Education

Child Nutrition Initiatives Act

United States · United States Congress · 13 November 1997

TABLE OF CONTENTS: Title I: National School Lunch Act Title II: Child Nutrition Act of 1966 Child Nutrition Initiatives Act - Title I: National School Lunch Act - Amends the National School Lunch Act (NSLA) to direct the Secretary of Agriculture to make grants to three selected private organizations or institutions to integrate food and nutrition projects with elementary school curricula. (Sec. 102) Revises, expands, and extends the authorization of appropriations for the summer food service program for children. Increases the number of areas which may be considered as having poor economic conditions, for purposes of program coverage. Allows use of commercial vendors. Increases the allowable number of sites run by private nonprofit organizations in rural areas. Increases program reimbursement rates. Directs the Secretary to provide an additional reimbursement to each eligible service institution located in a very rural area for the cost of transporting each child to and from a feeding site. Increases the number of meals and supplements allowed daily. Allows a camp or migrant program to serve a breakfast, lunch, supper, and meal supplement. (Sec. 103) Revises the child and adult care food program. Extends authority for: (1) automatic eligibility of Head Start program child-participants whose families meet low-income criteria; (2) grants to States to provide assistance to family or group day care homes; and (3) demonstration projects for program qualification of private for-profit organizations providing nonresidential services. Provides funding for an additional meal or meal supplement for children who are in a child care center for eight hours or more. Increases the amount of base funding to each State for grants to provide assistance to family or group day care homes. (Sec. 104) Provides for the eligibility of additional schools for the program of meal supplements for children in after-school care. (Sec. 105) Extends and increases the authorization of appropriations for the homeless children nutrition program for projects to provide food service throughout the year to homeless children under the age of six in emergency shelters. (Sec. 106) Extends authority for: (1) the demonstration food and nutrition program for boarder babies, and allows use of program funds for support staff; and (2) use of funds for the pilot program to help schools offer increased choices of fruits, vegetables, legumes, cereals, and grain-based products. Extends the authorization of appropriations for: (1) the demonstration program to provide meals and supplements outside of school hours; and (2) pilot projects for reduced paperwork and application requirements and increased participation in school lunch and breakfast programs. (Sec. 107) Extends the authorization of appropriations for the information clearinghouse for nongovernmental groups that provide food assistance and self-help activities for low-income individuals and communities. Title II: Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to direct the Secretary of Agriculture to establish an Area Grant Program to assist eligible schools and service institutions to initiate or expand programs under the school breakfast program and the summer food service program for children. Requires such payments to be made: (1) on a competitive basis; (2) in a specified order of priority; (3) in addition to other payments under CNA and NSLA; and (4) with preference given to a school food authority that meets certain criteria. (Sec. 202) Extends the authorization of appropriations for the special supplemental nutrition program for women, infants, and children (WIC program). Extends specified authority relating to funds for nutrition services and administration. Expresses the sense of the Congress that the WIC program should be fully funded for FY 1998 and each subsequent fiscal year for all eligible applicants. Extends the authorization for funding for the WIC Farmers' Market Program. Entitles the Secretary to receive such program funds. (Sec. 203) Extends the authorization of appropriations for the Nutrition Education and Training Program. Increases the minimum amount of a State grant under such program.

Holocaust Victims Redress Act

United States · United States Congress · 13 November 1997

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the President to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the President to obligate up to $30 million for such distribution. Authorizes appropriations, including appropriations for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

