United States · United States Congress · 20 May 1997
Safety and Health Advancement Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to conduct an independent review of the draft final standard and the scientific literature and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Establishes the use of alternative safe methods as an affirmative defense for employers. (Sec. 9) Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request and for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 14) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards.
United States · United States Congress · 19 May 1997
Safe Schools Act of 1997 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency that receives ESEA funds to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia (or, as under current law, in possession of a gun) on school property. Renames the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1997.
United States · United States Congress · 16 May 1997
Savings Are Vital to Everyone's Retirement Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to direct the Secretary of Labor to maintain an ongoing public outreach program to effectively promote retirement income savings by workers through: (1) public service announcements; (2) public meetings; (3) educational materials; and (4) a permanent site on the Internet. Requires such program to disseminate information including: (1) a description of the common types of retirement income savings arrangements available to both individuals and employers, including small businesses; (2) a means for individuals to calculate their estimated retirement savings needs; and (3) an explanation for employers of how to establish and maintain different retirement savings arrangements for their workers. Directs the President to convene a National Summit on Retirement Savings no later than June 1, 1998, and again in September 2001 and September 2005. Authorizes appropriations.
United States · United States Congress · 15 May 1997
Directs the Secretary of Transportation to allocate among the States amounts sufficient to ensure that a State's share of fiscal year apportionments and prior fiscal year allocations from the Highway Trust Fund is not less than the estimated tax payments into the Fund attributable to highway users in the State for the fiscal year.
United States · United States Congress · 15 May 1997
Missing Persons Authorities Improvement Act of 1997 - Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 14 May 1997
TABLE OF CONTENTS: Title I: Reforms Subtitle A: Operational Reforms Subtitle B: Procurement Subtitle C: Employee Protection Reforms Subtitle D: Use of Railroad Facilities Title II: Fiscal Accountability Title III: Authorization of Appropriations Title IV: Miscellaneous Amtrak Reform and Accountability Act of 1997 - Title I: Reforms - Subtitle A: Operational Reforms - Amends Federal transportation law to direct the National Railroad Passenger Corporation (Amtrak) to operate as a national rail passenger transportation system which provides access to all areas of the country and ties together existing and emergent regional rail passenger corridors and other intermodal passenger service. Repeals the condition that Amtrak provide intercity rail passenger transportation within the basic system unless it is provided by: (1) rail carriers without a contract with Amtrak; or (2) regional transportation authorities under contract with Amtrak. (Sec. 101) Repeals Amtrak's mandate to continue to carry out a specified plan to improve rail passenger transportation. Increases from 90 days to 180 days before a discontinuance the deadline for notice that Amtrak must give of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons. Repeals Amtrak's mandates for: (1) annual cost and performance reviews of Amtrak routes in the basic system; and (2) provision of special commuter transportation. (Sec. 102) Repeals: (1) Amtrak's mandate to take action to increase its mail and express transportation revenues; (2) the authority of others besides Amtrak to provide auto-ferry transportation over any route; (3) the requirement of congressional review of amendments to route and service criteria with respect to route discontinuances and additions; (4) the mandate for Amtrak to provide rail passenger transportation over certain additional qualifying routes; and (5) authority for the Amtrak Commuter (thus abolishing it as an Amtrak subsidiary). (Sec. 106) Exempts certain commuter authorities from paying a tax or fee to the same extent that Amtrak is exempt. Declares that such exemption is without prejudice to Amtrak's retention of trackage rights over property owned or leased by commuter authorities. (Sec. 107) Authorizes Amtrak, with a specified exception, to contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only if certain conditions are met. Urges Amtrak and motor common carriers of passengers to use specified authority to provide improved service to the public and economy of operation. (Sec. 108) Authorizes Amtrak and motor carriers of passengers, subject to Surface Transportation Board review, to: (1) combine their respective services and facilities to the public as a means of increasing revenue; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 109) Authorizes Federal employees to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis. Subtitle B: Procurement - Repeals the prohibition against contracting out