United States · United States Congress · 11 September 1997
Declares that the Congress: (1) maintains that the standard for the "Made in USA" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.
United States · United States Congress · 9 September 1997
Dual-Use Debit Cardholder Protection Act of 1997 - Amends the Electronic Fund Transfer Act to impose consumer liability for unauthorized electronic fund transfers only if the issuer has provided a unique identifier, such as a photograph (as under current law), retina scan, and other named devices with which the user can be identified as the authorized person. Eliminates a signature as such a unique identifier. Cites circumstances under which a consumer shall be liable for an unauthorized electronic fund transfer not exceeding $50 if the transfer did not require the use of a unique identifier, such as a photograph, fingerprint, or retina scan. Precludes consumer liability for unauthorized electronic fund transfers in the absence of a consumer's timely receipt of notice of liability for such transfers, and of the advisability of prompt reporting of any loss, theft, or unauthorized use. Prohibits the issuance of dual-use debit cards to initiate an electronic fund transfer without the use of a unique identifier unless certain statutory requirements are met, and the issuer has provided a clear and conspicuous disclosure that the use of such card may not require the use of a unique identifier.
United States · United States Congress · 9 September 1997
Expresses the condolences of the Congress on the death of Mother Teresa. Designates September 13, 1997, as a National Day of Recognition for the humanitarian efforts of Mother Teresa and those who have labored with her in service to the poor and afflicted of the world.
United States · United States Congress · 8 September 1997
Urges Hong Kong Chief Executive C.H. Tung and the Government of the Hong Kong Special Administrative Region to schedule and conduct elections for the first legislature of the Region according to rules approved by the Hong Kong people through an election-law convention, referendum, or both.
United States · United States Congress · 5 September 1997
Child Care Access Means Parents in School Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award grants to assist institutions of higher education in providing campus-based child care services to low-income students. Authorizes appropriations.
United States · United States Congress · 3 September 1997
Extends condolences to the people of the United Kingdom on the death of Diana, Princess of Wales. Recognizes the extraordinary impact of the Princess of Wales' humanitarian efforts around the world. Designates September 6, 1997, as a National Day of Recognition for the Humanitarian Efforts of Diana, Princess of Wales.
United States · United States Congress · 31 July 1997
Acid Deposition Control Act - Directs the Administrator of the Environmental Protection Agency to establish a Nitrogen Oxide Allowance Program under which the contiguous States and the District of Columbia will be allocated allowances, beginning in the year 2000, to emit limited monthly amounts of nitrogen oxides. Allocates such allowances in proportion to a State's share of total electric power generated in the contiguous States. Sets forth requirements for the intrastate distribution of allowances among affected facilities (facilities with combustion units that serve an electricity generator with a minimum capacity of 25 megawatts) by a State or the Administrator. Requires the Administrator to promulgate regulations: (1) authorizing allowances to be transferred among affected facilities or persons; and (2) for issuing and tracking the use and transfer of allowances. Permits unused allowances to be carried forward for subsequent years. Requires the Administrator, for States for which the Administrator distributes allowances, to place ten percent of the total allowances in a new source reserve. Provides for the auctioning and sale of undistributed allowances in such reserve during 2003 through 2005. Distributes auction proceeds to affected sources in proportion to the number of allowances that would have been received but for the auction. Authorizes the Administrator to terminate or limit allowances. Makes it unlawful, after January 1, 2000, for: (1) the owner or operator of an affected facility to emit nitrogen oxides exceeding the amount permitted by allowances held by such facility; or (2) any person to hold, use, or transfer such allowances, except as provided under this Act. Repeals the nitrogen oxides emission reduction program under the Clean Air Act. Bars the use of an allowance before the calendar year for which the allowance is allocated. Amends the Clean Air Act to require owners or operators of industrial facilities with a minimum capacity of 100 million British thermal units (mmBtus) per hour to install and operate continuous emission monitoring systems on affected units and quality assure data for sulfur dioxide, nitrogen oxides, opacity, and volumetric flow. Imposes penalties for emissions in excess of allowances. Requires offsets of allowances in the calendar year following the one in which excess emissions occurred. Decreases the amount of sulfur dioxide authorized to be emitted under an existing allowance program for 2003 and subsequent years. Requires the Administrator to report to the Congress on objectives for scientifically credible environmental indicators, including acid neutralizing capacity, sufficient to protect sensitive ecosystems of the Adirondack, Mid-Appalachian, and Blue Ridge Mountains and the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. Directs the Administrator, by December 31, 2006, to determine whether emissions reductions under this Act are sufficient to achieve such objectives and, if not, to promulgate regulations necessary to protect such ecosystems. Requires the Administrator to study and report to the Congress on the practicality of monitoring mercury emissions from all combustion units with a minimum capacity of 250 mmBtus per hour. Provides for regulations to: (1) require reporting of mercury emissions from such units; and (2) control electric utility and industrial source mercury emissions. Directs the Administrator to establish a competitive grant program to fund research related to the effects of nitrogen deposition on sensitive watersheds and coastal estuaries in the eastern United States. Requires the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the health and chemistry of certain Adirondack lakes and streams that were subjects of a specified report required under the Clean Air Act Amendments of 1990. 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
Lifetime Caps Discrimination Prevention Act - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan (and a health insurer providing coverage under a group plan) from imposing an aggregate dollar lifetime limit less than specified amounts. Exempts plans offered to or maintained for employees of employers with fewer than 20 employees.
