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United States · Official source
2,348 records where Rep. Ballenger, Cass [R-NC-10] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 April 1997
Real Estate Settlement Procedures Act Class Action Relief Act of 1997 - Amends the Real Estate Settlement Procedures Act of 1974 to provide a moratorium between the date of enactment of this Act and December 31, 1998, on class certification, sanction imposition, or other proceedings with regard to class action lawsuits under such Act.
United States · United States Congress · 10 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to affirm publicly as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict this policy.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 20 March 1997
United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.
United States · United States Congress · 20 March 1997
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the use of ESEA funds to promote teaching or using dialects peculiar to a region or group within the U.S. population. Allows teachers, notwithstanding such prohibition, to: (1) be trained in, use, and teach foreign languages; and (2) communicate in their own modes of speech, if no special effort is made to teach or encourage students to communicate in such modes of speech.
United States · United States Congress · 20 March 1997
Disapproves the rule submitted by the Occupational Safety and Health Administration relating to occupational exposure to methylene chloride. Declares that such rule shall have no force or effect.
United States · United States Congress · 19 March 1997
Merchant Mariners Fairness Act of 1997 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army or Naval Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application of a member possessing such qualified service.
United States · United States Congress · 18 March 1997
Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Requires the Secretary, acting through the CDC, to consult with State and local governmental agencies, managed care organizations, nonprofit organizations, physicians, and other health professionals and organizations. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to the data and information that is collected under this Act. Authorizes appropriations.
United States · United States Congress · 13 March 1997
HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt. Expresses the sense of the Congress that with respect to health professionals with HIV disease: (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. Expresses the sense of the Congress that: (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act.
United States · United States Congress · 13 March 1997
Pharmacy Compounding Act - Amends the Federal Food, Drug, and Cosmetic Act to make specified provisions of that Act inapplicable to a drug or device that is compounded by a licensed pharmacist, licensed physician, or other licensed practitioner authorized by State law to prescribe drugs or devices. Declares null and void a proposed rule concerning exceptions to good manufacturing practices for makers of positron emission tomography drug products and a guideline on the manufacture of such products. Prohibits another proposed regulation or guideline on those matters.
United States · United States Congress · 12 March 1997
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Provisions Subtitle A: Tax Incentives for Renewal Communities Subtitle B: Charitable Contribution Credit Title III: Low-Income Educational Opportunity Scholarship Program Title IV: Additional Provisions American Community Renewal Act of 1997 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1997 - Amends the Internal Revenue Code to create a new subchapter on renewal communities (RCs), authorizing designation of not more than 100 areas (with the first 50 being from areas which are enterprise zones or empowerment communities) as RCs if: (1) the areas have pervasive poverty, unemployment, and general distress and meet other requirements; and (2) State and local governments agree to take actions such as tax reduction, crime reduction strategies, and reducing, repealing, or not enforcing within the area certain governmental requirements such as licensing, zoning, and permits. Provides for: (1) coordination of RCs with empowerment zones and enterprise communities; and (2) interaction of the provisions of this Act with other Federal programs. Directs the Secretary of Housing and Urban Development to report to the Congress concerning such designations. Title II: Tax Provisions - Subtitle A: Tax Incentives for Renewal Communities - Excludes from gross income the capital gain from an RC stock, business property, or partnership interest held more than five years. Allows a deduction to any qualified individual or other person for amounts paid in cash to a family development account for the individual's benefit. Allows account use for postsecondary education, first home purchase, business capitalization, medical expenses, and qualified rollovers. Excludes such accounts from taxation. Requires that the individual resided in an RC and was allowed an earned income credit for the preceding taxable year. Authorizes designation of not more than 25 RCs as account matching demonstration areas. Provides, to the extent provided in appropriations Acts, for matching contributions to accounts. Sets the commercial revitalization credit (established below) at 20 to 50 percent of the revitalization expenditures regarding a revitalization building. Increases, for an RC business, the dollar limit on expensing certain depreciable business assets. Permits a taxpayer to treat any RC environmental remediation cost as an expense which is not chargeable to capital account. Allows any cost so treated as a deduction. (Sec. 202) Provides a special work opportunity credit rule for RCs. (Sec. 203) Provides for the commercial revitalization credit. Subtitle B: Charitable Contributions Credit - Allows an individual a credit for 75 percent of the contributions (of up to $100 annually for a taxpayer) to an organization described in Internal Revenue Code section 501(c)(3) (charitable, etc., organizations) for which the taxpayer has done more than ten hours of volunteer service and which: (1) is primarily