Education

Voluntary School Prayer Protection Act

United States · United States Congress · 22 January 1997

Voluntary School Prayer Protection Act - Prohibits the provision of Department of Education funds to any State or local educational agency which has a policy of denying, or effectively prevents participation in, constitutionally-protected prayer in public schools by individuals on a voluntary basis.

Violent and Repeat Juvenile Offender Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Juvenile Gangs Title III: Juvenile Crime Control and Accountability Violent and Repeat Juvenile Offender Act of 1997 - Title I: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 102) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 103) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 106) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution applicable to adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 109) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 110) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 111) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Title II: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 203) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this title's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 204) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 205) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 206) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 208) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 209) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in criminal division of the Department of Justice to prosecute juvenile criminal street gangs. Title III: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this title. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this title. (Sec. 303) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 307) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of Violent Crime Control and Law Enforcement Act of 1994; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 308) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 309) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the Internal Revenue Code, to be used for Federal programs to combat youth violence.

Physical Therapy and Occupational Therapy Education Act of 1997

United States · United States Congress · 21 January 1997

Physical Therapy and Occupational Therapy Education Act of 1997 - Amends the Public Health Service Act to authorize grants to programs of physical therapy and occupational therapy for planning and implementing projects to recruit and retrain physical and occupational therapy faculty and students, develop curriculum, support the distribution of practitioners in underserved areas, or support the continuing development of these professions. Authorizes appropriations.

Health Care Assurance Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Health Care Coverage for Children Title II: Health Care Insurance Coverage Title III: Primary and Preventive Care Services Title IV: Patient's Right to Decline Medical Treatment Title V: Primary and Preventive Care Providers Title VI: Cost Containment Title VII: Tax Incentives for Purchase of Qualified Long-Term Care Insurance Title VIII: National Fund for Health Research Health Care Assurance Act of 1997 - Title I: Health Care Coverage for Children - Healthy Kids Pilot Program Act of 1997 - Mandates grants to a State for planning and establishing a pilot program to provide vouchers to eligible children to enable the children to enroll in a health plan offered in the State. (Sec. 106) Directs the Secretary of Health and Human Services to provide for a payment to each participating State for (unless appropriations are insufficient) 100 percent of the voucher cost and five percent of administration expenses. (Sec. 107) Ties eligibility to: (1) income, excluding children who are eligible for medical assistance under title XIX (Medicaid) of the Social Security Act; (2) age; and (3) citizenship or lawful permanent residency. Regulates voucher amounts. (Sec. 109) Establishes the Healthy Kids Trust Fund. Appropriates amounts from the Fund to carry out this Act. (Sec. 111) Amends the Communications Act of 1934 to modify license application competitive bidding requirements. Requires the Federal Communications Commission to conduct, by competitive bidding, the assignment of licenses for specified frequency bands. Amends the National Telecommunications and Information Administration Organization Act to provide for the reallocation of bands currently used by the Federal Government. Modifies reallocation and distribution of frequency requirements. Title II: Health Care Insurance Coverage - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to mandate: (1) a set of rules for determining the actuarial value of the coverage offered by a plan or group health insurance coverage; and (2) a target actuarial value. Includes coverage for medical and surgical services, medical equipment, preventive services, and emergency transportation in frontier areas (standard coverage). Mandates model regulations specifying standards for making qualified group health plans available to small employers. Allows a State to implement more stringent standards, so long as the State standards do not prevent the offering of at least one plan that provides standard coverage. Requires each group plan offered, and issuer offering group coverage, to a small employer to establish a standard premium in each community rating area. Requires each State to divide the State into one or more community rating areas. Regulates premiums. Provides for the treatment of rates negotiated with a small employer purchasing group in a rating area. Mandates full disclosure of rating practices. Provides for State certification of small employer purchasing groups. Regulates such groups. Provides for payroll deductions for premiums. Requires each such group to offer eligible employees, eligible individuals, and certain uninsured individuals the opportunity to enroll in any qualified group health plan that has an agreement with the group. Regulates premiums. Requires each such group to market plans to members through the entire community rating area served by the group. Mandates grants to States and small employer purchasing groups to assist in planning, developing, and operating such groups. Authorizes appropriations. Authorizes a State to establish a system in all or part of the State under which the groups are the sole mechanism through which coverage for employees of small employers may be purchased or provided. Requires each small employer (except new and very small employers) to make available to each eligible employee a group health plan providing at least standard coverage, with a specified maximum waiting period allowed. Declares that employer cost contributions are not required. Allows the requirement to be met through a multiemployer plan. Applies the requirements of this title to a multiemployer plan that is maintained by an organization such as a trade, industry, or professional association, a chamber of commerce, a religious organization, or a public entity association. Requires that a plan be certified by the Secretary. Sets forth special rules for church plans, plans maintained by a health plan sponsor, or plans maintained by a rural electric or rural telephone cooperative. Amends the Public Health Service Act to apply the provisions of this title to coverage offered in the individual market. (Sec. 211) Amends the Internal Revenue Code to impose taxes on the failure to comply with this title's requirements by a health insurance issuer, any small employer, or a qualified association, church plan, multiemployer plan, or plan maintained by a rural electric or telephone cooperative. (Sec. 214) Allows self-employed individuals to deduct 100 percent of their health insurance costs in 2007 and thereafter. (Sec. 215) Provides for group health plan continuation coverage and modifies the requirements regarding the period of continuation coverage. Title III: Primary and Preventive Care Services - Authorizes appropriations to carry out the healthy start program under provisions of the Public Health Service Act relating to research and investigations generally, requiring reservation of specified amounts for model projects. (Sec. 302) Amends the Public Health Service Act to authorize appropriations for: (1) preventive health service immunization programs; (2) the prevention and control of sexually transmitted diseases; (3) family planning projects; (4) breast and cervical cancer programs; and (5) preventive health and health services block grants. Amends title V (Maternal and Child Health Services Block Grants) of the Social Security Act to authorize appropriations. (Sec. 303) Mandates grants to States to enable the States to: (1) make grants to establish, operate, and improve local programs of comprehensive health education and prevention, early health intervention, and health education in elementary and secondary schools; and (2) develop related training, technical assistance, and coordination. Establishes in the Office of the Secretary of Education the Office of Comprehensive School Health Education. Authorizes appropriations. (Sec. 304) Mandates a program of grants to agencies conducting Head Start training for training and technical assistance to Head Start teachers and other child care providers. Authorizes appropriations. (Sec. 305) Amends adolescent family life demonstration project provisions of the Public Health Service Act to include in the definition of "necessary services" the providing of information about abstinence. Requires that demonstration project grants, as much as practicable, ensure adequate urban and rural area representation. Mandates a simplified and expedited application process for applicants seeking under a specified amount of funds. Authorizes appropriations to carry out the adolescent family life demonstration project provisions. Title IV: Patient's Right to Decline Medical Treatment - Prohibits State restrictions, except to protect a third party, on the right: (1) of a competent adult to consent to or decline medical treatment; or (2) of an incapacitated person to consent to or decline medical treatment through a power of attorney or similar document. Mandates development of national advance directive and durable power of attorney forms and requires all health care providers to honor such forms. Shields providers who act in good faith from criminal or civil liability or professional discipline. Denies Medicare and Medicaid payment for services contrary to the adult's wishes. Title V: Primary and Preventive Care Providers - Amends title XVIII (Medicare) of the Social Security Act to modify or establish payment requirements regarding certified nurse midwives, nurse practitioners, clinical nurse specialists, and physician assistants. Allows (current law requires) payment to the employer of a physician assistant or nurse practitioner for the services provided. (Sec. 502) Amends title XIX (Medicaid) of the Social Security Act to include physician assistants, nurse practitioners, clinical nurse specialists, and certified registered nurse anesthetists in the definition of "medical assistance" for which payment will be made. (Sec. 503) Amends the Public Health Service Act to establish grant programs to: (1) provide medical (including osteopathic) students for programs to interest high school or college students in careers in general medical practice; and (2) develop strategies for recruiting and placing medical students interested in practicing general medicine. Authorizes appropriations. Title VI: Cost Containment - Authorizes a program of clinical trials regarding promising new drugs and disease treatments. Authorizes appropriations. (Sec. 602) Authorizes appropriations for the Agency for Health Care Policy Research. Amends the Internal Revenue Code to impose a tax on health insurance premiums, payable by any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax or for whose use or benefit the same are made, signed, issued, or sold. Establishes, and deposits the resulting tax receipts in, the Trust Fund for Medical Treatment Outcomes Research. Mandates annual Trust Fund distributions for outcomes research. (Sec. 603) Mandates establishment of a national health insurance data and claims system and a national database for health insurance and health outcomes information. Authorizes appropriations. (Sec. 604) Mandates grants to States that establish health care cost containment and quality information systems. Authorizes appropriations. Title VII: Tax Incentives for Purchase of Qualified Long-Term Care Insurance - Allows a credit for a percentage of premiums for a long-term care insurance contract. (Sec. 702) Includes (currently, excludes) long-term care insurance from the definition of "qualified benefits" in provisions relating to cafeteria plans. Excludes from (currently, includes in) an employee's gross income employer-provided coverage for long-term care. (Sec. 703) Excludes from gross income amounts from the whole or partial surrender, cancellation, or exchange of any life insurance contract if the amount is used to pay for any qualified long-term care insurance contract and other requirements are met. Declares that no gain or loss shall be recognized on the exchange of a life insurance or annuity contract for a long-term care contract if certain requirements are met. (Sec. 704) Makes a home equity conversion sale-leaseback transaction eligible for the one-time exclusion from gain from the sale of a principal residence if a portion of the proceeds are used to purchase a qualified long-term care contract and other requirements are met. Title VIII: National Fund for Health Research - Amends the Public Health Service Act to establish the National Fund for Health Research, consisting of amounts transferred to the Fund and interest on those amounts. Requires distribution of all amounts in the Fund in a year to the institutes and centers of the National Institutes of Health in the same proportion as appropriations.

Southern Nevada Public Land Management Act of 1997

United States · United States Congress · 21 January 1997

Southern Nevada Public Land Management Act of 1997 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows the State of Nevada or the unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain the lands for local public purposes pursuant to the Recreation and Public Purposes Act (RPPA). Requires the Secretary, upon application by a unit of local government or regional governmental entity (the Southern Nevada Water Authority, the Las Vegas Valley Water District, the Regional Flood Control District, and the Clark County Sanitation District), to issue right-of-way grants (valid in perpetuity) on Federal lands in Clark County for all facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water or wastewater; or (2) flood control management. Waives rental or cost recovery fees with respect to such grants. Directs the Secretary to make such lands available to Clark County in accordance with the RPPA for the construction of youth activity facilities. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; and (3) a special account in the Treasury for the acquisition of environmentally sensitive land in Nevada, capital improvements in Federal areas in Clark County and the Spring Mountains National Recreation Area, and development of a multispecies habitat conservation plan, parks, trails, and natural areas in Clark County. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions, including conditions governing proceeds from the sale or lease of such property by Clark County. (Sec. 5) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). (Sec. 7) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the RPPA, to transfer the reversionary interest in such lands to other non-Federal lands on an equal value basis. Requires the Secretary, in consultation with the Secretary of Housing and Urban Development, to make available land in Nevada, in accordance with the RPPA, for purposes of affordable housing (housing that is assisted under the United States Housing Act of 1937) only to State and local governmental entities (including local public housing authorities). (Sec. 8) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.