United States · United States Congress · 31 July 1997
Calls for: (1) the President to demand that the Government of Russia take actions to stop governmental and nongovernmental entities in the Russian Federation from providing missile technology and technical advice to Iran in violation of the Missile Technology Control Regime; (2) the United States, if Russia's response is inadequate, to impose sanctions on the responsible Russian entities in accordance with Executive Order 12938 on the Proliferation of Weapons of Mass Destruction and to reassess cooperative activities with Russia; (3) raising the threshold under current law allowing for the waiver of the prohibition on the release of foreign assistance to Russia; and (4) encouragement of our European allies to take steps to stop such proliferation.
United States · United States Congress · 28 July 1997
TABLE OF CONTENTS: Title I: National Child Support Guidelines Commission Title II: Centralized Child Support Enforcement Title III: Effective Dates Child Support Reform Act of 1997 - Title I: National Child Support Guidelines Commission - Establishes the National Child Support Guidelines Commission to study and evaluate various child support guidelines used by the States, identify their benefits and deficiencies, and recommend improvements. Prescribes matters for Commission consideration. Requires the Commission to submit a final assessment to the Congress and the President on how State child support guideline models are serving custodial parents and children. Title II: Centralized Child Support Enforcement - Directs the Secretary of the Treasury to: (1) establish an Office of the Assistant Commissioner for Centralized Child Support Enforcement in the Internal Revenue Service to locate absent parents, facilitate enforcement of child support obligations, and establish a Division of Enforcement by October 1, 1997; and (2) promulgate regulations for the coordination of activities among the Office of the Assistant Commissioner for Centralized Child Support Enforcement, the Assistant Secretary for Children and Families of the Department of Health and Human Services, and the States. (Sec. 202) Amends the Social Security Act with respect to the Federal Parent Locator Service to direct the Secretary of Health and Human Services to: (1) compare information in the National Directory of New Hires against information in the support case abstracts in the Federal Case Registry of Child Support Orders at least every two business days; and (2) report matches of the two files within two business days to the Division of Enforcement for centralized enforcement. (Sec. 203) Prescribes Division of Enforcement duties. Authorizes the Office of the Assistant Commissioner for Centralized Child Support Enforcement, through the Division of Enforcement, to assess and collect unpaid arrearages under the same enforcement guidelines as pertain to a tax imposed under the Internal Revenue Code whose collection would be jeopardized by delay. Authorizes use of the Federal courts for such enforcement. (Sec. 204) Requires State plans for child and spousal support to provide for State cooperation with the Office of the Assistant Commissioner for Centralized Child Support Enforcement to facilitate information exchange regarding child support cases and the enforcement of orders by the Commissioner. Title III: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 28 July 1997
Child Support Assurance Act of 1997 - Directs the Secretary of Health and Human Services to award grants to between three and five States for demonstration projects to implement or improve a system of assured minimum child support payments. Sets forth program requirements. Requires the Secretary to report to the Congress on the effectiveness of such projects. Amends the Social Security Act to mandate State-prescribed procedures for the triennial review and adjustment of child support orders.
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 · 24 July 1997
Authorizes the President to present a gold medal to Ecumenical Patriarch Bartholomew in recognition of his outstanding and enduring contributions to religious understanding and peace. Authorizes the Secretary of the Treasury to strike duplicate medals in bronze. Authorizes appropriations from the Numismatic Public Enterprise Fund, where sales proceeds shall be deposited.