PROTECT Act

United States · United States Congress · 13 November 1997

TABLE OF CONTENTS: Title I: National Tobacco Settlement Trust Fund Title II: National Protocol and Liability Provisions Subtitle A: National Tobacco Control Protocol Subtitle B: Consent Decrees Subtitle C: Liability Provisions Title III: Reduction in Underage Tobacco Use Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors Subtitle B: Required Reduction in Underage Usage Title IV: Health and Safety Regulation of Tobacco Products Title V: Payments to States and Public Health Programs Subtitle A: Payments to States Subtitle B: Public Health Programs Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VII: Public Disclosure of Health Research Title VIII: Agricultural Transition Provisions Subtitle A: Tobacco Production Transition Subtitle B: Tobacco Price Support and Production Adjustment Programs Subtitle C: Funding Title IX: Miscellaneous Provisions Placing Restraints on Tobacco's Endangerment of Children and Teens Act - PROTECT Act - Sets national goals for reductions in tobacco product use by individuals under 18 years old. Title I: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund (Settlement Fund), to be composed of compensatory and punitive damage payments by participating manufacturers (manufacturers that enter into the Protocol under subtitle A of title II of this Act and that enter into a consent decree with each State that requests that the manufacturer enter into the Protocol). Transfers to the Settlement Fund, without further appropriation, amounts received under specified provisions of this Act. Mandates Settlement Fund expenditures, setting forth a table by years and categories of recipients. (Sec. 102) Requires participating manufacturers, in order to receive protections under title II of this Act, to pay licensing fees to the Settlement Fund in specified amounts over 25 years, with amounts adjusted for inflation and relative domestic sales volume. (Sec. 103) Establishes the Advisory Board to advise the Settlement Fund's Trustees in Settlement Fund administration. (Sec. 104) Imposes an initial monetary penalty for a manufacturer's failure to make timely fee payments. Title II: National Protocol and Liability Provisions - Subtitle A: National Tobacco Control Protocol - Chapter 1: Establishment - Requires each tobacco manufacturer, in order to receive liability protections provided in this title, to enter into a National Tobacco Control Protocol with the U.S. Attorney General, the chief executive officer of each State, and a representative of the members of the class certified for a specified class action. Requires participating manufacturers, in their contracts with distributors and retailers, to include a clause requiring compliance with the Protocol. Chapter 2: Terms and Conditions - Subchapter A: Protocol Restrictions on Advertising - Requires that this chapter be considered part of the Protocol. (Sec. 212) Prohibits tobacco product advertising: (1) outdoors; (2) in any arena or stadium where athletic, social, or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 213) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeal to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 214) Sets forth format and content requirements for labeling and advertising. (Sec. 215) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, social, or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Subchapter B: Provisions Relating to Lobbying - Regulates actions of lobbyists for tobacco product manufacturers. (Sec. 222) Requires tobacco manufacturers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers may form or participate in. Subchapter C: Other Provisions - Requires that participating manufacturers determine the percentage of licensing fees to be paid by each manufacturer and the manner of payment. (Sec. 227) Establishes an Arbitration panel to award attorney's fees and expenses relating to litigation resulting in whole or part in this Act. (Sec. 228) Provides for the treatment of Indian country. Chapter 3: Enforcement - Empowers the Attorney General (and the chief law enforcement officer of a State) to bring a civil action for Protocol enforcement. Allows restraining orders, specific performance, and civil monetary penalties. Requires use of Settlement Fund amounts for Federal enforcement activities. (Sec. 233) Empowers a participating manufacturer to: (1) seek a declaration of its Protocol rights and obligations; and (2) bring a civil action against another participating manufacturer to enforce the Protocol, subject to exception. Allows any participating manufacturer to intervene in any Federal or State enforcement proceeding. Subtitle B: Consent Decrees - Requires a State (to be eligible for payments under title V), a tobacco manufacturer (to be eligible for protections under subtitle C), and a representative of the class in a specified class action (to receive benefits under this Act) to enter into consent decrees under this paragraph. Sets forth matters with which the decrees must deal (including a waiver of Federal and State constitutional claims) and may not deal. Requires Attorney General approval in order for a decree to be valid. (Sec. 242) Empowers a State to bring proceedings for the enforcement of a decree, but only for injunctive (not criminal or monetary) relief. (Sec. 243) Imposes an annual fee on manufacturers that do not enter into a decree equal to the fees paid under section 102. Requires each nonparticipating manufacturer to annually deposit into an escrowed reserve fund 150 percent of the amount the manufacturer would have paid (if it was a Protocol participant) under section 102, to be used solely for tobacco-related liability payments. Subtitle C: Liability Provisions - Chapter 1: General Provisions - Sets forth definitions for this subtitle. Chapter 2: Immunity and Liability for Past Conduct - Declares that this chapter applies to the enforcement of all judgments and settlements regarding tobacco claims against participating manufacturers. Prohibits court enforcement of any judgment or settlement that is not final as of the effective date of this Act except in accordance with this chapter. (Sec. 256) Terminates pending health-related civil actions by State or local governments against a participating manufacturer. Grants participating manufacturers immunity from new civil actions by any Federal, State, or local governments for all health-related claims regarding tobacco use. Terminates pending, and grants immunity from new, class actions against participating manufacturers based on tobacco use, addiction, or dependence. Preserves all individual personal injury claims for tobacco use. (Sec. 257) Applies this section to all actions permitted under section 256 regarding a participating manufacturer for conduct before enactment of this Act. Prohibits punitive damages and devices to resolve cases other than as individual actions (without the consent of the defendant). Requires, as part of the Protocol, that all signatories agree to the joint sharing of any tobacco use civil liability. Makes participants not jointly and severally liable for damages involving nonparticipants and requires severing of actions involving both participating and nonparticipating manufacturers. Lists the permissible parties for actions under this section. Makes the development of any tobacco product that reduces injury or illness risk not admissible or discoverable. Sets an annual aggregate limit on judgment or settlement payments. Requires that participating manufacturers receive a credit, to be applied against the amount under section 102, for 80 percent of judgment or settlement amounts paid. Makes participating manufacturers responsible for all attorneys' fees and costs associated with being a defendant in an action to which this section applies. (Sec. 258) Applies certain provisions to all actions permitted under section 256 regarding a participating manufacturer for conduct after enactment of this Act. Prohibits third-party payor claims not based on subrogation from being commenced under this section. (Sec. 259) Declares that this title shall not apply to any manufacturer that is not a Protocol signatory and is at least 12 months delinquent in payments under section 102. (Sec. 261) Requires that a State, in order to receive funds under title V, have: (1) a law making sections 256 through 259 the law of the State and allowing any defendant in any related civil action a right of prompt interlocutory appeal to the State's highest court to enforce the law; and (2) withdrawn and dismissed with prejudice any claim required to be dismissed by the State under this chapter. Prohibits, in any State without such a law, maintaining (in State court) a tobacco claim that is otherwise maintainable under this chapter. (Sec. 262) Amends Federal judicial procedure provisions to prohibit removal of a civil action in State court under certain provisions of title I to Federal court except: (1) on agreement of all parties; or (2) by a manufacturer defendant when the action is being conducted in a manner inconsistent with provisions of title II. Title III: Reduction in Underage Tobacco Use - Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors - Tobacco Use by Minors Prevention Act - Requires a State, to be eligible for payments under title V, to have and enforce a law with the provisions of section 302. Allows State requests for waivers or modifications of model provisions. (Sec. 302) Sets forth the model State law, including: (1) prohibiting tobacco product distribution to minors; (2) prohibiting minors purchasing, possessing, or using tobacco products in public places (mandating parental notification of violation allegations); (3) regulating retail signage; (4) prohibiting sample distribution to individuals appearing to be under 18 years old without securing age proof; (5) prohibiting out-of-package distribution; (6) prohibiting display or storage affording customers direct access to packages; (7) mandating notification of retail tobacco employees of relevant requirements (imposing employer liability if the employer pays an employee's penalty); (8) mandating random unannounced inspections and allowing use of individuals under 18 to test compliance; (9) mandating separate licensure of each retail distribution place and a minimum annual license fee; (10) regulating the suspension, revocation, denial, and nonrenewal of licenses; and (11) not preempting other State or local provisions providing greater restrictions so long as they do not conflict with regulations under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). Subtitle B: Required Reduction in Underage Usage - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 313) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 315) Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Title IV: Health and Safety Regulation of Tobacco Products - Amends the FDCA to add to the list of prohibited acts: (1) introducing into interstate commerce a tobacco product not in compliance with FDCA chapter IX (created below by this Act); or (2) the failure by a tobacco manufacturer to comply with any chapter IX requirement. Includes nicotine-containing tobacco products that do not comply with chapter IX in the definition of "drug." Adds references to tobacco products to provisions authorizing facility and vehicle inspections. Mandates establishment, by regulation, of tobacco product health risk standards. Requires that the standards: (1) include provisions designed to reduce overall health risks for both users and nonusers; (2) comply with regulations specifying health risk assessment testing procedures; and (3) limit the amount of tar in a cigarette. Requires manufacturers (beginning five years after enactment of this Act) to annually submit a health risk assessment for each substance (other than tobacco or water) for each tobacco brand. Mandates regulations to prohibit any substance for which no health risk assessment has been submitted as required. Requires each manufacturer to annually provide the Secretary with a list of ingredients and nicotine. Provides for confidentiality, allowing the Secretary to require disclosure of any ingredient if disclosure is in the interest of public health. Allows adoption of a health risk management standard requiring: (1) the modification of a tobacco product to reduce or eliminate nicotine or other harmful substances; or (2) prohibition of a tobacco product. Requires congressional review and allows its disapproval of any tobacco product health risk standard. Makes a standard prohibiting a class of products effective only on adoption of a joint resolution of approval. Declares that a tobacco product cannot be considered in violation of prohibited act provisions while it is in compliance with a health risk standard. Mandates regulations requiring conformance with tobacco product current good manufacturing practice, including requiring: (1) all tobacco product manufacturers to register with the Secretary; and (2) the development of and adherence to pesticide chemical residues tolerances (to apply only if necessary to prevent the residues from being injurious to health when used in tobacco products). Allows exemptions and variances, establishing the Tobacco Product Requirements Waiver Board to advise the Secretary. Prohibits regulations under this provision from having the effect of placing regulatory burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Mandates certain warnings on cigarette and smokeless tobacco labels and advertising. Prohibits cigarette, little cigar, and smokeless tobacco advertising on any electronic medium subject to Federal Communications Commission regulation. Mandates certain intended use statements on cigarette and smokeless tobacco advertising. Requires regulations requiring public disclosure of the common or usual name of each tobacco product ingredient, subject to exception. Exempts cigarettes and smokeless tobacco manufactured, imported, or packaged for export. Deems tobacco products in violation of this chapter if their labeling or manufacturer claims imply reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Secretary (after securing intellectual property protections) of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Secretary, on determining that the manufacture of a less hazardous product is technologically and commercially feasible, to require disclosure of the technology's existence, prohibit use of the superseded technology, and require that manufacturers cease manufacturing and marketing tobacco products not incorporating the technology. Prohibits retail tobacco product distribution to any individual under 18 years old. Requires photo identification for anyone under 27. Requires retailers to keep tobacco in areas where customers to not have product access. Allows sale only in a direct, face-to-face exchange. Prohibits out-of-package distribution. Requires removal of retail tobacco-related self-service displays, advertising, labeling, and other items not complying with the requirements of this paragraph. Sets minimum cigarette package size at 20 cigarettes. Prohibits sample distribution. Prohibits vending machine and other self-service sales, subject to exception. Establishes the Tobacco Products Scientific Advisory Committee to assist the Secretary in establishing, amending, or revoking regulations under specified provisions. Prohibits State or local requirements conflicting with specified provisions of this Act. (Sec. 402) Declares that this title supersedes cigarette provisions of the Cigarette Labeling and Advertising Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. (Sec. 403) Mandates a tobacco licensing program to be applied to entities that sell or distribute tobacco products on military installations, in U.S. embassies, in any facility owned and operated by the Government, in any duty-free shop in the United States, or through any other Federal entity or on any other Federal property. Requires the program to apply requirements similar to those implemented by States under this subtitle. Treats an Indian tribe or tribal organization as a State for applying and enforcing this subtitle's provisions regarding entities that distribute tobacco products on Indian reservations. Title V: Payments to States and Public Health Programs - Subtitle A: Payments to States - Requires use of Settlement Fund amounts to reimburse States for amounts expended by the States for the treatment of individuals with tobacco-related illnesses or conditions. Sets forth the percentage for each State. Allows a State to use the amounts as it determines appropriate, except for the amount equal to that State's Federal medical assistance percentage under title XIX (Medicaid) of the Social Security Act. (Sec. 502) Requires a State, in order to receive payments, to prepare a plan regarding use of the funds for anti-tobacco and anti-smoking programs, deeming plans approved unless disapproved by Settlement Fund Trustees. Subtitle B: Public Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), appropriating amounts described in specified provisions to it each fiscal year. Sets forth the portions of Research Fund amounts to be used for specified purposes. Requires the Director of the National Institutes of Health (NIH) to annually submit to the Secretary and appropriate congressional committees a National Tobacco Research Agenda. Excludes Research Fund amounts from, and prohibits taking them into account, for purposes of any budget enforcement procedure under the Congressional Budget Act of 1974 of the Balanced Budget and Emergency Deficit Control Act of 1985. (Sec. 522) Mandates a national anti-tobacco program to discourage beginning use of tobacco and other substances of abuse and assist cessation, including: (1) development of model public education curricula and materials regarding tobacco use health risks; (2) action to inform tobacco users of effective therapies; (3) a mass media campaign designed to counter the effects of manufacturer marketing; and (4) a model smoking cessation program for State use. Authorizes grants and contracts. Mandates block grants to States for tobacco use prevention and cessation activities. Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. Sets forth special rules for facilities serving children. (Sec. 603) Declares that this title does not preempt any Federal, State, or local law providing protections from environmental tobacco smoke equal to or greater than under this title. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, to receive certain liability protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Allows the Attorney General or a State's chief law enforcement officer to bring an enforcement action. Mandates civil monetary penalties for violations. Title VIII: Agricultural Transition Provisions - Tobacco Transition Act - Subtitle A: Tobacco Production Transition - Chapter 1 - Tobacco Transition Contracts - Establishes a Tobacco Transition Account (Account) to provide tobacco buyout and transition payments. Terminates the Account as of a specified date. (Sec. 812) Directs the Secretary of Agriculture (Secretary) to offer to enter into transition contracts with tobacco owners and producers. Sets forth contract terms. (Sec. 815) Directs the Secretary to make temporary transition payments to certain quota tobacco producers. (Sec. 816) Sets forth group eligibility requirements under a tobacco worker transition program for those workers for whom the national tobacco settlement has contributed importantly to job separation or threat of separation. Includes in program assistance employment and training, readjustment allowances, and job search and relocation allowances. Prohibits assistance for persons receiving buyout assistance. Obligates specified funds. Sets forth program termination provisions. (Sec. 817) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Transfers specified amounts from the Account for such program. Chapter 2 - Rural Economic Assistance Block Grants - Directs the Secretary to use Account funds for a temporary program of rural economic assistance block grants to States with tobacco-dependent areas. Subtitle B: Tobacco Price Support and Production Adjustment Programs - Chapter 1 - Tobacco Price Support Program - Amends the Agricultural Act of 1949 with respect to tobacco to: (1) revise and extend price supports at reduced levels; (2) require each producer marketing association providing price supports to establish a No Net Cost Tobacco Fund; (3) authorize the Secretary to carry out the price support program through association loans to producers; and (4) terminate existing price support and no net cost provisions. Chapter 2 - Tobacco Production Adjustment Programs - Amends the Agricultural Adjustment Act of 1938 to terminate specified tobacco adjustment programs. Subtitle C: Funding - Directs the Secretary to provide for the transfer of specified funds from the Account to the Commodity Credit Corporation for activities under this Act. Terminates such authority as of a specified date. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products within Indian country and to Indian tribes, with exceptions for religious practices. Requires the Secretary to promulgate regulations to waive requirements of the Federal Food, Drug, and Cosmetic Act with respect to tobacco products manufactured, distributed, or sold within Indian country as appropriate to comply with such requirement. Provides for the treatment of tribes under various provisions of this Act. (Sec. 902) Sets forth whistleblower and antitrust provisions.