Nuclear Waste Policy Act of 1997

United States · United States Congress · 21 January 1997

Nuclear Waste Policy Act of 1997 - Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1997. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate an integrated management system for the storage and permanent disposal of spent nuclear fuel and high-level radioactive waste; (2) store spent nuclear fuel and high-level radioactive waste beginning no later than November 30, 1999, at designated facilities pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (using systems and components procured and manufactured in the United States); and (4) engage private sector participation to the greatest extent possible in the implementation of this Act. Shields the United States from any financial liability for the Secretary's failure to meet acceptance or emplacement deadlines under this Act. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Sets a deadline for development of the capability to commence rail to truck intermodal transfer from the mainline rail line at Caliente, Nevada, to the interim storage facility site. Directs the Secretary to offer to enter into a prescribed benefits agreement with Lincoln County, Nevada, including a payment schedule. Requires conveyance to such County of specified Federal lands. Prescribes procedural guidelines for the availability beginning by November 30, 1999, of safe transportation for spent nuclear fuel and high-level radioactive waste from sites designated by the contract holders to mainline transportation facilities using routes that minimize transportation through populated areas. Requires development by such date of a comprehensive management plan that ensures safe transportation from sites designated by the contract holders to the interim storage facility site. Prescribes general transportation requirements, including public education programs for States, local governments, and Indian tribes through whose jurisdiction the Secretary plans to transport substantial amounts of spent nuclear fuel or high-level radioactive waste. Requires a transporter of nuclear waste under contract with the Secretary to comply with all governmental and Indian tribal transportation regulations. Instructs the Secretary of Transportation to promulgate employee protection training standards for workers directly involved in nuclear waste transportation, storage, and disposal. Sets forth a phased schedule for the Secretary to begin operating an interim nuclear waste storage facility; but prohibits construction activities before December 31, 1998. Instructs the Secretary to: (1) cease all but termination activities at the Yucca Mountain site if the President determines it is unsuitable for repository development; (2) present a viability assessment of the site to the President and the Congress by a specified deadline; and (3) proceed with all activities necessary to begin acceptance of nuclear waste at another interim storage facility site designated by the President. Precludes construction activities, however, until the site has been approved by law. Prescribes two-tiered design and licensing phases for the site. Instructs the Administrator of the Environmental Protection Agency to issue generally applicable standards for the protection of the public from releases of radioactive materials or radioactivity from the repository. Mandates that the Nuclear Regulatory Commission's (NRC) repository licensing determinations for the protection of the public be based solely upon a finding that the repository can be operated in conformance with an overall system performance standard that incorporates the Administrator's radiation protection standards. Authorizes the Secretary to make grants (including financial and technical assistance) to enable affected Indian tribes or local governmental units to monitor and review the impact of the integrated management system upon residents at the Yucca Mountain site. Directs the Secretary to offer an affected local government unit the opportunity to designate an on-site representative to conduct oversight activities at an interim storage facility or repository site. Provides that acceptance of benefits under this Act by any affected Indian tribe or local government shall not be deemed an expression of consent to the siting of an interim storage facility or repository in Nevada. Instructs the Secretary of the Interior to convey all Federal interest in specified property to Nye County, Nevada. Prescribes contract guidelines for the Secretary to accept title to, and transport, store, and dispose of spent nuclear fuel or high-level radioactive waste. Prescribes a schedule of annual fees payable to the Secretary of Energy for electricity generated by civilian nuclear power reactors, and of a one-time fee for spent nuclear fuel used in such generation. States that payment of the latter one-time fee relieves the payer of further financial obligation to the Federal Government for its long-term storage or permanent disposal of spent fuel or waste derived from spent nuclear fuel used to generate electricity in a civilian power reactor before January 7, 1983. Mandates annual fee reviews, and adjustment proposals to the Congress if appropriate. Continues the Nuclear Waste Fund. Establishes the Office of Civilian Radioactive Waste Management within the Department of Energy, whose Director shall be directly responsible to the Secretary for executing the Secretary's functions under this Act. Directs the Secretary to issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel from foreign research reactors. Authorizes appropriations. Preempts State and local law in favor of this Act and the Atomic Energy Act. Grants U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings about facility expansions and transshipments. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial arrangements for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an emplacement schedule for contract holders' spent nuclear fuel and high-level radioactive waste. States that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste constitutes a transfer of title to the Secretary. Authorizes the Secretary to: (1) accept all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La Crosse Reactor; and (2) pay for the on-site storage of such fuel until DOE removes it from the site. Authorizes the Secretary to establish a Decommissioning Pilot Program to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas. Prohibits the use of the Nuclear Waste Fund for such Pilot Program. Declares that nothing in this or any other Federal law shall be construed as a reservation of Federal water or water rights for any purpose arising under this Act. Authorizes the United States to acquire and exercise such rights, subject to certain restrictions. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure to the maximum extent its operation like a private business. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ, on an on-going basis, integrated performance modeling regarding site characterization. Declares that this Act shall become effective one day after enactment.

A bill to amend the Internal Revenue Code of 1986 to provide a nonrefundable tax credit for the expenses of an education at a 2-year college.

United States · United States Congress · 21 January 1997

Amends the Internal Revenue Code to allow a limited tax credit for educational expenses at a two-year college.

Comprehensive Fetal Alcohol Syndrome Prevention Act

United States · United States Congress · 21 January 1997

Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Mandates establishment of a collaborative program to conduct and support research, training, and dissemination of information regarding the cause, prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.

A bill to amend the Age Discrimination in Employment Act of 1967 to allow institutions of higher education to offer faculty members who are serving under an arrangement providing for unlimited tenure, benefits on voluntary retirement that are reduced or eliminated on the basis of age, and for other purposes.

United States · United States Congress · 21 January 1997

Amends the Age Discrimination in Employment Act of 1967 to declare that it is not a violation of certain age discrimination provisions solely because a plan or arrangement of a higher education institution offers employees with unlimited tenure benefits on a voluntary retirement that are reduced or eliminated on the basis of age.

Medicare Diabetes Education and Supplies Amendments of 1997

United States · United States Congress · 21 January 1997

Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.

Higher Education Bond Parity Act

United States · United States Congress · 21 January 1997

Higher Education Bond Parity Act - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.

A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under the Health Careers Opportunity Program, the Minority Centers of Excellence Program, and programs of grants for training projects in geriatrics, and to establish a social work training program.

United States · United States Congress · 21 January 1997

Amends the Public Health Service Act to make disadvantaged students enrolled in social work programs eligible for scholarships. Makes schools offering social work programs eligible for assistance for certain disadvantaged faculty programs, programs to support excellence in health profession education for minorities, programs to support health career opportunities, and programs to support geriatric training projects. Authorizes grants to, or contracts with, hospitals, schools offering programs in social work, or other entities for the development of social work training programs and financial assistance to participants and teachers of such programs. Authorizes grants to, or contracts with, schools offering programs in social work to meet the costs of projects to establish or maintain administrative units to provide clinical instruction in social work. Authorizes and allocates appropriations. Adds "clinical social worker" to specified profession definitions under health maintenance organization provisions.

Domestic Violence Identification and Referral Act of 1997

United States · United States Congress · 21 January 1997

Domestic Violence Identification and Referral Act of 1997 - Amends the Public Health Service Act to give preference, in making grants or contracts under provisions relating to health professions education and provisions relating to nurse education, to certain health professions entities that train students in the identification, examination, treatment, and referral of victims of domestic violence.

A bill to amend the Internal Revenue Code of 1986 to allow companies to donate scientific equipment to elementary and secondary schools for use in their educational programs, and for other purposes.

United States · United States Congress · 21 January 1997

Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution," for purposes of the deduction for charitable contributions. Redefine such term as a "qualified research or education contribution."

Retirement Security Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Toward Equity for Women Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to establish, through a private entity awarded a contract by the Secretary of Labor, a payroll deduction and investment system, under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Sets forth system provisions for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations: (1) for the Secretary of Labor to design and award the contract for such system; and (2) for the contractor to begin operations under this chapter. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an option to suspend employer contributions. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Sets forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 one of the compensation criteria for a highly compensated employee. Excludes specified categories of employees from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Sets forth a special limitation rule for governmental and multiemployer plans, allowing annual benefits of up to $90,000. Exempts certain excess benefit arrangements from the $7,500 or one third of includible compensation limit for annual benefits. Prohibits such benefits from being taken into account in determining whether any other plan is an eligible deferred compensation plan. Provides a similar annual benefit exemption for survivor and disability benefits under multiemployer plans. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods for purposes of employee contributions. (Sec. 166). Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC (401(k) plans) by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Toward Equity for Women - Amends the IRC with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in plan is not treated as participation by the individual's spouse. (Sec. 402) Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 403) Amends the IRC and ERISA with respect to division of pension benefits upon divorce to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to the former spouse. (Sec. 404) Amends Federal civil service law to revise requirements for: (1) election of alternative deferred annuities by the surviving spouses of Federal employees; and (2) payment of lump-sum credit for former spouses of Federal employees (to state that payment to a person bars recovery by any other person). (Sec. 406) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.

Education for the 21st Century Act

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Tax Incentives for Higher Education Title II: Educational Facilities Improvement Title III: America Reads Challenge Subtitle A: Parents As First Teachers Challenge Grants Subtitle B: Challenging America's Young Readers Title IV: Investing in Technology for the Classrooms Subtitle A: Sense of the Senate Subtitle B: Educational Technology Clearinghouses Education for the 21st Century Act - Title I: Tax Incentives for Higher Education - Amends the Internal Revenue Code to establish a refundable tax credit (Hope Tax Credit) of up to $1,500 (inflation-adjusted) per academic year for higher education expenses (tuition and academic fees) of the first two years of post-secondary education. Reduces such credit to zero by certain increments according to a specified formula for modified adjust gross incomes between $50,000 and $70,000 (between $80,000 and $100,000 for joint returns). Limits the credit to students graduating from high school (or the equivalent) with a grade-point average of 2.75 on a four-point scale. (Sec. 102) Allows a tax deduction (apart from other itemized deductions) for up to $10,000 per individual per academic year paid by the taxpayer for the same higher education expenses (at any undergraduate or graduate school level). Allows such deduction for education to acquire or improve job skills. Sets the same income limits as for the Hope Tax Credit. (Sec. 103) Allows a tax deduction (apart from other itemized deductions) for interest on education loans. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. Title II: Educational Facilities Improvement - Educational Facilities Improvement Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise title XII (School Facilities Infrastructure Improvement Act of 1994) assistance for construction and renovation of educational facilities. (Sec. 202) Revises provisions relating to findings and the purpose of such title. Names current provisions as the part A General Infrastructure Grant Improvement Program Establishes a Construction and Renovation Bond Subsidy Program. Directs the Secretary of Education to award entitlement grants to States and local bond authorities to pay portions of interest costs applicable to bonds issued to finance specified activities for the construction and renovation of educational facilities in local areas. Makes appropriations for FY 1998 for such bond subsidy program. (Sec. 203) Amends the Education Infrastructure Act of 1994 to extend the authorization of appropriations for the General Infrastructure Grant Improvement Program. Makes appropriations for FY 1998 through 2002 for such program. Entitles to payments each State or local bond authority awarded a grant under the program. Title III: America Reads Challenge - Subtitle A: Parents as First Teachers Challenge Grants - Parents as First Teachers Challenge Grant Act of 1997 - Authorizes the Secretary to award: (1) at least two grants to public or private agencies or institutions to support national or regional networks that share information on helping eligible children to read; and (2) at least two grants to State or local government agencies, nonprofit community groups or organizations, or consortia thereof, for programs or activities that help parents to be good teachers to their children and assist them in learning to read. Makes children eligible if they are attending any level from pre-school through third grade. (Sec. 317) Authorizes appropriations for FY 1998 through 2002 for such challenge grant program. Entitles grant recipients to payments. Subtitle B: Challenging America's Young Readers - Challenging America's Young Readers Act of 1997 - Directs the Secretary of Education and the Chief Executive Officer of the Corporation for National and Community Service (the Administrators) to: (1) make allotments to State educational agencies for grants for reading tutoring programs for children attending any level from pre-school through third grade; and (2) reserve certain amounts for direct grants to local reading programs, national leadership and evaluation activities, programs for Indian children, and programs in territories. (Sec. 330) Directs the Chief Executive Officer of the Corporation for National and Community Service to make available to carry out this subtitle for FY 1998 through 2002 specified funds under the National and Community Service Act of 1990. Makes appropriations to the Secretary of Education to carry out this subtitle for FY 1999 through 2002. Entitles to payments each entity receiving an allotment, awarded a grant, or entering into a contract or cooperative agreement, under this subtitle. Title IV: Investing in Technology for the Classrooms - Subtitle A: Sense of the Senate - Expresses the sense of the Senate that it is in the Nation's best interest for the Federal Government to invest at least $1.8 billion in additional funding for education technology programs between FY 1998 and 2002. Subtitle B: Educational Technology Clearinghouses - Directs the Secretary of Education to make grants to or contracts with regional public or private nonprofit entities to support a system of regional educational technology clearinghouses, developed according to specified requirements, to serve each geographic region of the United States. (Sec. 424) Authorizes appropriations for FY 1998 through 2002.

