United States · United States Congress · 10 March 1998
Expresses the sense of the Congress that trafficking: (1) consists of all acts involved in the recruitment or transportation of persons within or across borders involving deception, coercion or force, abuse of authority, debt bondage or fraud, for the purpose of placing persons in situations of abuse or exploitation; and (2) involves kidnapping, false imprisonment, rape, battering, forced labor, or slavery-like practices which violate fundamental human rights. Urges the Department of Justice Office of Violence Against Women to report to the Congress on: (1) efforts to identify instances of trafficking of persons into the United States within the last five years; (2) the successes or difficulties experienced in promoting interagency cooperation, cooperation between local, State, and Federal authorities, and cooperation with nongovernmental organizations; (3) the treatment and services provided and the disposition of trafficking cases in the criminal justice system; and (4) legal and administrative barriers to more effective governmental responses. Urges that trafficking victims be provided with support services and incentives to testify. Calls on the Secretary of State to: (1) develop curricula and conduct training for consular officers on the prevalence and risks of trafficking and the rights of victims; and (2) develop and disperse to visa seekers written materials describing the potential risks of trafficking. Commends the Department of State and the European Union for their joint initiative to promote awareness of the problem of trafficking throughout countries of origin in Eastern Europe and the independent states of the former Soviet Union. Urges their continued efforts to engage in similar programs in other regions and to ensure that the dignity and human rights of trafficking victims are protected in destination countries. Calls for: (1) the State Department's Bureau for International Narcotics and Law Enforcement Affairs to continue to provide and expand funding to support criminal justice training programs which include trafficking; and (2) the President's Interagency Council on Women to report to the Congress regarding implementation by the Secretary of State and the Attorney General of the duties described in this resolution.
United States · United States Congress · 3 March 1998
Pell Grant Dependent Care Act of 1998 - Amends the Higher Education Act of 1965 to increase from $750 to $1,500 the dependent care allowance used to calculate Pell Grant awards.
United States · United States Congress · 3 March 1998
Recognizes and celebrates 1998 as the 150th anniversary of the Women's Rights Movement and March 1998 as National Women's History Month under the theme "Living the Legacy of Women's Rights."
United States · United States Congress · 26 February 1998
Amends the Internal Revenue Code (IRC) to repeal joint and several liability of spouses with respect to joint returns. Provides instead that the tax liability shall be in proportion to the tax liability which each spouse would have incurred if each had reported his or her apportionable items on a separate return of a married individual, provided that a payment by one spouse in excess of such spouse's proportionate share of liability for the tax reported on the return shall not be refunded unless there is an overpayment with respect to that return. Revises IRC provisions concerning community property to disregard, for purposes of determining tax liability, community property laws.
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 1998
Economic Development Partnership Act of 1998 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to cooperate with States and other entities to assure that Federal economic development programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. Directs the Secretary to: (1) provide appropriate technical assistance to such entities in order to alleviate economic distress, encourage partnerships for economic development strategies, and stimulate modernization and technological advances in the generation and commercialization of goods and services; and (2) prescribe regulations for intergovernmental review of proposed economic development projects. Authorizes the Secretary to enter into appropriate economic development agreements with two or more adjoining States. Authorizes the Secretary to appoint a National Public Advisory Committee on Regional Economic Development to make recommendations to the Secretary, including regarding the coordination of activities. Authorizes the Secretary to make grants to eligible recipients (defined later under this Act) for acquisition or development of land improvements for public works, public service, or development facility usage, as well as the acquisition, design and engineering, construction, rehabilitation, alteration, expansion, or improvement of such facilities. Provides assistance conditions relating to the establishment of industrial or commercial plants and the increase of employment in the area. Prohibits more than 15 percent of the appropriations made for such assistance from being expended in any one State. Allows grants to be increased due to construction cost increases. Authorizes the Secretary to make direct grants for economic development planning and related administrative expenses. Requires such planning to be a continuous process and to be prepared as part of a comprehensive economic development strategy for the area involved. Requires State certification of an economic development plan's consistency with local and economic development district plans. Provides a Federal cost-share limit of 50 percent of project costs. Authorizes the Secretary to make supplementary grants for a project for which the applicant is eligible but for which the applicant cannot supply the required matching share. Provides supplementary grant conditions and requirements, authorizing the Secretary to reduce or waive the required non-Federal share in such cases. Authorizes the Secretary to make direct grants for training, research, and technical assistance for alleviating or preventing conditions of excessive unemployment or underemployment. Allows such grants to include amounts for relocation assistance. Authorizes the Secretary to make direct grants for public facilities, public services, business development, planning, technical assistance, training and other assistance which demonstrably furthers the economic adjustment objectives of the Act. Allows such grant to be used in either direct expenditures by the recipient or through redistribution to other public and private entities, but prohibits any such redistribution to a private profit-making entity. Authorizes the Secretary