assisting poor individuals; (2) spends all of its resources providing services to the poor; and (3) has limited political activity. Terminates such credit after December 31, 1999. Title III : Low-Income Educational Opportunity Scholarship Program - Low-Income Educational Opportunity Act of 1997 - Requires an RC to establish and operate a Low-Income Educational Opportunity Scholarship program to: (1) provide RC families a choice of schools; and (2) provide assistance for attending public and private elementary and secondary schools, including religious schools. (Sec. 309) Requires that children attending: (1) private schools receive assistance for tuition, fees, and transportation; and (2) alternative public schools receive assistance for transportation. (Sec. 310) Sets forth school eligibility requirements. (Sec. 311) Declares that a scholarship under this title is an award of aid to a family, not to a school. Prohibits: (1) a Federal, State, or local agency taking into account Federal funds provided to a renewal community, school, or parent in determining whether to provide any other funds; and (2) deeming scholarships as parental income for Federal income tax purposes or for determining eligibility for other Federal programs. States that nothing in this title shall be construed to supersede any State law prohibiting the expenditure of public funds by sectarian schools, except that no State law may prohibit the expenditure by sectarian schools of Federal funds under this title. (Sec. 316) Requires that any constitutional challenge to the program be tried in U.S. District Court for the District of Columbia. Permits an appeal to the U.S. Supreme Court. (Sec. 317) Authorizes appropriations. Title IV: Additional Provisions - Provides for the transfer of ownership of any qualified Department of Housing and Urban Development property to the unit of local government having jurisdiction, if such unit of local government agrees to dispose such qualified property as specified, including granting to a community development corporation the right of first refusal. (Sec. 402) Amends the Public Health Service Act (PHSA) to declare that the provisions of this section apply to each program under the PHSA that makes Federal awards to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization (RO) to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes ROs 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 an RO, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires an RO to arrange for services through an alternative entity if an individual objects to the RO. Allows an RO 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 ROs, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in RO 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 RO has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 403) Amends the Community Reinvestment Act of 1977 to allow the appropriate Federal financial supervisory agency, in assessing the record of a financial institution, to consider the institution's ventures with any community development organization in an RC.
United States · United States Congress · 11 March 1997
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1997 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 103) Specifies that any individual who has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual meets one of the following conditions: (1) has a blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that the following conditions be met with respect to such individual: (1) the individual submit to the Secretary of Health and Human Services written medical documentation that the individual has an HIV infection; (2) a petition for payment be filed with the Secretary by or on behalf of such individual; and (3) that the Secretary determine that the claim meets the requirements of this Act. (Sec. 105) Specifies that any right under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. (Sec. 106) Prohibits the Secretary from making any payment with respect to any petition filed under this Act unless the petition is filed within three years after the enactment of this Act. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment from being considered income or resources in determining a class member's eligibility for, or the amount of: (1) medical assistance under the Medicaid program; or (2) benefits under the Supplemental Security Income program. Defines the terms: (1) "class member"; and (2) "settlement payment."
United States · United States Congress · 11 March 1997
Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide or pay for any health care item or service or health benefit coverage for the purpose of causing, or assisting to cause, the death of any individual. Sets forth a nonexclusive list of programs, facilities, and personnel to which the prohibition applies, including under Social Security Act titles V (Maternal and Child Health Services), XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services), the Public Health Service Act, the Indian Health Care Improvement Act, and provisions of Federal law relating to Federal employees, the military health care system, veterans medical care, Peace Corps volunteers, and Federal prisoners. Prohibits the use of appropriated funds for: (1) causing or assisting in suicide, euthanasia, or mercy killing; (2) compelling any person or entity to provide or fund any item, benefit, program, or service for such purpose; or (3) asserting or advocating a legal right to cause or assist such actions. Sets forth a nonexclusive list of programs to which the prohibition applies, including under specified provisions of the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, the Rehabilitation Act of 1973, the Older Americans Act of 1965, and the Legal Services Corporation Act. Prohibits the use of appropriated funds for any item or service for the purpose of causing or assisting in the suicide, euthanasia, or mercy killing of any individual. Declares that, for this Act, references to appropriated funds include funds appropriated to the District of Columbia under specified provisions of the District of Columbia Self-Government and Governmental Reorganization Act. Declares that this Act supersedes other Federal laws except to the extent such laws specifically supersede this Act.
