuban people. Authorizes the President to permit the sale and export of such items to Cuba. Requires the President to notify the Congress and the public of any decision to permit the sale and export of such items.
United States · United States Congress · 5 November 1997
Federal Energy Bank Act - Establishes the Federal Energy Bank (trust fund) in the Treasury to finance energy efficiency projects at Federal agencies. Prescribes guidelines for loan program and project selection criteria. Authorizes appropriations.
United States · United States Congress · 29 October 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 · 28 October 1997
Technology Administration Authorization Act for Fiscal Years 1998 and 1999 - Authorizes appropriations to the Department of Commerce for the: (1) Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology; (2) construction and maintenance of Institute facilities; (3) activities of Under Secretary for Technology, the Office of Technology Policy, and the Office of Air and Space Commercialization; and (4) industrial technology services activities of the Institute. (Sec. 6) Amends the National Institute of Standards and Technology Act respecting the Advanced Technology Program (ATP) to, among other things: (1) require each applicant for a contract or award to certify that the applicant has made an effort to secure private market funding for the research project involved; (2) permit a large business to participate in a research project that is the subject of a contract or award only as a member of a joint venture that includes one or more small businesses as members; and (3) authorize the Secretary of Commerce to vest title to tangible personal property in any recipient of financial assistance under specified conditions. (Sec. 7) Amends the National Institute of Standards and Technology Act to revise requirements for the extension of Federal financial assistance to Regional Centers for the Transfer of Manufacturing Technology under the Manufacturing Extension Partnership Program. (Sec. 8) Amends the Stevenson-Wydler Technology Innovation Act of 1980 respecting the Malcolm Baldrige National Quality Award to expand the list of categories for awards. (Sec. 9) Prohibits funds authorized by this Act or any other Act enacted before the date of enactment of this Act from being used for the Next Generation Internet, with the exception of funds that may be used for the continuation of the programs and activities related to Next Generation Internet that were funded and carried out during FY 1997. (Sec. 11) Expresses the sense of the Congress on the Year 2000 problem. (Sec. 12) Expresses the sense of the Congress that the Director should donate educationally useful Federal equipment to schools to enhance the science and mathematic programs of those schools. Mandates annual reports to the President. (Sec. 13) Amends the National Institute of Standards and Technology Act to establish within the Institute a teacher science and technology enhancement program to provide for the professional development of mathematics and science school teachers. (Sec. 14) Requires a joint study by the National Academy of Science and the National Academy of Engineering to review the effectiveness of the ATP. (Sec. 15) Establishes within the Department an Office of Air and Space Commercialization to be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department. (Sec. 16) Establishes the Experimental Program to Stimulate Competitive Technology (EPSCoT) to strengthen the technological competitiveness of States that have historically received less Federal research and development funds than those received by a majority of the States. Directs the Secretary, acting through the Under Secretary, to: (1) enter into arrangements for the coordination of EPSCoT through the State committees established under the Experimental Program to Stimulate Competitive Research (EPSCoR) of the National Science Foundation; and (2) cooperate with any State science and technology council established under EPSCoR and representatives of small business firms and other technology-based businesses. Requires: (1) a specified report; and (2) an evaluation of the EPSCoT program.