work normally performed by bargaining unit employees covered by a contract between a labor organization and Amtrak, if the contracting out results in the layoff of a bargaining unit employee. (Sec. 121) Provides that notices to Amtrak employees regarding all issues relating to contracting out shall be deemed served and effective 45 days after enactment of this Act. Declares that such notice shall not be required in situations involving: (1) the scope or classification of work performed by an Amtrak employee; (2) the contracting out of work involving food and beverage services provided on Amtrak trains; or (3) the contracting out of work not resulting in the layoff of Amtrak employees. Requires the National Mediation Board to complete all efforts with respect to the contracting out dispute not later than 120 days after enactment of this Act. Authorizes parties to such dispute to agree to submit it to arbitration under the Railway Labor Act. Declares that nothing in this subtitle shall be precedent for the resolution of any dispute between a freight railroad and any labor organization representing that railroad's employees. Subtitle C: Employee Protection Reforms - Provides that notices to Amtrak employees regarding employee protective arrangements and severance benefits, including all provisions of Appendix C-2 to the National Railroad Passenger Agreement, signed July 5, 1973, shall be deemed served and effective 45 days after enactment of this Act. (Sec. 141) Requires the National Mediation Board to complete all efforts with respect to the dispute over such arrangements and benefits not later than 120 days after enactment of this Act. Authorizes parties to such dispute to agree to submit it to arbitration under the Railway Labor Act. (Sec. 142) Repeals certain requirements for fair and equitable employee protective arrangements in the event of a discontinuance of intercity rail passenger service (effectively eliminating such contracts). Subtitle D: Use of Railroad Facilities - Makes enforceable any contracts between Amtrak and its passengers, the Alaska Railroad and its passengers, or private railroad car operators and their passengers regarding claims for personal injury, death, or damage to property in connection with the provision of rail transportation, if: (1) punitive or exemplary damages, where permitted, are not limited to less than two times compensatory damages awarded to any claimant, or $250,000, whichever is greater; and (2) passengers are provided adequate notice of any contractual limitation or waiver or choice of forum. (Sec. 161) Declares that any obligation of a party, however arising, to indemnify against damages or liability for personal injury, death, or damage to property, shall be enforceable, notwithstanding any other statutory or common law or public policy, or the nature of the conduct giving rise to such damages or liability. Title II: Fiscal Accountability - Directs Amtrak to prepare a financial plan to operate within specified funding levels, including budgetary goals for FY 1998 through 2002. Requires Amtrak within five years after enactment of this Act to operate without the need for Federal operating grant funds. (Sec. 202) Directs the Secretary to contract with an independent entity to conduct an independent assessment of the financial requirements of Amtrak through FY 2002. (Sec. 203) Establishes as a independent commission the Amtrak Reform Council to: (1) evaluate Amtrak's performance; and (2) make recommendations for achieving further cost containment and productivity improvements, and financial reforms. Authorizes appropriations. (Sec. 204) Directs the Council to notify the President and specified congressional committees if it finds that: (1) Amtrak's business performance will prevent it from meeting its financial goals; or (2) Amtrak will require operating grant funds five years after enactment of this Act. Requires the Council, after making such a finding, to develop and submit to the Congress an action plan for: (1) a restructured and rationalized intercity rail passenger system; and (2) the complete liquidation of Amtrak. (Sec. 207) Exempts Amtrak (and Amtrak subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by Amtrak (or a subsidiary), or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities. Title III: Authorization of Appropriations - Authorizes appropriations for Amtrak for capital expenditures, operating expenses, and certain mandatory payments. Title IV: Miscellaneous - Extends from October 15, 1996, to October 15, 2001, the deadline for retrofitting certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 403) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) a plan for demonstrating new technology in rail passenger equipment; and (3) a program master plan for a Boston-New York main line. (Sec. 406) Declares that Amtrak shall be responsible for its share, if any, of the costs of accessibility improvements at any station jointly used by Amtrak and a commuter authority. Declares that Amtrak shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until January 1, 1998. (Sec. 408) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 410) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high speed rail service, to enter into interstate compacts to promote such service. (Sec. 411) Amends Federal transportation law to revise the number and composition of the board of directors of Amtrak.