A bill to amend the Higher Education Act of 1965 to delay the commencement of the student loan repayment period for certain students called to active duty in the Armed Forces.

United States · United States Congress · 13 November 1997

Amends the Higher Education Act of 1965 to delay the commencement of the student loan repayment period for certain students called to active duty in the armed forces. Provides that any period (up to three years) during which a borrower who is a member a reserve component of the armed forces is called or ordered to active duty (for more than 30 days) shall be excluded from the grace period (after the student ceases to carry at least a half-time academic load) before repayment of a student loan must begin. (Such grace period is six months for Stafford or Direct Stafford/Ford loans, and nine months for Perkins direct loans.)

Police, Fire, and Emergency Officers Educational Assistance Act of 1998

United States · United States Congress · 13 November 1997

Police, Fire, and Emergency Officers Educational Assistance Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide financial assistance for higher education to the dependents of public safety officers (currently, only the dependents of Federal public safety officers) who are killed or permanently and totally disabled as the result of a traumatic injury sustained in the line of duty.

Meals for Achievement Act

United States · United States Congress · 13 November 1997

Meals for Achievement Act - Amends the Child Nutrition Act of 1966 to expand the School Breakfast Program in elementary schools by revising the formula for determining breakfast assistance payments to State educational agencies to include the number of breakfasts served in elementary schools and free breakfasts served in non-elementary schools. Amends the National School Lunch Act to provide greater access to snacks in school-based childcare programs by eliminating certain restrictions on children's eligibility for such meal supplements in afterschool care.

Partnership for Professional Renewal Act of 1997

United States · United States Congress · 13 November 1997

Partnership for Professional Renewal Act of 1997 - Amends the Higher Education Act of 1965 to establish the Partnership for Professional Renewal program under which the Secretary of Education may award grants to higher education institutions to create partnerships between them and elementary or secondary schools to establish an ongoing program of training and technical support for prospective teachers and classroom teachers. Requires applicant plans to provide for consortia of such institutions and schools and local faculty, parents, and business and community leaders to develop partnership objectives. Authorizes appropriations.

Early Detection of Dyslexia in Children Act of 1997

United States · United States Congress · 13 November 1997

Early Detection of Dyslexia in Children Act of 1997 - Directs the Secretary of Education to study and report to the Congress on methods for identifying and treating children with dyslexia in kindergarten through third grade.

Education Data Modernization Act of 1997

United States · United States Congress · 13 November 1997

Education Data Modernization Act of 1997 - Amends the Higher Education Act of 1965 to prohibit the use of certain data in the termination of student assistance eligibility for institutions of higher education. Prohibits the Secretary of Education from making effective any such termination based on using FY 1992 as one of the three most recent years for which data are available.

Campus Hate Crimes Right to Know Act of 1997

United States · United States Congress · 13 November 1997

Campus Hate Crimes Right to Know Act of 1997 - Amends the Higher Education Act of 1965 to require institutions of higher education to collect and report statistics concerning the occurrence on campus of all criminal incidents that manifest evidence of prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability that are reported to campus security or local police agencies.

Digital Era Copyright Enhancement Act

United States · United States Congress · 13 November 1997

Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.

Rural Cooperative Act of 1997

United States · United States Congress · 12 November 1997

Rural Cooperative Act of 1997 - Authorizes the Secretary of Agriculture to provide service, technical assistance, research, and education to members of rural cooperatives and persons desiring to organize such cooperatives. Authorizes appropriations.

Police, Fire, and Emergency Officers Educational Assistance Act of 1998

United States · United States Congress · 12 November 1997

Public Safety Officers Educational Assistance Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide financial assistance for higher education to the dependents of Federal, State, and local public safety officers (currently, only the dependents of Federal public safety officers) who are killed or permanently and totally disabled as the result of a traumatic injury sustained in the line of duty.

Healthy and Smoke Free Children Act

United States · United States Congress · 12 November 1997

TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.

Congressional Hunger Fellows Act of 1997

United States · United States Congress · 12 November 1997

Congressional Hunger Fellows Act of 1997 - Establishes as an independent entity within the executive branch the Congressional Hunger Fellows Program to establish fellowships to develop and train individuals for careers in humanitarian service. Establishes a Board of Trustees to supervise and direct the Program. Limits fellowship periods to 12 months. Establishes the Congressional Hunger Fellows Trust Fund for the deposit and receipt of Program funds. Requires an annual audit of Program accounts. Requires the Board to appoint a Program Executive Director. Directs the Secretary of Agriculture to transfer to the Program a specified amount of the surplus funds available for encouraging exportation and domestic consumption of agricultural products. Requires the Board to report annually to the Secretary and the Congress on Program activities.

Surface Transportation Extension Act of 1997

United States · United States Congress · 10 November 1997

Surface Transportation Extension Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to make $5.5 billion available from the Highway Trust Fund (HTF) for November 16, 1997, through January 31, 1998. Directs the Secretary of Transportation to: (1) apportion such funds to each State in the ratio that the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program bears to all States' total FY 1997 obligation authority for Federal-aid highway program funds; and (2) ensure that each State is apportioned funds for specified items according to the 1997 distribution of funds for such items, including the National Highway System, the Interstate maintenance program, the bridge program, the surface transportation program, and the congestion mitigation and air quality improvement program. Requires the Secretary to reduce the amount that would otherwise be apportioned to a State for FY 1998 under a law enacted after this Act reauthorizing a Federal-aid highway program by the amount that is apportioned to such State for such program by this Act. Authorizes the Secretary to establish procedures under which funds apportioned by this Act for a program category for which funds are not authorized under a law enacted after this Act may be restored to the Federal-aid highway program. Makes specified sums available from the HTF to carry out provisions regarding Federal-aid highway minimum allocations for January 26 through 31, 1998, in accordance with the allocation of such funds among all States for FY 1997. Directs the Secretary to allocate to each State an amount of obligation authority made available under the Department of Transportation and Related Agencies Appropriations Act, 1998 (DOT Act) that is: (1) equal to the greater of the State's unobligated balance, as of October 1, 1997, of Federal-aid highway apportionments subject to any limitation on obligations, or 50 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program; but (2) not greater than 75 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program. Limits the total amount of all allocations to $9.78 billion. Prohibits: (1) a State from obligating funds for any Federal-aid highway program project after May 1, 1998, until the earlier of the date of enactment of a multiyear law reauthorizing the Federal-aid highway program or July 1, 1998; and (2) the obligation of contract authority made available to the States prior to July 1, 1998, after that date until a multiyear law reauthorizing the Federal-aid highway program has been enacted. Directs the Secretary, on the earlier of the enactment of such law or July 1, 1998, to distribute to each State any remaining amounts of obligation authority for Federal-aid highways and highway safety construction programs by allocation in accordance with the DOT Act. (Sec. 3) Authorizes a State, for FY 1998, to transfer any unobligated funds granted to it for an alcohol traffic safety program, allocated to it for a commercial motor vehicle safety program, or apportioned to it for the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, the Interstate System, the highway bridge replacement and rehabilitation program, or the highway safety program to any other such program. Directs the Secretary, after enactment of a law authorizing the Federal-aid highway program, to restore transferred funds for any project not eligible for the funds but for this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which transferred funds from a program category for which funds are not authorized may be restored to the Federal-aid highway, highway safety, and motor carrier safety programs. (Sec. 4) Grants the Secretary specified borrowing authority if necessary to pay administrative and research expenses of the Federal-aid highway program. Makes certain sums available from HTF for administrative and research expenses of the Federal-aid highway program for FY 1998, subject to specified limitations. Amends ISTEA to extend appropriations through March 31, 1998, for the Bureau of Transportation Statistics. (Sec. 5) Amends ISTEA to reauthorize, through March 31, 1998: (1) appropriations for the Federal lands highway program, the national recreational trails program, highway use tax evasion projects, the scenic byways program, and intelligent transportation systems; and (2) National Highway Transportation and Safety Administration highway safety programs, alcohol traffic safety programs, the National Driver Register, the motor carrier safety program, and Federal transit programs (including fixed guideway modernization programs and certain other mass transportation programs). Makes sums available from HTF through such date for the operation lifesaver program, the Dwight David Eisenhower Transportation Fellowship Program, the National Highway Institute, the education and training program, metropolitan planning, and for the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Sec. 9) Amends the Internal Revenue Code to extend HTF, the Aquatic Resources Trust Fund, and the National Recreational Trails Trust Fund.