United States · United States Congress · 24 October 1997
Persian Gulf War Veterans Act of 1997 - Presumes to be service-connected (and therefore compensable or treatable under Federal veterans' benefits provisions) any illness that: (1) the Secretary of Veterans Affairs determines to warrant such a presumption based upon a positive association with exposure to a biological, chemical, or other toxic agent or environmental or wartime hazard (agent or hazard) associated with service in the southwest Asia theater of operations during the Persian Gulf War; and (2) becomes manifest in a Gulf War veteran within a period to be prescribed by the Secretary. Requires such presumption even though there is no record of evidence of such illness in the veteran during the period of service. Requires the Secretary to make determinations under (1), above, based on sound medical and scientific evidence and to take into account reports submitted by the National Academy of Sciences (NAS) as required under this Act. Requires the Secretary to make appropriate determinations within 60 days after receipt of the NAS report. (Sec. 3) Directs the Secretary to enter into an agreement with the NAS under which NAS shall identify: (1) the agents or hazards to which Gulf War veterans may have been exposed; and (2) the illnesses that are manifest in such members. Directs NAS, after such identification, to determine whether a statistical association exists between exposure to such agent or hazard and the illness. Requires NAS to separately review potential treatment models for such illnesses, make recommendations for additional studies, and perform subsequent reviews of available evidence and data. Requires periodic reports from NAS to the Secretary, the Secretary of Defense, and the veterans and defense committees (designated committees) concerning NAS activities under this Act. Terminates requirements and activities under this Act ten years after NAS submits its first report. Requires the Secretary to enter into an agreement with an alternative scientific organization if agreement cannot be reached with NAS. (Sec. 4) Directs the Secretary to develop and implement a plan for the establishment and operation of a single computerized information data base for the collection, storage, and analysis of information on illnesses of, and treatment provided to, Gulf War veterans. Requires such plan to be submitted to the Secretary of Defense, NAS, and the designated committees. Directs NAS to evaluate and report on such plan. Requires the Secretary to: (1) continually compile and analyze all appropriate clinical data contained in the data base; and (2) report annually, along with the Secretary of Defense, to the designated committees with respect to the analysis of such data. (Sec. 5) Directs the Secretaries of Veterans Affairs, Defense, and Health and Human Services to jointly carry out, and report to the designated committees on, a program of feasibility studies for conducting additional scientific research on health hazards resulting from exposure to agents or hazards associated with Gulf War service. (Sec. 6) Directs the Secretary to carry out an ongoing program to provide Gulf War veterans with information relating to any health risks determined to be associated with such service, together with services or benefits available.
United States · United States Congress · 24 October 1997
Expresses the Senate's support for: (1) the presidential efforts to achieve removal of Japanese port restrictions; and (2) vigilant, continued monitoring and enforcement by the Federal Maritime Commission of changes in port practices promised by the Japanese Government that will benefit international trade.
United States · United States Congress · 22 October 1997
National Research Investment Act of 1998 - States purposes of this Act, including to double the annual authorized amount of Federal funding for basic scientific, medical, and pre-competitive engineering research over the ten-year period following enactment of this Act. Authorizes appropriations for covered research and development for FY 1999 through 2008 to be used by the National Institutes of Health of the Department of Health and Human Services. Sets forth limitations on the use of such funds.
United States · United States Congress · 20 October 1997
TABLE OF CONTENTS: Title I: Dropout Prevention Title II: Amendments to the Carl D. Perkins Vocational and Applied Technology Education Act Title III: Dropout Prevention in the Higher Education Act of 1965 Title IV: State Responsibilities National Dropout Prevention Act of 1997 - Title I: Dropout Prevention - Amends the School Dropout Assistance Act (title V part C of the Elementary and Secondary Education Act of 1965 (ESEA)) to establish a coordinated national strategy and a national school dropout prevention initiative. (Sec. 101) Declares it a national priority, for the five-year period after enactment of this Act, to lower the school dropout rate, and increase school completion, for middle school and secondary school students. Requires all Federal agencies that carry out activities that serve students at risk of dropping out of school, or that are intended to help address the school dropout problem, to make school dropout prevention a top priority in the agencies' funding priorities during such period. Directs the Secretary of Education to collect systematic data on the participation of different racial and ethnic groups (including migrant and limited English proficient students) in all Federal programs. Requires the Director of the Office of Dropout Prevention and Program Completion (established by this Act) to provide for: (1) a national school dropout prevention strategy, through an interagency plan to assess coordination, use of resources, and availability of funding under Federal law that can be used to address school dropout prevention, or middle school or secondary school reentry; (2) a national clearinghouse on effective school dropout prevention, intervention and reentry programs; and (3) a national recognition program that recognizes schools that have