United States · United States Congress · 14 May 1997
Adoption Promotion Act of 1997 - Amends the Social Security Act to require a State to initiate or join proceedings to terminate parental rights for children under age ten who have been in foster care under State responsibility for 12 months of the most recent 18 months. (Sec.3 ) Directs the Secretary to make adoption incentive payment grants to States for the number of foster child adoptions and special needs adoptions that exceed the base number of such adoptions for the fiscal year. Authorizes appropriations. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to enactment of appropriations to the Department of Health and Human protection demonstration projects. (Sec. 4 ) Provides for earlier notice of reviews and hearings for foster parents and pertinent relatives providing kinship care. (Sec. 5) Requires the Secretary of Health and Human Services to: (1) report and make recommendations to specified congressional committees on the extent to which children in foster care are placed in the care of a relative (kinship care); and (2) establish an advisory panel to review such report. (Sec. 6) Authorizes use of the parent locator service in termination of parental rights proceedings. (Sec. 7) Instructs the Secretary to: (1) develop a set of outcome measures to assess the performance of States in operating child protection and welfare programs; and (2) report annually to the Congress on the performance of each State on each outcome measure. (Sec. 8) Prescribes guidelines for technical assistance to help States and local communities reach their targets for increased numbers of adoptions and alternative permanent placements for children in foster care (including development of programs that place children into pre-adoptive families without waiting for termination of parental rights). (Sec.9) Modifies the eligibility criteria for Independent Living Services. (Sec. 10) Prescribes procedural guidelines for the Secretary to award limited coordinated services demonstration grants to the appropriate juvenile courts to place children in foster care or other out-of-home care. Authorizes appropriations.
United States · United States Congress · 8 May 1997
TABLE OF CONTENTS: Title I: Reform of Existing Programs Title II: Incentive Grants for Accountability-Based Reforms Title III: Reform of Federal Juvenile Justice System Title IV: General Provisions Juvenile Crime Control and Community Protection Act of 1997 - Title I: Reform of Existing Programs - Revises Juvenile Justice and Delinquency Prevention Act of 1974 (the Act): (1) findings to specify that juvenile delinquency requires action by Federal, State, and local governments (currently, the Federal Government); and (2) purposes to include assisting State and local governments in promoting public safety by improving the openness of the juvenile justice system to the public and by encouraging the identification of violent and hard-core juveniles and transferring them into adult criminal court jurisdiction. (Sec. 103) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop objectives, priorities, and a long-term plan, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile delinquency programs and activities relating to punishment and to submit such plan to the Congress. Replaces certain requirements regarding the Administrator's duties with a requirement that he reduce duplication among Federal juvenile delinquency programs and activities. Repeals requirements that the Administrator: (1) consult with the Coordinating Council on Juvenile Justice and Delinquency Prevention; and (2) require certain Federal agencies to submit annual juvenile delinquency development statements to the Council. (Sec. 104) Requires the Administrator to submit to the President, specified congressional leaders, and the Governor of each State a report containing data and analysis regarding the rate at which juveniles are taken into custody, the numbers of juveniles taken into custody, repeat offenders, juveniles using weapons, and juvenile and adult victims of juvenile crime, and trends. (Sec. 105) Amends Act provisions regarding block grants for State and local programs to authorize the Administrator to: (1) make grants to charitable and religious organizations and for specified purposes such as initiatives for holding juveniles accountable for acts of delinquency and improving juvenile court and law enforcement records; and (2) use specified sums to establish and maintain a clearinghouse to disseminate to the States information on juvenile delinquency prevention, treatment, and control, and to provide training and technical assistance. (Sec. 106) Repeals a requirement that a State plan for carrying out a State's purposes applicable to a three-year period under such Act be amended annually to include new programs and challenge activities subsequent to State participation. Rewrites provisions regarding an advisory group to require that it include: (1) members who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice (including law enforcement), and the representation of the interests of the victims of violent juvenile crime and their families; and (2) as members at least one locally elected official representing general purpose local government. Requires the State plan to provide assurances that, in each secure facility located in the State, there is no commingling in the same cell or community room or any other regular, sustained physical contact between a juvenile and an adult offender. (Sec. 107) Repeals various Act programs, including provisions regarding the National Institute for Juvenile Justice and Delinquency Prevention, special emphasis prevention and treatment programs, State challenge activities, treatment