District of Columbia Student Opportunity Scholarship Act of 1997

United States · United States Congress · 9 November 1997

District of Columbia Student Opportunity Scholarship Act of 1997 - Authorizes the establishment of the District of Columbia Scholarship Corporation as a private, nonprofit corporation to administer, publicize, and evaluate the District of Columbia (District) scholarship program and to determine student and school eligibility for program participation. Establishes the District of Columbia Scholarship Fund, to be administered by the Secretary of the Treasury, through which annual funds shall be provided to the District and used by the Corporation for the program. Authorizes appropriations to the Fund for FY 1998 through 2002. Provides for: (1) organization and management of a Corporation Board of Directors, as well as related offices and staff; and (2) the annual audit of Corporation records. Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to District students in kindergarten through grade 12 with family incomes not exceeding 185 percent of the national poverty line. Provides for: (1) certification requirements for educational institutions for eligibility to participate; (2) payments from the Corporation to participating institutions; (3) scholarship payments and amounts; (4) participation requirements for such institutions; (5) annual institution reporting requirements; (6) program appraisal by the Comptroller General, performed through an independent evaluation agency (with an authorization of appropriations for such appraisal); (7) an annual program progress report from the Corporation to the appropriate congressional committees; and (8) judicial review of actions challenging the program. Authorizes appropriations for the Scholarship Fund.

Capitol Visitor Center Authorization Act of 1997

United States · United States Congress · 9 November 1997

Capitol Visitor Center Authorization Act of 1997 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission (Commission), to: (1) plan, construct, furnish and equip the Capitol Visitor Center (Center) under the East Plaza of the Capitol; and (2) reconstruct the East Plaza and its environs to enhance its attractiveness, safety, and security. Requires the design of the Center to be substantially in accordance with the Final Design Report dated November 10, 1995, submitted by the AOC to specified congressional committees. Specifies entities responsible for Center exhibits, security systems, and management. Directs the Commission to: (1) establish a special committee to implement and oversee the Center project; and (2) develop and submit to specified congressional committees a detailed plan for financing the project at the lowest net cost to the Government. Establishes in the Treasury the United States Capitol Visitor Center Revolving Fund for the collection of deposits received under the financing plan. Directs the Capitol Police Board to study and report to specified congressional committees on the security cost savings and other cost benefits associated with the construction and operation of the Center. Authorizes the AOC to establish competitive procedures for work to carry out the project by the use of prequalification standards, and to award contracts on the basis of contractor qualifications as well as price. States that such procedures and contract awards shall be final and conclusive upon all officers of the Government. Directs the Capitol Visitor Center Board to: (1) establish Center operations, tour, exhibit, and education policies; and (2) establish and operate the Capitol Visitor Center Gift Shop. Amends the Arizona-Idaho Conservation Act of 1988 to: (1) direct the Commission to carry out functions assigned under this Act; (2) provide increased Commission staff support from specified congressional offices; (3) authorize the Commission to delegate any of its functions to one or more special committees as long as membership of such committees is drawn equally from both Houses of Congress; and (4) provide fund transfer authority. Renames the Capitol Guide Board the Capitol Visitor Board. Repeals provisions of title III of the National Visitor Center Facilities Act of 1968 to the extent that such provisions are inconsistent with the provisions of this Act.

Campus Hate Crimes Right to Know Act of 1997

United States · United States Congress · 9 November 1997

Campus Hate Crimes Right to Know Act of 1997 - Amends the Higher Education Act of 1965 to require institutions of higher education to collect and report statistics concerning the occurrence on campus of all criminal incidents that manifest evidence of prejudice based on race, gender, religion, sexual orientation, ethnicity, or disability that are reported to campus security or local police agencies.

Superfund Reform Act

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.

Technology Education Capital Investment Act of 1997

United States · United States Congress · 9 November 1997

Technology Education Capital Investment Act of 1997 - Authorizes appropriations to the Director of the National Science Foundation (NSF) to conduct informal science and mathematics education programs. Requires the NSF to expand such programs. Sets forth priorities for such programs serving students at pre-kindergarten through secondary education levels. (Sec. 3) Authorizes appropriations to the NSF Director to carry out the national advanced scientific and technical education program under the Scientific and Advanced-Technology Act of 1992. (Sec. 4) Establishes a technology education State stimulus scholarship program. Authorizes the Secretary of Education to make matching grants to States to provide supplementary scholarships to students for study leading to a postsecondary degree in science, mathematics, engineering, or a related field. Allows such scholarships to be awarded by the State higher education system, the State scholarship commission, or an equivalent State entity. Sets forth eligibility requirements. Authorizes appropriations. (Sec. 5) Establishes a hands-on student training partnership grants program. Authorizes the Secretary of Commerce to make start-up grants to institutions of higher learning to develop industry-sponsored internship programs that provide opportunities for undergraduate engineering students to receive hands-on training at local businesses. Sets forth program priorities and restrictions. Authorizes appropriations. (Sec. 6) Amends the Internal Revenue Code provisions relating to educational assistance programs to provide for: (1) permanent extension of the tax exclusion for employer-provided educational assistance; and (2) restoration of the tax exclusion for graduate level assistance. (Sec. 7) Establishes the Technology Workforce Commission to study and report to the President and the Congress on all matters relating to the shortage of technology workers in the United States. Authorizes appropriations.

Parents and Teachers Know Best Act of 1997

United States · United States Congress · 9 November 1997

Parents and Teachers Know Best Act of 1997 - Repeals the Goals 2000: Educate America Act and the National Skill Standards Act of 1994. Directs the Secretary of Education to make grants to requesting State educational agencies, which shall distribute grant funds to local educational agencies according to a specified formula, for: (1) technology related to the implementation of school-based reform programs, including professional development to assist teachers to use such equipment and software; (2) acquisition and use of instructional and educational materials related to such reform programs; (3) education reform projects, including effective schools and magnet schools; (4) programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school; (5) literacy programs for student and adults, including parents; (6) gifted and talented programs; and (7) school improvement programs or specified activities under the Elementary and Secondary Education Act of 1965. Authorizes appropriations.

Health Care Consumer Protection Act of 1997

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Patient Choice; Access; Quality of Care Title II: Contracting and Termination Rights Title III: Information Reporting Title IV: Patient-Provider Communication Title V: Utilization Review and Management Title VI: Additional Amendments; Effective Dates Health Care Consumer Protection Act of 1997 - Title I: Patient Choice; Access; Quality of Care - Amends the Public Health Service Act (PHSA) to require a health insurer: (1) to permit enrollees to select a personal health professional and to change that selection; (2) that requires use of network providers to also offer optional coverage for out-of-network providers; (3) for enrollees with special needs or chronic conditions to ensure that care coordination and cost control processes do not create an undue burden; and (4) to provide for continuity of care. Amends title XVIII (Medicare) of the Social Security Act to require a Medicare+Choice organization that requires use of network providers to also offer optional coverage for out-of-network providers. (Sec. 102) Amends the PHSA to require a health insurer to: (1) maintain a sufficient number, mix, and distribution of providers; (2) assure the availability and accessibility of emergency and urgent care services 24 hours a day, seven days a week without prior authorization, defining emergency according to a prudent layperson; (3) allow designation of a specialist in obstetrics and gynecology as a primary care provider and not require prior authorization for referrals to such a specialist; (4) provide for referrals to specialists; (5) ensure that care coordination and cost control processes do not create an undue burden for enrollees with special needs or chronic conditions; and (6) provide for continuity of care. (Sec. 103) Requires a health insurer to establish a quality improvement program meeting specified requirements. Regulates provider incentive plans. Amends Medicare to establish, in the Health Care Financing Administration, an office of Medicare advocacy to provide an independent review of problems and concerns of Medicare beneficiaries. Authorizes expedited resolution of complaints in emergencies. Amends the PHSA to authorize appropriations for grants to States for the maintenance of a State Health Insurance Ombudsman. Mandates a Federal Ombudsman for any State without a State Ombudsman. (Sec. 104) Requires an insurer to establish confidentiality policies and procedures. (Sec. 105) Prohibits discrimination against an enrollee for participation in an approved clinical trial when the enrollee has a life-threatening or serious illness for which no standard treatment is effective. (Sec. 106) Requires an insurer that covers prescription drugs: (1) only when included in a formulary to meet certain requirements, including allowing exceptions when medically necessary; and (2) to maintain a drug utilization program. Title II: Contracting and Termination Rights - Prohibits a health insurer from discriminating in selecting its network providers on specified bases, including genetic makeup, sexual orientation, place or institution of professional education, disability, or (while acting within the scope of licensure or certification) nature of license or certification. (Sec. 202) Requires an insurer offering network coverage to establish mechanisms to consider enrollee and provider suggestions. (Sec. 203) Requires an insurer to provide certain provider due process. (sec. 204) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to allow State causes of action for personal injury or wrongful death against a person who provides insurance or administrative services for an employee welfare benefit plan maintained to provide health benefits. Title III: Information Reporting - Amends the PHSA to set forth the information insurers must disclose to enrollees and prospective enrollees. Requires that any entity that is receiving prepaid payments for services under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act and that submits quality information that is material and false be excluded from continuing to qualify for payments or be subject to intermediate sanctions. Title IV: Patient-Provider Communication - Patient Right to Know Act - Prohibits any agreement between a health plan and a provider from restricting the provider from engaging in medical communications with his or her patient. Requires State enforcement, mandating Federal enforcement if a State fails to do so. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than this Act. Title V: Utilization Review and Management - Regulates utilization review programs. Mandates a right of review of certain decisions. Requires each issuer to maintain informal and formal internal appeal processes. Requires an external independent review process regarding a decision not to cover experimental therapies for enrollees with certain terminal conditions for which there is no standard, medically appropriate therapy. Title VI: Additional Amendments; Effective Dates - Requires each health insurer to comply with consumer protection requirements of this Act's PHSA amendments. Mandates coordination between the Secretaries of Health and Human Services and Labor in regulations, rulings, interpretations, and policies. Requires health insurers to comply with consumer protection requirements of this Act's amendments of the PHSA regarding individual coverage. Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require Medicare+Choice plans and Medicaid managed care organizations to comply with the consumer protection requirements of this Act's PHSA amendments. Amends the PHSA to allow State laws (relating to group or individual health insurance) providing protections for individuals equivalent to or stricter than the protections provided under the PHSA amendments of this Act. (Sec. 602) Amends ERISA to require a group health plan (and a health issuer offering group coverage) to comply with the consumer protection requirements of this Act's PHSA amendments. Mandates coordination between the Secretaries of Health and Human Services and Labor in regulations, rulings, interpretations, and policies. Allows State laws providing protections for individuals equivalent to or stricter than the protections provided under this Act's PHSA amendments.