American Family Tax Relief Act

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Child Tax Credit Title II: Capital Gains Reform Subtitle A: Taxpayers Other Than Corporations Subtitle B: Corporate Capital Gains Subtitle C: Capital Loss Deduction Allowed with Respect to Sale or Exchange of Principal Residence Title III: Estate and Gift Provisions Title IV: Savings Incentives American Family Tax Relief Act - Title I: Child Tax Credit - Amends the Internal Revenue Code to allow a credit of $500 per child. Reduces such credit incrementally as income increases above threshold amounts. Title II: Capital Gains Reform - Subtitle A: Taxpayers Other Than Corporations - Provides for taxpayers, other than corporations, a deduction of 50 percent of net capital gain. Provides that, in the case of an estate or trust, the deduction shall be computed by excluding the portion of the gains from sales or exchanges of certain capital assets includible in gross income by the income beneficiaries as gain derived from the sale of capital assets. Excludes collectibles gain from the computation of net capital gain. Sets forth a formula for determining the maximum rate on nondeductible capital gain. Allows the deduction in computing adjusted gross income. (Sec. 202) Provides that for taxpayers, other than corporations, the indexed basis of an asset shall be substituted for its adjusted basis in determining gain on the disposition of an indexed asset, if held more than three years. Defines an indexed asset as: (1) common stock in a C corporation; and (2) tangible property which is a capital asset used in a trade or business. Defines the indexed basis as: (1) the adjusted basis of the asset, increased by; (2) the applicable inflation adjustment. Defines applicable inflation adjustment. Suspends treatment of an asset as an indexed asset during any period in which a taxpayer enters into an agreement which substantially reduces the risk of loss of holding the asset. Provides for the treatment of short sales. Permits such substitution, subject to stated exceptions, to any qualified investment entity. Permits stock in a regulated investment company or a real estate investment trust to be an indexed asset as specified. Provides for pass-through in the case of: (1) a partnership to partners; (2) an S corporation to shareholders; and (3) a common trust fund to participants. Makes the provisions of this section inapplicable to a disposition of property between related persons, except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Sets forth rules concerning: (1) improvements; (2) assets which are not indexed assets throughout the holding period; (3) treatment of certain dispositions; (4) acquisition date where there has been a prior application of this section; and (5) collapsible corporations. Applies the provisions of this section to the disposition of property the holding period of which began after December 31, 1996. (Sec. 203) Repeals the minimum tax preference applicable to the sale of certain small business stock. Doubles the amount of assets a qualified small business may have and remain eligible for reduced rates. Repeals the per-issuer limitation on a taxpayer's eligible gain. Requires that certain working capital of a small business must be expended in five (currently, two) years to be treated as actively in business. Subtitle B: Corporate Capital Gains - Provides for a reduction in the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Treats as a deductible capital loss a loss from the sale or exchange of a principal residence. Title III: Estate and Gift Provisions - Increases, over an eight year period, the unified estate and gift tax credit. (Sec. 302) Establishes estate tax rules for qualified family-owned business interests, if such interests exceed 50 percent of the adjusted gross estate. Excludes, subject to specified requirements, from the value of such an estate the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or; (2) the sum of $1.5 million, plus 50 percent of the excess of the adjusted value of such interests over $1.5 million. Subjects such exclusion to recapture, if specified events occur. (Sec. 303) Extends from 10 to 20 years the amount of time permitted to an estate for making installment payments of the estate tax in an estate consisting largely of interest in a closely held business. Revises provisions concerning the payment of interest on such tax to make a certain portion interest-free. Title IV: Savings Incentives - Increases incrementally, through the year 2000, the adjusted gross income phaseout limits for IRA (individual retirement account) contributions. Repeals, after the year 2000, such limits. Permits a spouse who is not an active IRA plan participant to make a deductible IRA contribution of up to $2,000 without regard to such limits. (Sec. 403) Permits an individual to create an IRA Plus Account into which limited nondeductible contributions can be made. Excludes a qualified distribution from gross income. Defines a qualified distribution as any distribution made: (1) after age 59 and one-half; (2) to a beneficiary after the death of the owner of the account; (3) because of disability; or (4) as a qualified special purpose distribution (medical expenses, long-term unemployment, etc.). Prohibits distributions made within five years of establishing (or, of rolling over into) such an account as being treated as qualified distributions. (Sec. 404) Permits tax-free withdrawals from an individual retirement account for: (1) business start-up costs; (2) long-term (more than 12 weeks) unemployment; or (3) higher education expenses of the taxpayer or the taxpayer's spouse or child.

Voluntary School Prayer Protection Act

United States · United States Congress · 21 January 1997

Voluntary School Prayer Protection Act - Prohibits the provision of Department of Education funds to any State or local educational agency which has a policy of denying, or effectively prevents participation in, constitutionally-protected prayer in public schools by individuals on a voluntary basis.