made extraordinary progress in lowering school dropout rates. Directs the Secretary to make allotments to States for dropout prevention. Authorizes State educational agencies to use such allotment funds to award grants to public middle schools or secondary schools with dropout rates in the highest one-third of all school dropout rates in the State, to enable them to pay only the startup and implementation costs of school dropout prevention programs, including activities for professional development, curricular materials, release time for professional staff, and planning and research. Expresses the intent of Congress that the activities started or implemented with these dropout prevention grant allotment funds shall be continued with funding provided under ESEA title I part A (Helping Disadvantaged Students Meet High Standards). Limits the number, amount, and duration of such grants. Provides for: (1) strategies and allowable models; (2) selection of schools; (3) dissemination activities; (4) progress incentives; (5) school dropout rate calculation; (6) reporting and accountability; and (7) a prohibition on tracking. Authorizes appropriations. (Sec. 102) Amends the Department of Education Organization Act to establish an Office of Dropout Prevention and Program Completion, whose Director shall report directly to the Secretary and carry out specified duties. Title II: Amendments to the Carl D. Perkins Vocational and Applied Technology Education Act - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to direct the Secretary to establish and publish performance measures and expected levels of performance to assess the progress of each State educational agency in achieving: (1) student mastery of academic skills; (2) student mastery of vocational skill proficiencies for students in vocational education programs that are necessary for a secondary school diploma, equivalent, or skill certificate; and (3) placement in, retention in, and completion of, secondary school education and postsecondary education. Authorizes the Secretary to establish other related performance measures as well. (Sec. 202) Revises requirements for State leadership activities and local activities, adding vocational education programs for adults and school dropouts to complete their secondary school education. Title III: Dropout Prevention in the Higher Education Act of 1965 - Amends the Higher Education Act of 1965 to establish a Trio Middle School Program, among Federal TRIO Programs (various programs of outreach to qualified individuals from disadvantaged backgrounds) under Federal Early Outreach and Student Services Programs, to assist projects providing specified services for middle school students to make the transition to, and complete, secondary school. Authorizes appropriations. (Sec. 302) Prescribes additional considerations for the awarding of grants and contracts under Federal TRIO programs. (Sec. 303) Revises local coordination requirements to direct the Secretary to allow a program director to administer one or more TRIO programs. (Sec. 304) Establishes additional TRIO program requirements for: (1) coordination incentives; (2) recruiting prohibitions; (3) number of disadvantaged students served; and (4) counseling. (Sec. 305) Revises the Upward Bound program (one of the TRIO programs) to include among permissible services provision of work-study positions where youths participating in the project are exposed to careers requiring a postsecondary degree. Allows such youths to be paid summer monthly stipends. Requires Upward Bound program grant or contract recipients to plan, report, and make adjustments to projects in order to increase Upward Bound student retention rates to specified levels. (Sec. 306) Revises provisions for special programs for students whose families are engaged in migrant and seasonal farmwork. Adds requirements relating to coordination of services and data collection. Extends and increases the authorization of appropriations for such programs. Authorizes the Secretary to use a portion of such programs' funds, when they exceed a specified amount, to make grants to eligible institutions for services to migrant students, if such institutions offer in-State tuition to migrant students who are not State residents. (Sec. 307) Establishes Programs for Counseling Excellence under which the Secretary shall award grants to develop model programs for counseling excellence, including specified student counseling programs, community partnerships for tutoring and mentoring, and in-service training for guidance counselors. Requires the Secretary to collect and disseminate certain information on student counseling programs. Authorizes appropriations. Title IV: State Responsibilities - Amends ESEA to require State educational agencies to comply with specified requirements with respect to school dropouts, including: (1) uniform data collection and reporting; (2) attendance-neutral funding policies; (3) development of uniform long-term suspension and expulsion policies for serious infractions; and (4) alternative educational placements for students expelled for more than ten school days per academic year.
United States · United States Congress · 9 October 1997
Disapproves the President's cancellations (line item veto) of appropriations for 36 military construction projects in the Military Construction Appropriations Act, 1998.
United States · United States Congress · 9 October 1997
Asian Elephant Conservation Act of 1997 - Requires the Secretary of the Interior to use amounts in the Asian Elephant Conservation Fund (established under this Act) to provide financial assistance for projects for the conservation of Asian elephants for which final project proposals are approved by the Secretary. Sets forth provisions concerning: (1) requirements for project proposals; (2) project review and approval; (3) reporting requirements for recipients of assistance provided by this Act; and (4) priority for projects for which there exists some measure of matching funds. Establishes the Asian Elephant Conservation Fund. Authorizes appropriations.