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Demand for Quality Child Care Subtitle A: Tax Benefits for Quality Child Care Subtitle B: Child Care Quality Improvement Incentive Program Subtitle C: Distribution of Information About Quality Child Care Subtitle D: Quality Child Care Through Federal Facilities and Programs Subtitle E: Miscellaneous Provisions Creating Improved Delivery of Child Care: Affordable, Reliable, and Educational Act - CIDCARE Act - Title I: Demand for Quality Child Care - Amends the Internal Revenue Code to modify the amount of the dependent care tax credit. Defines "accredited child care center," "child care credentialing or accreditation entity," and "credentialed child care professional." Makes the credit refundable for taxpayers eligible for the earned income credit. Requires an employer to make advance payments (with wage withholding payments) of dependent care amounts. (Sec. 102) Increases the dollar limits on the exclusion from employee gross income of employer payments for dependent care assistance. Includes in the definition of "dependent care assistance" payments to the employee from amounts contributed to the employee's account during the pregnancy paid within one year after contribution and while the employee, the employee's spouse, or one of their parents stays at home to care for a qualifying individual. Requires the Office of Personnel Management to establish and maintain a dependent care assistance program for employees. (Sec. 103) Amends the Social Security Act to require States to have laws requiring that child support orders enforced under certain provisions include an amount for child care services. Title II: Supply of Quality Child Care - Subtitle A: Tax Benefits for Quality Child Care - Amends the Internal Revenue Code to allow a business credit for 50 percent (with a dollar limit) of qualified child care expenses, including the acquisition, construction, rehabilitation, or expansion of property, operating costs, services contracts, and accreditation costs. Terminates the credit after 1999. (Sec. 202) Applies provisions relating to corporate charitable contributions of scientific property used for research to include contributions to: (1) accredited or certified child care centers or their support entities; (2) educational organizations; (3) certain governmental units; and (4) certain scientific research organizations. Allows the donor to repair and refurbish the property. (Sec. 203) Excludes the deduction for the accreditation and credentialing expenses for child care providers from the two-percent floor on miscellaneous itemized deductions. (Sec. 204) Allows for the care of a dependent in a home office without loss of the home office deduction. Subtitle B: Child Care Quality Improvement Incentive Program - Establishes a program of competitive grants to States to improve child care quality. Requires recipient States to: (1) establish a subsidy for certified child care providers; (2) establish a grant program to assist small businesses in operating child care programs; and (3) carry out one or more of seven specified activities. Authorizes appropriations. Subtitle C: Distribution of Information About Quality Child Care - Requires technical assistance and the collection and dissemination of information concerning the importance of high quality child care. Mandates competitive grants to certain child care credentialing or accreditation entities, with the grants used to refine and evaluate the entities' procedures. Authorizes appropriations. (Sec. 222) Mandates a grant to an eligible organization to develop and operate a technology-based child care training infrastructure in order to facilitate accreditation, credentialing, and information dissemination. Regulates grantee fund use. Authorizes appropriations. (Sec. 223) Requires that grantee to establish and operate a child care training revolving fund to make loans to enable the purchase of equipment used to disseminate training through the infrastructure. Subtitle D: Quality Child Care Through Federal Facilities and Programs - Mandates regulations: (1) requiring any child care center in an executive, legislative, or judicial facility to comply with State and local licensing requirements; and (2) specifying accreditation standards and requiring any such center to comply. Provides for enforcement. Authorizes appropriations. (Sec. 232) Requires the Corporation for National and Community Service and the Departments of Education, Housing and Urban Development, Justice, and Labor to ensure that any child care made available under any Federal financial assistance carried out by those agencies be provided by an accredited child care center or a credentialed child care professional. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to impose similar requirements on child care services made available under certain provisions. (Sec. 233) Amends the Housing and Community Development Act of 1974 to include the establishment of accredited child care centers in activities permitted to be assisted under community development provisions. Subtitle E: Miscellaneous Provisions - Amends the Higher Education Act of 1965 to allow loan repayments or cancellation for individuals employed providing child care services who have a certificate or degree in early childhood education or development. (Sec. 242) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require that each State case registry record include the custodial status of any child covered by the order involved. Requires that the Secretary of the Treasury have access to: (1) the National Directory of New Hires to verify information that is required on a tax return (currently, to verify a claim regarding employment in a tax return); and (2) the Federal Case Registry of Child Support Orders to administer Internal Revenue Code provisions granting tax benefits based on support and residence provided dependent children. Limits the minimum past due support to which offset procedures may be applied to not more than $150. Sets the withholding threshold at $150 (currently, $500).
United States · United States Congress · 15 July 1997
Urges the German Government to: (1) expand and simplify its system of reparations so that all Holocaust survivors can receive reparations regardless of their nationality, length or place of internment, or current financial situation; (2) provide reparations to Holocaust survivors in the former Soviet Union and other former Communist countries in Eastern and Central Europe; (3) fulfill its responsibilities to Holocaust victims and immediately set up a comprehensive medical fund to cover the medical expenses of all Holocaust survivors worldwide; and (4) help restore the dignity of such survivors by paying them sufficient reparations to ensure that no Holocaust survivor be forced by poverty to live in conditions worse than those generally enjoyed by the surviving former Nazis who persecuted them.