Youth Violence, Crime, and Drug Abuse Control Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Crime Control Subtitle A: More Police Officers on the Beat Subtitle B: Violent Offender Incarceration and Truth in-Sentencing Grants Subtitle C: Domestic Violence Subtitle D: Assistance to Local Law Enforcement Title II: Youth Violence Control Subtitle A: Federal Juvenile Prosecutions Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders Subtitle C: Juvenile Gun Courts Subtitle D: Gang Violence Reduction Subtitle E: Rights of Victims in State Juvenile Courts Title III: Prevention and Treatment of Youth Drug Abuse and Addiction Subtitle A: Protecting Youth From Dangerous Drugs Subtitle B: Development of Medicines for the Treatment of Drug Addiction Subtitle C: Prevention and Treatment Programs Subtitle D: National Drug Control Policy Subtitle E: Penalty Enhancements Title IV: Protecting Youth From Violent Crime Subtitle A: Grants for Youth Organizations Subtitle B: "Say No to Drugs" Community Centers Act of 1997 Subtitle C: Missing Children Title V: Improving Youth Crime and Drug Prevention Subtitle A: Comprehensive Study of Federal Prevention Efforts Subtitle B: Evaluation Mandate for Authorized Programs Subtitle C: Elimination of Ineffective Programs Title VI: Extension of Violent Crime Reduction Trust Fund Youth Violence, Crime, and Drug Abuse Control Act of 1997 - Title I: Crime Control - Subtitle A: More Police Officers on the Beat - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) extend through FY 2002 the authorization of appropriations for public safety and community policing grants; and (2) limit to 20 percent of grant funds available in any fiscal year the amount authorized for grants for equipment, technology, and support systems. (Sec. 103) Authorizes the Attorney General (AG) to make grants to States, local governmental units, Indian tribes, other public and private entities, and multijurisdictional or regional consortia to encourage the use of, and to implement, 311 (as opposed to 911) nonemergency telecommunication systems for public safety. Authorizes appropriations from the Violent Crime Reduction Trust Fund (Fund) through FY 2002. Subtitle B: Violent Offender Incarceration and Truth-in- Sentencing Grants - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise the formula allocation between States and U.S. territories and possessions for technical assistance and training to entities receiving grants under either the Violent Offender Incarceration or Truth-in-Sentencing grant programs. Extends the authorization of appropriations under each such grant program through FY 2002. Subtitle C: Domestic Violence - Extends through FY 2002: (1) grants to combat violent crimes against women; (2) education and prevention grants to reduce sexual assaults against women; (3) the grant for a national domestic violence hotline; (4) grants for battered women's shelters; and (5) programs for victims of child abuse. Subtitle D: Assistance to Local Law Enforcement - Amends the Omnibus Crime Control and Safe Streets Act of 1968 and the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 the funding for: (1) law enforcement family support; (2) rural drug enforcement and training; (3) DNA identification grants; (4) Byrne grants (law enforcement training and education); (5) technical automation grants; and (6) grants for State court prosecutors. Requires no less than 20 percent of the funds made available during FY 2001 and 2002 for the latter grant program to be used to provide increased resources to State juvenile courts, including its prosecutors, public defenders, and other juvenile court system participants. Title II: Youth Violence Control - Subtitle A: Federal Juvenile Prosecutions - Amends provisions concerning Federal juvenile prosecutions to require a predisposition report, which includes victim impact information, to be prepared by the probation officer and provided to the juvenile, his or her attorney, and the attorney for the government. Directs the juvenile court, after a dispositional hearing, to enter an order of restitution for the victim. Authorizes such court to suspend the findings of juvenile delinquency, place the juvenile on probation, commit the juvenile to official detention (including supervised release), and impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Provides the terms of probation, official detention, or supervised release for such juveniles. Excludes time spent in the custody of the AG for observation and study from time served for a juvenile offense. Authorizes the court, with respect to any juvenile prosecuted and convicted as an adult, to treat the conviction as an adjudication of delinquency and impose any disposition authorized for an adult offender. Requires: (1) a juvenile adjudicated for an act that, if committed by an adult, would be a felony to be fingerprinted and photographed; (2) such records to be sent to the Federal Bureau of Investigation (FBI); and (3) the court to transmit to the FBI information concerning the adjudication and sentence. (Sec. 203) Directs a juvenile court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the offense, the facts and circumstances leading to the dismissal, and the impact of a reprosecution on the administration of justice. Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders - Authorizes the AG to make grants to assist States and local governments in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent juvenile offenders. Requires each facility or program funded under this subtitle to contain an evaluation component, developed under guidelines established by the AG, which includes outcome measures that may be used to determine the effectiveness of the funded programs. Requires periodic reviews and reports. Reserves a specified percentage of program funds for FY 1998 through 2002 for grants to Indian tribes for constructing correctional facilities and establishing correctional programs for the incarceration of tribal juvenile offenders. Requires a report from the AG to the Congress regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs. (Sec. 215) Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for: (1) providing juvenile courts with a range of sentencing options such that first time juvenile offenders face at least some level of punishment as a result of their initial contact with the juvenile justice system; and (2) increasing the sentencing options available to juvenile court judges so that juvenile offenders receive increasingly severe sanctions as the seriousness of their conduct increases and for each additional offense. Requires each applicant to submit a comprehensive implementation plan as part of such application. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of the total program costs. Requires reports and evaluations: (1) from grant recipients to the AG; and (2) from the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2001. Subtitle C: Juvenile Gun Courts - Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for court-based juvenile justice programs that target juvenile firearm offenders through the establishment of juvenile gun courts. Requires each applicant to submit a comprehensive implementation plan. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of total program costs. Requires reports and evaluations as above. Authorizes appropriations from the Fund for FY 1998 through 2002. Subtitle D: Gang Violence Reduction - Part 1: Enhanced Penalties for Gang-Related Activities - Sets forth criminal penalties for anyone who travels in interstate or foreign commerce to recruit, solicit, induce, command, or cause to create, or attempt to create, a franchise of a criminal street gang. (Sec. 242) Includes franchising a criminal street gang as a "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 243) Directs the United States Sentencing Commission (USSC) to provide an appropriate enhancement with respect to any offense committed in connection with, or in furtherance of the activities of, a criminal street gang if the defendant is a member of the gang at the time of the offense. (Sec. 244) Increases the penalties for using physical force to tamper with witnesses, victims, or informants. (Sec. 245) Sets forth criminal penalties for using or carrying a firearm during and in close proximity to (currently, in relation to) any crime of violence or drug trafficking. Directs the USSC to provide an appropriate sentence enhancement with respect to a defendant who discharges a firearm during or in close proximity to a crime of violence or drug trafficking. (Sec. 246) Increases the penalties for transferring a firearm to a minor for use in a crime. (Sec. 247) Eliminates any statute of limitations with respect to any offense punishable by death or for a Class A felony involving murder. (Sec. 248) Extends to ten years after the commission of the offense the statute of limitations with respect to a Class A felony that is a crime of violence or a drug trafficking crime. Part 2: Gang Paraphernalia - Authorizes the appropriate court to enter an order authorizing the installation and use by law enforcement personnel of a pen register or a trap and trace device within the jurisdiction of the court, or of a clone pager whose service provider is within the court's jurisdiction, if the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Authorizes a Federal court to order a provider of a paging service or other person to furnish to appropriate law enforcement personnel all information, facilities, and technical assistance necessary to accomplish the operation and use of a clone pager unobtrusively and with a minimum of interference with normal service. (Sec. 252) Directs the USSC to provide an appropriate sentencing enhancement for any offense in which the defendant: (1) used body armor; (2) possessed a firearm equipped with a laser sighting device; or (3) possessed a firearm while another defendant possessed a firearm so equipped. Subtitle E: Rights of Victims in State Juvenile Courts - Directs the AG to establish guidelines for State programs to require: (1) prior to the disposition of adjudicated juvenile delinquents, that victims or their representatives are provided the opportunity to make a statement or present any relevant information; (2) that such victims be given notice of the disposition; and (3) that restitution to victims may be ordered as part of such a disposition. Requires State compliance with such requirements within three years, with an additional two-year extension authorized to be granted by the AG when a State is determined to be making a good faith effort to implement such requirements. Title III: Prevention and Treatment of Youth Drug Abuse and Addiction - Subtitle A: Protecting Youth from Dangerous Drugs - Directs the AG to add ketamine hydrochloride to schedule III of the Controlled Substances Act. Subtitle B: Development of Medicines for the Treatment of Drug Addiction - Part 1: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations from the Fund for FY 2001 and 2002 for the medication development program (a program providing research into medicines used to treat drug addiction). Part 2: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to: (1) authorize the sponsor of a drug for the treatment of an addiction to illegal drugs to request the Secretary of Agriculture for written recommendations for the investigation necessary for the approval or licensing of such drug; (2) authorize such a sponsor to request the Secretary to designate such drug as a drug for the treatment of addiction to illegal drugs; (3) provide exclusive approval or licensing of such drug as an unpatented drug for such purpose; and (4) provide open protocols for the clinical investigation of such drugs. Part 3: Encouraging Private Sector Development of Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to establish criteria for an acceptable drug for the treatment of an addiction to heroin and one for the treatment of an addiction to cocaine. Requires such criteria to be reviewed by specified congressional committees and published in the Federal Register. Authorizes the patent owner of a drug used for either such treatment to submit to the Secretary an application: (1) to contract to sell to the Secretary such patent rights; or (2) to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of such drug. Provides for purchase amount limitations and the transfer of rights from the patent owner to the Secretary. Requires the Secretary, within 90 days after purchasing patent rights or entering into such an agreement, to develop a plan for the manufacture and distribution of such drug. Authorizes appropriations for FY 1998 through 2000. Subtitle C: Prevention and Treatment Programs - Part 1: Comprehensive Drug Education - Amends the Elementary and Secondary Education Act to extend through FY 2002 the authorization of appropriations from the Fund for the safe and drug-free schools and communities program. Part 2: Drug Courts - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2002 the authorization of appropriations for the drug courts program (a program providing continuing judicial supervision over non-violent offenders with substance abuse problems). (Sec. 362) Authorizes the AG to make grants to States, State courts, local courts and governments, and Indian tribes to establish programs that: (1) involve continuous early judicial supervision over juvenile offenders, other than violent juvenile offenders, with substance abuse or related problems; and (2) integrate administration of other sanctions and services, including testing, treatment, and diversion, probation, or other forms of supervised release. Requires the AG to issue regulations to ensure that such programs do not permit participation by violent offenders. Prohibits the Federal share of such programs from exceeding 75 percent of total program costs, with an authorized limit waiver by the AG. Requires the AG to ensure an equitable geographic distribution of grant awards, with a required specified allocation to Indian tribes. Requires annual reports to the AG from grant recipients. Authorizes the AG to provide technical assistance and training in furtherance of program goals and to carry out program evaluations. Provides for the reallocation of unawarded grant funds. Authorizes appropriations from the Fund for FY 1998 through 2002. Part 3: Drug Treatment - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment (Center) to award grants to, or enter into cooperative agreements with, public and nonprofit private entities to provide treatment to juveniles for substance abuse through programs in which the juveniles reside in facilities made available under the programs. Requires the inclusion by grant recipients of an individualized plan for the provision of services to the juvenile or young adult. Includes as eligible supplemental services under such programs hospital referrals, HIV and AIDS counseling, domestic violence and sexual abuse counseling, and preparation for reentry into society. Requires the appropriate State agency or Indian tribe to certify that the applicant has the capacity to carry out the program and meets certain other requirements. Outlines provisions with respect to: (1) applicants who are also Medicaid providers; (2) the provision of treatment for mental diseases; (3) matching fund requirements; (4) program outreach and accessibility; (5) continuing education for individuals providing such services; (6) the imposition of appropriate charges for such services; (7) applicant reports to the Center Director; and (8) required equitable geographic allocation of grant awards. Limits to five years the period during which payments may be made to any entity under a program. Requires annual Director approval of program payments. Requires the Director to conduct program evaluations and disseminate findings. Requires an initial and periodic reports from the Director to specified congressional committees describing the programs carried out under this Part. Authorizes appropriations for FY 1998 through 2002, including an authorization of appropriations from the Fund for the last two fiscal years. Requires the Secretary of Health and Human Services to make grants to established projects for the outpatient treatment of substance abuse among juveniles. Requires entities receiving such grants to engage in activities to prevent such abuse. Requires such Secretary to evaluate the projects and disseminate evaluation results. Subtitle D: National Drug Control Policy - Amends the National Narcotics Leadership Act of 1988 to extend through FY 2002 the authority for the Office of National Drug Control Policy (Office), as well as the authorization of appropriations for the Office. (Sec. 382) Requires the Office Director to conduct a study on the effect of the 1996 voter referenda in California and Arizona concerning the medicinal use of marijuana and other controlled substances on the general use of such substances in those States. Requires a Director report to specified congressional committees. Authorizes appropriations for FY 1998 and 1999. Subtitle E: Penalty Enhancements - Amends the Controlled Substances Act to increase the penalties for using Federal property to grow or manufacture controlled substances. Directs the USSC to provide an appropriate sentencing enhancement to ensure that such violations are punished substantially more severely than violations that do not occur on Federal property. Title IV: Protecting Youth from Violent Crime - Subtitle A: Grants for Youth Organizations - Authorizes the AG to make grants to States, Indian tribes and national nonprofit organizations in crime-prone areas (such as Boys and Girls Clubs and the 4-H) to: (1) provide constructive activities to youth during nonschool hours to prevent their criminal victimization; (2) provide supervised activities in safe environments to youth in crime-prone areas; (3) provide antidrug education to prevent youth drug abuse; (4) support police officer training and salaries and educational materials; or (5) provide constructive activities to youth in a safe environment through the use of parks and other public recreation areas. Requires annual reports from: (1) grant recipients to the AG; and (2) the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2002. Subtitle B: "Say No to Drugs" Community Centers Act of 1997 - Say No to Drugs Community Centers Act of 1997 - Authorizes the AG to make grants to certain AG-approved recipients to provide the following services to youth during after-school hours or summer vacations: (1) rigorous drug prevention education; (2) drug counseling and treatment; (3) academic tutoring and mentoring; (4) activities promoting interaction between youth and law enforcement officials; (5) vaccinations and other preventive health care; (6) sexual abstinence education; and (7) other activities and instruction to reduce youth violence and substance abuse. Specifies the Federal and non-Federal share of costs under the grant program, as well as grant allocation and reallocation requirements. Authorizes appropriations for FY 2001 and 2002 from the Fund. Subtitle C: Missing Children - Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to contract with the National Center for Missing and Exploited Children in order to provide a national 24-hour toll-free hotline and national resource center for use by missing children. (Currently, the hotline and resource center are required to be established and operated by such Administrator.) Title V: Improving Youth Crime and Drug Prevention - Subtitle A: Comprehensive Study of Federal Prevention Efforts - Directs the AG to enter into a contract with the National Academy of Science or, if the Academy declines, another public or nonprofit private entity to conduct a study to evaluate the effectiveness of federally funded programs for preventing youth violence, youth substance abuse, and the criminal victimization of juveniles. Outlines reporting requirements. Authorizes appropriations. Subtitle B: Evaluation Mandate for Authorized Programs - Directs the AG to provide for the comprehensive and thorough evaluation of the effectiveness of each program under titles II through IV of this Act, using independent evaluation and research criteria. Authorizes the AG to require grant recipients to comply with any information requirements under the mandate. Reserves a specified amount of the funds authorized for such programs to carry out the required evaluation and research. Subtitle C: Elimination of Ineffective Programs - Expresses the sense of the Senate that programs found ineffective under the study required under Subtitle A, above, in addressing juvenile crime and substance abuse should not receive Federal funding in any fiscal year following the issuance of such study. Title VI: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 and the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2002 the authorization of appropriations for the Fund. Reduces by specified amounts in FY 2001 and 2002 the discretionary spending limits set forth under the Congressional Budget Act of 1974.