United States · United States Congress · 9 October 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 8 October 1997
Federal Power Act Amendments of 1997 - Amends the Federal Power Act to include within the purview of Federal Energy Regulatory Commission (FERC) regulation of electric energy transmission in interstate commerce the unbundled transmission of electric energy sold at retail (but not bundled electric energy retail sales, or unbundled local distribution service that is subject to State regulation). (Sec. 2) Requires FERC, after consulting with appropriate State regulatory authorities, to determine by rule or order which electric energy transmission and delivery facilities are used for transmission in interstate commerce, subject to FERC jurisdiction, and which are used for local distribution subject to State jurisdiction. Redefines the transmission of electric energy in interstate commerce to include electric energy that will be consumed in a foreign country. Includes among public utilities subject to FERC jurisdiction over electric energy transmission any electric utility or Federal power marketing agency (including the Tennessee Valley Authority (TVA)), municipal utilities, and rural electric cooperatives not otherwise subject to FERC. Redefines a transmitting utility to include any public utility, qualifying cogeneration facility, qualifying small power production facility, or Federal power marketing agency that owns or operates electric power transmission facilities used for electric energy sales. (Sec. 3) Authorizes any person generating electric energy for sale (currently only for resale) to apply to FERC for an order requiring a transmitting utility to provide transmission services (currently only wholesale transmission services) to the applicant. Repeals the prohibition against mandatory retail wheeling and sham wholesale transactions. Limits FERC authority to order retail wheeling to sales permitted or required by State law. (Sec. 4) Declares that neither the silence of the Congress nor any Act of the Congress shall be construed to preclude a State or State commission, acting under State law, from requiring an electric utility subject to its jurisdiction to provide unbundled local distribution service to any electric consumer within such State. Requires any electric utility permitted or required by a State to provide unbundled local distribution service to any electric consumer within such State, to do so on a not unduly discriminatory basis. Preempts any State law, regulation, or order that results in unbundled local distribution service that is unjust, unreasonable, unduly discriminatory, or preferential. Authorizes a State or State commission to bar an electric utility from selling electric energy to an ultimate consumer using local distribution facilities if such utility or any of its affiliates owns or controls local distribution facilities and is not itself providing unbundled local distribution service. Declares that nothing in this Act shall prohibit a State or State regulatory authority from assessing a nondiscriminatory charge on unbundled local distribution service, the retail sale of electric energy, or the generation of electric energy for consumption by the generator within the State. (Sec. 5) Expresses the sense of the Congress that: (1) every electric energy consumer should have access to electric energy at reasonable and affordable rates; and (2) FERC and the States should ensure that competition in the electric energy business does not result in the loss of service to rural, residential, or low-income consumers. Requires any State or State commission that requires an electric utility subject to its jurisdiction to provide unbundled local distribution service to: (1) consider adopting measures to implement such policy; and (2) report to FERC on any measures so adopted. (Sec. 6) Instructs FERC to establish and enforce national electric reliability standards to ensure the reliability of the electric transmission system. Authorizes FERC to: (1) designate national and regional councils to promote such reliability; (2) incorporate into its own standards the operational standards adopted by such councils; and (3) enforce compliance with such standards on the part of any public or transmitting utility. (Sec. 7) Prescribes procedural guidelines under which FERC may order a transmitting utility to broaden or improve its facilities for the interstate transmission of electric energy. (Sec. 8) Authorizes FERC to order the formation of a regional transmission system, and to order any transmitting utility operating within such region to participate in it. Requires FERC to appoint a regional oversight board to oversee such system operation, and such board to appoint an independent system operator to operate the system. (Sec. 9) Establishes civil penalties for violations of this Act. (Sec. 10) Amends the Public Utility Regulatory Policies Act of 1978 to prohibit any State or State authority from barring a State regulated electric utility from recovering the cost of electric energy the utility is required to purchase from a qualifying cogeneration facility or qualifying small power production facility.
United States · United States Congress · 7 October 1997
Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 26 September 1997
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that investment managers under ERISA shall include fiduciaries registered solely under State law only if Federal registration is prohibited under the Investment Advisors Act of 1940. Treats a fiduciary as meeting certain ERISA filing requirements if the information is available to the Secretary of Labor from a centralized electronic or other record-keeping database.
United States · United States Congress · 25 September 1997
Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public and other official entities, including Latin American or Caribbean countries. Instructs the President to report to the Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel (the Panel) shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Directs the Information Security Policy Advisory Council to report to the Congress on declassification of human rights records relating to other Latin American and Caribbean countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act.
United States · United States Congress · 24 September 1997
Valle Grande-Valles Caldera Preservation bill - Authorizes the Secretary of Agriculture, acting through the Forest Service, to acquire specified lands in New Mexico owned by the Baca Land and Cattle Company. Requires the Secretary, acting through the Forest Service, and the Secretary of the Interior, acting through the National Park Service, to: (1) jointly develop a plan to adjust the boundaries between the Sante Fe National Forest and the Bandelier National Monument to provide consistent land management to protect the Monument's watershed; and (2) submit such plan to the Congress within 120 days of the land acquisition.
