United States · United States Congress · 24 September 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or for an applicable program, to develop, plan, implement, or administer any national testing program. Exempts from such funding prohibition: (1) the National Assessment of Educational Progress under the National Education Statistics Act of 1994; and (2) the Third International Mathematics and Science Study.
United States · United States Congress · 23 September 1997
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 16 September 1997
Endangered Species Recovery Act of 1997 - Amends the Endangered Species Act to direct the Secretary of the Interior or Commerce, as appropriate, where required to use the best scientific and commercial data available, to give greater weight to data that is empirical, field-tested, or peer-reviewed when evaluating comparable data. Adds the introduction of species and competition to the list of factors to be considered in making determinations of whether a species is endangered or threatened. Repeals a requirement that a designation of critical habitat be made concurrently with any such determination. Requires the Secretary, upon a determination that the goals of the recovery plan for a species have been met, to initiate procedures for determining whether to remove a species from the endangered or threatened list. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on historical and current range and distribution of the species; (2) appraisals of available data on status and trends of populations of, and threats to, the species; and (3) identification of information contained in the petition that has been peer-reviewed or field-tested. Sets forth requirements for notification of State agencies to solicit assessment of petitions or proposals by the Secretary to list a species. Requires a public hearing to be held in each State that would be affected by a proposed regulation on endangered or threatened species, at the request of any person. Limits the total number of hearings to five. Provides for independent scientific peer review of proposed regulations on endangered or threatened species or determinations that a species should be removed from a list. Repeals provisions regarding recovery plans. Permits withholding or limiting the availability of data requested under Freedom of Information Act provisions if release of the data would be likely to result in increased take of an endangered or threatened species or one proposed for listing. (Sec. 3) Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Requires plans to: (1) contain biological recovery goals and objective, measurable benchmarks to determine progress toward such goals; and (2) identify Federal agencies that authorize, fund, or carry out actions likely to have a significant impact on prospects for recovering the species. Makes such goals subject to independent scientific review. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Permits the Secretary to enter into agreements with Federal agencies, affected States, Indian tribes, local governments, private landowners, and organizations to implement conservation measures identified by approved plans that promote species recovery on lands or waters owned by, or within the jurisdiction of, such parties. Authorizes grants of up to $25,000 to individual landowners for carrying out such agreements. Bars grants for actions for which a permit is required under any Federal law. Sets forth conditions under which States may develop recovery plans. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Provides for revisions of such designations, as appropriate. (Sec. 4) Requires Federal agencies responsible for the management of lands and waters to: (1) provide the Secretary with an inventory of endangered and threatened species as well as species proposed, or identified as candidates, for listing on lands or waters under their control; and (2) update such inventory at least every five years. Directs Federal agencies, prior to commencing any action, to notify the Secretary if such action may affect an endangered or threatened species or critical habitat. Requires a Federal agency to consult with the Secretary on each action for which notification is required unless: (1) such agency determines, based on the opinion of a qualified biologist that the action is not likely to adversely affect such species or habitat; (2) the agency has made such determination and provides the Secretary with the information on which the determination was based; and (3) the Secretary does not object to such determination within 60 days of receiving notification. Permits the Secretary to identify categories of actions determined to have adverse effects and for which consultation shall not apply. Authorizes the Secretary to object to agency determinations under certain conditions. Requires the Secretary to enter into arrangements with the National Academy of Sciences to review and report on agency determinations made under this section. Directs the Comptroller General to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the cost of formal consultation to Federal agencies and other persons. Authorizes Federal agencies implementing land use or resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Authorizes consultation and conferencing between the Secretary and a Federal agency, with the Secretary's approval, to encompass a number of related or similar actions by the agency within a particular geographic area. Permits the consolidation of requests for consultation or conferencing from various Federal agencies whose actions may affect the same species within a particular geographic area. Provides for the participation of States and persons who have sought authorization or funding subject to consultation in consultation proceedings. (Sec. 5) Authorizes the development of multiple species conservation plans which may include measures for non-listed species. (Conservation plans are required to be developed in connection with incidental takings of species which are otherwise prohibited.) Authorizes the Secretary and the heads of Federal agencies to provide technical assistance or guidance to States or persons developing such plans. Establishes deadlines for plan approval. Allows the Secretary to issue a permit for a low effect activity authorizing an otherwise prohibited taking if the activity will have no more than a negligible effect on the species, any taking will be incidental, and the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Requires the Secretary to minimize permitting costs by developing model permit applications that would constitute conservation plans for low effect activities. Requires conservation plans to include a "no surprises" provision such that a person who is in compliance with a plan may not be required to undertake additional mitigation measures for a species covered by the plan if such measures would require additional money or the adoption of additional use, development, or management restrictions on land, waters, or water-related rights that would otherwise be available under the plan. Provides for the identification of plan modifications or other measures that may be required under extraordinary circumstances. Authorizes the Secretary to enter into candidate conservation agreements with a non-Federal person for a species that is proposed for listing, is a candidate species, or is likely to become a candidate species. Sets forth conditions for approval of such agreements. Includes a "no surprises" provision in such agreements as well. Provides for public participation in the development of multiple species conservation plans and permit applications. Authorizes the Secretary to enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for such species. Requires the Secretary, under such agreements, to permit the person to take endangered or threatened species on lands or waters subject to the agreement if the taking is incidental to, and not the purpose of, an otherwise lawful activity. Prescribes a mutually agreed upon baseline requirement that will, at a minimum, maintain existing conditions for the species. Authorizes the baseline to be expressed in terms of the abundance or distribution of species, quantity or quality of habitat, or other appropriate indicators. Provides for grants of up to $10,000 to any private landowner to carry out such agreements, subject to the availability of appropriations. Requires the Secretary to: (1) establish a habitat reserve program to be implemented through contracts or easements to assist non-Federal property owners in preserving and managing suitable habitat for endangered and threatened species; and (2) make payments to such property owners for carrying out an agreement, provided that the activities carried out are not otherwise required by the Act. Authorizes appropriations. Establishes the Habitat Conservation Planning Fund, from which the Secretary may make interest-free advances to States and other political subdivisions to assist in the development of conservation plans. Requires advances to be repaid within ten years or earlier, if no conservation plan is developed or no permit for incidental taking is issued. (Sec. 6) Requires, in civil and criminal actions, actions to enjoin persons alleged to be in violation, or citizen suits brought under the Act, that the Secretary, Attorney General, or other person, as appropriate, establish, using scientifically valid principles, that the acts of a person have caused or will cause the taking of an endangered or threatened species. (Sec. 7) Directs the Secretary to implement a private landowners education and technical assistance program to: (1) inform the public about the Act; (2) respond to requests for technical assistance from property owners interested in conserving listed species, those proposed for listing, and candidate species; and (3) recognize exemplary efforts to conserve species on private land. (Sec. 8) Extends the authorization of appropriations to carry out the Act through FY 2003. Makes additional authorizations of appropriations to carry out specified activities under this Act.