for juvenile offenders who are victims of child abuse or neglect, mentoring, boot camps, and the White House Conference on Juvenile Justice. Title II: Incentive Grants for Accountability-Based Reforms - Amends the Act to direct the Administrator to provide juvenile delinquent accountability grants to States that have: (1) policies and programs that ensure that juveniles who commit an act after attaining age 14 that would be a serious violent crime if committed by an adult are treated as adults for prosecution purposes, unless on a case-by-case basis, as a matter of law or prosecutorial discretion, the transfer of such juveniles for disposition in the juvenile system is determined to be in the interest of justice (but the juvenile's age alone shall not be determinative of whether such transfer is in the interest of justice); (2) graduated sanctions for juvenile offenders; and (3) a specified system of records relating to juveniles under age 15 who are adjudicated delinquent for conduct that if committed by an adult would constitute a serious violent crime. Makes such records available to law enforcement agencies, prosecutors, the courts, and school officials. Subjects school officials to the same standards applicable to law enforcement and juvenile justice system employees under Federal and State law for handling and disclosing such information. Makes such States eligible for additional sums upon demonstrating compliance with specified accountability-based youth violence reduction practices, such as mandatory victim and community restitution (including statewide programs to reach restitution collection levels of not less than 80 percent), public access to juvenile court delinquency proceedings, zero tolerance for truancy and for deadbeat juvenile parents, and specified recordkeeping and fingerprinting requirements for juveniles under age 14 who commit acts which, if committed by an adult, would constitute a felony under Federal or State law. Title III: Reform of Federal Juvenile Justice System - Directs the United States Sentencing Commission to promulgate, or amend existing, guidelines to provide that offenses contained in the juvenile record of an adult defendant shall be considered as adult offenses in sentencing determinations if such juvenile offenses would have constituted a felony had they been committed by the defendant as an adult. (Sec. 302) Amends: (1) the Federal criminal code to provide for the release of juvenile records as necessary to meet inquiries from officials of a school, school district, or any postsecondary school where the individual who is the subject of the record seeks, intends, or is instructed or ordered to enroll (school officials); (2) the Individuals with Disabilities Education Act to authorize the referral of children with disabilities to juvenile and criminal authorities when such a child commits a criminal act; (3) the Federal judicial code to authorize the Director of the Federal Bureau of Investigation, Identification Division, to provide, upon request, certain information received under the Act to school officials; and (4) the Act to require the prosecution of a juvenile defendant age 14 or older as an adult if such juvenile is charged with specified offenses, including murder, robbery while armed with a deadly weapon, forcible rape, certain serious drug offenses, and a third or subsequent occasion on which such juvenile engages in conduct for which an adult could be imprisoned for a term exceeding one year, with exceptions. Title IV: General Provisions - Modifies the Act to authorize appropriations through FY 2002 for the Office, for block grants for State and local programs, and for incentive grants for accountability-based reforms. Specifies that the source of such appropriations may be the Violent Crime Reduction Trust Fund.
United States · United States Congress · 8 May 1997
Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) State responsibilities and cooperation between Federal and State authorities.
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 · 8 May 1997
Cancer Research Fund Act of 1997 - Amends the Public Health Service Act to establish in the Treasury the Cancer Research Trust Fund (hereafter referred to as the "Fund") consisting of such amounts as are credited or paid to the Fund as provided for under the Internal Revenue Code (as amended by this Act) and any interest earned on investment of amounts in the Fund. Directs the Secretary of Health and Human Services to annually make available such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) to the National Institutes of Health (NIH) for the conduct of biomedical, intramural, and extramural research. Prohibits an expenditure from being made during any fiscal year in which the annual amount appropriated for NIH is less than the amount so appropriated for the prior fiscal year. Authorizes the NIH Director to distribute amounts made available among the various research institutes and centers to conduct research that the Director determines is appropriate. Requires the Director to make awards from such amounts available for research on cancer. Requires amounts provided to an institute or center to be used to supplement and not supplant other research conducted with Federal funds. (Sec. 3) Amends the Internal Revenue Code to allow every individual (other than a nonresident alien) to: (1) designate that a portion (not less than one dollar) of any overpayment of tax; and (2) provide that a cash contribution (not less than one dollar), be paid over to the Cancer Research Trust Fund in accordance with the Public Health Service Act. Allows each spouse, in the case of a joint return, to designate one-half of any such overpayment of tax (not less than two dollars).