United States · United States Congress · 23 September 1997
Authorizes the President to present a gold medal, on behalf of the Congress, to the family of the late Raul Julia in recognition of his dedication to ending world hunger and his contributions to the Latino community and to the performing arts. States that no appropriations are authorized to implement this Act, but gifts and donations for the purpose may be accepted. Instructs the Secretary of the Treasury to transfer from the Numismatic Public Enterprise Fund to the Raul Julia Ending Hunger Fund and to the National Hispanic Foundation of the Arts, any proceeds above costs from such gifts and donations as well as sales of duplicate bronze medals.
United States · United States Congress · 31 July 1997
Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1997 - Modifies the boundaries of the Bandelier National Monument, New Mexico, to include specified lands within the Upper Alamo watershed. Authorizes the Secretary of the Interior, within such boundaries, to acquire lands (or interests in lands such as the Secretary determines shall adequately protect the Monument from flooding, erosion, and degradation of its drainage waters) by donation, purchase with donated or appropriated funds, exchange, or transfer of lands acquired by other Federal agencies. Authorizes appropriations.
United States · United States Congress · 31 July 1997
Commonwealth of the Northern Mariana Islands Reform Act - Amends the Covenant to Establish the Commonwealth of the Northern Mariana Islands to treat the Northern Mariana Islands as a State under the Immigration and Nationality Act with respect to an individual's entry into the Commonwealth (but not entry from the Commonwealth into the United States). Applies Federal statutes and regulations governing admission of certain workers to Guam to individuals seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industries. Requires the Attorney General to coordinate and act in conjunction with State and local law enforcement agencies to ensure that deployment of personnel to enforce such statutes and regulations does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers. Amends Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless it is made or assembled using direct labor meeting a specified percentage of qualified manhours by U.S. citizens or nationals or citizens of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia. Applies to the Northern Mariana Islands the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.05 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Northern Mariana Islands the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate. Directs the Secretary of the Interior to study the extent of human and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts taken by the Government of the United States or the Commonwealth of the Northern Mariana Islands to address or prohibit such violations. Requires inclusion of study results in the annual "Federal CNMI Initiative on Labor, Immigration, and Law Enforcement" report to Congress. Authorizes appropriations.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service Subtitle A: Executive Branch Governance and Senior Management Subtitle B: Personnel Flexibilities Title II: Electronic Filing Title III: Taxpayer Protection and Rights Title IV: Congressional Accountability for the Internal Revenue Service Subtitle A: Oversight Subtitle B: Budget Subtitle C: Tax Law Complexity Internal Revenue Service Restructuring and Reform Act of 1997 - Title I: Executive Branch Governance and Senior Management of the Internal Revenue Service - Subtitle A: Executive Branch Government and Senior Management - Amends the Internal Revenue Code (IRC) to replace current provisions establishing the office of the Commissioner of Internal Revenue with provisions establishing the Internal Revenue Service Oversight Board (the Board). Requires that seven of the nine members of the Board not be full-time Federal officers or employees. Requires that all Board members have expertise in, among other things: (1) management of large service organizations; (2) customer service; and (3) the needs and concerns of taxpayers. Requires the Board to: (1) review and approve strategic plans of the Internal Revenue Service (IRS); (2) review the operational functions of the IRS; (3) select the Commissioner of Internal Revenue (Commissioner), as well as senior IRS managers, and review the Commissioner's reorganization plans; and (4) review and approve the IRS budget request, as well as ensure audits of the IRS. (Sec. 102) Replaces current provisions which authorize the Secretary of the Treasury (Secretary) to employ such personnel as necessary for the proper administration and enforcement of the internal revenue laws with provisions requiring there to be in the Department of the Treasury a Commissioner who shall be appointed by the Board for a five-year term. Sets forth the duties of the Commissioner, including the: (1) administration and management of the internal revenue laws; and (2) Commissioner's responsibility to consult with the Board. Establishes and sets forth duties for: (1) a Chief Counsel for the IRS to be appointed by the President; (2) the Office of Employee Plans and Exempt Organizations; (3) an Office of the Taxpayer Advocate. (Sec. 103) Replaces current provisions concerning the effect of reorganization plans with provisions which authorize the Commissioner to employ such number of persons as proper to administer and enforce the internal revenue laws. Subtitle B: Personnel Flexibilities - Directs the Commissioner to establish a performance management system covering IRS employees which: (1) establishes retention