United States · United States Congress · 11 September 1997
TABLE OF CONTENTS: Title I: Sanctions Title II: Human Rights, Religious Freedom, and Democracy in China Title III: National Security Matters Title IV: Trade Title V: Human Rights and Religious Freedom Worldwide Title VI: Other Matters China Policy Act of 1997 - Sets forth U.S. policy with respect to the People's Republic of China including to: (1) encourage freedom and democracy in China and to deter the Chinese Government from activities contrary to U.S. national security interests; (2) encourage the Chinese Government to make progress towards improving human rights conditions in China and Tibet; and (3) limit the use of U.S. taxpayer funds for the subsidization of China through multilateral development banks and U.S. programs. Title I: Sanctions - Prohibits the Secretary of State (except in the case of a presidential waiver in the U.S. national interest) from issuing any visa to, and the Attorney General from admitting to the United States, certain high-ranking officials of the Chinese Government who have been involved in limiting the free exercise of religion and other human rights in China. (Sec. 102) Requires votes by the appropriate U.S. Executive Directors to deny multilateral assistance by international development banks. (Sec. 103) Directs the President to: (1) prohibit the importation into the United States of products (with specified exceptions) produced by any affiliate of the People's Liberation Army (PLA), the China Poly Group (also known as Polytechnologies Incorporated or BAOLI), and the China North Industries Group (Norinco); (2) direct the Secretary of State and the Attorney General to deny or impose restrictions on the entry into the United States of foreign nationals employed by such entities; (3) prohibit the issuance of licenses for U.S. Munitions List exports to such nationals or entities; (4) prohibit the export of controlled goods or technology to them; (5) direct the Export-Import Bank of the United States not to approve the issuance of credit to them; (6) prohibit U.S. nationals from issuing guarantees for loans or investments, or extending credit, to them; and (7) prohibit U.S. agencies and U.S. nationals from entering into any contract with such nationals or entities for the procurement of goods or services. Requires the Director of Central Intelligence to report annually to appropriate Members of Congress on each PLA entity which transferred controlled goods or technology to any other entity. Requires the Director of the Federal Bureau of Investigation to report annually to appropriate Members of Congress on each PLA entity which attempted to: (1) illegally import weapons or firearms into the United States; or (2) engage in military collection or espionage here under the cover of commercial business activity. (Sec. 104) Expresses the sense of the Congress that the President should consult with major U.S. allies and trading partners in order to encourage them to adopt similar sanctions against China. Requires a report to the Congress on such consultations. Title II: Human Rights, Religious Freedom, and Democracy in China - Sets forth findings with respect to human rights abuses, restrictions on religious freedom, and coercive family planning practices in China (including Tibet). (Sec. 205) Authorizes appropriations for FY 1998 and 1999 for U.S. Customs Service and Department of State monitoring of Chinese exports of products made with slave labor to the United States. Requires the Commissioner of Customs and the Secretary to each report to Members of Congress on the manufacturing and exportation of such products. Expresses the sense of the Congress that, in light of China's having substantially frustrated the purposes of the 1992 Memorandum of Understanding (MOU) with the United States on Prison Labor, the President should commence negotiations to replace the MOU with one providing for effective monitoring of forced labor in China, without restrictions on which prison labor camps international monitors visit. (Sec. 206) Authorizes appropriations for FY 1998 for international broadcasting activities for Radio Free Asia (RFA) and Voice of America (VOA) broadcasting to China. Expresses the sense of the Congress that U.S. international broadcasting through RFA and VOA should be increased to provide 24-hour broadcasting in Chinese and Tibetan dialects, including Mandarin Chinese, Tibetan, and at least one other dialect. (Sec. 207) Earmarks specified amounts of National Endowment for Democracy and United States Information Agency funds for FY 1998 for student, cultural, and legislative exchange activities in China. (Sec. 209) Directs the Secretary to report annually to the Congress on family planning activities in China. (Sec. 210) Expresses the sense of the Congress that: (1) the U.S. Government should increase efforts in the United Nations Human Rights Commission and other international fora to condemn gross violations of human rights by China; and (2) the President should vigorously lobby other countries for passage of future Commission resolutions on China's human rights record. (Sec. 211) Expresses the sense of the Congress with respect to China's compliance with the Joint Declaration on Hong Kong. Title III: National Security Matters - Sets forth findings on China with respect to: (1) the proliferation of ballistic missiles, weapons of mass destruction, and destabilizing advanced conventional weapons; (2) the evasion of U.S. export control laws; and (3) the inconsistent application of U.S. export control laws to it and Hong Kong. (Sec. 306) Directs the President to require that no digital supercomputers may be exported or reexported to China without the prior approval of specified designated agency officials. Authorizes the export or reexport of such supercomputers to China only pursuant to a license issued by the Secretary of Commerce if any one of the designated officials does not approve its export or reexport. (Sec. 307) Prohibits the Secretaries of State and of Commerce from approving an export license application for the export of a dual-use item to Hong Kong if U.S. officials are denied the opportunity to conduct a pre-license verification with respect to such items and their recipient. Requires applications for the export of such items to Hong Kong to be treated in the same manner as a request to export such items to China if: (1) U.S. officials are denied postshipment verification of the location, recipient, and end use of such items; and (2) such items have been diverted to China, a non-authorized end use, or to a recipient other than the one named in the application. (Sec. 308) Declares that it is the policy of the United States that: (1) the delivery of 60 C-802 cruise missiles by China to Iran poses a threat to deployed U.S. forces in the Middle East and contributes materially to Iran's efforts to acquire destabilizing numbers of advanced conventional weapons; and (2) such delivery is