Student Loan Protection Act

United States · United States Congress · 9 November 1997

Student Loan Protection Act - Amends the Higher Education Act of 1965 to revise provisions for financial guarantees for student aid program institutional eligibility and certification to: (1) add a penalty for willful failure to refund unearned institutional charges; (2) require certain financial guarantees for provisional certification of a proprietary institution of higher education; and (3) require notification of the change in filing status of an institution from for-profit to nonprofit ownership.

Brownfields Reclamation Act of 1997

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Federal Support for State Voluntary Cleanup Programs Title II: Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment Title III: Limiting Out-Year Environmental Risk Liability Title IV: Environmental Assessment and Cleanup Research, Development, and Deployment Title V: Encouraging Public-Private-Community Partnerships Title VI: Annual Program Evaluation Brownfields Reclamation Act of 1997 - Title I: Federal Support for State Voluntary Cleanup Programs - Directs the Administrator of the Environmental Protection Agency (EPA) to facilitate and sustain State voluntary cleanup programs by: (1) encouraging State and tribal governments to formulate cleanup, redevelopment, and reuse programs that meet specified criteria; (2) encouraging State programs to assure community participation in decisions regarding brownfields properties, cleanup, redevelopment, and reuse; (3) providing funding for site inventories, inspections, and assessments and grants for the establishment of revolving funds; and (4) providing technical assistance for brownfields programs. Defines "brownfields" as abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by environmental contamination and where conditions, constraints, or circumstances exist that may be detrimental to public health or the environment. Title II: Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment - Requires the Administrator to work with the Comptroller of the Currency to revise the Community Reinvestment Act Credit to include giving credit to banks that provide loans for the assessment, cleanup, or redevelopment of brownfields properties. Declares that the purpose of the tax incentive is to encourage site reuse by permitting the deductibility of certain remediation costs. Directs the Administrator to allocate tax incentives among States with voluntary cleanup programs. Limits tax incentives to a maximum of 50 percent of total project costs and to no more than the difference between such costs and comparable costs for a greenfield property located at the market periphery (or a clean site within the same jurisdiction). Authorizes States to offer complementary tax incentives for property remediation and reuse. Title III: Limiting Out-Year Environmental Risk Liability - Defines "out-year environmental risk liability" as liability regarding an environmental or public health hazard not discovered during property cleanup assessment or cleanup of a brownfields property. Permits the Administrator to consider a prospective purchaser agreement, with respect to purchasers of brownfields properties, which releases a purchaser from liability to the United States if there are substantial benefits to the Government and the community and such purchaser satisfies other specified criteria. Requires the Administrator to work with the private insurance industry to determine the feasibility of three basic insurance mechanisms (private, Federal, or a joint program involving shared risk) for addressing the issue of out-year environmental risk liability. Title IV: Environmental Assessment and Cleanup Research, Development, and Deployment - Directs the Administrator to make project grants available to local technology centers and universities to research, develop, and deploy innovative property assessment, public health assessment, and cleanup technologies, procedures, and related information. Title V: Encouraging Public-Private-Community Partnerships - Requires the Administrator to: (1) require community consultation on the extent of required cleanup in relation to ultimate reuse and reuse impact on the neighborhood and community; (2) sustain or expand Federal funding for training for property environmental assessment and cleanup and for technical assistance and research in brownfields cleanup and redevelopment strategies; and (3) assist the Administrator of the Agency for Toxic Substances and Disease Registry in providing technical assistance for health assessments. Requires the Administrator to make up to 20 grants annually for job training for property assessment and cleanup. Authorizes additional appropriations to support EPA Environmental Finance Centers with respect to technical assistance and research in brownfields cleanup and redevelopment strategies. Title VI: Annual Program Evaluation - Terminates this Act five years after enactment. Directs the Administrator to report annually to the Congress on program activity and to report on the impact and cost-effectiveness of this Act.

Postsecondary Adult Vocational Education Act

United States · United States Congress · 9 November 1997

Postsecondary Adult Vocational Education Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to: (1) provide that 24 months of higher education and participation in a Federal work-study program are permissible work activities under TANF; and (2) repeal the limitation on the number of teen heads of household whose vocational educational training may count as work. Limits the number of persons whose higher education may count as work.

Collegiate Initiative To Reduce Binge Drinking

United States · United States Congress · 9 November 1997

Collegiate Initiative To Reduce Binge Drinking - Expresses the sense of the House of Representatives that college and university administrators should adopt a specified code of principles in an effort to change the culture of alcohol consumption on college campuses.

Cyril Kent McGuire, of New Jersey, to be Assistant Secretary for Educational Research and Improvement, Department of Education, vice Sharon Porter Robinson, resigned.

United States · United States Senate · 8 November 1997

Healthy and Smoke Free Children Act

United States · United States Congress · 8 November 1997

TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.

Quality Teacher in Every Classroom Act

United States · United States Congress · 8 November 1997

TABLE OF CONTENTS: Title I: Parental Rights Title II: Qualified Teachers Title III: Federal Funds Used in the Preparation of Teachers Title IV: Incentives for Increasing the Supply of Qualified Teachers Title V: Beginning Teacher Recruitment and Support Title VI: General Provisions Quality Teacher in Every Classroom Act - Title I: Parental Rights - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require any public elementary school or secondary school that receives ESEA funds to provide to the parents of each student enrolled in the school information regarding: (1) the qualifications of each of the student's teachers, both generally and with respect to the content area or areas in which the teacher provides instruction; and (2) the minimum qualifications required by the State for teacher certification or licensure. Title II: Qualified Teachers - Amends ESEA to require States, as a condition for receiving ESEA funds, to ensure a qualified teacher in every classroom, through the following specified measures. Requires, within five years after enactment of this Act, each public school teacher to have demonstrated the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the content area or areas in which the teacher provides instruction. Allows State or local educational agencies to grant temporary waivers, of up to three additional years, of such teacher demonstration requirements in response to emergency teacher shortages or other circumstances. Prohibits any student from being taught for more than one year in elementary or more than two consecutive years in secondary school by a teacher who has not made such demonstration. Requires States to provide: (1) incentives for teachers to pursue and achieve advanced teaching and subject area content standards; (2) effective mechanisms to remove incompetent or unqualified teachers; and (3) help to schools, particularly those in high need areas, to recruit and retain qualified teachers. Title III: Federal Funds Used in the Preparation of Teachers - Amends the Higher Education Act of 1965 (HEA) to set forth minimum teacher training standards for higher education institutions that receive HEA or other Federal funds to prepare or train teachers. Requires such institutions to: (1) meet nationally recognized professional standards for accreditation, or demonstrate to the Secretary of Education that at least 90 percent of their graduates who enter the field of teaching take, and pass on their first attempt, the State teacher certification or licensure examination for new teachers that is in place on the day of enactment of this Act; and (2) ensure that the graduates hold a liberal arts degree in addition to professional education courses leading to State teacher certification or licensure. Title IV: Incentives for Increasing the Supply of Qualified Teachers - Amends HEA to provide for cancellation of guaranteed and direct student loan indebtedness in return for specified periods of teaching service in high-need disadvantaged areas. Title V: Beginning Teacher Recruitment and Support - Amends HEA to establish a Beginning Teacher Recruitment and Support program. Directs the Secretary to award competitive three-year grants to partnerships to recruit, train, and support qualified entry-level elementary school or secondary school teachers to teach in eligible schools. Makes eligible, for teachers from such program, schools whose enrollment of disadvantaged children exceeds 30 percent of their total enrollment. Gives priority to applications from partnerships that include certain teacher preparation institutions that support or have plans to support professional development schools or laboratory schools and that are not subject to specified waivers. Title VI: General Provisions - Declares that this Act does not apply to nonrecipient nonpublic schools and home schools.