standards; and (2) establishes performance goals or objectives. Provides for awards based on performance, but prohibits making an award solely on the basis of tax enforcement results. Sets forth other provisions concerning: (1) classification and pay; (2) staffing; and (3) demonstration projects. Title II: Electronic Filing - Provides for paperless filing and payment of taxes. Title III: Taxpayer Protection and Rights - Sets forth provisions concerning taxpayer protections and rights, including provisions concerning: (1) authority to issue taxpayer assistance orders; (2) authority to award costs and fees; (3) damages for negligence in collection actions; (4) criteria and procedures for selecting taxpayers for examination; (5) archival treatment of IRS records; (6) freedom of information; (7) offers-in-compromise; (8) jurisdiction of the Tax Court; (9) cataloging of complaints; and (10) procedures for taxpayer interviews. (Sec. 309) Eliminates the interest differential on overpayments and underpayments. (Sec. 310) Eliminates the failure to pay penalty as long as an installment payment agreement is in effect. (Sec. 311) Directs the Secretary to accept installment tax liability payments if: (1) such liability does not exceed $10,000; (2) the taxpayer has, during the past five years, paid on time; and (3) the taxpayer has not entered into a prior installment agreement. (Sec. 313) Directs the Secretary to make grants to provide matching funds for qualified low-income taxpayer clinics. (Sec. 319) Provides for studies concerning: (1) taxpayer confidentiality; (2) penalty administration; (3) treating all taxpayers as separate filing units; and (4) burden of proof. Title IV: Congressional Accountability for the Internal Revenue Service - Subtitle A: Oversight - Authorizes the Joint Committee on Taxation (Joint Committee) to procure the services of experts for investigations of the IRS by the General Accounting Office. (Sec. 402) Establishes additional reporting requirements for the Joint Committee. Subtitle B: Budget - Provides for additional budget authority for the IRS, but only on annual basis and only if specified improvements are made in taxpayer services. (Sec. 413) Directs the Commissioner to convene a financial advisory management group to advise the Commissioner. Subtitle C: Tax Law Complexity - Expresses the sense of the Congress that the IRS should provide the Congress with an independent view of tax administration. (Sec. 422) Requires a Senate or House of Representatives committee, when reporting legislation including any provision amending the IRC, to contain within the report a Tax Complexity Analysis. (Sec. 423) Declares it to be the policy of the Congress that employers should have a single point of filing tax and wage reporting information. (Sec. 424) Requires the Joint Committee to prepare a study of the feasibility of developing a baseline estimate of taxpayers' compliance burdens against which future legislative proposals could be measured.
United States · United States Congress · 31 July 1997
Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1997 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute. Directs the president of each of the respective institutions to prescribe by regulation alternative personnel management provisions. Disallows covering current employees except pursuant to a voluntary election. Directs the Secretary of the Interior to delegate to the president of each of the respective institutions procurement authority with respect to the conduct of the administrative functions of the university. Authorizes as appropriations to each of the respective institutions for FY 1998, and for each fiscal year thereafter: (1) the amount of funds made available by appropriations as operations funding for the administration of such institution for FY 1997; and (2) such additional sums as may be necessary for the operation of such institution pursuant to this Act.
United States · United States Congress · 30 July 1997
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations for FY 1998 through 2003 for maintenance of Indian reservation school roads. Amends Federal highway law to define Indian reservation school road as a public road that is: (1) within, adjacent to, or provides access to an Indian reservation (including associated trust land and restricted Indian land) having a land area of ten million acres or more; and (2) used by a school bus to transport children to or from a school or Headstart program. Includes such a road in the Federal lands highway program so that it can be treated under the same uniform policies as roads which are on the Federal-aid system. Requires funds available for Indian reservation school roads to be used by the Secretary of Transportation to pay for their maintenance cost in accordance with this Act. Allows a State or county with such roads on its maintenance system to apply for funding from the Secretary for the roads' maintenance, which the Secretary may grant if the Secretary determines that such funding from other sources is not sufficient to provide maintenance that ensures the safety and welfare of children being transported in a school bus to and from a school or Headstart program. Requires all maintenance work funded under this Act to be performed by: (1) contract awarded by competitive bidding; or (2) a State or county that the Secretary has determined has the ability to administer efficiently funds granted for such maintenance. Directs the Secretary to ensure that funding made available under this Act for Indian reservation school roads' maintenance for each fiscal year is supplementary to and not in lieu of any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.