a violation of the Iran-Iraq Arms Non-Proliferation Act of 1992. Imposes certain sanctions on China under such Act. (Sec. 309) Expresses the sense of the Congress that: (1) transfers of certain missile equipment and technology by China pose a threat to the national security interests of the United States; (2) failure of the Clinton Administration to determine whether to impose sanctions for such transfers contributes to such threat; and (3) the President should initiate procedures necessary to determine whether sanctions should be imposed for such transfers. Requires a report to the Congress on the determination whether or not to impose such sanctions. (Sec. 310) Requires specified reports to the Congress on: (1) PLA-owned entities; (2) PLA military modernization activities; and (3) Chinese intelligence activities directed against or affecting the interests of the United States. (Sec. 312) Directs the Secretary of Defense to study, and report to specified congressional committees on, the architecture requirements for the establishment and operation of a theater ballistic missile defense system for Taiwan, including the Penghu Islands, Kinmen, and Matsu. (Sec. 313) Expresses the sense of the Congress that: (1) current U.S. force levels in the Pacific Command Theater of Operations are necessary to continued peace and stability in that region; (2) any reductions in such force levels should only be done in close consultation with the Congress and with a clear understanding of their impact upon the U.S. capacity to fulfill its treaty obligations with other states in the region as well as its ability to deter potential aggression there; and (3) the annual report on U.S. national security strategy should include specific information on the adequacy of U.S. armed forces to support such strategy as it relates to China. (Sec. 314) Expresses the sense of the Congress that the President and the Secretary of State should initiate negotiations with China and other Asian countries to establish a commission on matters relating to security and cooperation in Asia that would be modeled after the Commission on Security and Cooperation in Europe. Title IV: Trade - Expresses the sense of the Congress that Taiwan should be admitted to the World Trade Organization upon meeting certain criteria. Title V: Human Rights and Religious Freedom Worldwide - Amends the Immigration and Nationality Act to direct the Attorney General to establish a program to provide training on religious persecution to U.S. immigration officers. Directs the Secretary of State to report to specified congressional committees on religious persecution worldwide. (Sec. 502) Directs the Secretary of State to establish the Prisoner Information Registry. Title VI: Other Matters - Repeals the Center for Cultural and Technical Interchange Between East and West Act of 1960 (thereby terminating the Center for Cultural and Technical Interchange Between East and West). (Sec. 601) Prohibits the use of United States Information Agency funds for such Center.
United States · United States Congress · 8 September 1997
Directs the Secretary of Agriculture to continue operation of the Food Animal Residue Avoidance Database program through contracts with appropriate colleges or universities. Authorizes appropriations.
United States · United States Congress · 4 September 1997
Investment in Education Act of 1997 - Amends Federal bankruptcy law with respect to distribution of estate property (or property proceeds) subject to an unavoidable lien securing an allowed claim for a tax. Specifies that such an unavoidable lien does not include a properly perfected unavoidable tax lien arising in connection with an ad valorem tax on the estate property (thus exempting the holder of such a tax lien from subordination to other claimants according to the established distribution schedule). Declares that administrative expenses entitled to first priority payment from a debtor's estate (other than claims for wages, salaries, or commissions arising after the filing of a petition for relief from debt) shall be limited to expenses incurred under Chapter 7 (Liquidation), and shall not include expenses incurred under Chapter 11 (Reorganization). Requires the bankruptcy trustee, before subordinating a tax lien which has arisen by virtue of State law, to: (1) exhaust the estate's unencumbered assets; and (2) recover from property securing an allowed secured claim the reasonable, necessary expenses of preserving or disposing of that property. Provides that claims for wages, salaries, and commissions entitled to distribution priority, including claims for contributions to an employee benefit plan entitled to fourth priority, may be paid from property of the estate which secures a tax lien, or the proceeds from such property, subject to the other requirements of this Act. Prohibits the bankruptcy court from determining the amount or legality of any tax, related fine or penalty, or any addition to tax arising in connection with an ad valorem tax on real or personal property of the estate if the applicable period for contesting or redetermining that amount has expired under any law other than a bankruptcy law. Declares exempt property liable for debts with respect to a court order for child and spouse support.
United States · United States Congress · 31 July 1997
Parent and Student Savings Account PLUS Act - Amends the Internal Revenue Code with respect to education individual retirement accounts to: (1) include qualified elementary and secondary education expenses (including home schooling); and (2) increase annual contribution limits to $2,000.
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
Affordable Education Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses. Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions. Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $2,000. Sets forth related excess contribution provisions. (Sec. 3) Makes the exclusion from gross income for employer-provided educational assistance permanent. Includes graduate education assistance within such exclusion. (Sec. 4) Increases the maximum annual contribution limit for education individual retirement accounts to $2,000. Includes specified elementary and secondary school expenses (including home schooling) within the definition of "qualified education expenses."
United States · United States Congress · 31 July 1997
Amends the Perishable Agricultural Commodities Act, 1930 to make it a felony for a commission merchant, dealer, or broker to intentionally or with reckless disregard misrepresent the country of origin of a perishable agricultural commodity, with the resulting serious injury or death of an individual.
United States · United States Congress · 31 July 1997
Double Postage Rule Elimination Act - Amends Federal postal law to allow a letter to be carried out of the mails if the amount paid for private carriage of the letter is two dollars or more and other current requirements are met.