to: (1) approve the use of grant funds for projects the scope or purpose for which changes after the grant has been made; (2) use funds for projects constructed for less than the projected costs to improve such projects; and (3) make assistance available for projects to be carried out at a military or Department of Energy installation. Prohibits any assistance under the Act which would produce unfair commercial competition. Requires reports from grant and assistance recipients. Defines as an eligible recipient for purposes of this Act an area that: (1) has a per capita income of 80 percent or less of the national average or an unemployment rate one percent above such average; (2) has experienced or is about to experience a sudden economic dislocation resulting in significant job losses; (3) is a community or neighborhood which has a large concentration of low-income individuals, substantial out-migration, or substantial unemployment; (4) has long-term economic deterioration; (5) has a special need to meet an expected rise in unemployment; (6) contains a population of 250,000 or less with growth potential; or (7) is experiencing severe out-migration. Requires from recipients: (1) documentation of meeting such criteria; and (2) evidence of a comprehensive economic development strategy which identifies the economic problems to be addressed through such assistance, as well as related information. Authorizes the Secretary, in order to plan and carry out economic development projects of broader geographic significance, to designate appropriate economic development districts and economic development centers within such districts. Provides geographic, population, and other requirements with respect to each such designation. Directs the Secretary to prescribe standards for the termination of such districts and centers. Authorizes the Secretary to increase by up to ten percent of project costs the amount of grant assistance otherwise provided in the Act for projects within designated districts. Requires each designated district to provide to the Appalachian Regional Commission a copy of such district's comprehensive economic development strategy. Authorizes the Secretary to provide assistance to a district area which does not meet the requirements of an eligible recipient under the Act when such assistance will be of substantial direct benefit to a qualifying area in such district. Directs the Secretary to administer this Act with the assistance of an Assistant Secretary of Commerce for Economic Development. Directs the Secretary to serve as a central information clearinghouse on all matters relating to economic development and adjustment, disaster recovery, and defense conversion programs and activities of Federal and State governments and to help applicants for such assistance. Requires appropriate consultation with other persons and agencies. Authorizes the Secretary to furnish procurement divisions of the Federal Government with a list of business firms located in distressed areas which desire Government supplies and services contracts. Imposes penalties upon persons who: (1) make false statements in order to obtain assistance under the Act; and (2) embezzle or commit other fraud-related crimes while connected in any capacity with the Secretary in the administration of the Act. Sets forth: (1) conflict-of-interest provisions; and (2) recordkeeping requirements for the Secretary and recipients regarding assistance under this Act. Provides that assistance under the Act shall supplement and not supplant other Federal assistance. Authorizes appropriations for FY 1999 through 2002. Authorizes additional appropriations for defense conversion activities and disaster economic recovery activities.
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance Fund Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund)(Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to pay annually to the Fund amounts based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates annual assessments on each manufacturer based on the number of specified products removed during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to reimburse each eligible State for: (1) State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions; (2) other State expenses incurred in providing treatment for tobacco-related conditions; and (3) providing funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; (2) submit a plan regarding payments to local governments; and (3) have procedures to provide an equitable portion of the funds to local government entities for the local entities' tobacco-related health costs. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Allows an alien who lawfully entered the United States after August 22, 1996, to be eligible for child health assistance under title XXI and Medicaid, notwithstanding the five-year means-tested public benefit waiting period or any other provision of law. Declares that a State does not have the authority to determine the Medicaid eligibility of a qualified alien. Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Mandates a performance bonus payment to each State relating to increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 using tobacco products. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. Requires each manufacturer to reduce the percentage of children who use the manufacturer's brand accordingly. (Sec. 304) Mandates industry-wide and individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance Trust Fund - Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for transition assistance to tobacco producers and tobacco-growing communities to adjust to reduced demand for tobacco, including economic development assistance, producer and factory worker retraining, or producer scholarships. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from using, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil action seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such action. Prohibits construing these provisions to limit an individual's right to start a civil action for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting any fee payments required under any provision of this Act. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations.
United States · United States Congress · 5 February 1998
Expresses the sense of the Senate that the Attorney General should: (1) enforce the law and protect from violent attack persons seeking to provide or obtain, or assist in providing or obtaining, reproductive health services; and (2) allocate the resources needed to accomplish the Department of Justice's mission, including reproductive health services clinic protection, as described in a specified presidential instruction.