Safe and Affordable Schools Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Safe and Drug-Free Schools Initiative Subtitle A: Student Opportunity and Safety Subtitle B: Common Sense School Safety Title II: Amendments to the Elementary and Secondary Education Act of 1965 Title III: Tax Incentives for Higher Education Title IV: Funding for Part B of the Individuals With Disabilities Education Act Title V: Adult Education and Family Literacy Subtitle A: Adult Education Act Subtitle B: Demonstration Programs and Projects to Promote Literacy Subtitle C: National Commission on Literacy Safe and Affordable Schools Act of 1997 - Title I: Safe and Drug-Free Schools Initiative - Subtitle A: Student Opportunity and Safety - Student Opportunity and Safety Act - Authorizes appropriations for the grants program established under this subtitle and for program evaluation. (Sec. 115) Directs the Secretary of Education to make grants to eligible entities for 20 to 30 demonstration projects under which low-income parents receive education certificates for the costs of enrolling their eligible children in a choice school. Gives priority to eligible entities that: (1) are conducting a school choice program, involving public or private schools, on the date of enactment of this Act; and (2) operate a school choice program, involving public and private schools, that is authorized by Federal law. Requires 90 percent of such grants (85 percent the first year) to be used for providing education certificates to low-income parents to pay tuition, fees, allowable transportation costs, and costs of certain special programs, for their eligible children to attend a choice school. Allows the remainder to be used for administration of the demonstration project. Declares that such education certificates shall be considered as: (1) aid to parents, not to the choice school. States that such education certificates shall not be considered income to an eligible child or its parent for Federal, State, or local tax purposes, or for determining eligibility for any other Federal program. Subtitle B: Common Sense School Safety - Common Sense School Safety Act - Chapter I: Pupil Safety and Family Choice - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow students, who are program-eligible or who attend a program-eligible school, to switch schools if they have been victims of violent crimes in or on the grounds of their schools. Authorizes the local educational agency (LEA) to use program funds to pay certain supplementary costs for such students to attend any other public or private elementary school or secondary school, including a sectarian school, in that State, that is selected by the student's parent. (Sec. 151) Authorizes States, State educational agencies (SEAs), or LEAs to transfer any non-Federal public funds associated with the education of a student who is a victim of a violent criminal offense while in or on the grounds of a public elementary school or secondary school served by an LEA to another LEA or to a private elementary school or secondary school, including a sectarian school. Chapter II: Victim Assistance Programs - Amends the Victims of Crime Act of 1984 to authorize: (1) use of victim compensation program grant funds for compensation to students who are victims of school violence; and (2) grants for a demonstration project or for training and technical assistance services to a program that assists LEA programs designed to protect victims of and witnesses to incidents of school violence. Chapter III: Innovative Programs to Improve Unsafe Schools - Authorizes appropriations for the grants program established under this chapter. (Sec. 175) Authorizes the Secretary to award grants to States, SEAs, and LEAs for innovative programs to improve unsafe elementary schools or secondary schools. Gives priority to programs that: (1) provide parent and teacher notification of crimes or drug activity occurring at school; (2) provide for the suspension, delay, or restriction of driving privileges of persons under age 18 who have a conviction, an adjudication in a juvenile proceeding, or a finding in a school disciplinary proceeding, involving illegal drugs; (3) link local educational agencies with community-based mentoring programs; (4) include cooperative efforts between the Secretary and the Secretary of Defense to share the training and salary costs of former members of the Armed Forces who are hired as teachers and assigned to teach in public elementary schools and secondary schools, especially in communities adversely affected by the recent closing or substantial downsizing of a military base or facility; and (5) enhance school security measures. Chapter IV: Notification for Juvenile Justice and Law Enforcement Purposes - Directs the Secretary to prepare and distribute to SEAs and LEAs a notice regarding the extent of permissible disclosure of educational records under the General Education Provisions Act and related regulations. Title II: Amendments to the Elementary and Secondary Education Act of 1965 - State Education Flexibility Act - Amends ESEA to include under targeted uses of LEA innovative education assistance funds: (1) programs using scholarships or vouchers provided to a parent by an LEA that permit the parent to select the public or private, including sectarian, school that the parent's child will attend; (2) education reform projects that provide same gender schools, as long as comparable educational opportunities are offered for students of both sexes; and (3) education reform projects that reward teachers, administrators, and schools with cash bonuses and other incentives for significantly improving the academic performance of their students. Title III: Tax Incentives for Higher Education - Affordable College Act - Amends the Internal Revenue Code with respect to qualified State tuition programs to provide for Bob Dole Education Investment Accounts. Limits contributions to such an account to $1,000 in cash per calendar year for an account holder under age 18. Exempts such accounts from Federal income taxation, except the tax on the unrelated business income of charitable organizations. (Sec. 301) Prohibits the establishment of such an account for the benefit of more than one individual. Provides that, if at any time during a calendar year, two or more education investment accounts are maintained for the benefit of an individual, only the account first established shall be treated as a Bob Dole education investment account (except where more than one account exists solely by reason of a rollover contribution). (Sec. 302) Extends permanently the tax exclusion for educational assistance programs provided by employers. Allows such programs to include assistance for graduate education. (Sec. 303) Revises the tax treatment of qualified State tuition programs to exclude from gross income any distributions used for qualified higher educational expenses, including room and board. (Sec. 304) Allows a tax deduction for up to $2,500 per year of interest on education loans, with specified reductions for taxpayers whose adjusted gross income exceeds certain amounts. Allows such deduction whether or not the taxpayer itemizes other deductions. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. (Sec. 305) Excludes from gross income any payments received under a Federal work study program. Title IV: Funding for Part B of the Individuals With Disabilities Education Act - Amends the Individuals with Disabilities Education Act to extend the authorization of appropriations for Assistance for Education of All Children with Disabilities. Title V: Adult Education and Family Literacy - Subtitle A: Adult Education Act - Amends the Adult Education Act (AEA) to revise and consolidate AEA programs for adult education and family literacy, and to extend the authorization of appropriations for such programs. (Sec. 511) Revises requirements for Grants to Eligible Agencies, National Programs, and the National Institute for Literacy. Renames the National Institute Board the National Institute for Literacy Advisory Board. Directs the Secretary of Education to carry out a program of national leadership activities to enhance the quality of adult education and family literacy programs nationwide, including specified types of assistance, evaluation, and demonstration activities. (Sec. 512) Extends the authorization of appropriations for the functional literacy and life skills program for State and local prisoners. (Sec. 513) Revises specified provisions of the Refugee Education Assistance Act of 1980 and ESEA to conform to the amendments made to AEA. Subtitle B: Demonstration Programs and Projects to Promote Literacy - Amends ESEA title X (Programs of National Significance) to authorize the Secretary of Education to make grants to and contracts and cooperative agreements with SEAs, LEAs,, institutions of higher learning, and other public and private organizations to establish Demonstration Partnerships to Promote Literacy. Authorizes appropriations. Subtitle C: National Commission on Literacy - National Commission on Literacy - Establishes the National Commission on Literacy to review and report to the President and the Congress on the social and economic impact of illiteracy in the United States and any correlation between such impact and welfare costs, juvenile delinquency, special education, adult literacy programs, drug addiction, and underemployment. Authorizes appropriations.

A joint resolution proposing an amendment to the Constitution of the United States relating to voluntary school prayer.

United States · United States Congress · 21 January 1997

Constitutional Amendment - Declares that: (1) nothing in the Constitution shall be construed to prohibit individual or group prayer in public schools or other public institutions; (2) no person shall be required by the United States or any State to participate in prayer; and (3) neither the United States nor any State shall compose the words of any prayer to be said in public schools.