United States · United States Congress · 29 July 1997
TABLE OF CONTENTS: Title I: National Security Title II: Human Rights Title III: Trade Title IV: Review of Policy United States-People's Republic of China National Security and Freedom Protection Act of 1997 - Title I: National Security - Sets forth the findings of Congress about: (1) the threat to U.S. global interests from the weapons proliferation practices of the People's Liberation Army (PLA), including sale of C-802 cruise missiles to Iran; (2) the U.S. national security interest in Taiwan; and (3) the subsidization of PLA commercial activities by the People's Republic of China (PRC). (Sec. 102) Prohibits commercial activities in the United States by the PLA or any other Communist Chinese military company (CCMC). Directs the Secretary of Defense to compile and publish in the Federal Register a list of Communist Chinese military operating directly or indirectly in the United States or its territories and possessions. Grants the President authority under the International Emergency Economic Powers Act to ban such activities. Directs the President to ban: (1) the importation of any product produced, manufactured, or grown by the PLA or by a CCMC; and (2) the sale of any debt on the U.S. bond market which benefits the PLA or a CCMC. (Sec. 103) Requires annual reports to the Congress: (1) jointly by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation on PRC intelligence activities directed against or affecting U.S. interests; and (2) by the Secretary of Defense on PLA military modernization and on PLA or other CCMC commercial activities. (Sec. 104) Amends the Taiwan Relations Act to declare that its provisions on making U.S. defense articles and services available to Taiwan shall supersede the Joint Communique of the United States and China of August 17, 1982. Directs the Secretary of Defense to study jointly with appropriate representatives of the Government of Taiwan, and report to specified congressional committees on, the architecture requirements for the establishment and operation of a theater ballistic missile defense system for Taiwan, including the Penghu Islands, Kinmen, and Matsu. Expresses the sense of Congress that the President, if requested by the Government of Taiwan, and in accordance with the results of such study, should sell to Taiwan appropriate defense articles, defense services, or design and construction services for the purpose of establishing, deploying, and operating such a defensive theater ballistic missile defense system. Declares that it is in the U.S. national interest that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability among East Asian nations. (Sec. 105) Urges the President to enforce the Iran-Iraq Arms Nonproliferation Act of 1992 with respect to the acquisition by Iran of C-802 model cruise missiles. Title II: Human Rights - Sets forth the findings of Congress on: (1) human rights in the PRC, particularly the treatment of pro-democracy and human rights activists; (2) coercive family planning practices, especially forced abortion and forced sterilization; (3) religious persecution in the PRC; (4) slave labor and "re-education camps" in the PRC; and (5) the need for international broadcasting into the PRC. (Sec. 202) Authorizes appropriations for international broadcasting to China by Radio Free Asia and Voice of America. Requires the President to report to the Congress on a plan to achieve their continuous broadcasting to the PRC in multiple major dialects and languages. (Sec. 203) Declares that it is the sense of Congress that the President should make freedom of religion one of the major objectives of U.S. foreign policy with respect to the PRC. Urges the Department of State: (1) to raise in every relevant bilateral and multilateral forum the issue of individuals imprisoned, detained, confined, or otherwise harassed by the Chinese Government on religious grounds; and (2) in its communications with the Chinese Government name specific individuals of concern and request a complete and timely response from the Chinese Government regarding their whereabouts and condition, the charges against them, and the sentence imposed. Declares that the goal of such communications should be the expeditious release of all religious prisoners in China and Tibet and the end of the Chinese Government's policy and practice of harassing and repressing religious believers. Prohibits the use of funds appropriated or otherwise made available for the Department of State, the U.S. Information Agency, or the U.S. Agency for International Development to provide travel expenses and per diem for the participation in conferences, exchanges, programs, and activities of a PRC national directly involved in or responsible for repressive religious policies and practices. Requires each Federal agency to certify to specified congressional committees that it did not pay, directly or through a grantee or contractor, for such travel expenses or per diem. Makes ineligible for a visa, and excludes from admission into the United States, any PRC national directly involved in or responsible for repressive religious policies and practices. (Sec. 204) Declares that it is U.S. policy to condemn those officials of the Chinese Communist Party, the Government of the PRC, and other persons involved in the enforcement of forced abortions, by preventing such persons from entering or remaining in the United States. Prohibits the Secretary of State from issuing a visa, and the Attorney General from admitting into the United States, any PRC national who the Secretary finds, based on credible information, has been involved in the establishment or enforcement of population control policies resulting in a woman's being forced to undergo an abortion against her free choice, or in a man's or woman's being forced to undergo sterilization against his or her free choice. Allows the President to waive this prohibition in order to carry on the normal course of foreign policy. (Sec. 205) Authorizes appropriations for monitoring by the U.S. Customs Service and the Department of State of the exportation by the PRC to the United States of products which may be made with slave labor. Requires the Commissioner of Customs and the Secretary of State each to report annually to the Congress on the manufacturing and exportation of products made with slave labor in the PRC. Declares the sense of Congress that, since the PRC has substantially frustrated the purposes of the 1992 Memorandum of Understanding with the United States on Prison Labor, the President should immediately commence negotiations to replace the current Memorandum with one providing for effective monitoring of forced labor in the PRC, without restrictions on which prison labor camps international monitors may visit. (Sec. 206) Authorizes appropriations to support U.S. Embassy personnel in Beijing, as well as American consulates in other specified Chinese cities, to monitor political repression in the PRC and the use of the Laogai system of forced labor and re-education as tools of political repression. Title III: Trade - Declares the findings of Congress with respect to U.S. interests and Taiwan's and the PRC's admission into the World Trade Organization (WTO). (Sec. 302) Declares that it is the policy of Congress that the United States should aggressively support the PRC's accession to the WTO under commercially viable terms. (Sec. 303) Expresses the sense of Congress that: (1) Taiwan should be admitted to the WTO as a separate customs territory without making such admission conditional on the previous or simultaneous admission of the PRC, whether as a developing or a developed nation; and (2) it should be U.S. policy to support such unconditional admission. Title IV: Review of Policy - Directs the Chairmen and Ranking Members of specified congressional committees to review this Act at the President's request or upon any of the following conditions' being met: (1) the PRC's entry into the WTO; (2) its full implementation and compliance with bilateral and international nonproliferation agreements and standards; (3) its active and effective combatting of all forms of religious persecution; (4) its reevaluation of its official view of the Tiananmen Square Massacre of June 4, 1989, consistent with the findings of this Act; and (5) publication of a defense white paper providing a comprehensive description and transparency of the PLA's modernization program roles and missions.
United States · United States Congress · 10 July 1997
Directs each Federal agency, before implementing policies and regulations that may affect family well-being, to assess such actions with respect to specified criteria. Requires each agency to: (1) submit a written certification to the Director of the Office of Management and Budget (OMB) and to the Congress that such policy or regulation has been assessed in accordance with this Act; and (2) provide adequate rationale for implementation of each policy or regulation that may negatively affect family well-being. Directs OMB to: (1) ensure that policies and regulations proposed by agencies are implemented consistent with this Act; and (2) compile, index, and submit annually to the Congress the written certifications received. Directs the White House Office of Policy Development to: (1) assess proposed policies and regulations in accordance with this Act; (2) provide evaluations of such policies and regulations to OMB; and (3) advise the President on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in the United States. Requires an agency to conduct an assessment of a proposed policy or regulation in accordance with this Act upon request by a Member of Congress.