United States · United States Congress · 4 February 1998
TABLE OF CONTENTS: Title I: Improving the Affordability of Child Care Title II: Enhancing the Quality of Child Care and Early Childhood Development Title III: Expanding the Availability and Quality of School- Age Child Care Title IV: Supporting Family Choices in Child Care Title V: Encouraging Private Sector Involvement Title VI: Ensuring the Quality of Federal Child Care Centers Child Care ACCESS (Affordable Child Care for Early Success and Security) Act - Title I: Improving the Affordability of Child Care - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to make increased appropriations for State child care assistance grants for FY 1999 through 2003. Title II: Enhancing the Quality of Child Care and Early Childhood Development - Creates under TANF a State grant program for improving the quality of child care and early childhood development. Makes appropriations for FY 1999 through 2003. Title III: Expanding the Availability and Quality of School-Age Child Care - Establishes under TANF a State grant program for increasing the availability and quality of school-age child care. Makes appropriations for FY 1999 through 2003. (Sec. 301) Amends the Child Care and Development Block Grant Act of 1990 to increase from 13 to 16 the maximum age of an eligible child under the child care and development block grant program. (Sec. 302) Amends the 21st Century Community Learning Centers Act to: (1) direct the Secretary of Education to give priority to rural, urban, and low-income communities in awarding grants to public elementary and secondary schools for projects that benefit the educational, health, social services, cultural, and recreational needs of the community; (2) revise grant application requirements; (3) change from four to one the minimum number of specified activities for which community learning center grant funds may be used; (4) change children's day care services to child care services; and (5) authorize increased appropriations for 21st century community learning centers. Title IV: Supporting Family Choices in Child Care - Amends the Internal Revenue Code to: (1) revise the formula to increase the dependent care income tax credit for certain taxpayers, indexed for inflation, with an even greater credit for employment-related dependent care expenses; (2) allow a minimum dependent care income tax credit for stay-at-home parents; and (3) provide for advance payment by the employer of an employee's dependent care income tax credit. (Sec. 404) Amends the Family and Medical Leave Act of 1993 to cover employers of at least 25 (currently 50) employees. Title V: Encouraging Private Sector Involvement - Amends the Internal Revenue Code to provide an income tax credit for 25 percent of an employer qualified child care expenditures. (Sec. 502) Directs the Secretary of Health and Human Services to establish a program to award grants to local communities for the purpose of expanding the availability and improving the quality of child care on a community-wide basis. Authorizes appropriations. Title VI: Ensuring the Quality of Federal Child Care Centers - Requires the Administrator of the General Services Administration (GSA) for the executive branch, the Architect of the Capitol for the legislative branch, and the Administrator of the Administrative Office of the U.S. Courts for the judicial branch to issue regulations to establish standards and ensure quality child care for Federal employees through accredited child care centers. (Sec. 601) Directs the GSA Administrator to establish an interagency council to facilitate cooperation and sharing of best practices among the three branches, and to develop and coordinate policy, regarding the provision of child care in the Federal Government. Authorizes appropriations.
United States · United States Congress · 13 November 1997
Hate Crimes Prevention Act of 1998 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce. (Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes. (Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations. (Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting.
United States · United States Congress · 9 November 1997
District of Columbia Student Opportunity Scholarship Act of 1997 - Authorizes the establishment of the District of Columbia Scholarship Corporation as a private, nonprofit corporation to administer, publicize, and evaluate the District of Columbia (District) scholarship program and to determine student and school eligibility for program participation. Establishes the District of Columbia Scholarship Fund, to be administered by the Secretary of the Treasury, through which annual funds shall be provided to the District and used by the Corporation for the program. Authorizes appropriations to the Fund for FY 1998 through 2002. Provides for: (1) organization and management of a Corporation Board of Directors, as well as related offices and staff; and (2) the annual audit of Corporation records. Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to District students in kindergarten through grade 12 with family incomes not exceeding 185 percent of the national poverty line. Provides for: (1) certification requirements for educational institutions for eligibility to participate; (2) payments from the Corporation to participating institutions; (3) scholarship payments and amounts; (4) participation requirements for such institutions; (5) annual institution reporting requirements; (6) program appraisal by the Comptroller General, performed through an independent evaluation agency (with an authorization of appropriations for such appraisal); (7) an annual program progress report from the Corporation to the appropriate congressional committees; and (8) judicial review of actions challenging the program. Authorizes appropriations for the Scholarship Fund.