United States · United States Congress · 8 May 1997
Alternative Minimum Tax Reform Act of 1997 - Amends the Internal Revenue Code to provide, with respect to the method of depreciation used for businesses to determine the alternative minimum tax, for the use of the regularly used method of depreciation. Revises the method for recovering long-term unused credits against such tax.
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.
United States · United States Congress · 7 May 1997
Declares that it is the sense of the Senate that: (1) family members and loved ones of individuals with breast cancer can support each other in addition to the individual with breast cancer; and (2) everything possible should be done to support both the individuals with breast cancer and their family and loved ones through public awareness and education.
United States · United States Congress · 5 May 1997
Urges the Clinton Administration to: (1) enforce the Iran-Iraq Arms Non-Proliferation Act of 1992 with respect to the acquisition by Iran of C-802 model cruise missiles; or (2) carry out an alternative policy that would address such acquisition in a similar manner.
United States · United States Congress · 1 May 1997
Establishes as a nonprofit corporation the National Military Museum Foundation to: (1) preserve military artifacts having historical or technological significance; (2) facilitate research on military history; (3) promote partnerships between the Federal Government and the private sector for the preservation of such artifacts; (4) engage in related military history documentation and preservation activities; and (5) recognize and honor the individuals who have served in the armed forces. Authorizes appropriations.
United States · United States Congress · 1 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 30 April 1997
Children's Health Insurance Provides Security (CHIPS) Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to offer an enhanced Federal match to States with Medicaid plans that provide for: (1) coverage of pregnant women, infants, and children under age six with family income between 133 and 150 percent of the poverty line, as well as older children with family income between 100 and 150 percent of the poverty line; and (2) continuous eligibility for a 12-month period for children under any age the State specifies (up to age 19). Gives States the option to: (1) expand Medicaid eligibility to 150 percent of the poverty line for children over one year of age; and (2) extend coverage to all children under age 19. Prohibits any employer which elects to make employer health insurance contributions on behalf of an employee (or dependent) from conditioning, or varying, such contributions with respect to any such individual by reason of his or her eligibility for Medicaid. Authorizes appropriations to the Secretary of Health and Human Services for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under Medicaid and related programs.
United States · United States Congress · 25 April 1997
Volunteer Firefighter and Rescue Squad Worker Act - Amends the Fair Labor Standards Act of 1938 to exclude from coverage any employee fire fighters or rescue squad members during the period in which they volunteer their services at a location where they are not employed. Waives overtime compensation requirements when fire fighters or rescue squad members volunteer their services to their employer and sign a legally binding waiver. Prohibits employers from requiring or coercing such volunteer services.
United States · United States Congress · 25 April 1997
Military Retirement Equity Act of 1997 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total.
United States · United States Congress · 24 April 1997
Customs Enforcement and Market Access Act of 1997 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. (Sec. 3) Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. (Sec. 4) Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines levied under this Act, and whose amounts shall be available: (1) for programs aimed at enhancing the international competitiveness of U.S. textile and apparel manufacturers; and (2) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. (Sec. 5) Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. States the sense of the Congress that any agreement negotiated with a non-WTO country which already has a textile agreement with the United States should permit imports of textile and apparel products of that country, during each 12-month period, to increase by not more than the percentage of growth in the U.S domestic market for all textile and apparel products in the preceding 12-month period. Specifies provisions for inclusion in the accession protocol of countries acceding to the WTO. (Sec. 6) Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a textile import bilateral agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. (Sec. 7) Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. (Sec. 10) Directs the Commissioner of Customs to establish a Division on Textile Enforcement. (Sec. 11) Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; or (3) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 17 April 1997
Open Competition Act of 1997 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 17 April 1997
Women's Investment and Savings Equity Act of 1997 - Amends the Internal Revenue Code with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in a plan is not treated as participation by the individual's spouse. Permits retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."