United States · United States Congress · 8 July 1997
Calls upon the parliamentary bodies and government officials of other nations, particularly those that participate in Little League baseball, to recognize and celebrate the international character of Little League baseball and to render Little League Baseball Incorporated assistance and recognition of its status as a nongovernmental international organization.
United States · United States Congress · 7 July 1997
Safer Schools Act of 1997 - Amends the Gun-Free Schools Act of 1994 to require States, as a condition for receipt of Federal funds, to have in effect a law or regulation providing that evidence that a student brought a weapon to a school under the jurisdiction of the local educational agencies, that is obtained as a result of a search or seizure conducted on school premises, shall not be excluded in any school disciplinary proceeding on the ground that the search or seizure was in violation of the fourth amendment of the U.S. Constitution.
United States · United States Congress · 27 June 1997
Regulatory Improvement Act of 1997 - Provides for the analysis of major regulatory rules by Federal agencies. Sets forth provisions regarding: (1) principles for risk assessments; (2) peer review; (3) deadlines for rule making; (4) judicial review; and (5) guidelines, interagency coordination, and research. Mandates a comparative risk analysis study. Requires certain agency heads to establish advisory committees for the review of rules. Directs the: (1) President to establish a process for the review and coordination of Federal agency regulatory actions; and (2) Director of the Office of Management and Budget to establish procedures for public and agency access to information concerning regulatory review actions.
United States · United States Congress · 27 June 1997
Interstate Compact - Apalachicola-Chattahoochee-Flint River Basin Compact - Grants the consent of Congress to the Apalachicola-Chattahoochee-Flint River Basin Compact between Alabama, Florida, and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases.
United States · United States Congress · 27 June 1997
Interstate Compact - Alabama-Coosa-Tallapoosa River Basin Compact - Grants the consent of Congress to the Alabama-Coosa-Tallapoosa River Basin Compact between Alabama and Georgia to promote interstate comity, remove causes of controversies, apportion surface waters, engage in water planning, and develop and share common data bases.
United States · United States Congress · 27 June 1997
Expresses the sense of the Senate that the United States: (1) wishes good fortune to the people of Hong Kong as they embark on their historic transition of sovereignty; (2) urges the People's Republic of China to honor both the spirit and the letter of its commitments to accord Hong Kong substantial autonomy; (3) looks forward to continuing a close, productive relationship with the people of Hong Kong; and (4) hopes to develop a positive, productive relationship with China based upon shared respect for human dignity and responsible behavior in the international community of nations. Calls for the executive branch to exercise diligence in enforcing the terms and conditions of the Hong Kong Policy Act of 1992 and subsequent acts and provisions concerning the protection of civil liberties and the rule of law in Hong Kong.
United States · United States Congress · 27 June 1997
Calls for the Citizens' Stamp Advisory Committee to recommend and the Postal Service to issue a postage stamp to commemorate the 150th anniversary of the first Women's Rights Convention.
United States · United States Congress · 18 June 1997
Imported Fire Ant Control, Management, and Eradication Act of 1997 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. Directs the Board to select and fund specified research or demonstration projects, including a final national plan for fire ant control, management, and possible eradication.
United States · United States Congress · 17 June 1997
Amends the Small Business Act to allow a women's business center to contract with a Federal department or agency to provide specific assistance to women and other underserved small businesses.
United States · United States Congress · 17 June 1997
Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act. Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts. Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such. Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable. Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date. Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts.
United States · United States Congress · 12 June 1997
Directs each Federal agency, when formulating and implementing policies and regulations that may have significant impact on family formation, maintenance, and well-being, to assess such actions with respect to specified criteria. Requires each agency to: (1) identify any proposed regulatory and statutory provision that may have significant potential negative impact on the family well-being; and (2) provide adequate rationale for the submission of such proposal. Requires the head of each agency to certify to the Office of Management and Budget (OMB): (1) such proposed regulatory or statutory provision has been assessed in accordance with this Act; and (2) the manner in which such proposals will enhance family well-being. Directs OMB to take action to ensure that the policies of agencies are applied consistent with the assessments conducted under this Act. Directs the White House Office of Policy Development to: (1) assess existing and proposed policies and regulations that affect family well-being in accordance with this Act; (2) provide evaluations on such policies and regulations to OMB; and (3) advise the President on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in the United States. Requires the Office of Policy Development to annually submit a report to the President and specified congressional committees on compliance and include any recommendations relating to this Act.
United States · United States Congress · 12 June 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 11 June 1997
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Women's Retirement Security Title III: Expansion of Pension Coverage for Small Business Title IV: Portability Title V: Pension Security Subtitle A: Economically Targeted Investments Subtitle B: Other Provisions Title VI: Simplification of Plan Requirements Title VII: Date for Adoption of Plan Amendments Retirement Income, Security, and Savings Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code to increase individual retirement account (IRA) income limits applicable to active participants. Repeals active participation restrictions. (Sec. 102) Provides for IRA contribution inflation adjustments. Subtitle B: Nondeductible Tax-Free IRAs - Amends the Code to establish a nondeductible tax-free IRA Plus account. Sets forth related provisions. Title II: Women's Retirement Security - Amends the Code to make an individual's eligibility for deductible IRA contributions independent of spousal pension plan participation. (Sec. 202) Authorizes pension plan contributions with respect to periods of: (1) maternity and paternity leave; and (2) child-raising periods. Title III: Expansion of Pension Coverage for Small Business - Amends the Code to allow an eligible employer to establish an employer-funded SAFE annuity (an individual retirement annuity) or a SAFE trust (a trust forming part of a defined benefit plan). Sets forth related provisions. Makes related amendments to the Employee Retirement Income Security Act of 1974 (ERISA). (Sec. 302) Treats as not an elective deferral certain retirement and SIMPLE account matching contributions made on behalf of a self-employed individual. (Sec. 304) Provides for payroll deduction contributions to IRAs. Title IV: Portability - Amends the Code to allow specified pension plan rollovers, and related nondisqualification of receiving plans. (Sec. 405) Provides a hardship exception with respect to the 60-day exempt trust rollover provision. (Sec. 406) Amends the Code and ERISA to set forth the circumstances in which a defined contribution plan will not be treated as failing to meet requirements merely because the transferee plan does not provide some or all the forms of distribution previously available under another defined contribution plan. Title V: Pension Security - Subtitle A: Economically Targeted Investments - Expresses the sense of the Congress that economically targeted investments violate ERISA intent. (Sec. 502) Sets forth specified prohibitions on Department of Labor interpretations and activities with respect to employee benefit plan investment. (Sec. 503) Amends ERISA to prohibit any Federal agency or instrumentality from establishing or maintaining a clearinghouse or database relating to economically targeted investments. (Sec. 504) Requires termination of any Federal contracts that are in violation of this title. Subtitle B: Other Provisions - Amends the Code to provide for a phased-in increase to full employer funding of pension liabilities. Title VI: Simplification of Plan Requirements - Directs the Secretaries of the Treasury and Labor to issue guidance with respect to the use of new technologies and paperless transactions. (Sec. 602) Makes certain nondiscrimination and participation requirements inapplicable to a government plan. (Sec. 603) Amends ERISA to eliminate specified plan description and related requirements. Title VII: Date for Adoption of Plan Amendments - Sets forth plan adoption dates.