Effective Substance Abuse Treatment Act

United States · United States Congress · 8 November 1997

Effective Substance Abuse Treatment Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.

National Historic Lighthouse Preservation Act of 1997

United States · United States Congress · 8 November 1997

National Historic Lighthouse Preservation Act of 1997 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations. Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; and (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator. Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program. Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secretary's Historic Preservation Standards.

Sportfishing and Boating Improvement Act of 1997

United States · United States Congress · 8 November 1997

Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to increase: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs. Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts to carry out the plan. Requires States to develop an outreach and communications plan. (Sec. 4) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act. (Sec. 5) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions. Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels. (Sec. 6) Amends the Internal Revenue Code to extend the date on which the tax rate on diesel fuel and nonaviation gasoline decreases and the date until which amounts attributable to motorboat fuel taxes must be transferred from the Highway Trust Fund to the Boat Safety Account in the Aquatic Resources Trust Fund. Decreases the aggregate limit on transfers during any fiscal year and removes the limit on the amount in the Account. Extends the date until which amounts attributable to small-engine fuel taxes must be transferred from the Highway Trust Fund into the Sport Fish Restoration Account in the Aquatic Resources Trust Fund and the date until which Boat Safety Account funds are available for expenditures to carry out recreational boat safety provisions.

To permit the Administrator of the Environmental Protection Agency to enter into cooperative research and development agreements for environmental protection.

United States · United States Congress · 8 November 1997

Authorizes the Administrator of the Environmental Protection Agency (EPA) to enter into cooperative research and development agreements with colleges and universities, State environmental protection agencies, and nonprofit organizations to participate in a cooperative research unit to develop research and training programs relating to environmental protection. Limits EPA's participation in the cooperative research unit to: (1) the assignment by the Administrator of EPA scientific personnel to serve at the unit; (2) the provision of assistance for the work of researchers on environmental protection projects; (3) the provision of equipment; and (4) the payment of incidental expenses of EPA personnel and employees of other entities assigned to the unit.

Surface Transportation Extension Act of 1997

United States · United States Congress · 7 November 1997

Surface Transportation Extension Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to make available from the Highway Trust Fund (HTF) for January 1 through January 8, 1998: (1) $506 million to carry out the surface transportation program, the congestion mitigation and air quality improvement program, and highway safety and commercial motor vehicle safety programs; and (2) $14 million for State apportionments for Federal-aid highway programs. Directs the Secretary to: (1) apportion funds under (1) above in an amount sufficient to increase any State's unobligated balance, as of October 1, 1997, of such apportionments that was less than 50 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program to 50 percent of such authority; and (2) allocate funds under (2) above to each State in the ratio that the amount allocated to the State for FY 1997 bears to the amounts allocated to all States for FY 1997. Directs the Secretary to reduce a State's surface transportation program apportionment that would be authorized by an Act enacted after this Act by the amount of any authorization of contract authority provided to the State under this Act. Directs the Secretary, subject to a specified limit on aggregate allocations, to allocate to each State an amount of obligation authority that is: (1) equal to the greater of the State's unobligated balance of Federal-aid highway apportionments or 50 percent of the State's total FY 1997 obligation authority for Federal-aid highway funds; but (2) not greater than 75 percent of such State's FY 1997 obligation authority. Prohibits a State from obligating any funds for any Federal-aid highway program project after May 1, 1998, until the earlier of the enactment of a multiyear law reauthorizing the program or July 1, 1998. Prohibits any contract authority made available to the States before July 1, 1998, from being obligated after such date until such a law is enacted. Provides that the baseline prepared by the Congressional Budget Office and the Office of Management and Budget for FY 1998 through 2003 for mandatory contract authority and mandatory outlays for Federal-aid highways and highway safety construction programs shall be the baseline included in the concurrent resolution on the budget for FY 1998. (Sec. 3) Authorizes a State, for FY 1998, to transfer any unobligated funds made available to it for specified Federal-aid highway program apportionments, the surface transportation program, the highway bridge replacement and rehabilitation program, or specified highway and commercial motor vehicle safety programs to any other such program. Directs the Secretary, after enactment of a law authorizing the Federal-aid highway program, to restore transferred funds for any project not eligible for the funds but for this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which transferred funds from a program category for which funds are not authorized may be restored to the Federal-aid highway program. (Sec. 4) Grants the Secretary specified borrowing authority if necessary to pay administrative and research expenses of the Federal-aid highway program for FY 1998, subject to specified limitations. Makes specified funds available from the HTF for contract authority for such expenses. Amends ISTEA to extend the authorization of appropriations through March 31, 1998, for the Bureau of Transportation Statistics. (Sec. 5) Amends ISTEA to reauthorize, through March 31, 1998: (1) appropriations for the Federal lands highway program, the national recreational trails program, highway use tax evasion projects, the scenic byways program, and intelligent transportation systems; and (2) National Highway Transportation and Safety Administration highway safety programs, alcohol traffic safety programs, the National Driver Register, the motor carrier safety program, and Federal transit programs (including fixed guideway modernization programs and certain other mass transportation programs). Makes sums available from HTF through such date for the operation lifesaver program, the Dwight David Eisenhower Transportation Fellowship Program, the National Highway Institute, and the education and training program.