United States · United States Congress · 16 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to publicly affirm as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict U.S. law on this subject.
United States · United States Congress · 15 April 1997
Amends the Internal Revenue Code to remove the limit on the number of taxpayers having medical savings accounts (MSAs). Ends MSA requirements regarding high deductible health plans and: (1) the employment of a person with an MSA; and (2) whether the plan is established and maintained by that person's (or that person's spouse's) employer.
United States · United States Congress · 15 April 1997
Health Insurance Tax Equity for Self-Employed Act - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals to 100 percent.
United States · United States Congress · 14 April 1997
Exempts a business entity from civil liability for any injury or death occurring at the entity's facility if: (1) such injury or death occurs during a tour of the facility in an area that is not otherwise accessible to the general public; and (2) the entity authorized the tour. Provides an exception for an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, or misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.
United States · United States Congress · 14 April 1997
Exempts a business entity from civil liability for any injury or death occurring at such entity's facility in connection with the use of such facility by a nonprofit organization if: (1) the use occurs outside of the scope of the business of the entity; (2) the injury or death occurs while the facility is being used by the organization; and (3) the entity authorized the organization's use of the facility. Provides an exception for an injury or death that results from an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, and misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.
United States · United States Congress · 14 April 1997
Exempts a business entity from civil liability for any injury or death occurring as a result of the operation of an entity's aircraft or motor vehicle loaned to a nonprofit organization for use outside the scope of business of such entity if: (1) the injury or death occurs while the aircraft or vehicle is used by the organization; and (2) the entity authorized the organization's use of the aircraft or vehicle. Provides an exception for an injury or death that results from an act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, or misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.
United States · United States Congress · 14 April 1997
Exempts a business entity from civil liability relating to any injury or death that results from the use of mechanical, electronic, or office equipment donated by such entity to a nonprofit organization. Provides an exception with respect to an injury or death that results from an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, and misconduct which violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.
United States · United States Congress · 14 April 1997
Amends the Internal Revenue Code to exempt from the electronic fund transfer system for the collection of taxes businesses with an aggregate amount of depository taxes below an applicable dollar amount.
United States · United States Congress · 10 April 1997
Requires the Secretary of Transportation to ensure that, in each fiscal year, each State's percentage of the total apportionments to all States from the Mass Transit Account of the Highway Trust Fund is not less than 80 percent of the State's estimated tax payment attributable to highway users in the State paid into that Account in the most recent year for which data are available. Provides an exception for any State whose contribution to such Account in the applicable fiscal year is greater than or equal to $50 million.
United States · United States Congress · 10 April 1997
Prisoner Work and Responsibility Initiative of 1997 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for grants for correctional facilities, to provide assurances that it: (1) has implemented requirements that each inmate perform not less than 48 hours of work per week (with exceptions for security, disciplinary, or medical reasons) and engage in not less than 16 hours of organized educational activities per week; and (2) prohibits prison officials from providing privileges to any inmate who fails to comply with such requirements. Includes among such privileges: (1) access to television, bodybuilding or weightlifting equipment, and recreational sports; (2) unmonitored telephone calls, except when between the inmate and the immediate family or inmate's attorney; (3) food exceeding in quality or quantity that which is available to enlisted U.S. Army personnel; and (4) equipment or facilities for publishing or broadcasting material not approved by prison officials as being consistent with prison order and discipline. Replaces a provision authorizing a reduction of sentence for a prisoner convicted of a nonviolent offense who successfully completes a substance abuse treatment program with one directing the Attorney General to ensure that each eligible prisoner participates in a program of substance abuse treatment. Redefines "eligible prisoner" as one who, within 24 months of the date of release or otherwise, is designated by the Bureau of Prisons for participation in a residential substance abuse treatment program.