Omnibus Crime Control Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Transfer of Alien Prisoners Title II: Exclusionary Rule Reform Subtitle A: Exclusionary Rule Reform Subtitle B: Confession Reform Title III: Violent Crime, Drugs, and Terrorism Subtitle A: Criminal Penalties and Procedures Subtitle B: International Terrorism Subtitle C: Commissions and Studies Title IV: Community Protection Subtitle A: Law Enforcement Assistance Subtitle B: Citizens' Assistance Title V: Criminal Procedure Improvements Subtitle A: Equal Protection for Victims Subtitle B: Firearms Subtitle C: Federal Death Penalty Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title VII: Combating Violence Against Women and Children Subtitle A: General Reforms Subtitle B: Domestic Violence Title VIII: Violent Crime and Terrorism Subtitle A: Violent Crime and Terrorism Subtitle B: Courts and Sentencing Subtitle C: White Collar Crime Subtitle D: Miscellaneous Provisions Title IX: Prison Reform Subtitle A: Prison Litigation Reform Subtitle B: Federal Prisons Title X: Miscellaneous Provisions Title XI: Violent and Repeat Juvenile Offenders Subtitle A: Juvenile Justice Reform Subtitle B: Juvenile Gangs Subtitle C: Juvenile Crime Control and Accountability Omnibus Crime Control Act of 1997 - Title I: Transfer of Alien Prisoners - Transfer of Alien Prisoners Act of 1997 - Directs the Attorney General to begin transferring undocumented aliens who are incarcerated in the United States and whose convictions have become final to the custody of the government of the alien's country of nationality for service of the duration of the alien's sentence in that country, except for aliens who are nationals of a foreign country that the Secretary of State (Secretary) has determined has repeatedly provided support for acts of international terrorism. (Sec. 103) Directs the Secretary to: (1) renegotiate all treaties requiring the consent of such an alien to such a transfer; and (2) withdraw the United States as a party to any such treaty requiring such consent if the Secretary is unable to negotiate a new treaty that would go into effect by December 31, 1998. Specifies that the consent of an alien covered by this title shall not be required before such alien may be designated for transfer or before such alien may be transferred to the country of nationality of that alien. (Sec. 104) Directs the President, by March 1 of each year, to submit to the Congress: (1) a certification as to whether each foreign country has accepted, and has confined for the duration of their sentences, such persons; and (2) a report describing the operation of the provisions of this title, particularly with regard to the ten countries having the greatest number of their nationals incarcerated in the United States. (Sec. 107) Provides for the withholding of bilateral assistance, opposition to multilateral development assistance, and withholding of visas with respect to countries refusing to accept at least 75 percent of such nationals designated for transfer or to confine such persons for at least 85 percent of their sentences, with exceptions. Sets forth provisions regarding certification procedures, waivers, congressional review, and denial of assistance for countries decertified. (Sec. 108) Directs: (1) the Secretary to begin to negotiate and renegotiate bilateral prisoner transfer treaties; and (2) the President to submit to Congress an annual certification as to whether each such treaty in force is effective. Title II: Exclusionary Rule Reform - Subtitle A: Exclusionary Rule Reform - Exclusionary Rule Reform Act of 1997 - Amends the Federal criminal code (the code) to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the Fourth Amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless the exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Provides that evidence which is otherwise excludable under such provision shall not be excludable where the search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the pertinent statute, administrative rule or regulation, or rule of procedure. Subtitle B: Confession Reform - Amends the code to direct the Attorney General to require the Department of Justice (DOJ) to enforce, and defend nationally, the legality of confession reform provisions and, specifically, to pursue the admission into evidence of confessions that are voluntarily given. Provides that, in determining the issue of voluntariness: (1) DOJ shall consider all the circumstances surrounding the confession; (2) the presence or absence of any of certain listed factors shall not be conclusive; and (3) the fact that the defendant had not been advised, prior to questioning, of his or her right to silence and to the assistance of counsel shall not be dispositive. Title III: Violent Crime, Drugs, and Terrorism - Drug Investigation Support and Antiterrorism Act of 1997 - Subtitle A: Criminal Penalties and Procedures - Amends the code to: (1) make it a Federal offense to murder a person during and in relation to any international Olympic Games held in the United States; and (2) include among "internationally protected persons" any participant or guest attending any international sporting event sponsored and sanctioned by the International or United States Olympic Committee. (Sec. 312) Directs the Attorney General to supervise other Federal authorities and personnel in the provision of security services (including conducting a comprehensive review of plans for the housing of athletes and other eligible guests) by establishing an Olympic Security Task Force. Sets forth provisions regarding task force composition, requests for assistance, agreements and regulations, and expedited review of housing arrangements. (Sec. 313) Amends: (1) the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act) to include within provisions regarding malicious destruction by fire or explosives specified activities against any institution or organization receiving Federal financial assistance; and (2) related provisions under the code to cover such activities at public places. (Sec. 314) Makes it a Federal offense to knowingly develop, produce, acquire, stockpile, retain, transfer, own or possess any chemical weapon without lawful authority. Sets forth provisions regarding jurisdiction, payment to the United States of incidental expenses incident to seizure or destruction, criminal forfeiture, warrants for seizure, forfeiture orders, execution of such orders, disposition of seized property, authority of the Attorney General, bars on intervention, jurisdiction to enter orders, depositions, third party interests, and substitute assets. Subtitle B: International Terrorism - Urges the President to commence diplomatic efforts to establish a multilateral sanctions regime against each country that the Secretary determines to have repeatedly provided support for acts of international terrorism. Directs the President to include in the annual report on patterns of global terrorism a description of the extent to which such efforts have been carried out, the degree of their success, and a plan of action for inducing each such country to cease support for acts of international terrorism. (Sec. 322) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the annual country reports on terrorism to include with respect to each foreign country from which the U.S. Government has sought cooperation during the preceding five-year period in the investigation or prosecution of an act of international terrorism against U.S. citizens or interests, information on the extent to which the government of such country is cooperating with the U.S. Government in apprehending, convicting, and punishing each individual responsible and in preventing further acts of terrorism against U.S. citizens in the foreign country. (Sec. 323) Directs the Secretary to submit to specified congressional leaders annual classified and unclassified reports on international terrorism, including a detailed assessment of the efforts of individual countries to take effective action against countries determined to have repeatedly supported acts of international terrorism. (Sec. 324) Amends the State Department Basic Authorities Act of 1956 to replace the current Department of State rewards program with one under which the Secretary may pay a reward to any individual who furnishes information leading to: (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a person or property, for conspiring or attempting to commit such act, for specified narcotics-related offenses, or for aiding or abetting the commission of such acts; or (2) the prevention, frustration, or favorable resolution of such acts. Sets forth provisions regarding coordination with DOJ. Authorizes appropriations. Sets limitations on rewards. Makes an officer or employee of a governmental entity who, while performing official duties, furnishes such information ineligible for a reward under this section. Sets forth reporting requirements. Excludes from judicial review determinations by the Secretary regarding whether to authorize, or the amount of, a reward. Urges the Secretary to pursue additional means of funding the program. Subtitle C: Commissions and Studies - Establishes the National Commission on Terrorism. Title IV: Community Protection - Community Protection Initiative of 1997 - Subtitle A: Law Enforcement Assistance - Amends the code to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Subtitle B: Citizens' Assistance - Citizens' Assistance Act of 1997 - Grants congressional consent to States to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed firearms. (Sec. 423) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize State and local use of drug control and system improvement grant funds to train members of the public in the safe possession, ownership, handling, carrying, and use of firearms, subject to specified restrictions on the collection and use of data about any program participant; and (2) the Brady Handgun Violence Prevention Act to allow the sale, delivery, or transfer of a handgun to a person protected under a court order regarding harassment, stalking, threatening, or related conduct with respect to an intimate partner or such partner's child. Title V: Criminal Procedure Improvements - Subtitle A: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure (FRCP) to provide for six peremptory challenges by each side and rule 23 to allow six-member juries under specified circumstances; and (2) rule 404 of the Federal Rules of Evidence (FRE) to permit rebuttal of attacks on the victim's character. (Sec. 504) Amends the code to repeal a requirement that notice of release of prisoners be used only for law enforcement purposes. (Sec. 505) Amends the Federal judicial code regarding the balance in the composition of rules committees. Subtitle B: Firearms - Imposes the following minimum penalties: (1) five years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) ten years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 522) Provides mandatory penalties of ten or twenty years' imprisonment, respectively, for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses. (Sec. 523) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 524) Prohibits possession of an explosive during the commission of a felony. (Sec. 525) Doubles the penalty for a second offense of using an explosive to commit a felony. (Sec. 526) Amends: (1) the Controlled Substances Import and Export Act (CSIEA) to require the court to sentence a person convicted of specified acts of international drug trafficking (importation offense) consisting of bringing into the United States a mixture or substance equal to 100 usual dosage amounts of such mixture or substance, to life imprisonment without possibility of release (or death, for repeat violations); and (2) the code to make a second or subsequent importation offense consisting of bringing a controlled substance into the United States an aggravating factor in determining whether a death sentence is justified. Subtitle C: Federal Death Penalty - Revises Federal death penalty standards and procedures, including by requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) used or possessed a firearm during and in relation to the commission of the offense or in escaping or attempting to escape apprehension; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied upon in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or if it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. Amends the code to include death during commission of another crime as an aggravating factor for homicide. Adds many other such aggravating factors, such as that the victim of a capital offense was pregnant, handicapped, or a custodial parent of a child under age 18. (Sec. 542) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 543) Provides for imposition of the death penalty for murders committed in the District of Columbia. Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and CSIEA to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties. (Sec. 602) Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 603) Revises death penalty provisions under the code pursuant to regulations to be promulgated by the Attorney General. Directs a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate Federal facilities for that purpose. (Sec. 604) Limits the term of office of the Administrator of the Drug Enforcement Agency to a single ten-year period, with an exception. (Sec. 605) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. (Sec. 606) Amends the CSA to set mandatory minimum prison sentences for persons who use minors in drug trafficking activities or who sell drugs to minors. Increases penalties for committing drug offenses in drug-free zones. (Sec. 607) Amends the CSA and CSIEA to increases penalties for trafficking in listed chemicals. Title VII: Combating Violence Against Women and Children - Subtitle A: General Reforms - Makes religious organizations eligible to participate in any grant program authorized pursuant to the Violence Against Women Act of 1994 (VAWA) which allow for the participation of nongovernmental entities, programs, or agencies, or private organizations. Prohibits Federal or State governmental agencies receiving funds under any such program from discriminating against an organization on the basis that such organization has a religious character. (Sec. 702) Authorizes appropriations for FY 1999 under: (1) the Safe Streets Act for domestic violence arrest grants; (2) the VAWA for rural domestic violence and child abuse enforcement assistance; and (3) the Runaway and Homeless Youth Act for runaway, homeless, and street youth assistance grants. Subtitle B: Domestic Violence - Amends the code to authorize the death penalty for fatal interstate domestic violence offenses and fatal interstate violations of protective orders. (Sec. 713) Amends FRE 404 to allow the admission of evidence of the defendant's disposition toward the victim in domestic violence and other cases. (Sec. 714) Amends the code to provide for testing for the human immunodeficiency virus (HIV) in sexual assault cases. Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines to enhance the sentence in such cases where the offender knew he or she was infected, except if the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) provisions regarding payment of the cost of testing for sexually transmitted diseases to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Title VIII: Violent Crime and Terrorism - Subtitle A: Violent Crime and Terrorism - Amends the Antiterrorism Act to apply enhanced penalties for the use of explosives or arson crimes to damage or destroy the property of any institution or organization receiving Federal financial assistance. Redefines: (1) "biological agent" to include bacteria, fungi, rickettsiae, protozoa, or any synthesized component of any microorganism or infectious substance; and (2) "toxin" to include the toxic product of plants, animals, microorganisms, or a synthesized molecule. (Sec. 802) Includes within the scope of the kidnapping offense abductions when an individual travels in interstate or foreign commerce, or when the mail or a facility in interstate or foreign commerce is used, in furtherance of the offense. (Sec. 803) Expands provisions regarding violent crimes in aid of racketeering activity to cover all violent crimes in aid of racketeering activity and to increase penalties for specified attempt and conspiracy offenses. (Sec. 804) Amends: (1) the Brady Handgun Violence Prevention Act to provide that a person who conspires to commit an offense under the Act shall be subject to the same penalties (including the death penalty) as prescribed for the offense; and (2) the Antiterrorism Act to provide for the death penalty for conspiracies involving explosives. (Sec. 805) Includes as a "serious drug offense" (and a predicate offense under the Armed Career Criminal Act) an offense under State law which would have been punishable by a maximum term of at least ten years' imprisonment; (1) if it had been prosecuted as a CSA violation at the time of the offense; and (2) because of the type and quantity of the controlled substance involved. (Sec. 806) Increases penalties for violence in the course of a riot. (Sec. 807) Eliminates as a requirement for carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 808) Sets penalties for: (1) criminal offenses committed by persons formerly serving with, presently employed by, or accompanying the armed forces outside the United States; (2) the use of interstate commerce facilities in the commission of felony crimes of violence for hire; and (3) specified felony offenses directed at buildings or property in Indian country. (Sec. 810) Enhances penalties for offenses resulting in death involving assault on mail delivery people, robberies and burglaries involving controlled substances, interstate domestic violence, animal enterprise terrorism, and racketeering. Subtitle B: Courts and Sentencing - Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing useful investigative information although not regarding a particular individual. (Sec. 822) Amends the code to: (1) allow appeals by the United States in a criminal case to lie to a court of appeals under specified circumstances as to any part of any count; and (2) repeal a requirement that the U.S. attorney certify to the district court that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. (Sec. 824) Amends: (1) VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes; and (2) the code to authorize the court to impose a sentence of probation or supervised release with or without conditions when reducing a sentence of imprisonment in certain cases. Subtitle C: White Collar Crime - Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 843) Makes provisions regarding transportation of stolen vehicles, and sale or receipt of stolen vehicles, applicable to vessels (certain watercraft). (Sec. 844) Defines "subpoena for records," for purposes of provisions regarding obstruction of criminal investigations, to include a Federal grand jury subpoena for customer records that has been served relating to a violation of, or a conspiracy to violate, the CSA, CSIEA, or certain Internal Revenue Code (IRC) provisions. (Sec. 845) Authorizes the Attorney General to commence a civil action in Federal court to enjoin counterfeiting and forgery violations. Directs that a permanent or temporary injunction or restraining order be granted without bond. Requires the court to proceed as soon as practicable to the hearing and determination of such an action and authorizes the court, at any time before final determination, to enter such a restraining order or prohibition or to take such other action as is warranted. Specifies that a proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the FRCP. Subtitle D: Miscellaneous Provisions - Increases penalties for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 862) Makes the prohibition on the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of provisions relating to certain interceptions not involving governmental misconduct. (Sec. 863) Amends provisions concerning violations of, or crimes committed while on, probation or parole to violations of, or crimes committed while on, supervised release. (Sec. 864) Includes providing material support to designated foreign terrorist organizations as a predicate offense under money laundering provisions. (Sec. 866) Defines "financial institution" to cover foreign bank branches in a commonwealth, territory, or possession of the United States. Title IX: Prison Reform - Subtitle A: Prison Litigation Reform - Renames the Prison Litigation Reform Act (PLRA) of 1995 (title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA)) as the PLRA of 1996. (Sec. 902) Amends OCRAA provisions with respect to prison conditions to prohibit the court from ordering any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or that otherwise violates State or local law, unless Federal law requires (currently, permits) such relief to be ordered in violation of State or local law and other specified conditions are met. Sets forth provisions regarding orders refusing to impose a stay and court intervention. (Sec. 903) Amends the Civil Rights of Institutionalized Persons Act to provide that no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrative remedies. Limits recovery of attorney's fees except to the extent that such fees were directly and reasonably incurred in: (1) proving an actual violation of the plaintiff's Federal rights; (2) successfully obtaining contempt sanctions for a violation of previously ordered prospective relief that meets specified standards, if the plaintiff made a good faith effort to resolve the matter without court action; or (3) successfully obtained court ordered enforcement of previously ordered prospective relief that meets such standards, if the enforcement order was necessary to prevent an imminent risk of serious bodily injury to the plaintiff and the plaintiff made a good faith attempt to resolve the matter without court action. Requires the amount of the fee to be proportionately related to the court ordered relief for the violation. Specifies that: (1) if a monetary judgment is the sole or principal relief awarded, the award of attorney's fees shall not exceed 100 percent of the judgment; and (2) no award of attorney's fees shall be based on an hourly rate greater than 150 percent of the hourly rate established for payment of court-appointed counsel or $100 per hour, whichever is less. Authorizes a defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Specifies that such waiver shall not waive any affirmative defense available to the defendant and that no relief shall be granted to the plaintiff unless a response has been filed. Authorizes the court to direct any defendant to file a response. (Sec. 904) Amends Federal judicial code provisions regarding proceedings in forma pauperis to require the court to assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average of the highest monthly balance recorded for the prisoner's account for each of the six months immediately preceding the filing of the complaint or notice of appeal. Directs the agency having custody of the prisoner to forward certain deducted payments to clerk of the court either upon deduction or on a monthly basis, accompanied by appropriate documentation. Authorizes the agency, if the judgment for costs is held by the agency or the agency's employees having custody of the prisoner, to withdraw 20 percent of each deposit to the prisoner's account and apply that amount to payment of the judgment until the judgment is paid in full. (Sec. 905) Authorizes the court, in any civil action brought in Federal court by a prisoner other than a prisoner confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Permits the court, upon making such affirmative finding, to: (1) revoke good time credit or the institutional equivalent accrued to the prisoner; or (2) consider such finding in release determinations. (Sec. 906) Amends the PLRA to provide that any damages (currently, any compensatory damages) awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Repeals a requirement that the remainder of any such award be forwarded to the prisoner. (Sec. 907) Amends the PLRA to authorize the court, in any civil action brought by a person convicted of a crime and confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Directs the Bureau, if the court makes such affirmative finding, to revoke unvested good time credit or the institutional equivalent accrued to the prisoner. (Sec. 908) Specifies that: (1) credit that has not been earned may not later be granted and credit that has been revoked (under section 907) may not later be reinstated; and (2) credit awarded may be revoked by the Bureau for noncompliance with institutional disciplinary regulations at any time before vesting. Subtitle B: Federal Prisons - Creates an exemption from wiretapping provisions for: (1) interception by a law enforcement officer of any wire, oral, or electronic communication if at least one of the parties to the communication is an inmate or detainee in the custody of the Attorney General of the United States or is in the custody of a State or political subdivision thereof; or (2) the use of a pen register, trap and trace device, or clone pager if the facility is regularly used by such an inmate or detainee. Directs the Attorney General to promulgate regulations governing such interceptions to protect communications protected by the attorney-client privilege and the right to counsel guaranteed by the sixth amendment. (Sec. 912) Requires the Bureau (with exceptions) to ensure that no prisoner or detainee under its jurisdiction: (1) engages in any physical activity designed to increase or enhance fighting ability or to increase physical strength; and (2) is permitted access to certain television or movie viewing, sexually explicit printed material, or bodybuilding or weightlifting equipment; (3) is permitted possession of any in-cell coffee pot, hot plate, or other heating element; or (4) is permitted use or possession of electric or electronic musical equipment. Requires the Director to ensure that each convicted inmate in the custody of the Attorney General and confined in a Federal prison, correctional facility, jail, or other facility shall be engaged in work. Sets forth provisions regarding determination of type of work, excuse from such requirement, and lack of compensation. (Sec. 913) Directs the Bureau to make available appropriate substance abuse treatment for each prison the Bureau determines has a treatable drug abuse problem, with priority to younger offenders and those who would benefit most from the treatment. Repeals provisions regarding requirements for a phase-in of substance abuse treatment and regarding incentives for prisoners' successful completion of treatment. Title X: Miscellaneous Provisions - Expresses the sense of the Senate that: (1) the Office of National Drug Control Policy should be reauthorized for an additional five years; and (2) prior to any such reauthorization, the Senate Judiciary Committee should conduct an extensive review of the National Drug Control Strategy for 1997 submitted by President Clinton. (Sec. 1002) Directs the Secretary of Health and Human Services to require hospitals or health care service providers that receive Federal Medicare or Medicaid payments, as an additional certification requirement, to certify that none of their physicians or other health care professionals prescribes or recommends a schedule I substance to any person. Sets forth reporting requirements. Directs the Attorney General to revoke the DEA registration of any physician or provider who recommends or prescribes such a substance. (Sec. 1003) Directs the Federal Communications Commission to: (1) coordinate with the President's Commission on Alcohol and Drug Abuse Prevention to develop a comprehensive education and public service program targeting youth drug abuse; (2) encourage the priority use of public service resources dedicated to promoting youth drug abuse prevention and education; (3) contact and encourage the donation of greater public resources dedicated to youth drug abuse programs from specified organizations and industries, such as television, movies, the recording and advertising industries, business, and professional sports; and (4) encourage each of such organizations and industries to assist the implementation of new programs and national strategies for dissemination of information intended to prevent youth drug abuse. (Sec. 1004) Directs the Secretary to review all extradition treaties in force and, if necessary, to renegotiate all such treaties, to ensure that certain offenses involving the sexual exploitation and abuse of children are extraditable offenses. Sets forth provisions regarding tolling of the statute of limitations. (Sec. 1005) Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish clubs facilities where needed, with particular emphasis on establishing clubs in public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established during the next fiscal year and a plan to insure that there are a total of not less than 2,000 BGCA facilities in operation before January 1, 2000; (2) certifies that there will be appropriate coordination with those communities where clubs will be located; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program. (Sec. 1006) Increases penalties for cellular telephone interceptions. Title XI: Violent and Repeat Juvenile Offenders - Violent and Repeat Juvenile Offender Act of 1997 - Subtitle A: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 1112) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 1113) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 1115) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution for adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 1119) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 1120) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 1121) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Subtitle B: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 1143) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this subtitle's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 1144) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 1145) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 1146) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under RICO; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 1148) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 1149) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in DOJ's criminal division to prosecute juvenile criminal street gangs. Subtitle C: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this subtitle. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this subtitle. (Sec. 1163) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 1167) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of VCCLEA; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 1168) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 1169) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the IRC, to be used for Federal programs to combat youth violence.