United States · United States Congress · 9 June 1997
National Motor Vehicle Safety, Anti-theft, Title Reform, and Consumer Protection Act of 1997 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a term or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply specified uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Directs the Secretary to prescribe requirements (similar to those of the Automobile Information Disclosure Act) that a label containing certain information be affixed to the windshield or window of a rebuilt or remanufactured salvage vehicle before its first sale. Prohibits a person from willfully removing, altering, or rendering illegible such label before the vehicle is delivered to the ultimate purchaser. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of these acts. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 9 June 1997
Repeals the tax increase on social security benefits made by the Revenue Reconciliation Act of 1993. Mandates application and administration of the Internal Revenue Code as if such increase had not been enacted.
United States · United States Congress · 5 June 1997
Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business (fewer than 25 full-time employees), punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses; or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.
United States · United States Congress · 5 June 1997
District of Columbia Student Opportunity Scholarship Act of 1997 - Authorizes the establishment as a private, nonprofit corporation the District of Columbia Scholarship Corporation to administer, publicize, and evaluate the District of Columbia (District) scholarship program and to determine student and school eligibility for program participation. Establishes the District of Columbia Scholarship Fund, to be administered by the Secretary of the Treasury, through which annual funds shall be provided to the District and used by the Corporation for the program. Authorizes appropriations to the Fund for FY 1998 through 2002. Provides for: (1) organization and management of a Corporation Board of Directors, as well as related offices and staff; and (2) the annual audit of Corporation records. Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to District students in kindergarten through grade 12 with family incomes not exceeding 185 percent of the national poverty line. Provides for: (1) scholarship payments and amounts; (2) certification requirements for educational institutions for eligibility to receive payments on behalf of students receiving a scholarship; (3) participation requirements for such institutions, including compliance with the nondiscrimination requirements of the Civil Rights Act of 1964; (4) payments from the Corporation to participating institutions; (5) annual institution reporting requirements; (6) program appraisal by the Comptroller General, performed through an independent evaluation agency (with an authorization of appropriations for such appraisal); (7) an annual program progress report from the Corporation to the appropriate congressional committees; and (8) judicial review of actions challenging the program.
United States · United States Congress · 5 June 1997
Stealth Tax Prevention Act - Amends Federal law relating to congressional review of agency rulemaking to include in the definition of "major rule" any rule that is promulgated by the Internal Revenue Service and for which the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds that implementation and enforcement of the rule has resulted in (or is likely to result in) any net increase in Federal revenues.
United States · United States Congress · 23 May 1997
China Sanctions and Human Rights Advancement Act - Prohibits the Secretary of State (except in the case of a presidential waiver in the U.S. national security interest) from issuing any visa to, and the Attorney General may not admit to the United States, certain high-ranking officials of the Chinese Government who have been involved in limiting the free exercise of religion and other human rights in China. Mandates certain economic sanctions against China including: (1) votes and restrictions to deny multilateral assistance by international development banks; and (2) reduction in U.S. contributions to international development banks for multilateral assistance and to organizations providing family planning assistance in China. Directs the President to: (1) prohibit the importation of products (with specified exceptions) produced by the China Poly Group (also known as Polytechnologies Incorporated or BAOLI) or the China North Industries Group (Norinco); (2) deny or impose restrictions on the entry into the United States of foreign nationals employed by such entities; (3) prohibit the issuance of licenses for U.S. Munitions List exports to such nationals or entities; (4) prohibit the export of controlled goods or technology to them; (5) direct the Export-Import Bank of the United States not to approve the issuance of credit to them; (6) prohibit U.S. nationals from issuing guarantees for loans or investments, or extending credit, to them; and (7) prohibit U.S. agencies and U.S. nationals from entering into any contract with such nationals or entities for the procurement of goods or services. Expresses the sense of the Congress that the President should consult with its major allies and trading partners in order to encourage them to adopt similar sanctions against China. Requires a report to the Congress on such consultations. Directs the President to report annually to the Congress on China's practices with respect to the free exercise of religion and other human rights during the preceding year. Directs the Secretary of State to publish in the Federal Register a list of corporations that were owned in whole or in part by the Chinese People's Liberation Army as of December 31 of the preceding year. Amends the Immigration and Nationality Act to direct the Attorney General to establish a program to provide training on religious persecution to U.S. immigration officers. Declares that FY 1998 funding levels for certain U.S. Information Agency programs and grants for student, cultural, and legislative exchange activities with China, for Radio Free Asia, and for China-related programs of the National Endowment for Democracy shall not be less than FY 1997 funding levels.
United States · United States Congress · 23 May 1997
Economic Growth Dividend Protection Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB), for any amount by which revenues for a budget year and any outyears through FY 2002 exceed the revenue target absent growth, to estimate the excess and include such estimate as a separate entry in the report to the Congress containing Congressional Budget Office estimates of amounts and changes in outlays and receipts of direct spending and receipts legislation at the same time the OMB sequestration preview report is issued. Requires OMB to include the amount of any change in revenues as a deficit decrease in estimates and sequestration reports unless such amount is offset by legislation decreasing revenues in an amount not exceeding the amount of such decrease. Sets forth the revenue targets absent growth for FY 1998 through 2002. Considers legislation decreasing revenues in compliance with this Act to be in order for purposes of specified provisions regarding congressional pay-as-you-go points of order and consideration in the Senate.