United States · United States Congress · 8 November 1997
Quality Child Care for Federal Employees Act - Mandates that a Federal agency that either operates, or contracts for operation of, a child care center in a facility owned or leased by an executive agency obtain the appropriate State and local licenses and comply with child care licensing requirements. Directs the Administrator of General Services to: (1) establish and enforce child care health, safety and facility standards; and (2) require child care center compliance with accreditation standards issued by a nationally recognized accreditation organization approved by the Administrator. Prescribes enforcement procedures. Instructs the Architect of the Capitol and the Director of the Administrative Office of the United States Courts to promulgate regulations for child care centers in legislative and judicial facilities which are no less stringent than those issued by the Administrator. Confers upon the Architect and the Director child care center duties and authorities comparable to those of the Administrator. Provides for technical assistance, studies, and reviews in order to assist child care center operator compliance with this Act. Instructs the Administrator to establish an interagency council to facilitate cooperation and coordinate policy regarding the provision of child care in the Federal Government. Authorizes appropriations.
United States · United States Congress · 8 November 1997
Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to use Departmental facilities to facilitate the voluntary, mutually requested exchange of identifying information that has been mutually consented to, by a 21-year-old adult adopted individual with any birth parent or adult sibling, if all involved have consented by a signed notarized statement to the information exchange. Sets forth procedural requirements for establishment of a National Voluntary Mutual Reunion Registry. Subjects violators of this Act to criminal penalties. States that this Act does not preempt a State's sealed adoption record policy.
United States · United States Congress · 7 November 1997
Methane Hydrate Research and Development Act of 1997 - Directs the Secretary of Energy to award grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises to conduct research to identify, assess, explore, and develop methane hydrate resources. Authorizes appropriations.
United States · United States Congress · 5 November 1997
Charter School Expansion Act of 1997 - Amends the Elementary and Secondary Education Act of 1965 to authorize a State educational agency (SEA) to use funds for planning, designing, and initial implementation of public charter schools. Requires local educational agencies (LEAs) to use innovative assistance funds for the same purpose. Sets forth certain priorities for awarding charter school program grants to SEAs. Bases such priorities on requirements of State laws regarding: (1) charter schools' increased numbers; (2) non-LEA public chartering agencies or LEA appeals processes for denials of charters; (3) automatic waiver of State and local education laws; and (4) periodic review and evaluation. Includes among requirements for SEA applications for charter school program grants a description of how the SEA will: (1) inform each charter school of available Federal programs and funds that each such school is eligible to receive; (2) ensure that each such school receives its commensurate share of Federal education funds allocated by formula; and (3) disseminate best or promising practices of charter schools to LEAs. Includes among criteria for the amount of such a grant award to an SEA the number of charter schools that will be created in the State. Directs the Secretary of Education to: (1) reserve a specified amount for national activities on behalf of such charter schools; and (2) (along with SEAs) ensure that each public charter school receives its full share of funding for LEAs for helping disadvantaged children meet high standards. Sets forth requirements for solicitation of input from charter school operators, student records transfer, and paperwork reduction. Specifies that a public charter school: (1) must have a performance contract with the authorized public chartering agency in the State; and (2) is a school to which parents choose to send their children. Extends and increases the authorization of appropriations for FY 1998 through 2002.
United States · United States Congress · 4 November 1997
Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border.
United States · United States Congress · 4 November 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan. Declares that such benefit reductions shall be equal to the amount by which two-thirds of the total amount of the combined monthly benefit (before reduction) and monthly pension exceeds $1,200, adjusted for inflation.
United States · United States Congress · 30 October 1997
Innovative Environmental Strategies Act of 1997 - Authorizes owners or operators of facilities subject to Environmental Protection Agency (EPA) rules, requirements, policies, or practices to submit proposals for innovative environmental strategies for achieving better environmental results to the EPA Administrator. Excludes rules for emissions reductions under the Clean Air Act and certain reporting requirements under the Emergency Planning and Community Right to Know Act of 1986 from the definition of "rule." Authorizes the Administrator to enter into an innovative environmental strategy agreement with a facility upon approval of the proposal and subject to other specified requirements. Permits such agreements to: (1) modify or waive otherwise applicable EPA rules, requirements, policies, or practices; (2) establish new environmental standards for a facility; or (3) establish new requirements not contained in existing rules or statutes. Bars such agreements from contravening the specific terms of a statute. Declares that such agreements should further the purposes of environmental statutes. Requires the Administrator to establish procedures under which a person other than the owner or operator may cosponsor a proposal. Gives priority to proposals cosponsored by stakeholder groups. Sets forth requirements for the stakeholder participation process. Permits the Administrator to limit the number of stakeholder participants if it is determined that such participants adequately represent the full range of interests (excluding competitive business interests) that may be affected by the innovative environmental strategy. Lists conditions for the approval of agreements, including that a strategy is expected to achieve better environmental results. Requires the Administrator to give great weight to stakeholders in determining whether to approve or disapprove a strategy. Sets forth conditions under which the Administrator shall deny a proposal if individual stakeholders object. Provides that if a proposed strategy involves waiving or modifying requirements under State, tribal, or local law, the Administrator shall not approve an agreement unless procedures required under such laws for waivers or modifications are followed. Requires agreements to include enforceable requirements and permits agreements to include voluntary commitments. Provides that failure to implement a voluntary commitment constitutes a ground for agreement termination. Sets forth conditions under which the Administrator may terminate agreements. Limits agreements to five-year terms, with exceptions. Provides for renewals. Provides for judicial review of a decision by the Administrator to enter into an agreement. Limits the number of agreements to 50 and authorizes the Administrator to limit the number to fewer than 50. Requires the Administrator to: (1) give priority consideration to proposals from small businesses; (2) ensure that agreements reflect proposals from a diversity of industrial sectors; and (3) establish a program to facilitate development of proposals from small businesses. Sets forth limits on the purposes and uses of agreements. Directs the Administrator to study and report to the Congress on whether approaches embodied in an innovative environmental strategy should be proposed for incorporation in a statute or regulation. Requires the Administrator to report to the Congress on the aggregate effect of agreements. Permits the Administrator to provide grants for technical assistance to stakeholder groups. Authorizes appropriations.