United States · United States Congress · 11 March 1997
Mandates Information Act of 1997 - Amends the Congressional Budget Act of 1974 (the Act) to require a congressional committee report on any bill or joint resolution that includes any Federal mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office (CBO Director) that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates. Expresses the sense of the Congress that any unfunded mandates that are determined by the CBO Director to exceed the applicable threshold under the Act should be financed through reduced taxes, tax abatements, or direct compensation by the Federal Government.
United States · United States Congress · 11 March 1997
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 6 March 1997
Safe and Sober Streets Act of 1997 - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that considers as intoxicated an individual who has an alcohol concentration level of 0.08 percent or greater while operating a motor vehicle in such State. Allows funds withheld from a State during FY 2001 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years.
United States · United States Congress · 6 March 1997
Mandates approval of the marketing of devices to aid in the self-examination of breasts without the Federal Food, Drug, and Cosmetic Act requirement that such devices be prescription-only or otherwise restricted in their availability to women.
United States · United States Congress · 6 March 1997
Workplace Integrity Act - Amends Federal law to: (1) limit the amount of official time which may be used by Federal employees in connection with a grievance procedure; and (2) prohibit the use of official time by Federal employees in connection with the negotiation of a collective bargaining agreement. Directs the Office of Personnel Management (OPM) to submit to the President and each House of the Congress, before March 1 of each calendar year, a specified report on the use of official time under this Act. Requires that agencies shall submit to OPM such data as OPM may by regulation require in connection with any such report.
United States · United States Congress · 6 March 1997
Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to remove the limitations on Federal election campaign contributions after 1998. (Sec. 3) Amends the Internal Revenue Code to terminate: (1) the designation of income tax payments to the Presidential Election Campaign Fund after December 31, 1997; (2) the Presidential Election Campaign Fund after December 31, 1998; and (3) the Presidential Primary Matching Payment Account after December 31, 1998. (Sec. 4) Amends FECA to require the following regarding soft money expenditures of political parties: (1) the disclosure of all funds (soft money) transferred by a political committee of a national political party to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures; and (2) a political committee of a State or local political party required under State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, to file a copy of the report with the Federal Election Commission (Commission) at the time it submits the report to such an entity. (Sec. 5) Revises reporting requirements to provide for mandatory electronic filing of FECA reports. Repeals requirements regarding the candidate's principal campaign committee notifying the Clerk of the House, the Secretary or Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution of $1,000 or more received by any authorized committee of the candidate. Replaces them with requirements providing for each political committee to notify the Secretary or the Commission, and the Secretary of the Senate, as appropriate, in writing, of any contribution received by the committee within 90 days of an election, within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and include the involved candidate's name (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and the contribution amount, in addition to all other reporting requirements. Directs the Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. (Sec. 6) Waives the "best efforts" exception with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as currently required to be provided).
United States · United States Congress · 5 March 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 4 March 1997
Volunteer Protection Act of 1997 - Provides limited tort claim liability protection for nonprofit or governmental volunteers acting in good faith and within the scope of their duties. Sets forth discretionary State conditions and exceptions to such liability protection. Increases Social Services Block Grant Program allotments under title XX of the Social Security Act to a State that has adopted a similar measure within a specified time and conditions such increase upon an annual certification that the State law remains in effect.
United States · United States Congress · 3 March 1997
Revises specified provisions regarding minimum allocations of Federal aid highway funds and provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to direct the Secretary of Transportation, in FY 1998 and thereafter, to ensure that each State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year from funds made available out of the Highway Trust Fund is not less than the percentage of estimated tax payments to the Fund by highway users in the State in the latest fiscal year for which data are available. Repeals ISTEA provisions specifying the percentage of total apportioned and allocated funds to be allocated to each State for the surface transportation program.
United States · United States Congress · 3 March 1997
Family Heritage Preservation Act - Amends the Internal Revenue Code to repeal the estate tax, gift tax, and tax on generation-skipping transfers.
United States · United States Congress · 27 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 27 February 1997
Amends the Energy Policy and Conservation Act of 1992 to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals.