United States · United States Congress · 23 May 1997
Expresses the sense of the Senate that it should be U.S. policy to support the admission of Taiwan to membership in the International Monetary Fund, the International Bank for Reconstruction and Development, and all appropriate regional multilateral economic institutions.
United States · United States Congress · 22 May 1997
TABLE OF CONTENTS: Title I: Findings and Purposes Title II: Property Rights Litigation Relief Title III: Alternative Dispute Resolution Title IV: Private Property Taking Impact Analysis Title V: Miscellaneous Omnibus Property Rights Act of 1997 - Title I: Findings and Purposes - Sets forth findings and purposes for this Act. Title II: Property Rights Litigation Relief - Prohibits Federal and State agencies from taking private property except for public use and with just compensation to the owner. Sets forth the circumstances in which compensation is required. Prohibits filing claims against a State agency for carrying out a regulatory program mandated by Federal law, delegated under a Federal program, or funded by Federal funds in connection with a State regulatory program. Title III: Alternative Dispute Resolution - Provides for settlement or arbitration, on consent of both parties, of property rights disputes. Declares that title 9 of the U.S. Code (relating to arbitration) shall apply to enforcement of awards rendered under this title. Title IV: Private Property Taking Impact Analysis - Requires that Federal agency actions likely to result in the taking of private property be preceded by a written impact analysis available to the public. Title V: Miscellaneous - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 21 May 1997
Freedom From Religious Persecution Act of 1997 - Establishes in the Executive Office of the President the Office of Religious Persecution Monitoring, whose Director, appointed by the President, with Senate consent, shall: (1) consider the facts and circumstances of violations of religious freedom presented in certain annual reports on human rights by the Department of State and by independent human rights groups and nongovernmental organizations; (2) make policy recommendations to the President regarding U.S. policies toward governments engaged in religious persecution; and (3) maintain lists of religious persecution facilitating goods and services and the responsible entities within countries engaged in religious persecution. (Sec. 3) Distinguishes between category 1 religious persecution (conducted by government officials or agents) and category 2 religious persecution (conducted by non-government entities or persons, but which the government fails to undertake serious and sustained efforts to eliminate). (Sec. 5) Requires the Director to report to specified congressional committees on countries and entities engaged in religious persecution, identifying the category of persecution and listing persecution facilitating products, goods, and services. (Sec. 7) Prohibits: (1) Federal agencies and U.S. persons from exporting goods, including religious persecution facilitating goods and services, to countries and responsible entities engaged in religious persecution; and (2) U.S. and multilateral assistance to such countries. Directs the President, in casting any vote concerning the membership of a country in the World Trade Organization (WTO), to consider as a significant factor that the country is engaged in religious persecution. Directs the Secretary of State to deny the issuance of a visa to, and the Attorney General shall exclude from the United States, any alien responsible for carrying out acts of religious persecution. (Sec. 8) Provides for the waiver of such sanctions. (Sec. 9) Amends the Immigration and Nationality Act (as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), with respect to eligibility for asylum in the United States, to include under the term "credible fear of persecution" aliens who can claim membership in a community found to be subject to religious persecution. Directs the Attorney General to establish a program to provide training on religious persecution to immigration officers who inspect aliens for admission into the United States. Sets forth procedures for the denial of admission based on religious persecution claims. (Sec. 10) Sets forth requirements with respect to certain State Department human rights reports. Directs the Secretary of State to provide training on the right to religious freedom to chiefs of missions as well as certain Department officials. (Sec. 11) Provides for the termination of sanctions. (Sec. 12) Extends certain existing trade and economic sanctions against Sudan for supporting acts of international terrorism until the Director determines that Sudan has substantially eliminated religious persecution, or no longer supports acts of international terrorism, whichever occurs later. Imposes additional trade, economic, and cultural sanctions against Sudan. Sets forth penalties for violations of certain sanctions. Declares it is the sense of the Congress that the President, or, at his discretion, the Secretary of State should convene an international conference of the other industrialized democracies to reach an international agreement to bring about an end to religious persecution in Sudan. Prescribes congressional procedures for implementing such an agreement. Declares it is the sense of the Congress that the President should instruct the Permanent Representative of the United States to the United Nations (UN) to propose that the UN Security Council impose measures against Sudan. Makes it U.S. policy to impose additional measures against Sudan if its policy of religious persecution has not ended on or before December 25, 1997.
United States · United States Congress · 16 May 1997
Directs the Secretary of State to report annually to the Congress on: (1) the number of persons and aliens residing in the United States who are entitled to diplomatic immunity from criminal prosecution, including each case involving such an alien whom appropriate law enforcement authorities reasonably believe to have committed a serious crime within the United States; and (2) the number of U.S. citizens residing in a receiving state who are entitled to diplomatic immunity from criminal prosecution there, including each case in which the United States has been requested by the government of the state to waive immunity. Expresses the sense of the Congress that the Secretary should explore, in appropriate fora, whether states should enter into agreements and adopt legislation to provide: (1) jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to diplomatic immunity; and (2) that where there is probable cause to believe that an individual with such immunity committed a serious crime, the sending state will waive immunity or will prosecute the individual.
United States · United States Congress · 8 May 1997
Extends the legislative authority of the National Peace Garden to establish a memorial on Federal land in the District of Columbia through June 30, 2002.
United States · United States Congress · 8 May 1997
Breast-Cancer Research Stamp Act - Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is one cent higher than the regular rate as an alternative that patrons may use voluntarily to contribute to funding for breast-cancer research. Authorizes the Service to design and sell special stamps. Requires the Service to pay amounts attributable (additional revenues minus costs) to the one-cent differential to the Department of Health and Human Services at least twice a year.
United States · United States Congress · 8 May 1997
First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.