United States · United States Congress · 8 July 1997
TABLE OF CONTENTS: Title I: Amendment to the Adult Education Act Title II: Effective Date; Transition Title III: Repeals of Other Acts Title I: Amendment to the Adult Education Act - Adult Basic Education and Literacy Act - Amends the Adult Education Act to revise and rename it the Adult Basic Education and Literacy Act. Authorizes appropriations for national leadership activities and for State grants for adult education and literacy, including technical assistance in developing performance goals and uniform national performance data. Sets forth authority and priorities for Adult Education and Literacy programs, including: (1) State grants, leadership activities, administration, and plans; (2) State awarding of subgrants and contracts to eligible applicants; (3) performance goals and indicators; (4) evaluation, improvement, and accountability reports; and (5) allotments and reallotment of funds. Provides for national leadership and evaluation activities. Authorizes use of reserved funds for specified purposes, including research and development, demonstration programs, information dissemination, assessments, support for State and local capacity building, data collection, professional development, and technical assistance for distance learning and use of technology in the classroom. Authorizes the Secretary of Education to make awards for national excellence to States for specified types of program achievements. Revises provisions for the National Institute for Literacy. Sets forth conditions for waivers of certain program requirements. Title II: Effective Date; Transition - Sets forth effective date and transition provisions. Title III: Repeals of Other Acts - Repeals: (1) the National Literacy Act of 1991; and (2) specified provisions of the Higher Education Act of 1965 for grants to States for workplace and community training for incarcerated youth offenders.
United States · United States Congress · 8 July 1997
TABLE OF CONTENTS: Title I: Amendments to the Carl D. Perkins Vocational and Applied Technology Education Act Title II: Effective Dates; Transition Title III: Amendments to Other Acts Career Preparation Education Reform Act of 1997 - Title I: Amendments to the Carl D. Perkins Vocational and Applied Technology Education Act - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to: (1) rename it the Carl D. Perkins Career Preparation Education Act (the Act); (2) revise it; and (3) extend the authorization of appropriations through FY 2002. (Sec. 101) Provides that, under the Act, career preparation education programs, services, and activities are those that: (1) support the development, implementation, or improvement of State School-to-Work systems, as set forth in title I of the School-to-Work Opportunities Act of 1994; or (2) otherwise prepare students for employment and further learning in technical fields. Replaces the current title I, Vocational Education Assistance to the States, with a new title I, Preparing Students for Careers. Sets forth a new title I, part A, Career Preparation Education. Directs the Secretary of Education to make grants to States (which will make subgrants to localities) for career preparation, programs, services, and activities. Sets forth requirements for such career preparation education programs and priorities, State leadership activities, State plans, local activities, local applications, performance goals and indicators, evaluation, improvement, and accountability, allotments, and within-State allocation and distribution of funds. Revises, under a new title I part B, program elements for Tech-Prep Education (currently under title III part E). Revises requirements for State grants for tech-prep education programs, eliminating discretionary Federal grants for such programs. Sets forth requirements for State leadership activities and plans, local activities and consortia applications, program evaluation, and allotment and distribution of funds. Replaces the current title II, Basic Grants for Vocational Education, with a new title II, National Support for State and Local Reforms (which revises some of the current title IV, National Programs). Authorizes the Secretary to: (1) make awards for excellence to States; (2) carry on certain national research, development, dissemination, evaluation, capacity-building, and technical assistance activities; (3) support professional development activities for educators; and (4) establish one of more national centers in the areas of applied research and development and of dissemination and training. Directs the Secretary to carry out certain activities related to: (1) national assessment; and (2) data systems. Continues the National Occupational Information Coordinating Committee. Provides for reservation of funds for career preparation education for Indians and Native Hawaiians. Replaces the current title III, Special Programs, with a title III, General Provisions (currently title V). (Eliminates all such special programs, except Tech-Prep Education which is transferred to title I, part B.) Title II: Effective Dates; Transition - Sets forth effective date and transition provisions. Title III: Amendments to Other Acts - Amends the following Acts with respect to references to the Act and to the School-to-Work Opportunities Act of 1994: the Job Training Partnership Act, the School-to-Work Opportunities Act of 1994, the Elementary and Secondary Education Act of 1965, the Goals 2000: Educate America Act, the Higher Education Act of 1965, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Displaced Homemakers Self-Sufficiency Assistance Act, the Wagner-Peyser Act, the Equity in Educational Land-Grant States Act of 1994, the Nontraditional Employment for Women Act, and the Training Technology Transfer Act of 1988.
United States · United States Congress · 27 June 1997
Latin American Arms Control Act of 1997 - Expresses the sense of the Senate that the President should respect the request of Latin American heads of government for a two-year moratorium on the sale or other transfer of highly advanced weapons to Latin American countries while proposals for regional arms restraint are studied. Prohibits the sale or transfer, issuance of an export license, or financing of the sale or export of highly advanced weapons to Latin American countries. States that this prohibition does not apply to any sale, sales, financing, or license permitted by an international agreement that provides for restraint: (1) in the purchase of highly advanced weapons by countries in Latin America; or (2) in the sale or other transfer of highly advanced weapons to countries in Latin America.