Medical Education Trust Fund Act of 1997

United States · United States Congress · 21 January 1997

Medical Education Trust Fund Act of 1997 - Amends the Social Security Act (SSA) to add a new title XXI (Medical Education Trust Fund) establishing in the Treasury the Medical Education Trust Fund, consisting of specified accounts. Requires the Secretary of Health and Human Services (HHS) to make annual payments from the Fund to eligible medical schools and teaching hospitals applying for assistance to: (1) maintain and develop quality educational programs in an increasingly competitive health care system; and (2) meet the indirect and direct costs of graduate medical education. Outlines requirements for Fund investments and determination of payments. Amends SSA titles XVIII (Medicare) and XIX (Medicaid) to provide for annual transfers to the Fund. Makes specified appropriations to the Fund. Amends the Internal Revenue Code to impose a tax equal to 1.5 percent of premiums received under accident or health insurance policies (including applicable self-insured plans), and equal to 1.5 percent of the amount received for certain health-related administrative services, payable by the policy issuer and the service provider, respectively. Makes specified appropriations and transfers of such to the Fund for allocation among the various specified accounts. Establishes the Medical Education Advisory Commission to study and report on Fund operations and other specified matters, including recommendations for demonstration projects. Authorizes appropriations. Directs the HHS Secretary to prescribe guidelines for the establishment and operation of such demonstration projects.

Working Americans Opportunity Act

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Job Training Vouchers Title II: Consolidation of Federal Job Training Programs Title III: Employment-Related Information and Services Through One-Stop Career Centers Title IV: Reports and Plans Title V: General Provisions Working Americans Opportunity Act - Title I: Job Training Vouchers - Directs the Secretary of Labor to establish a job training system that provides vouchers to individuals for job training. (Sec. 102) Allows an individual to: (1) receive such a voucher for two years beginning on the date of application approval; and (2) use such voucher to purchase authorized job training. (Sec. 103) Makes individuals eligible for such vouchers if they are dislocated workers or economically disadvantaged adults. (Sec. 104) Requires one-stop career centers (established under title III of this Act) to provide: (1) applications for vouchers, as well as assistance in completing them and collection of them for eligibility determinations; (2) performance-based information on service providers; and (3) information on local economy, employment, industries, and labor market demand. Requires conflict of interest standards for centers operated by entities that are concurrently eligible job training providers. (Sec. 105) Requires the Secretary to issue oversight and accountability regulations relating to such vouchers. (Sec. 106) Sets forth eligibility requirements for providers of job training, including requirements for submission of performance-based information. (Sec. 107) Directs the Secretary to monitor and evaluate the voucher system annually, and report to the appropriate congressional committees. (Sec. 108) Provides for apportionment of system funds to States based on relative numbers of individuals in service delivery areas (SDAs) who are: (1) unemployed individuals; (2) excess unemployed individuals; (3) individuals who have been unemployed for 15 weeks or more; and (4) economically disadvantaged adults. Requires at least 75 percent of such funds to be made available as vouchers. Title II: Consolidation of Federal Job Training Programs - Expresses the sense of the Congress that the consolidation and streamlining of Federal job training programs should not reduce Federal commitment and effort to improve education, employment, and earnings of all workers and jobseekers, particularly those in hard-to-serve communities. Repeals specified employment training program provisions under the Job Training Partnership Act, Food Stamp Act of 1977, Stewart B. McKinney Homeless Assistance Act, and Displaced Homemakers Self-Sufficiency Assistance Act, as well as under a specified Federal law relating to certain workers affected by an expansion of Redwood National Park in California. Title III: Employment-Related Information and Services Through One-Stop Career Centers - Requires each service delivery area receiving funds under this Act to develop and implement a network of one-stop career centers to provide access for jobseekers, workers, and businesses to a comprehensive array of high quality job training and employment-related services (including provision of information). Requires each workforce development entity for an SDA to negotiate with the State a method for establishing such centers (including designating one-stop career center operators), consistent with criteria the Secretary prescribes. Makes each entity within the service delivery area that provides specified job training or employment-related services eligible to be designated a center operator for a two-year period (renewable after evaluation). Directs the Secretary to establish a performance standard system for assessing the performance of each center operator. Lists employment related services such centers may offer to individuals and to employers. (Sec. 302) Authorizes the Secretary to make arrangements with public or private entities to develop and provide relevant regional labor market information to interested individuals. (Sec. 303) Directs the Department of Education to try to make known the value and availability of direct loans through the William D. Ford Federal Direct Student Loan Program under the Higher Education Act of 1965, through cooperative arrangements with one-stop career centers, training and educational training programs, State agencies, and other Federal agencies. Title IV: Reports and Plans - Directs the Secretary to report annually to the Congress on how additional Federal job training programs not covered by this Act can be consolidated into a more integrated and accountable workforce development system. Directs the Secretary to develop a plan that, wherever practicable, requires the Federal job training programs to use common definitions, outcome measures, eligibility standards, and funding cycles. (Sec. 402) Directs the Secretary to report to the Congress on the need for income support, and options for providing it, to enable dislocated workers and economically disadvantaged adults to participate in long-term job training. Title V: General Provisions - Authorizes appropriations.