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 28 October 1997
Amends the Clean Water Act to require grants made under the National Estuary Program to be used for assisting activities necessary for the development and implementation of conservation and management plans (currently, for research and other technical work necessary for the development of such plans). Reauthorizes appropriations for the Program for FY 1999 through 2004.
United States · United States Congress · 24 October 1997
Adoption Awareness Program Act - Directs the Secretary of Health and Human Services to: (1) establish an adoption awareness program; and (2) make grants through the program to eligible private entities to pay for the Federal share of the cost of developing and distributing materials promoting adoption. Establishes the Adoption Awareness Commission to: (1) review grant applicants and the public service announcements and brochures developed by the grantees; and (2) make recommendations to the Secretary regarding grant recipients and Commission approval of announcements and brochures. Authorizes appropriations.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 22 October 1997
TABLE OF CONTENTS: Title I: Assistance for Young Children Title II: Child Care for Families Title III: Amendments to the Head Start Act Early Childhood Development Act of 1997 - Title I: Assistance for Young Children - Directs the Secretary of Health and Human Services to make allotments to eligible States to pay for the Federal share of the cost of enabling them to make competitive grants to local collaboratives for young child assistance activities. Requires the Governor of each State to establish or designate a State Early Learning Coordinating Board to make such grants. Authorizes appropriations. Title II: Child Care for Families - Amends the Child Care and Development Block Grant Act of 1990 to establish a Zero-to-Six program of formula payments to States for child care assistance on behalf of children under six years of age. Makes appropriations for such grants. Title III: Amendments to the Head Start Act - Amends the Head Start Act to extend the authorization of appropriations and revise requirements for allotment of funds.
United States · United States Congress · 9 October 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 9 October 1997
Interstate Distribution of State-Inspected Meat Act of 1997 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to permit the interstate distribution of State-inspected meat and poultry where State inspection requirements are at least equal to Federal requirements.
United States · United States Congress · 8 October 1997
Northern Mariana Islands Covenant Implementation Act - Amends the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (the Covenant Act) to apply the Immigration and Nationality Act to the Commonwealth over a ten-year transition period during which the Attorney General shall implement an immigration transition program for it. States that the transition program shall provide for the issuance of nonimmigrant temporary alien worker visas, as well as family-sponsored and employment-based immigrant visas. Sets forth a statutory scheme for: (1) temporary alien workers; (2) immigrants; (3) investor visas; (4) lawful entry under Commonwealth immigration laws; and (5) travel restrictions for certain asylum applicants. Directs the Secretaries of the Interior and of Labor to develop a technical assistance program to aid employers in securing employees from among U.S. labor or lawfully admissible freely associated state citizen labor. Authorizes the Attorney General and the Department of Labor to establish Immigration and Naturalization Service, Executive Office of Immigration Review, and Department of Labor operations in the Northern Mariana Islands. Directs the President to report to certain congressional committees an evaluation of the overall effect of the transition program and the Immigration and Nationality Act upon the Northern Mariana Islands. Prohibits the Commonwealth from permitting an increase in the total number of temporary alien workers present on the Islands during the period between enactment of this Act and the effective date of the transition program. Sets for the Commonwealth a minimum wage through December 31, 1998, of $3.35 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Commonwealth the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate. Amends the Harmonized Tariff Schedules of the United States and other Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands, and prohibit its duty-free entry into the U.S. customs territory as the product of an insular possession, unless it is produced in a factory certified by the U.S. Department of Labor to use full-time employee equivalents of labor in the required percentage of qualified hours of labor performed by a citizen, national, other protected individual, or a citizen of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 25 September 1997