United States · United States Congress · 25 February 1997
Patent Term Restoration Act of 1997 - Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to the earlier application, the term shall be 20 years from the date the earliest application was filed. Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act. Revises Federal patent law requirements for confidentiality of patent applications to set out: (1) the special circumstances under which such applications can be made public; or (2) in the case of a patent application for an invention for which the applicant intends to file or has filed for a patent in a foreign country, the limited data which the Commissioner of Patents may disclose. Authorizes an applicant to petition the Commissioner of the Patent and Trademark Office to review a determination to publish a patent application. Prohibits the Commissioner from publishing an application prior to the completion of the review.
United States · United States Congress · 25 February 1997
Access to Emergency Medical Services Act of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to require any group health plan which provides emergency health services to cover emergency services furnished to a plan participant: (1) without need for any prior authorization; (2) subject to stated exceptions, whether or not the physician or provider is plan participant; and (3) subject to stated exceptions, without regard to any other term or condition of the plan. Defines "emergency medical services" and related terms. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for the provision of the same benefits to Medicare and Medicaid plan participants. Provides for the establishment of guidelines by the appropriate Secretaries in order carry out the provisions of this Act. Directs the Secretaries to jointly establish an advisory panel to assist in the development of such guidelines.
United States · United States Congress · 13 February 1997
Fairness in Musical Licensing Act of 1997 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless: (1) an admission fee is charged to see or hear the transmission at a particular time or on a particular date or dates; or (2) the transmission is not properly licensed. Applies the infringement exemption for the performance of a nondramatic musical work at an annual agricultural or horticultural fair or exhibition to such performance at agricultural or horticultural fairs, exhibitions, conventions, meetings, and events. Excludes as a copyright infringement the performance of a nondramatic musical work: (1) by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance; and (2) at an organized children's camp if the children in attendance sing, dance, or participate in all or a portion of such work, or when the performance is of an instructional nature. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming period license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. Sets forth provisions regarding prices of such licenses. Authorizes radio broadcasters entitled to a per programming period license to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
United States · United States Congress · 13 February 1997
Truth in Employment Act of 1997 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.
United States · United States Congress · 13 February 1997
Extends the termination date (and restores lapsed authority) for milk marketing order seasonal base plans under the Agricultural Adjustment Act.
United States · United States Congress · 13 February 1997
Constitutional Amendment - Declares that the Congress shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 12 February 1997
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 12 February 1997
Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. (Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. (Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.
United States · United States Congress · 12 February 1997
Constitutional Amendment - Requires the President to transmit to the Congress, before each fiscal year, a proposed statement of receipts and outlays for such fiscal year in which outlays (except those for repayment of debt principal) are not greater than receipts (except those derived from borrowing)(a proposed balanced budget). Requires the Congress to adopt, by law, a statement of receipts and outlays for such fiscal year in which outlays are not greater than receipts (a balanced budget). Authorizes the Congress to amend, by law, that balanced budget, provided revised outlays are not greater than revised receipts. Authorizes the Congress to provide in balanced budget for a specific excess of outlays over receipts by a vote directed solely to that subject in which two-thirds of the whole number of each House agree to such excess. Requires the Congress and the President to ensure that actual outlays do not exceed the outlays set forth in such balanced budget. Prohibits any increase in the limit on the debt of the United States, unless two-thirds roll call vote of each House provides by law for such an increase. Requires any bill that increases the internal revenue (except by a de minimis amount) to receive for final adoption the concurrence of two-thirds of each House. Permits the Congress to waive the requirements of this article when: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of each House, which becomes law. Makes any increase in the internal revenue enacted under such a waiver effective for only two years. Makes the internal revenue provisions of this Article effective upon ratification, and the remaining provisions effective on the later of FY 2002 or the second fiscal year beginning after ratification.
United States · United States Congress · 11 February 1997
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act.