Financial Regulatory Relief and Economic Efficiency Act of 1998

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Improving Monetary Policy and Financial Institution Management Practices Title II: Streamlining Activities of Institutions Title III: Streamlining Agency Actions Title IV: Disclosure Simplification Title V: Miscellaneous Title VI: Technical Corrections Financial Regulatory Relief and Economic Efficiency Act of 1997 - Title I: Improving Monetary Policy and Financial Institution Management Practices - Amends the Federal Reserve Act (FRA) to permit interest payments on reserves maintained at a Federal reserve bank to meet depository institution reserve requirements. (Sec. 102) Repeals the limitation on the authority of a depository institution to permit the owner of any deposit or account to make withdrawals by negotiable or transferable instruments for transfers to third parties. (Currently, such authority may be applied only with respect to the accounts of charitable, religious, and other nonprofit organizations, as well as to Federal, State, and local governments.) Amends the FRA, the Home Owners' Loan Act (HOLA), and the Federal Deposit Insurance Act (FDIA) to repeal the prohibition against interest or dividend payments on demand deposits. (Sec. 103) Amends HOLA to: (1) repeal savings association liquid asset and dividend notice requirements; (2) provide for examination of savings association companies; (3) repeal certain restrictions on interstate acquisitions that result in the formation of a multiple savings and loan holding company which controls savings and loan associations in more than one State; and (4) permit a savings and loan holding company, with the prior approval by the Director of the Office of Thrift Supervision, to acquire more than five percent of the voting shares of a non-subsidiary savings association or non-subsidiary savings and loan holding company. (Sec. 108) Amends the FDIA to repeal deposit broker notification and recordkeeping requirements. (Sec. 109) Amends the FRA to reserve to the Board of Governors of the Federal Reserve System (the Board) (currently, the appropriate Federal banking agency) the authority to promulgate regulations on extensions of credit to executive officers of member banks. (Sec. 110) Amends the National Bank Consolidation and Merger Act to prescribe expedited procedures permitting a national banking association to: (1) reorganize as either a bank holding company, or as a bank holding company subsidiary; or (2) merge with subsidiaries or nonbank affiliates. (Sec. 111) Amends Federal banking law to increase from one year to three years the term of the national bank director. Amends the Banking Act of 1933 to authorize the Comptroller of the Currency to exempt a national banking association from the 25-member limit on the number of members of an association's governing body. (Sec. 113) Amends Federal banking law and the FDIA to exclude from the prohibition against loans or discounts on the security of the shares of its own capital stock any such loan or discount if a national banking association or depository institution acquires the stock in order to prevent loss upon a debt contracted for in good faith before the discount transaction or loan date. Removes the prohibition against depository institution affiliation with a Government-sponsored enterprise. (Sec. 116) Amends the Bank Holding Company Act of 1956 (BHCA) to: (1) repeal certain cross-marketing restrictions placed upon banks controlled by certain companies that are not treated as bank holding companies; (2) preserve the exemption from bank holding company treatment of certain companies whose limited purpose bank subsidiary may have permitted overdrafts resulting from an inadvertent computer or accounting error beyond the control of both the bank and the affiliate (daylight overdrafts); and (3) authorize actions which specified banks may take to avoid divestiture following loss of exemption from treatment as bank holding companies. (Sec. 118) Amends the FRA to mandate inclusion of net debit caps and daylight overdraft fees (as well as exemption from such caps and fees) within any FRA policy or regulation governing payment system or intraday credit. (Sec. 119) Amends the Federal Home Loan Bank Act (FHLBA) to: (1) repeal the requirement of Board approval for certain internal bank management practices; (2) provide that a Federal Home Loan Bank (FHLB) shall not be required to submit budget, business, or strategic plans to its board of directors for approval; and (3) revise guidelines for secured advances to FHLB members to include federally insured or guaranteed mortgages as collateral eligible for such advances. Title II: Streamlining Activities of Institutions - Amends the HOLA to permit community development investments for the primary purpose of promoting the public welfare, including housing, services, and jobs for low- and moderate-income communities. (Sec. 202) Amends the FDIA to repeal the restriction on the interest rate paid by an adequately- but not well-capitalized insured depository institution, or by an insured depository institution in conservatorship, that accepts deposits from a deposit broker. Applies the prohibition on deposit solicitation to adequately- but not well-capitalized insured depository institutions and insured depository institutions in conservatorship. (Sec. 203) Amends the FRA to terminate the power of the Board to set lending limitations upon member banks' extension of loans that are collateralized by stocks and bonds (thus eliminating the Board's duty to prevent undue use of bank loans for the speculative carrying of securities). (Sec. 204) Amends the Bank Holding Company Act Amendments of 1970 to repeal the prohibition against certain bank tying arrangements in connection with credit, leasing, or property sales transactions. (Sec. 205) Amends the BHCA to permit certain banks and bank holding companies to extend credit card accounts for business purposes, including the issuance of such accounts to small businesses. (Sec. 206) Makes it lawful for a real estate settlement services provider, upon clear disclosure to the consumer, to make payments to an unrelated affinity group in exchange for its endorsement of such provider's services or products. (Sec. 207) Amends the Fair Debt Collection Practices Act to exempt from its coverage: (1) communications involving legal proceedings or made to collect loans under the Higher Education Act of 1965; and (2) bank drafts payable on demand and signed by the maker. (Sec. 208) Amends BHCA to exempt from treatment as a bank holding company any company that acquires control from the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, or the Director of the Office of Thrift Supervision of more than five percent of the shares of an undercapitalized bank, savings association, or other insured institution. (Sec. 209) Revises HOLA guidelines governing reorganization by a mutual savings association into a holding company. (Sec. 210) Mandates that the Federal banking agencies work jointly to develop: (1) electronic filing and public dissemination of depository institution status reports (call reports); and (2) uniform formats as well as simplified filing instructions for such reports. Title III: Streamlining Agency Actions - Amends the Resolution Trust Corporation Completion Act to reduce from four to two times a year the frequency of scheduled meetings of the Affordable Housing Advisory Board. (Sec. 302) Amends the FDIA to: (1) repeal the mandate for Federal banking agencies to jointly develop a method for supplemental disclosures in various required Federal filings of the estimated fair market value of depository institution assets and liabilities; (2) authorize the Federal Deposit Insurance Corporation (FDIC) to establish the interest rate for or make postinsolvency interest payments to creditors holding proven claims against the receivership estates of insured Federal or State depository institutions following satisfaction by the receiver of the principal amount of all creditor claims; and (3) repeal the mandate that Federal banking agencies file annual reports with certain congressional banking committees regarding differing accounting and capital standards used by other agencies. (Sec. 305) Requires the responsible agency, in its review of competitive factors in bank merger filings, to request a report from the Attorney General only (currently, from the Attorney General and the other Federal banking agencies). Amends the BHCA and the FDIA to require the Board and the responsible agency, respectively, before disapproving a bank merger transaction on the grounds of disproportionate anticompetitive effects, to consider specified criteria concerning competitive effects. (Sec. 306) Terminates the Thrift Depositor Protection Oversight Board. Title IV: Disclosure Simplification - Amends the Truth in Lending Act (TILA) disclosure requirements for open end consumer credit plans to permit, as an alternative to the currently required table illustration, a statement at the option of the creditor that periodic payments may increase or decrease substantially. (Sec. 402) Amends specified consumer protection disclosure requirements for advertisements for credit other than open end plans. Sets forth requirements for alternative compliance methods for advertising credit terms. Title V: Miscellaneous - Revises the positions of Board members on the Executive Schedule. (Sec. 502) Prescribes enrollment guidelines for certain enrollees in health plans administered by the Federal banking agencies. (Sec. 503) Amends the FHLBA to eliminate the position of consumer representative from mandatory membership on the board of directors of the Federal Housing Finance Board. Title VI: Technical Corrections - Makes technical corrections to related Acts. (Sec. 603) Amends Federal banking law to: (1) authorize the Comptroller of the Currency to waive the citizenship requirement for a minority of the total number of directors sitting on the board of a national bank; (2) declare it is unlawful for the Comptroller to hold an interest in any national bank; and (3) repeal specified capital and surplus requirements for national banking associations. (Sec. 604) Amends the International Bank Act of 1978 to modify examination requirements pertaining to establishment and operation by a foreign bank of Federal branches and agencies.

Methane Hydrate Research and Development Act of 1998

United States · United States Congress · 7 November 1997

Methane Hydrate Research and Development Act of 1997 - Directs the Secretary of Energy to award grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises to conduct research to identify, assess, explore, and develop methane hydrate resources. Authorizes appropriations.

National Historic Lighthouse Preservation Act of 1998

United States · United States Congress · 7 November 1997

National Historic Lighthouse Preservation Act of 1997 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations. Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes. Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; and (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator. Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program. Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secretary's Historic Preservation Standards. Authorizes appropriations.

National Tobacco Policy and Youth Smoking Reduction Act

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VI: Provisions Relating to Tobacco-Related Civil Actions Title VII: Public Disclosure of Health Research Title VIII: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title IX: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating them a class II device) and exclude them from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after that if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, upon determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1)drugs and devices that endanger health when used as directed; (2) banned devices; (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations that tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 402) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for other expenses relating to treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action in the amount of any award that represents punitive damages. (Sec. 405) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 412) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 413) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 414) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 512) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 513) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 522) Requires States to report annually on tobacco use reduction. (Sec. 523) Presumes that a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VI: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 602) Regulates authorized actions relating to conduct before the effective date of this Act, including punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 603) Regulates actions relating to conduct after enactment of this Act. (Sec. 604) Makes this title inapplicable to nonsignatories. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title VIII: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the LEAF Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 812) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 824) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 832) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title IX: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the FDCA to Indian country. (Sec. 903) Allows State and local governments, to the extent not inconsistent with this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.

Universal Tobacco Settlement Act

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: National Tobacco Settlement Trust Fund Title V: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VII: Provisions Relating to Tobacco-Related Civil Actions Title VIII: Public Disclosure of Health Research Title IX: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title X: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating each a class II device) and exclude each from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after then if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, on determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1) drugs and devices that endanger health when used as directed; (2) banned devices, (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund. Transfers to the Fund surcharges under section 205, payments under section 402, and fines and penalties under section 403. Authorizes appropriations to the Fund, as repayable advances, as necessary to carry out title V and for Food and Drug Administration costs incurred in implementing and enforcing requirements relating to tobacco products. (Sec. 402) Requires each Protocol signatory (see section 612) to make payments to the Fund on enactment of this Act and annually over 25 years. Provides for amount calculations. Requires payors to annually adjust tobacco product prices to reflect the payments. Makes payments ordinary and necessary business expenses for purposes of certain Internal Revenue Code provisions and declares them deductible in the year paid. (Sec. 403) Imposes a penalty on the failure of a signatory to make any required payment. Title V: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 502) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action of the amount of any award that represents punitive damages. (Sec. 505) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 512) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 513) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 514) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - (Sec. 511) Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including regarding manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 612) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 613) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 622) Requires States to report annually on tobacco use reduction. (Sec. 623) Presumes a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VII: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 702) Regulates allowed actions relating to conduct before the effective date of this Act, including regarding punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 703) Regulates actions relating to conduct after enactment of this Act. (Sec. 704) Makes this title inapplicable to nonsignatories. Title VIII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title IX: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the Leaf Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 912) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 924) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 932) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title X: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act to Indian country. (Sec. 1003) Allows State and local governments, to the extent not inconsistent with the purposes of this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.

Alaskan Community Health Aide Program Expansion Act of 1997

United States · United States Congress · 7 November 1997

Alaskan Community Health Aide Program Expansion Act of 1997 - Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish an Alaskan Community Health Aide Program to: (1) provide for the training of Alaskans as community health aides or community health practitioners; (2) use such aides or practitioners in the provision of health care, health promotion, and disease prevention services to Alaskans living in communities that do not qualify for the Community Health Aide Program for Alaska operated through the Indian Health Service; (3) provide for establishment of teleconferencing capacity in health clinics located in or near such communities for use by such aides and practitioners; (4) provide a high standard of training to such aides and practitioners to ensure that they provide quality health care, health promotion, and disease prevention services to the Alaskan communities served by the Program; (5) develop a curriculum for the training of such aides and practitioners; (6) establish a Community Health Aide Certification Board to certify trained or otherwise qualified individuals as community health aides or community health practitioners; (7) develop a system which identifies and creates programs to meet the needs of such aides and practitioners for continuing health care education; (8) develop a system that provides close supervision of such aides and practitioners; and (9) develop a system under which the work of such aides and practitioners is reviewed and evaluated to ensure the provision of quality health care, health promotion, and disease prevention services.