United States · United States Congress · 27 June 1997
Urges the President to: (1) appoint a high level task force to develop a comprehensive program for addressing domestic and international drug trafficking and drug consumption and related crimes, with particular attention to fashioning a multilateral framework for improving international cooperation in combating illegal drug trafficking; (2) designate the Director of the Office of National Drug Policy to chair the task force; (3) call upon the heads of state of major illicit drug producing, drug transit, and money laundering countries to establish similar high level task forces; and (4) call for the convening of an international summit of all interested governments to be hosted by an international organization mutually agreed to by the parties for the purpose of reviewing the findings and recommendations of the U.S. task forces and adopting a counternarcotics plan of action for each country. Makes provisions of the Foreign Assistance Act of 1961, relating to annual certification procedures for assistance for drug-producing and drug-transit countries, inapplicable in 1998 and 1999. Authorizes the President to waive the applicability of such provisions in 2000 upon determining that the waiver would facilitate the enhancement of U.S. international narcotics control programs.
United States · United States Congress · 26 June 1997
Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health. Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires the Administrator to issue guidance for the delegation of State testing, monitoring, and posting programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.
United States · United States Congress · 25 June 1997
Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission to direct a person to pay 50 percent of the amount of any civil penalty to local communities to protect them from the adverse impact of a violation of such Act or of the decommissioning of a facility under it.
United States · United States Congress · 20 June 1997
Amends Federal aviation law to declare that nothing in such law or in the Death on the High Seas Act shall affect any remedy existing at common law or under State law with respect to any injury or death arising out of any aviation incident occurring on or after January 1, 1995.
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
Landmine Elimination Act of 1997 - Prohibits, beginning on January 1, 2000, funds appropriated or otherwise available to any Federal department or agency from being obligated or expended for new deployments of anti-personnel landmines. Requires the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Allows the President to delay application of the prohibition with respect to the Peninsula if, not later than January 1, 2000, and each year thereafter, the President certifies the Congress that new deployments of anti-personnel landmines on the Peninsula in the event of a Korean war or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year.
United States · United States Congress · 12 June 1997
Municipal Solid Waste Disposal Act of 1997 - Amends the Solid Waste Disposal Act to authorize States, political subdivisions, and public service authorities to exercise flow control authority for municipal solid waste and for recyclable materials voluntarily relinquished by the owner or generator that are generated in their jurisdictions by directing such waste and materials to waste management facilities, public service authorities, or recyclables facilities if such authority: (1) had been exercised before and was being implemented on May 15, 1994, pursuant to a law, regulation, or other legally binding provision or had been exercised before such date without regard to whether implementation was prevented by injunction, temporary restraining order, or other court action or was suspended by the State or political subdivision because of such actions; or (2) has been implemented by designating before such date the particular waste facilities or public service authorities in operation as of such date (or before but temporarily inoperative on such date) to which the waste or recyclable materials is to be delivered. Limits such authority to categories of waste to which flow control authority requiring a movement to a facility was applied on or before May 15, 1994, or to the specific categories for which a State, political subdivision, or public service authority, before such date, had committed to the designation of a facility. Establishes additional flow control authority for States or political subdivisions that, on or before January 1, 1984, adopted regulations that required the transportation, management, or disposal of solid waste from residential, commercial, institutional, or industrial sources to waste management facilities. Authorizes a political subdivision to exercise such authority notwithstanding the requirement that facilities are designated before such date if the subdivision has taken specified actions, prior to such date, to commit to the designation of a facility to be constructed. Lists additional conditions under which political subdivisions, including State solid waste management districts, may exercise such authority. States conditions under which a political subdivision, if it had State authority to do so before May 15, 1994, may exercise flow control authority over waste generated within its jurisdiction. Permits States or political subdivisions, on the request of a municipal solid waste generator, to authorize the diversion of waste generated by such generator to an alternative solid waste facility where such diversion would provide a higher level of health and environmental protection or reduce potential liability of the generator under Federal or State law. Permits the exercise of flow control authority only if the State or political subdivision certifies that revenues derived from such authority will be used solely for solid waste management services. Considers laws, regulations, or acts of States or political subdivisions that implement flow control authority to be a reasonable regulation of commerce. Prohibits application of the exercise of flow control authority to any facility that is listed on the National Priorities List under the Comprehensive Environmental, Response, Compensation, and Liability Act or, as of May 15, 1994, was the subject of a pending proposal by the Administrator of the Environmental Protection Agency to be so listed.
United States · United States Congress · 11 June 1997
National Underground Railroad Network to Freedom Act of 1997 - Requires the Secretary of the Interior to establish in the National Park Service (NPS) a program to be known as the National Underground Railroad Network to Freedom under which the Secretary shall: (1) produce and disseminate educational materials about the Railroad; (2) provide technical assistance to other government agencies, private entities, or the Governments of Canada, Mexico, or any appropriate Caribbean country to ensure coordination of Federal and non-Federal elements of the Network; and (3) regulate use of an official symbol for the Network. Includes within the Network: (1) NPS units or programs pertaining to the Underground Railroad; (2) Federal, State, local, or privately-owned properties pertaining to the Railroad that have a verifiable connection to it and that are included or eligible for inclusion on the National Register of Historic Places; and (3) governmental or nongovernmental facilities or programs of educational, research, or interpretive natures that are directly related to such Railroad. Authorizes appropriations.