Minority Health Improvement Act of 1997

United States · United States Congress · 21 January 1997

TABLE OF CONTENTS: Title I: Offices of Minority Health; Assistant Secretary for Civil Rights Title II: Health Professions Programs Title III: Research Minority Health Improvement Act of 1997 - Title I: Offices of Minority Health; Assistant Secretary for Civil Rights - Amends the Public Health Service Act to revise the duties of the Office of Minority Health and establish the Advisory Committee on Minority Health. Modifies provisions regulating grants, cooperative agreements, and contracts to carry out the Office's duties. Authorizes appropriations. (Sec. 102) Mandates the establishment of an Office of Minority Health in the Centers for Disease Control and Prevention, the Agency for Health Care Policy and Research, the Health Resources and Services Administration, and the Substance Abuse and Mental health Services Administration. Authorizes, for those agencies (and for the National Institutes of Health (NIH) with regard to its Office of Research on Minority Health), reservation of a specified percentage of amounts appropriated to those agencies and to NIH to carry out the duties of such offices. (Sec. 103) Establishes in the Department of Health and Human Services an Assistant Secretary for Civil Rights, to be appointed by the President by and with the advice and consent of the Senate. Title II: Health Professions Programs - Replaces provisions mandating grants for scholarships for students of exceptional financial need with provisions authorizing scholarships to financially needy individuals from disadvantaged backgrounds for attendance at schools of medicine, osteopathic medicine, dentistry, nursing, and graduate mental health practice. Requires recipients to contract to provide health services in a health professional shortage area. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. Replaces provisions authorizing grants for health professions schools for scholarships with provisions authorizing scholarships to financially needy individuals from disadvantaged backgrounds for attendance at schools of veterinary medicine, optometry, pharmacy, podiatric medicine, public health, or allied health. (Sec. 203) Revises requirements concerning loan repayments and fellowships regarding faculty positions. Authorizes appropriations. (Sec. 204) Modifies requirements regarding programs of excellence in health professions education for minority individuals. Adds graduate programs in mental health practice to the definition of "health professions school." Authorizes appropriations. (Sec. 205) Replaces provisions relating to educational assistance regarding undergraduates with provisions authorizing grants, cooperative agreements, and contracts for recruiting and providing services, preliminary education, stipends, experience, and academic instruction to elementary, secondary, or higher education students from disadvantaged backgrounds. Authorizes appropriations to carry out: (1) the provisions of this section; and (2) provisions at the beginning of this title. (Sec. 206) Modifies requirements regarding the terms and conditions of nursing school loans. (Sec. 207) Authorizes appropriations for Federal capital contributions to student loan funds: (1) under specified provisions by schools of medicine or osteopathic medicine; and (2) for loans to and loan collections from individuals from disadvantaged backgrounds. (Sec. 208) Requires area health education centers to provide continuing medical education regarding minority health. Changes requirements regarding the use of funds appropriated for centers. Title III: Research - Mandates: (1) a plan for how the NIH's Office of Research on Minority Health will carry out its duties; and (2) establishment of the Advisory Committee on Research on Minority Health. (Sec. 302) Modifies the population focus of the Agency for Health Care Policy and Research. (Sec. 303) Authorizes appropriations for health statistical and epidemiological activities of the National Center for Health Statistics.

Eliminate the Magnet for Illegal Immigration Act of 1997

United States · United States Congress · 21 January 1997

Eliminate the Magnet for Illegal Immigration Act of 1997 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions. Amends the Immigration and Nationality Act to grant specified subpoena authority to designated immigration officers and to the Secretary of Labor. Increases specified penalties for: (1) document fraud; (2) hiring, recruiting, and referral violations; (3) labor standards violations; and (4) unfair immigration-related employment practices. Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards. Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination.

Designating majority membership on certain standing committees of the House.

United States · United States Congress · 21 January 1997

Designates majority party membership on the following House committees: (1) Banking; (2) Education and the Workforce; (3) Government Reform and Oversight; (4) International Relations; (5) Resources; (6) Science; (7) Small Business; and (8) Veterans' Affairs.

Southern Nevada Public Land Management Act of 1998

United States · United States Congress · 20 January 1997

Southern Nevada Public Land Management Act of 1997 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows the State of Nevada or the unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain the lands for local public purposes pursuant to the Recreation and Public Purposes Act (RPPA). Requires the Secretary, upon application by a unit of local government or regional governmental entity (the Southern Nevada Water Authority, the Regional Flood Control District, and the Clark County Sanitation District), to issue right-of-way grants (valid in perpetuity) on Federal lands in Clark County for all facilities and systems needed for: (1) the impoundment, storage, treatment, transportation, or distribution of water (other than water from the Virgin River) or wastewater; or (2) flood control management. Waives rental or cost recovery fees with respect to such grants. Directs the Secretary to make such lands available to Clark County in accordance with the RPPA for the construction of youth activity facilities. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; and (3) a special account in the Treasury for the acquisition of environmentally sensitive land in Nevada, capital improvements in Federal areas in Clark County and the Spring Mountains National Recreation Area, development of a multispecies habitat conservation plan, parks, trails, and natural areas in Clark County, and reimbursement of costs incurred by BLM local offices in arranging sales or exchanges. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions, including conditions governing proceeds from the sale or lease of such property by Clark County. Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the RPPA, to transfer the reversionary interest in such lands to other non-Federal lands on an equal value basis. Requires the Secretary, in consultation with the Secretary of Housing and Urban Development, to make available land in Nevada, in accordance with the RPPA, for purposes of affordable housing (housing that is assisted under the United States Housing Act of 1937) only to State and local governmental entities (including local public housing authorities). Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.

Leo K. Goto, of Colorado, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of two years. (New Position)

United States · United States Senate · 9 January 1997

Don T. Nakanishi, of California, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of two years. (New Position)

United States · United States Senate · 9 January 1997

Robert F. Drinan, of Massachusetts, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of three years. (New Position)

United States · United States Senate · 9 January 1997

Yeiichi Kuwayama, of the District of Columbia, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of three years. (New Position)

United States · United States Senate · 9 January 1997

Dale Minami, of California, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of three years. (New Position)

United States · United States Senate · 9 January 1997

Peggy A. Nagae, of Oregon, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of three years. (New Position)

United States · United States Senate · 9 January 1997

Elsa H. Kudo, of Hawaii, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of two years. (New Position)

United States · United States Senate · 9 January 1997

Susan Hayase, of California, to be a Member of the Board of Directors of the Civil Liberties Public Education Fund for a term of three years. (New Position)

United States · United States Senate · 9 January 1997

Gerald N. Tirozzi, of Connecticut, to be Assistant Secretary for Elementary and Secondary Education, Department of Education, vice Thomas W. Payzant, resigned.

United States · United States Senate · 9 January 1997

Prostate Cancer Diagnosis and Treatment Act of 1997

United States · United States Congress · 9 January 1997

Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support research on prostate cancer health services and procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.

To prohibit the regulation of the use of any tobacco or tobacco product as a sponsor of an event of the National Association of Stock Car Automobile Racing, its agents or affiliates, or any other professional motor sports association by the Secretary of Health and Human Services or any other instrumentality of the Federal Government.

United States · United States Congress · 9 January 1997

Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or a tobacco product as a sponsor of an event of the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.

Savings and Investment Incentive Act of 1997

United States · United States Congress · 9 January 1997

TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Savings and Investment Incentive Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code, with respect to the deduction for individual retirement accounts (IRAs), to increase the income limits applicable to active participants. Removes limitations on a spouse's participation. (Sec. 102) Provides an inflation adjustment for the deductible amount. (Sec. 103) Revises provisions concerning the allowance of certain coins and bullion as IRA investments. Subtitle B: Nondeductible Tax-Free IRAs - Permits individuals to establish IRA Plus accounts which shall be treated similarly to an IRA plan. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including the exclusion of qualified distributions from gross income). Title II: Penalty-Free Distributions - Permits distributions without penalty for qualified: (1) first home purchases; (2) higher education expenses; and (3) unemployed individuals.

To amend the Internal Revenue Code of 1986 to allow a deduction for the payment of postsecondary education expenses.

United States · United States Congress · 9 January 1997

Amends the Internal Revenue Code to allow an income tax deduction for qualified postsecondary education expenses of the taxpayer or the taxpayer's spouse or dependent.

Prostate Cancer Diagnosis and Treatment Act of 1997

United States · United States Congress · 9 January 1997

Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support research on prostate cancer health services and procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.

Educational Quality Index Act of 1997

United States · United States Congress · 9 January 1997

Educational Quality Index Act of 1997 - Amends the Higher Education Act of 1965 to substitute evaluations of educational quality for cohort default rates in eligibility determinations for proprietary institutions of higher education under the Federal student loan insurance program of the Federal Family Education Loan Program (guaranteed student loans). Establishes as the eligibility criteria requiring a program integrity review for a proprietary institution an educational quality index score that does not equal or exceed a minimum established by the Secretary of Education.

Domestic Investment Economic Growth Act

United States · United States Congress · 9 January 1997

Domestic Investment Economic Growth Act - Amends the Internal Revenue Code to exclude from gross income gain on qualified investments in an enterprise zone business and a domestic business. Excludes 100 percent of such gain from investment in an enterprise zone business or an urban enterprise zone, and 50 percent of such gain from other qualified investments. Provides for the establishment of investment savings accounts. Allows an individual a deduction of 50 percent of the qualified contributions to an investment savings account. Limits the maximum annual deduction to $100,000. Defines qualified contributions. Defines an investment savings account. Provides that any amount distributed out of such an account shall be included in the gross income of the distributee, except for amounts held in the account for at least ten years. Makes such accounts tax-exempt, except for the imposition of the tax on unrelated business income of charitable, etc., organizations. Imposes, in the case of a distribution from an investment savings account, an additional tax of ten percent of the amount of the distribution which is includible in the gross income of the distributee. Makes such tax inapplicable to distributions held in such accounts for at least five years if such distributions were made for: (1) home purchase expenses; (2) automobile purchase expenses; (3) education expenses; and (4) medical expenses. Makes such tax inapplicable if the distribution is made after the individual for whose benefit the account is established attains age 59 and one-half years or becomes disabled. Allows the deduction for contributions to investment savings accounts in computing adjusted gross income. Declares that such contributions are not subject to the gift tax. Subjects such accounts to the tax on excess contributions, the tax on prohibited transactions, and the penalty for failure to provide reports on individual retirement accounts or annuities. Imposes a penalty on any person who promotes a nonqualified investment as eligible under the provisions of this Act.

Making technical corrections to the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208), and for other purposes.

United States · United States Congress · 9 January 1997

Amends the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208) to make corrections with respect to certain amounts and uses of funds for: (1) attorneys appointed to represent jurors in civil actions for the protection of their employment; (2) State unemployment insurance and employment service operations of the Employment and Training Administration; and (3) specified programs under the Elementary and Secondary Education Act.

Expressing the sense of Congress with respect to the significance of maintaining the health and stability of coral reef ecosystems.

United States · United States Congress · 9 January 1997

Expresses the sense of the Congress with respect to the significance of maintaining the health and stability of coral reef ecosystems by: (1) promoting comprehensive stewardship for coral reef ecosystems; (2) encouraging research and education on such ecosystems; and (3) improving the coordination of coral reef activities which take place within Federal agencies, academic institutions, nongovernmental organizations, and industry.

Donald Rappaport, of the District of Columbia, to be Chief Financial Officer, Department of Education, vice Donald Richard Wurtz, resigned.

United States · United States Senate · 7 January 1997

Hans M. Mark, of Texas, to be a Member of the Board of Trustees of the Barry Goldwater Scholarship and Excellence in Education Foundation for a term expiring April 17, 2002. (Reappointment)

United States · United States Senate · 7 January 1997

To require States that receive funds under the Elementary and Secondary Education Act of 1965 to enact a law that requires the expulsion of students who are convicted of a crime of violence.

United States · United States Congress · 7 January 1997

Requires States, as a condition of eligibility to receive funds under the Elementary and Secondary Education Act of 1965, to enact a law that requires local educational agencies (LEAs) to expel from school for at least one month any student convicted of a crime of violence. Permits such States to allow LEAs to provide educational services in an alternative setting to such expelled students.

To amend the Higher Education Act of 1965 to apply to Hispanic-serving institutions of higher education the same student loan default rate limitations applicable to historically Black colleges and universities.

United States · United States Congress · 7 January 1997

Amends the Higher Education Act of 1965 to apply to Hispanic-serving institutions of higher education the same student loan default rate limitations applicable to historically Black colleges and universities.