Estuary Habitat Restoration Partnership Act of 1997 - Establishes the Estuary Habitat Restoration Collaborative Council, to be composed of specified Federal officials. Directs the Council to develop an estuary habitat restoration strategy to ensure a comprehensive approach to the selection and prioritization of estuary habitat restoration projects and the full coordination of Federal and non-Federal activities related to such restoration. Requires, as part of such strategy, the development of: (1) a framework for coordinating and streamlining existing Federal plans and programs; and (2) proposals to maximize incentives for public-private partnerships and to leverage Federal resources to encourage increased private sector involvement in such restoration. Sets forth factors to be considered by the Council in determining project selection and assistance eligibility. Authorizes a restoration project to be designated as a priority project if it meets selection criteria and: (1) it addresses a restoration goal identified in the strategy; (2) it is part of an approved Federal estuary management or habitat restoration plan; (3) the non-Federal share of the project exceeds 50 percent; and (4) there is a nonpoint source program upstream of the project that addresses upstream sources that would otherwise re-impair the restored habitat. Gives such projects a higher priority for funding. Permits the Council to pay up to 25 percent of the cost of interim actions of restoration activity, pending completion of the strategy. Prohibits selection of a project until non-Federal interests have entered into specified written cooperation agreements pertaining to water resources projects in accordance with the Flood Control Act of 1970. Requires such agreements to provide for project maintenance and monitoring. Authorizes appropriations for the Council. Requires non-Federal applicants for assistance to demonstrate that a project meets this Act's requirements and selection criteria. Limits the Federal share of assistance to between 25 and 65 percent of a project's cost. Raises the maximum limit to 75 percent of the cost in cases of demonstrated need. Authorizes the Council to use funds made available under this Act to pay the share of costs of estuary habitat restoration activities eligible for funding under other laws if such activities would also be eligible for funding under this Act. Directs the Under Secretary for Oceans and Atmosphere to maintain a database of information on projects funded by the Council. Makes certain funds provided under the Water Resources Development Acts of 1986 and 1996 available to States and non-Federal persons in carrying out interim actions or projects under this Act. Authorizes appropriations. Requires the Secretary of the Army to give estuary habitat restoration projects the same consideration as irrigation, navigation, or flood control projects and to establish such restoration as a primary mission of the Army Corps of Engineers. Authorizes the Secretary to carry out such projects. Directs the Comptroller General to report to the Congress and the Secretary on the extent to which the Council needs additional personnel and administrative resources to carry out this Act, including recommendations for necessary additional funding.
United States · United States Congress · 23 September 1997
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 23 September 1997
Authorizes the President to present a gold medal, on behalf of the Congress, to the family of the late Raul Julia in recognition of his dedication to ending world hunger and his contributions to the Latino community and to the performing arts. States that no appropriations are authorized to implement this Act, but gifts and donations for the purpose may be accepted. Instructs the Secretary of the Treasury to transfer from the Numismatic Public Enterprise Fund to the Raul Julia Ending Hunger Fund and to the National Hispanic Foundation of the Arts, any proceeds above costs from such gifts and donations as well as sales of duplicate bronze medals.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Reasonable Efforts and Safety Requirements for Foster Care and Adoption Placements Title II: Incentives for Providing Permanent Families for Children Title III: Additional Improvements and Reforms Title IV: Miscellaneous Title V: Effective Date Promotion of Adoption, Safety, and Support for Abused and Neglected Children (PASS) Act - Title I: Reasonable Efforts and Safety Requirements for Foster Care and Adoption Placements - Amends title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA) to declare that, in meeting the "reasonable efforts" requirement of family preservation and reunification, the paramount concern of a State plan for foster care and adoption assistance shall be the health and safety of the child. States that reasonable efforts to preserve and reunify the family shall not be required on behalf of certain parents, including those who have murdered or committed felony assault against another child, or who would otherwise pose a serious risk to a child's health or safety. (Sec. 102) Includes the safety of the child in State case planning and review system requirements. (Sec. 103) Requires a State plan for foster care and adoption assistance to include certification by the State to the Secretary of Health and Human Services that it has established a State child death review team to investigate and prevent fatal child abuse and neglect. Requires the Secretary to establish a Federal child death review team to review child death reports on Federal lands, disseminate information to State and local jurisdictions, and develop policy and procedural recommendations for the Congress and the States. (Sec. 104) Delineates circumstances compelling a State to file a parental rights termination petition and concurrently initiate selection