United States · United States Congress · 10 April 1997
OSHA Modernization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Revises inspection provisions. Prohibits routine inspections of, or enforcement of rules against, employers of ten or fewer employees if such employers are: (1) farming operations which do not maintain a temporary labor camp; or (2) in a category of employers having an occupational injury or a lost workday case rate which is less than the national average. Grants the Secretary of Labor specified types of discretionary authority in determining which employee complaints must receive special inspection responses. (Sec. 4) Directs the Secretary to establish a voluntary compliance program granting partial exemption from certain OSHA safety and health inspections and investigations for employers who either retain certain consultation or certification programs, or have an exemplary safety record and a safety and health program meeting specified criteria, including having an employee participation program. (Sec. 5) Adds to employer defenses to a violation citation the defenses of employee misconduct or alternative methods equally or more protective of employee safety and health. (Sec. 6) Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 7) Provides for warnings in lieu of citations, at the Secretary's discretion. (Sec. 8) Reduces penalties for nonserious violations and where there are mitigating circumstances. Directs the Occupational Safety and Health Review Commission to assess all civil penalties, giving due consideration to their appropriateness with respect to specified factors. Provides for various reductions of penalties for voluntary compliance program participants or exemplary safe worksites under certain conditions. (Sec. 9) Directs the Secretary to enter into cooperative agreements with States for State provision of consultation services to employers on safe and healthful working conditions, if the State's approved plan does not provide for federally funded consultation services. Requires that at least 15 percent of the annual OSHA appropriation be expended for education, consultation, and outreach efforts. (Sec. 10) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems specified mandatory features; and (2) a voluntary protection program, also with specified mandatory features, to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. Authorizes the Secretary to charge an annual fee to participants in the voluntary protection program.
United States · United States Congress · 10 April 1997
Disapproves the rule submitted by the Occupational Safety and Health Administration relating to occupational exposure to methylene chloride. Declares that such rule shall have no force or effect.
United States · United States Congress · 9 April 1997
Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers, nonprofit organizations, or governmental entities. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) if appropriate or required, the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. Prohibits the award of punitive damages against a volunteer, organization, or entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides exceptions. Makes each volunteer, organization, or entity liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which the defendant is liable. Requires the trier of fact to determine such percentage of responsibility.
United States · United States Congress · 9 April 1997
Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 9 April 1997
Drug-Free Communities Act of 1997 - Amends the National Narcotics Leadership Act of 1988 to authorize appropriations to carry out this Act. Establishes a program to support communities in the development and implementation of comprehensive, long-term plans and programs to prevent and treat substance abuse among youth, including grants to coalitions including youth, parents, businesses, the media, schools, organizations serving youth, law enforcement, religious organizations, and other specified types of entities. Authorizes: (1) technical assistance and training; and (2) contracts and cooperative agreements with grant recipients. Establishes the Advisory Commission on Drug-Free Communities. Terminates the Commission five years after enactment of this Act.
United States · United States Congress · 9 April 1997
National POW-MIA Recognition Act of 1997 - Mandates the display of the National League of Families POW-MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Day, National POW-MIA Recognition Day, and on the last business day before each of the preceding holidays, on the grounds or in the public lobbies of: (1) major military installations as designated by the Secretary of Defense; (2) Federal national cemeteries; (3) the national Korean War Veterans Memorial; (4) the national Vietnam Veterans Memorial; (5) the White House; (6) the official office of the Secretary of State, Secretary of Defense, Secretary of Veterans Affairs, and the Director of the Selective Service System; and (7) U.S. Postal Service post offices. Repeals provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993 relating to the display of the POW-MIA flag.
United States · United States Congress · 9 April 1997
Volunteer Protection Act of 1997 - States that this Act preempts inconsistent State law except when such law provides additional protection from liability relating to volunteers, nonprofit organizations, or governmental entities. Exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if: (1) the volunteer was acting within the scope of his or her responsibilities at the time; (2) if appropriate or required, the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred; and (3) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. Prohibits the award of punitive damages against a volunteer, organization, or entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct or a conscious, flagrant indifference to the rights or safety of the individual harmed. Provides exceptions. Makes each volunteer, organization, or entity liable for noneconomic loss only in the amount allocated to such defendant in direct proportion to the percentage of responsibility for the harm for which the defendant is liable. Requires the trier of fact to determine such percentage of responsibility.