United States · United States Congress · 7 May 1997
TABLE OF CONTENTS: Title I: Amendments to the Individuals with Disabilities Education Act Title II: Miscellaneous Provisions Individuals with Disabilities Education Act Amendments of 1997 - Title I: Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act (IDEA) to revise its provisions and extend through FY 2002 the authorization of appropriations for IDEA programs. Allows States to extend use of the developmental delay category of eligibility for children up to age nine (under a new part A of IDEA). Revises the program of assistance for education of all children with disabilities (under a new part B of IDEA). Revises the funding formula for allotments to States. Provides for increases in allotments over a transition period of FY 1998 through 2006. Bases the new formula on a State's: (1) child population; and (2) child poverty. Authorizes appropriations. Sets forth State eligibility requirements for placement of students. Requires States to use methods of distributing IDEA funds that ensure compliance with such requirements. Allows a public agency to reduce or deny reimbursement to parents of a child placed in a private school without the public agency's consent or referral if: (1) the parents (with specified exceptions) did not notify the agency of the intended placement, with a written statement of their concerns, at least ten days before the child's removal from public school; (2) the parents did not make the child available for a local educational agency (LEA) initial assessment and evaluation before the child's removal from public school and enrollment in private school; or (3) it is so ruled at the judge's discretion. Allows an LEA to reduce its level of special education expenditures under specified limited circumstances. Allows commingling of Federal and State special education funds under certain circumstances. Authorizes the Secretary of Education to modify certain LEA requirements for ten designated LEAs or groups of LEAs which endeavor to achieve innovative delivery of services. Revises provisions for evaluations, reevaluations, eligibilty determinations, individualized education programs (IEPs), and educational placements. Grants parents a right to refuse an initial evaluation of a referred child's need for special education services. Authorizes the LEA, in such a circumstance, to utilize certain mediation and due process procedures to resolve the dispute. Prohibits construing the parents' consent for a child's evaluation as consent for placement for receipt of special education and related services. Requires, in the cases of children whose behavior impedes their own or others' learning, the IEP Team to consider strategies, including behavioral management plans, to address that behavior. Includes the following categories of behavior, at school or a school function, among those for which school personnel may order removal of a child with a disability from the classroom, and placement in an alternative educational setting, for an additional 45 days over the regular ten-day limit for such a removal: (1) carrying any weapons (current law only covers firearms); (2) having, using, soliciting sale of, or selling medications or illegal drugs; and (3) causing serious physical or emotional injury as a result of physical or verbal assault. Authorizes a hearing officer to order such a change of placement for up to 45 days if there is substantial evidence that maintenance of the current placement is substantially likely to result in injury to the child or to others. Requires an IEP Team to review whether the child's inappropriate action was a manifestation of the disability, including review of the technical soundness of the behavior management plan. Allows change of placement, with the parents' agreement, if the behavior is a result of the disability. Provides for an immediate appeal to the hearing officer if the parents disagree with the determination or the changed educational placement. Allows application to children with disabilities of the same relevant disciplinary procedures applicable to children without disabilities, if the behavior is determined to be not a manifestation of the disability. Allows a due process hearing if the parents disagree with such application of discipline. Requires States and LEAs receiving IDEA assistance to offer parents voluntary mediation procedures for disputes over provision of free appropriate public education to children with disabilities. Requires all parties in a dispute to disclose, for review, to all other parties evaluations and recommendations intended for use at the hearing. Revises the program for infants and toddlers with disabilities (under a new part C of IDEA), repealing a requirement that all State policies and assurances pertaining to programs for infants and toddlers with disabilities be filed with every application to the Department of Education. Continues provisions for a Federal Interagency Coordinating Council. Authorizes appropriations for FY 1998 through 2002. Provides for national activities to improve education of children with disabilities (under a new part D of IDEA), replacing current provisions for training personnel for the education of individuals with disabilities, and consolidating as discretionary programs certain current programs. Sets forth part D provisions for such programs under the following categories (as subparts 1 and 2): (1) State Program Improvement Grants for Children with Disabilities; and (2) Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Information. Includes under such subpart 2 provisions for Improving Early Intervention, Educational, and Transitional Services and Results for Children with Disabilities through Coordinated: 1) chapter 1 Research and Personnel Preparation; and (2) chapter 2 Technical Assistance, Support, and Dissemination of Information. Authorizes appropriations for such part D programs for FY 1998 through 2002. Authorizes State educational agencies to apply for improvement grants upon certification that a collaborative process with specified types of participants has been used in developing the State improvement plan for special education and early intervention systems. Directs the Secretary to develop and implement a comprehensive plan for activities involving coordinated research and personnel preparation, and technical assistance, support, and dissemination of information under IDEA. Requires such plan to include mechanisms to address educational, related services, transitional, and early intervention needs identified by State educational agencies in applications for State program improvement grants. Directs the Secretary to ensure that a specified portion of funds is used to: (1) provide outreach and technical assistance to Historically Black Colleges and Universities, and to institutions of higher education with minority enrollments of at least 25 percent, to promote the participation of such colleges, universities, and institutions in such research, personnel preparation, support, technical assistance, and information dissemination activities under IDEA; and (2) enable such entities to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities. Authorizes the Secretary to make grants and contracts for: (1) coordinated research and innovation; (2) studies and evaluations; and (3) various activities of national significance relating to development of personnel to work with children with disabilities, including professional development for personnel who will provide educational and related services to children with low-incidence disabilities, and personnel who will provide early intervention services to infants and toddlers with disabilities, as well as preparation of leadership personnel. Authorizes the Secretary to make grants to and contracts with parent organizations to support parent training and information centers, including community parent resource centers, as well as provide technical assistance for such centers' programs. Directs the Secretary to make competitive grants and contracts for: (1) coordinated technical assistance and dissemination; and (2) technology development, demonstration, and utilization, and media services. Title II: Miscellaneous Provisions - Amends the Elementary and Secondary Education Act of 1965 to provide for coordination of schoolwide programs with those under IDEA. (Sec. 203) Repeals specified parts of IDEA superseded by this Act.
United States · United States Congress · 6 May 1997
Declares that the Senate recognizes suicide as a national problem and declares suicide prevention a national priority, acknowledges that no single prevention program will be appropriate for all populations or communities, and encourages certain initiatives, including the development (and the promotion of accessibility and affordability) of mental health services to enable all persons at risk for suicide to obtain services without fear of stigma.
![Official portrait of Sen. Coverdell, Paul [R-GA]](https://www.congress.gov/img/member/c000813_200.jpg)