of a qualified family for an adoption for certain children in foster care or under State responsibility. Sets forth a one-year statute of limitations for appeals of orders terminating parental rights, or court-ordered removal of a child. (Sec. 106) Makes the Federal Parent Locator Service available to child welfare services for enforcement of child custody or visitation orders. (Sec. 107) Requires State plans for foster care and adoption assistance to provide: (1) procedures for criminal records checks for prospective foster and adoptive parents and group care staff; and (2) standards and guidelines ensuring quality services that protect the safety and health of children in foster care placements with agencies. (Sec. 109) Requires a case plan for a child for whom the State's goal is adoption or placement in another permanent home to document State agency efforts to accomplish that goal. Title II: Incentives for Providing Permanent Families for Children - Authorizes the Secretary to award an adoption incentive grant to an incentive-eligible State meeting specified criteria whose number of foster child or special needs adoptions for a fiscal year exceeds the number of such adoptions for the previous fiscal year. (Sec. 202) Modifies Adoption Assistance Program guidelines regarding a child with special needs to include a child who: (1) was in the care of a public or licensed private child care agency (or Indian tribal organization) prior to termination of parental rights or initiation of adoption proceedings; or (2) answers the same description but is not a U.S. citizen or resident. (Sec. 203) Authorizes the Secretary to provide technical assistance to States and local communities to reach their targets for increased adoptions or alternative permanent placements for children in foster care. (Sec. 204) Requires a State plan for foster care and adoption assistance to proscribe geographic barriers to interstate adoption or foster care placement. Instructs the Secretary to appoint an advisory panel to report on interjurisdictional adoption issues and to recommend procedural improvements to facilitate such adoptions. (Sec. 205) Authorizes the Secretary to use Department of Health and Human Services facilities to facilitate the voluntary, mutually requested reunion of an adult adopted child age 21 with any birth parent, or adult adopted sibling age 21, if certain confidentiality criteria are met. (Sec. 206) Directs the Secretary to issue an annual report rating the performance of each State in protecting children placed in foster care, for adoption, or with a relative or guardian. Title III: Additional Improvements and Reforms - Expands from ten to 15 the number of States authorized to conduct child welfare demonstration projects. (Sec. 301) Changes the mandatory annual dispositional hearing for a child in foster care to a mandatory semiannual permanency planning hearing. (Sec. 302) Requires the Secretary to report to the interjurisdictional adoption advisory panel on the extent to which children in foster care are placed in kinship care, and subsequently to certain congressional committees, following advisory panel review and comment on the report. (Sec. 304) Expresses the sense of the Congress that the States should have procedures in effect for a chronically ill or near-death parent, without surrendering parental rights, to designate a standby guardian for the minor children, to take effect on the parent's death, mental incapacity, or physical debilitation (with consent). (Sec. 305) Requires that independent living programs be designed, among others, for children with respect to whom foster care maintenance payments are no longer being made because the child has accumulated assets of up to $5,000 which are otherwise regarded as resources in determining eligibility for Federal foster care benefits. (Sec. 306) Requires the Comptroller General to study and report to the Congress on: (1) State and Federal programs that may fund substance abuse prevention and treatment services; (2) joint substance abuse prevention and treatment activities that are conducted by State agencies and State child welfare agencies; and (3) how those agencies address the needs of infants exposed to substance abuse. Provides guidelines for foster care maintenance payments to a child placed with a parent in a residential treatment program designed for specified purposes. (Sec. 307) Authorizes appropriations for family preservation and support services for FY 1999 through 2003. Mandates that State plans have a minimum spending requirement of 25 percent of certain funds for time-limited family reunification services. (Sec. 308) Authorizes the Secretary to award grants to the States to implement innovations to reduce backlogs of children awaiting adoption or foster care placement. Authorizes appropriations. Title IV: Miscellaneous - Requires the Commissioner of Social Security to report to certain congressional committees on State or local child welfare service agencies that act as representative payees on behalf of children under their care for purposes of receiving supplemental security income payments. (Sec. 404) Amends SSA title XIX (Medicaid) and part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to set forth guidelines for allocating the administrative costs of determining eligibility for such benefits. Title V: Effective Date - Sets forth effective dates for amendments made by this Act.