United States · United States Congress · 9 April 1997
Farm Independence Act of 1997 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude net earnings from a lease agreement (currently, an arrangement) from income with respect to farmland.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 8 April 1997
Taxpayer Privacy Protection Act - Amends the Internal Revenue Code to permit civil damages and criminal penalties for the unauthorized or unlawful accessing or disclosure (currently, only for the unauthorized or unlawful disclosure) of tax returns or return information. Requires immediate notification to a taxpayer upon discovery that the taxpayer's return or return information has been accessed in an unauthorized manner.
United States · United States Congress · 8 April 1997
Victim Restitution Enforcement Act of 1997 - Amends the Federal criminal code to revise procedures for the issuance and enforcement of restitution orders. Directs the court to: (1) order the probation service of the court to obtain and include in its presentence report, or in a separate report, information sufficient for the court to exercise its discretion in fashioning a restitution order (which shall include a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant); and (2) disclose to the defendant and the attorney for the Government all portions of the report pertaining to such matters. Makes specified provisions of the Federal criminal code and Rule 32(c) of the Federal Rules of Criminal Procedure the only laws and rules applicable to proceedings for the issuance and enforcement of restitution orders. Authorizes the court, upon application of the United States, to enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property or assets necessary to satisfy a criminal restitution order, if specified circumstances apply. Sets forth provisions regarding: (1) notice requirements; (2) evidence and information that the court may consider at a hearing; (3) the use of temporary restraining orders; (4) disclosure of financial information regarding the defendant; (5) the use of consumer credit reports; and (6) timetables for the attorney for the Government to provide the probation service of the court with information available to the attorney, including matters occurring before the grand jury relating to the identity of the victims, the amount of losses, and financial matters relating to the defendant. Directs the attorney for the Government to provide notice to all victims as soon as practicable. Authorizes: (1) the court to limit the information to be provided or sought by the probation service under specified circumstances; (2) a victim who objects to any information provided to the probation service by the attorney for the Government to file a separate affidavit with the court; and (3) the court to require additional documentation or hear testimony after reviewing the report of the probation service. Provides for the privacy of records filed and testimony heard and permits records to be filed or testimony to be heard in camera. Establishes procedures regarding the court's ascertaining of the victims' losses. Permits the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Prohibits consideration of compensation for losses from insurance or other sources. Requires that the court resolve any restitution dispute by the preponderance of evidence. Directs the court to order restitution to each victim in the full amount of each victim's losses as determined by the court without consideration of the defendant's economic circumstances. Sets forth provisions regarding situations where the amount of the loss is not reasonably ascertainable, and where there is more than one defendant. Specifies that no victim shall be required to participate in any phase of a restitution order. Requires the defendant to notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. Authorizes the court to adjust the payment schedule. Sets forth provisions regarding: (1) court retention of jurisdiction over criminal restitution judgments; and (2) enforcement of restitution orders. Specifies that: (1) a conviction of a defendant for an offense giving rise to restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, regardless of any State law precluding estoppel for a lack of mutuality; and (2) the victim, in the subsequent proceeding, shall not be precluded from establishing a loss that is greater than that determined by the court in the earlier criminal proceeding. (Sec. 3) Adds restitution to a provision governing the post-sentence administration of fines. Provides that an order of restitution shall operate as a lien in favor of the United States for its benefit or for the benefit of any non-Federal victims against all property belonging to the defendant. Authorizes the court, in enforcing a restitution order, to order jointly owned property divided and sold, subject to specified requirements. (Sec. 4) Specifies that a defendant shall not incur any criminal penalty for failure to make a payment on a fine, special assessment, restitution, or cost because of the defendant's indigency. (Sec. 5) Authorizes the court, where a defendant knowingly fails to pay a delinquent fine, to increase the defendant's sentence to any sentence that might originally have been imposed under the applicable statute.
United States · United States Congress · 8 April 1997
Taxpayer Privacy Protection Act - Amends the Internal Revenue Code to permit civil damages and criminal penalties for the unauthorized or unlawful accessing or disclosure (currently, only for the unauthorized or unlawful disclosure) of tax returns or return information. Requires immediate notification to a taxpayer upon discovery that the taxpayer's return or return information has been accessed in an unauthorized manner.
![Official portrait of Sen. Hutchinson, Tim [R-AR]](https://www.congress.gov/img/member/h001015_200.jpg)