Surface Transportation Extension Act of 1997

United States · United States Congress · 7 November 1997

Surface Transportation Extension Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to make available from the Highway Trust Fund (HTF) for January 1 through January 8, 1998: (1) $506 million to carry out the surface transportation program, the congestion mitigation and air quality improvement program, and highway safety and commercial motor vehicle safety programs; and (2) $14 million for State apportionments for Federal-aid highway programs. Directs the Secretary of Transportation to allocate such funds to each State in the ratio that the amount allocated to the State for FY 1997 bears to the amounts allocated to all States for FY 1997. Directs the Secretary to: (1) apportion funds under (1) above in an amount sufficient to increase any State's unobligated balance, as of October 1, 1997, of such apportionments that was less than 50 percent of the State's total FY 1997 obligation authority for funds apportioned for the Federal-aid highway program to 50 percent of such authority; and (2) allocate funds under (2) above to each State in the ratio that the amount allocated to the State for FY 1997 bears to the amounts allocated to all States for FY 1997. Directs the Secretary to reduce a State's surface transportation program apportionment that would be authorized by an Act enacted after this Act by the amount of any authorization of contract authority provided to the State under this Act. Directs the Secretary, subject to a specified limit on aggregate allocations, to allocate to each State an amount of obligation authority that is: (1) equal to the greater of the State's unobligated balance of Federal-aid highway apportionments or 50 percent of the State's total FY 1997 obligation authority for Federal-aid highway funds; but (2) not greater than 75 percent of such State's FY 1997 obligation authority. Prohibits a State from obligating any funds for any Federal-aid highway program project after May 1, 1998, until the enactment of a multiyear law reauthorizing the program. Provides that the baseline prepared by the Congressional Budget Office and the Office of Management and Budget for FY 1998 through 2003 for mandatory contract authority and mandatory outlays for Federal-aid highways and highway safety construction programs shall be the baseline included in the concurrent resolution on the budget for FY 1998. (Sec. 3) Authorizes a State, for FY 1998, to transfer any unobligated funds made available to it for specified Federal-aid highway program apportionments, the surface transportation program, the highway bridge replacement and rehabilitation program, or specified highway and commercial motor vehicle safety programs to any other such program. Directs the Secretary, after enactment of a law authorizing the Federal-aid highway program, to restore transferred funds for any project not eligible for the funds but for this section to the program category from which the funds were transferred. Authorizes the Secretary to establish procedures under which transferred funds from a program category for which funds are not authorized may be restored to the Federal-aid highway program. (Sec. 4) Grants the Secretary specified borrowing authority if necessary to pay administrative and research expenses of the Federal-aid highway program for FY 1998, subject to specified limitations. Makes specified funds available from the HTF for contract authority for such expenses. Amends ISTEA to extend the authorization of appropriations through March 31, 1998, for the Bureau of Transportation Statistics. (Sec. 5) Amends ISTEA to reauthorize, through March 31, 1998: (1) appropriations for the Federal lands highway program, the national recreational trails program, highway use tax evasion projects, the scenic byways program, and intelligent transportation systems; and (2) National Highway Transportation and Safety Administration highway safety programs, alcohol traffic safety programs, the National Driver Register, the motor carrier safety program, and Federal transit programs (including fixed guideway modernization programs and certain other mass transportation programs). Makes sums available from HTF through such date for the operation lifesaver program, the Dwight David Eisenhower Transportation Fellowship Program, the National Highway Institute, and the education and training program.

Omnibus Adoption Act of 1997

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: National Advisory Board on Adoption Title II: Adoption Data Collection System Title III: Adoption Education Programs Title IV: Adoption Benefits for Federal Employees and Military Personnel Title V: Adoption Credit Made Permanent for Adoptions of Children Without Special Needs Title VI: Maternal Health Certificates Program Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities Title VIII: Sense of Congress Regarding Changes in State Adoption Laws Omnibus Adoption Act of 1997 - Title I: National Advisory Board on Adoption - Establishes the National Advisory Board on Adoption to monitor program implementation under this Act and make recommendations to the Congress. Title II: Adoption Data Collection System - Requires the Secretary of Health and Human Services to submit a status report to the Congress on implementation of a certain data collection system required under the Social Security Act. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award social work graduate school fellowships for work in innovative programs on the effects of adoption on the parties involved. Authorizes appropriations. (Sec. 302) Directs the Secretary of Education to award grants to the States for implementation of adoption education programs. Authorizes appropriations. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law to set forth adoption benefits for Federal employees and military personnel. Directs the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Transportation to coordinate their efforts in implementing this Act and to consult with the National Advisory Board on Adoption. Title V: Adoption Credit Made Permanent for Adoptions of Children Without Special Needs - Amends the Internal Revenue Code to make permanent: (1) the tax credit for adoptions of children without special needs; and (2) the exclusion from an employee's gross income of any amounts paid or expenses incurred by the employee's employer for qualified adoption expenses. Expresses the sense of the Congress that after studies have been done to evaluate the impact of the credit for adoption expenses for children without special needs, consideration should be given to making such credit a refundable credit. Title VI: Maternal Health Certificates Program - Directs the Secretary to establish a maternal health certificates program to cover maternity and housing services facility expenses incurred by eligible pregnant women. Authorizes appropriations. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development to implement a grant program to assist eligible nonprofit entities to rehabilitate buildings for use as housing and services facilities for eligible pregnant women. Authorizes appropriations. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that the States should adopt a specified statutory adoption scheme, including certain health plan benefits.

To extend certain programs under the Energy Policy and Conservation Act and the Energy Conservation and Production Act.

United States · United States Congress · 7 November 1997

Amends the Energy Policy and Conservation Act and the Energy Conservation and Production Act to continue authorization of appropriations for FY 1998 through 2002 for the following programs: (1) interagency working groups under the International Energy Program; (2) State energy conservation plans; (3) energy conservation programs for schools and hospitals; and (4) the weatherization program.

Sound Science for the Environment Act

United States · United States Congress · 7 November 1997

Sound Science for the Environment Act - Authorizes and directs the National Science Foundation (NSF) to establish a National Institute for the Environment to: (1) initiate, facilitate, and perform comprehensive assessments of the current state of knowledge of environmental issues and their implications; (2) establish a Center for Environmental Assessment; (3) award competitively grants and contracts for extramural scientific research; (4) establish an Office of Research and a universally accessible National Library for the Environment; and (5) sponsor education and training of environmental scientists and professionals and improve public environmental literacy. Establishes a Board of Governors for the Institute. Requires the Institute to be operated by a nonprofit organization under contract with the NSF. Provides for interagency acquisition of information and requires the Committee on Environment and Natural Resources of the National Science and Technology Council or an equivalent body to serve as an Interagency Advisory Committee to ensure that the scientific efforts of the Institute and Federal agencies are complementary. Makes scientists, engineers, and other researchers eligible to receive funding from the Institute. Authorizes appropriations.

Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1998

United States · United States Congress · 7 November 1997

Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a compliance assistance program of cooperative agreements with the States, under which employers may consult with State officials about compliance with occupational safety and health requirements as well as voluntary efforts employers may undertake. Requires States, under such agreements, to provide on-site consultation upon employer request. Authorizes States to provide other education and training programs for employers and employees. Requires such program activities to be conducted independently of enforcement activities. Exempts employers from certain inspections if they request and undergo on-site consultative visits and correct identified hazards and agree to request subsequent visits if there are major changes in working conditions or processes which introduce new hazards. Requires at least 90 percent of funds appropriated for compliance assistance activities under OSHA to be used for such compliance assistance program.

To amend the Elementary and Secondary Education Act of 1965 to establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools.

United States · United States Congress · 7 November 1997

Amends the Elementary and Secondary Education Act of 1965 to: (1) revise and rename title XII the School Facilities Improvement Act; and (2) establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools which are 50 years of age or older. Sets forth program eligibility requirements, priorities, preferences, and amounts and conditions of such loans and debt instrument guarantees. Authorizes appropriations.

To promote food safety through continuation of the Food Animal Residue Avoidance Database program operated by the Secretary of Agriculture.

United States · United States Congress · 7 November 1997

Directs the Secretary of Agriculture to continue the Food Animal Residue Avoidance Database program through colleges or universities. Authorizes: (1) college or university grants; and (2) appropriations.

Holocaust Victims Redress Act

United States · United States Congress · 6 November 1997

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the President to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the President to obligate up to $30 million for such distribution. Authorizes appropriations, including appropriations for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

A bill to amend the Higher Education Act of 1965 to provide for the establishment of the Thurgood Marshall Legal Educational Opportunity Program.

United States · United States Congress · 6 November 1997

Amends the Higher Education Act of 1965 to direct the Secretary of Education to carry out a Thurgood Marshall Legal Educational Opportunity Program to provide low-income, minority, or disadvantaged college students with information, preparation, and financial assistance to gain access to and complete law school study. Authorizes the Secretary to contract with, or make a grant to, the Council on Legal Education Opportunity, for at least a five-year period, to deliver specified services under such program, directly and through subgrants and subcontracts. Directs the Secretary to establish annually the maximum stipend to be paid to Thurgood Marshall Fellows for the period of prelaw preparation in summer institutes and midyear seminar prior to and during the period of law school study. Sets forth the maximum amount of grants for such program services for any fiscal year.