United States · United States Congress · 11 September 1997
Teacher Excellence in America Challenge Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to replace current State and local Programs for Teacher Excellence with a Teacher Excellence in America Challenge program under which the Secretary of Education may award competitive grants to professional development partnerships for 80 percent of the cost of providing teacher preparation, induction, classroom experience, and professional development opportunities to prospective, beginning, and veteran teachers while improving the education of students in the classroom. Provides for such professional development partnerships among institutions of higher education, elementary schools or secondary schools, local educational agencies (LEAs), State educational agencies, teacher organizations, and nonprofit organizations. Requires that priority be given to partnerships serving elementary schools, secondary schools, or LEAs that serve high percentages of children from families below the poverty line. Lists activities for which partnerships shall use such grants, excluding construction, renovation, or repair of any school or facility. Sets forth requirements for grant applications and partnership assurances. Directs the Secretary to reserve a certain amount of funds under this Act for national evaluation and information dissemination activities. Authorizes appropriations. Repeals the following HEA programs: (1) National Teacher Academies; (2) Paul Douglas Teacher Scholarships; (3) the Teacher Corps; (4) the Class Size Demonstration Grant program; (5) Middle School Teaching Demonstration Programs; (6) New Teaching Careers programs (for minority teacher recruitment); and (7) Programs for Special Populations, including the National Mini Corps Program, Foreign Language Instruction, Small State Teaching Initiative, Faculty Development Grants, and Early Childhood Education Training.
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 · 9 September 1997
Expresses the sense of the Senate that the Secretary of Agriculture should use specified existing authority to establish a temporary emergency minimum milk price that is equitable to all producers nationwide and provides price relief to economically distressed milk producers.
United States · United States Congress · 8 September 1997
Directs the Secretary of Agriculture to continue operation of the Food Animal Residue Avoidance Database program through contracts with appropriate colleges or universities. Authorizes appropriations.
United States · United States Congress · 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
Commonwealth of the Northern Mariana Islands Reform Act - Amends the Covenant to Establish the Commonwealth of the Northern Mariana Islands to treat the Northern Mariana Islands as a State under the Immigration and Nationality Act with respect to an individual's entry into the Commonwealth (but not entry from the Commonwealth into the United States). Applies Federal statutes and regulations governing admission of certain workers to Guam to individuals seeking entry into the Northern Mariana Islands for purposes of employment in the textile, hotel, tourist, or construction industries. Requires the Attorney General to coordinate and act in conjunction with State and local law enforcement agencies to ensure that deployment of personnel to enforce such statutes and regulations does not degrade or compromise the law enforcement capabilities and functions currently performed by immigration officers. Amends Federal law to prohibit affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless it is made or assembled using direct labor meeting a specified percentage of qualified manhours by U.S. citizens or nationals or citizens of the Freely Associated States of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia. Applies to the Northern Mariana Islands the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.05 per hour, adjusted annually thereafter in increments of $.30 or the amount necessary to increase the minimum wage rate to the rate required by the Fair Labor Standards Act of 1938, whichever is less. Applies permanently to the Northern Mariana Islands the minimum wage rate required by the Fair Labor Standards Act of 1938 once the incrementally increased rate equals such rate. Directs the Secretary of the Interior to study the extent of human and labor rights violations in the Commonwealth of the Northern Mariana Islands, including the use of forced or indentured labor, and any efforts taken by the Government of the United States or the Commonwealth of the Northern Mariana Islands to address or prohibit such violations. Requires inclusion of study results in the annual "Federal CNMI Initiative on Labor, Immigration, and Law Enforcement" report to Congress. Authorizes appropriations.
United States · United States Congress · 31 July 1997
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 · 29 July 1997
Ozone and Particulate Matter Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency to: (1) request the National Academy of Sciences to convene an independent panel of scientists with expertise on the health effects of air pollution to establish priorities for research on the health effects of particulate matter; and (2) report the panel's recommendations to the Congress. Requires the President to establish the Particulate Matter Interagency Committee to develop recommendations for, and periodically evaluate, a program to coordinate the activities of Federal agencies engaged in research on health effects of particulate matter that ensures that such research advances the prioritized agenda of the panel. Directs the Administrator to: (1) review the air quality criteria and standards under the Clean Air Act for ozone and particulate matter; and (2) determine whether to retain or revise such standards and criteria or promulgate new ones. Authorizes the Administrator to require State implementation plans under such Act to require ambient air quality monitoring for fine particulate matter. Provides for grants to States to carry out such monitoring. Reinstates the national ambient air quality standards for ozone and particulate matter in effect on July 15, 1997. Bars revision of such standards until the Administrator's scientific review under this Act is completed. Directs the National Institutes of Health to begin a research program to study the health effects of allergens on asthmatics, particularly in inner city areas. Authorizes appropriations.
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
Code of Conduct on Arms Transfers Act of 1997 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress. Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance. Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime.
United States · United States Congress · 22 July 1997
Genetic Justice Act - Prohibits discrimination in employment on the basis of genetic information with respect to an individual, including an inquiry by the individual regarding genetic services. Sets forth confidentiality and civil action provisions.
![Official portrait of Sen. Landrieu, Mary L. [D-LA]](https://www.congress.gov/img/member/l000550_200.jpg)