United States · United States Congress · 30 July 1997
Allows an individual with a disability who has or is granted the privilege of the Senate floor to bring necessary supporting aids and services (including service dogs, wheelchairs, and interpreters) on the Senate floor, unless the Senate Sergeant at Arms determines that the use of such supporting aids and services would place a significant difficulty or expense on Senate operations in accordance with the Rules for Regulation of the Senate Wing of the U.S. Capitol.
United States · United States Congress · 28 July 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
United States · United States Congress · 16 July 1997
Veterans Employment Opportunities Act of 1997 - Provides that a veterans' preference eligible (PE) or an individual who has been separated from military service under honorable conditions after three or more years of active duty shall not be denied the opportunity to compete for a vacant position within a Federal agency, either in the competitive or excepted service, by reason of: (1) not having acquired competitive status; or (2) not being an employee of such agency. Requires each agency to notify the Office of Personnel Management (OPM) and U.S. employment offices of each vacant position for which competition is restricted to employees or individuals having competitive service. Requires OPM, at least every two years, to submit to the Congress and the President a report detailing for the prior period the number of such vacant positions in the Federal Government and the number of PE or separated individuals referred or appointed to such positions. Directs OPM to establish and keep current a comprehensive list of all announcements of vacant positions within each agency for which competition is so restricted. Applies such PE requirements to the Postal Service, with exceptions for certain collective bargaining positions. Prohibits, during a Federal reduction in force (RIF), a position occupied by a PE from being placed in a single-position competitive level if the PE is qualified to perform the essential functions of any other position at the same grade in the competitive area (defined as being able to perform such functions within 150 days). Entitles a PE whose current or latest performance rating is at least fully successful to be assigned during a RIF to any position for which he or she is qualified that is within: (1) the PE's commuting area and is currently occupied by an individual placed in such position within six months before the RIF; or (2) the PE's competitive area and is not more than three grades below the position from which the PE was released (with an exception). Authorizes a PE to challenge the classification of any position to which the PE asserts assignment rights in an action before the Merit Systems Protection Board. Requires each agency to establish an agency-wide priority placement program to facilitate employment placement for PEs who are scheduled to be or who are separated from service due to a RIF and who have received a rating of at least fully successful at their last performance evaluation or who occupy positions excluded from a performance appraisal system. Allows an individual to designate a different local commuting area in order to exercise reemployment rights if there are no alternative positions within the most local area. Requires an agency to place qualified present and former employees in retention order by PE subgroup and tenure group. Makes an individual eligible for reemployment for two years after a RIF. Provides conditions under which an individual loses eligibility for such reemployment. Provides administrative and judicial redress and remedies for any PE or other individual who alleges that an agency has violated such individual's veterans' preference or related rights. Extends the veterans' preference to: (1) employment within the General Accounting Office; (2) appointments made to the Office of the President (with an exception when the President certifies that the position is a confidential, policy-making, or political position); and (3) appointments to the legislative branch (with specified exclusions). Establishes administrative remedies and procedures for PE and separated individuals with respect to appointments within the legislative or judicial branches of the Federal Government. Requires the Judicial Conference of the United States to prescribe regulations to provide for: (1) veterans' preference in the consideration of applicants for employment, and in the conduct of any RIF, within the judicial branch; and (2) redress procedures for alleged violations of any rights of such individuals. Requires the Conference to: (1) consult with specified congressionally chartered veterans' service organizations when considering such regulations; and (2) provide specified congressional committees with a copy of such regulations. Extends the veterans' preference to RIFs in the Federal Aviation Administration. Includes among PE veterans those who served during a military operation in a qualified hazardous duty area under requirements prescribed by the Secretary of Defense. Prohibits any employee authorized to take personnel actions from knowingly taking, or failing to take, any personnel action if such taking or failure would violate a PE requirement.
![Official portrait of Sen. Bingaman, Jeff [D-NM]](https://www.congress.gov/img/member/b000468_200.jpg)