United States · United States Congress · 11 June 1997
Fair ATM Fees for Consumers Act - Amends the Electronic Fund Transfer Act to proscribe the assessment of an electronic terminal surcharge (ATM fee) against a consumer if the transaction: (1) neither relates to nor affects an account held by the consumer with the financial institution that owns or operates the electronic terminal; (2) is conducted through a national or regional electronic banking network.
United States · United States Congress · 10 June 1997
Employment Non-Discrimination Act of 1997 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority or office to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits related retaliation and coercion. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits: (1) quotas and preferential treatment; and (2) the Equal Employment Opportunity Commission from entering into a consent decree that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees and applicants.
United States · United States Congress · 5 June 1997
TABLE OF CONTENTS: Title I: Improving Patient Access Title II: Increasing Access to Expertise and Resources Title III: Improving Collaboration and Communication Title IV: Improving Certainty and Clarity of Rules Title V: Improving Accountability Title VI: Increasing Resources by Setting Priorities Title VII: Fees Relating to Drugs Title VIII: Miscellaneous Food and Drug Administration Modernization and Accountability Act of 1997 - Title I: Improving Patient Access - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth a Food and Drug Administration (FDA) mission statement. (Sec. 102) Authorizes any person, through a licensed practitioner, to request, and any manufacturer or distributor to provide, an investigational drug, biological product, or device for the diagnosis, monitoring, or treatment of a serious condition (or any other condition designated by the Secretary of Health and Human Services) if specified requirements are met. (Sec. 103) Modifies effectiveness exception requirements for devices relating to conditions that affect fewer than 4,000 individuals in the United States. Title II: Increasing Access to Expertise and Resources - Mandates programs and policies that foster collaboration between the FDA, the National Institutes of Health, and other science-based Federal agencies. (Sec. 202) Declares the sense of the Senate Labor and Human Resources Committee concerning international regulatory harmonization regarding drugs, biological products, devices, foods, food additives, color additives, and good manufacturing practices. (Sec. 203) Authorizes a contract with any organization or individual with relevant expertise to review, evaluate, and make recommendations on part or all of any application or submission regarding approval of a biological product. Mandates use of that authority when such a contract will improve a review's timeliness or quality. (Sec. 204) Mandates accreditation of non-governmental entities to review and make recommendations regarding submissions under provisions relating to reports preceding the introduction of devices into interstate commerce. (Sec. 205) Authorizes recognition of all or part of a performance standard established by a nationally or internationally recognized standard development organization for which a person may submit a conformity declaration. Title III: Improving Collaboration and Communication - Directs the Secretary: (1) on request of a person intending to submit a premarket approval application, to meet with the person to determine the type of scientific evidence of effectiveness that will be necessary; and (2) to meet with a premarket approval applicant to discuss the application's review status and, prior to that meeting, to notify the applicant in writing of application deficiencies. Title IV: Improving Certainty and Clarity of Rules - Mandates (after evaluation of the Good Guidance Practices document published in the Federal Register) promulgation as a regulation of FDA policies and procedures for the development, issuance, and use of guidance documents. (Sec. 402) Allows a person who submits an application or submission to submit a request regarding: (1) classification of the article as a drug, biological product, or device; or (2) the FDA component that will regulate the article. (Sec. 403) Allows, six years after application approval, use by the Secretary of application information in approving devices, determining whether product development protocols have been completed, establishing a performance standard or special control, and classifying devices. (Sec. 404) Requires, in determining premarket approval and substantial equivalence, reliance on the proposed labeling's use conditions. (Sec. 405) Defines "day" for provisions relating to review of any application or submission. (Sec. 406) Sets review time limits regarding initial classification and premarket approval. (Sec. 407) Prohibits withholding initial classification because of a failure to comply with any FDCA provision unrelated to a substantial equivalence decision, including a failure to comply with good manufacturing practice requirements. (Sec. 408) Mandates a regulation specifying the general principles considered in determining whether a specific intended device use is not reasonably included in a general use of the device for purposes of a substantial equivalence determination. (Sec. 409) Declares that device effectiveness is to be determined by well-controlled investigations, including one or more clinical investigations (currently, including clinical investigations). Allows the Secretary, if the Secretary determines that only one investigation is required for new drug approval, to require supporting scientific evidence obtained prior to or after the investigation. (Sec. 410) Repeals provisions prohibiting using, on any drug or device label, any suggestion of approval under FDCA new drug, premarket approval, or investigational use exemption provisions. Title V: Improving Accountability - Directs the Secretary to publish: (1) a plan bringing the Secretary into compliance with each of the Secretary's obligations under the FDCA and other statutes; and (2) an annual report on the Secretary's performance under the plan. Title VI: Increasing Resources by Setting Priorities - Mandates modification of specified Federal Regulations regarding the procedures and conditions under which a device may be granted an exemption from certain FDCA requirements. Requires the regulation to permit developmental device changes without requiring additional application approval in specified circumstances. Directs the Secretary (for premarket approval) to accept and review information from investigations conducted under the authority of regulations required by investigational exemption provisions. Requires a supplemental application for a change that affects a device's safety or effectiveness, subject to exception. Regulates review of supplemental applications. (Sec. 602) Declares that no action by the Secretary under the FDCA shall be subject to an environmental assessment or impact statement or other environmental consideration, subject to exception. (Sec. 603) Mandates publication of a list of each type of class II device that does not require a report prior to introduction into interstate commerce. Exempts those types from the reporting requirement. Provides for petitioning for exemption of a type. (Sec. 604) Modifies requirements regarding: (1) reporting prior to introduction into interstate commerce; and (2) initial classification and reclassification of certain devices. (Sec. 606) Empowers any patient receiving a device subject to tracking to refuse to release (or refuse permission to release) identifying information for tracking purposes. Mandates publication of a list identifying each type of device subject to tracking. Deems any device not identified exempt from mandatory tracking. (Sec. 607) Modifies postmarket surveillance requirements. (Sec. 608) Removes: (1) references to distributors in provisions relating to recordkeeping and reporting; and (2) a requirement that each manufacturer, importer, and distributor submit an annual certification. (Sec. 609) Mandates approval of a new drug application based on information from a small facility. (Sec. 610) Sets forth requirements regarding radiopharmaceuticals designed for diagnosis and monitoring of diseases and conditions. (Sec. 611) Amends the Public Health Service Act to revise requirements regarding: (1) introducing biological products into interstate commerce, including related license approval and labeling requirements; and (2) inspection of biological product facilities. (Sec. 612) Amends the FDCA to allow approval of a supplement to an approved application for an additional use of a drug based on literature, clinical experience, or scientific evidence. (Sec. 613) Requires that a health care economic statement included in labeling or advertising provided to a formulary committee, managed care organization, or similar entity with responsibility for drug selection be competent and reliable. Makes any such statement subject solely to this section. (Sec. 614) Directs the Secretary to facilitate development and expedite approval of new drugs and biological products intended for serious conditions and that demonstrate the potential to address unmet medical needs for those conditions. Terms such products "fast track drugs." Sets forth designation requirements and procedures. (Sec. 615) Regulates changes in the manufacture of a new drug or biological product. (Sec. 616) Mandates guidance that describes when abbreviated study reports in lieu of full reports may be submitted with a new drug application for certain types of studies. (Sec. 617) Deems a food contact substance (a substance used as a component of materials used in manufacturing, packing, packaging, transporting, or holding food, but not intended to have any technical effect in the food) unsafe and the food adulterated unless: (1) there is (and the substance is in conformity with) a regulation prescribing the conditions under which the substance may be safely used; or (2) the manufacturer has notified the Secretary of the identity and intended use of the substance and the manufacturer's or supplier's determination that the substance is safe under a specified standard. (Sec. 618) Allows a health claim to be made regarding the relationship of a food to a disease or health-related condition if: (1) an authoritative scientific body of the U.S. Government with official responsibility for public health protection or research directly relating to human nutrition or the National Academy of Sciences has published statements, conclusions, or recommendations in effect recognizing that relationship; and (2) the manufacturer or distributor has notified the Secretary of the claim. (Sec. 619) Allows for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies. Mandates development, publication, and annual updating of a list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population. Title VII: Fees Relating to Drugs - Prescription Drug Users Fee Reauthorization Act of 1997 - Amends provisions concerning fees relating to drugs to revise and add various definitions. (Sec. 704) Makes the fee (currently, 50 percent of the fee) for human drug applications or supplements due on submission. Mandates a refund of 75 (currently, 50) percent if the application or supplement is refused for filing. Exempts from the fee: (1) an application for a drug for a rare condition (orphan drug) or a supplement proposing a new indication for a rare condition; and (2) certain applications or supplements including an indication for use in pediatric populations. Allows fee refund if an application or supplement is withdrawn. Modifies requirements regarding: (1) the annual prescription drug establishment fee; (2) the prescription drug product fee; (3) fee amounts; (4) fee adjustments; (5) fee waiver or reduction; (6) assessment of fees; and (7) crediting and availability of fees (including authorizing appropriations). (Sec. 707) Terminates, on a specified date, the effectiveness of the amendments made by this title. Title VIII: Miscellaneous - Requires (currently, allows) a foreign establishment that manufactures, processes, etc., a drug or device to register with the Secretary. Authorizes cooperative agreements with foreign countries to ensure that means are available to determine whether drugs or devices from such an establishment shall be refused admission to the United States on the grounds specified in existing provisions. (Sec. 802) Replaces the requirement that prescription-only drugs bear the label phrase "Caution: Federal law prohibits dispensing without prescription" with a minimum requirement of a label designation "Rx only." Removes provisions requiring that certain substances be labeled "Warning--May be habit forming." (Sec. 803) Requires that any person seeking to export an imported article under provisions relating to the disposition of goods after a decree of condemnation establish that the article was intended for export at the time the article entered commerce. (Sec. 804) Authorizes, directly or through grants, contracts, or cooperative agreements, the conduct and support of research training in regulatory scientific programs by predoctoral and postdoctoral scientists and physicians, including the use of fellowships. Authorizes the support of fellowships through a Cooperative Research and Development Agreement. (Sec. 805) Deems a device that is, or purports to be, subject to a performance standard or special control: (1) adulterated unless it conforms to the standard or special control; or (2) misbranded unless it bears labeling as prescribed in the standard or special control. (Sec. 806) Empowers the Secretary to require the submission of samples and component samples of a device: (1) in connection with a recall; and (2) if the device may have caused or contributed to a serious injury. (Sec. 807) Modifies the FDCA definition of "interstate commerce" to include any article or class of articles that directly or indirectly affects interstate commerce. Provides for the condemnation of any adulterated or misbranded device, food, drug, or cosmetic (currently, any adulterated or misbranded device). Presumes the existence of a connection with interstate commerce in any action to enforce FDCA requirements regarding a device, food, drug, or cosmetic (currently, regarding a device).
United States · United States Congress · 5 June 1997
DES Research and Education Amendments of 1997 - Amends the Public Health Service Act to reauthorize and permanently extend the following programs regarding the drug diethylstilbestrol (commonly known as DES): (1) the research and training program; and (2) the new national program of education. Directs the Secretary of Health and Human Services, acting through the heads of the appropriate agencies of the Public Health Service, to carry out a national program for the education of health professionals and the public with respect to DES, from amounts appropriated for carrying out the research and training program. Requires such national program to use methodologies developed through the education demonstration program carried out under the Act. Directs the Secretary to consult closely with representatives of nonprofit private entities that represent individuals who have been exposed to DES and that have expertise in community-based information campaigns for the public and for health care providers. Requires the implementation of the national program to begin during FY 1998.
United States · United States Congress · 22 May 1997
Services for Children of Substance Abusers Reauthorization Act - Amends the Public Health Service Act to require that the Director of the Substance Abuse and Mental Health Services Administration (currently, the Administrator of the Health Resources and Services administration) make grants for: (1) services for children and families of substance abusers; (2) identification of such children and families; and (3) education and training of providers of such services. Adds alcohol and drug evaluation, treatment, and prevention to the services to be provided to children (replacing provisions mandating preventive counseling services). Allows services to be delivered to families through an entity that meets State licensure or certification requirements for that service. Mandates aggressive outreach to family members with substance abuse problems. Modifies requirements regarding: (1) mandated services for substance abusers; (2) grant eligibility; and (3) information submitted by grant applicants. Removes provisions mandating: (1) coordination with the State lead agency and the State Interagency Coordinating Council under the Individuals with Disabilities Education Act; and (2) peer review as part of the grant awarding process. Authorizes grants for the training of personnel who provide services to vulnerable children and families to assist the professionals in recognizing drug and alcohol problems and to enhance their skills in identifying and obtaining substance abuse prevention and treatment resources. Authorizes appropriations.
United States · United States Congress · 22 May 1997
Substance Abuse Treatment for Adolescents Act - Amends the Public Health Service Act to require that a minimum percentage or amount of funds appropriated under provisions relating to the Center for Substance Abuse Treatment be used for adolescent specific substance abuse treatment programs, including the provision of services and the conduct of evaluations and research on the effects of the services.
United States · United States Congress · 22 May 1997
Expresses the sense of the Congress that the Administrator of the Environmental Protection Agency should: (1) immediately release to the Congress the study of mercury emissions required under the Clean Air Act to have been completed by November 15, 1994; (2) initiate a pilot program for landfill air emission tests for mercury in the Northeast and nationally; and (3) not exempt mercury-containing lamps from hazardous waste regulations, but instead adopt universal waste rules that foster mercury recycling.
United States · United States Congress · 20 May 1997
Equity in Prescription Insurance and Contraceptive Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.
United States · United States Congress · 20 May 1997
Declares four named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fee.
United States · United States Congress · 16 May 1997
Federal Electronic and Information Technology Accessibility Compliance Act of 1997 - Amends the Rehabilitation Act of 1973 to require Federal agencies to provide certification of compliance with electronic and information technology accessibility guidelines for individuals with disabilities. Requires the Director of the Office of Management and Budget to establish uniform certification procedures. Requires that States continue to comply with such guidelines.
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 · 7 May 1997
Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to allow for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies. Mandates development, publication, and annual updating of a list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population.