United States · United States Congress · 11 February 1997
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for the: (1) National Highway System (NHS); (2) Surface Transportation Program (STP); and (3) Federal Lands Highway Program, including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 4) Defines "highway funds" as funds apportioned and allocations authorized under this Act for the fiscal year and funds allocated to a State for the preceding fiscal year for Federal-aid highways and highway safety construction. Revises the apportionment of NHS funds to allocate 0.4 percent (previously, one percent) to U.S. territories and possessions, and the remaining 99.6 among the States according to a formula based on population density. Includes bridge construction and related activities among eligible NHS projects. (Sec. 5) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 6) Includes bridge construction and related activities as an eligible activity within the streamlined STP. Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, or for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation limitation relating to the type of ambient air quality standard addressed by such project. Revises: (1) State certification procedures; and (2) procedures for payments to States for eligible STP activities. (Sec. 7) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent estimate prepared by the Secretary of Commerce. (Sec. 8) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 10) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program under which the Secretary shall apportion among the States amounts sufficient to ensure that the ratio of the highway funds of a State to highway funds of all States for the fiscal year is not less than the adjustment percentage specified for that State under this Act. Requires each State to receive additional apportionments so that its percentage of highway funds is not less than 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund. Repeals: (1) existing apportionment adjustment programs; and (2) set-asides for interstate discretionary projects. (Sec. 12) Reduces from 3.75 to 2.35 the percentage of program funds authorized to be set aside for administrative costs. (Sec. 13) Sets forth provisions regarding permissible transfers of unobligated balances of funds apportioned to a State for: (1) congestion mitigation and air quality improvement; (2) interstate construction and maintenance; (3) bridge replacement and rehabilitation; and (4) the STP.
United States · United States Congress · 11 February 1997
Leaking Underground Storage Tank Trust Fund Amendments Act of 1997- Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements; (3) such programs in any instance, as determined by the State, in which an owner's or operator's financial resources (excluding resources provided by such programs) are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business; (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs.
United States · United States Congress · 11 February 1997
Congratulates: (1) the people of Nicaragua for the successful completion of the democratic elections held on October 20, 1996; and (2) former President Violeta Barrios de Chamorro for her courage and commitment to democracy. Encourages all Nicaraguans to continue to work together on the long road to lasting peace and democracy. Recognizes that all Nicaraguans should continue to work together to ensure a stable democracy, respect for human rights, a free and market-oriented economy, and social justice for all people. Reaffirms the U.S. commitment to help Nicaragua move toward freedom and democracy and to encourage democracy and peaceful development throughout the Western Hemisphere.
United States · United States Congress · 10 February 1997
Amends the Clean Air Act to delete from the glycol ether category in the list of hazardous air pollutants ethylene glycol monobutyl ether as used or emitted by metal or composite can manufacturing. Amends the toxic chemical release forms provisions of the Emergency Planning and Community Right-To-Know Act of 1986 to require the Administrator of the Environmental Protection Agency to delete from the lists of toxic chemicals and extremely hazardous substances employed under such Act any substance that has been deleted or removed from the hazardous air pollutants list unless the Administrator demonstrates on the basis of convincing evidence significant human health or environmental threats posed by the substance's storage, use, or release.
United States · United States Congress · 10 February 1997
Congratulates the Guatemalan Government for negotiating an end to hostilities and beginning the process of national reconciliation and reconstruction. Recognizes the commitment of the Unidad Revolucionaria Nacional Guatemala in Guatemala to agree to end the warfare and to resolve differences in a peaceful manner within a democratic political arena. Commends the Guatemalan people for their determination to achieve a lasting peace. Encourages their commitment to democratic principles and social justice for all. Affirms U.S. commitment to help support a sustainable peace and development of strong democratic institutions in Guatemala.
United States · United States Congress · 6 February 1997
Teamwork for Employees and Managers Act of 1997 - Amends the National Labor Relations Act to declare that, where no labor organization is the representative of an employer's employees, it shall not be an unfair labor practice for the employer to establish, assist, maintain, or participate in an organization or entity: (1) in which employees participate to at least the same extent as management representatives to address matters of mutual interest (including issues of quality, productivity, and efficiency); and (2) which cannot negotiate, enter into, or amend collective bargaining agreements.
United States · United States Congress · 5 February 1997
Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or treatment options.
United States · United States Congress · 5 February 1997
Pet Safety and Protection Act of 1997 - Amends the Animal Welfare Act regarding permissible sources of research facility dogs and cats. Establishes monetary penalties for related violations.
United States · United States Congress · 4 February 1997
Criminal Welfare Prevention Act, Part II - Amends the Social Security Act (SSA) to require the Commissioner of Social Security to enter into an agreement with a State or local jail or correctional facility under which the facility shall report monthly the name and social security number of any inmate who has received a benefit check under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) despite being prohibited under other existing SSA law because of confinement in a correctional institution. Requires the Commissioner to pay any complying institution: (1) $400 if it furnishes the information within 30 days; or (2) $200 if it does so within 90 days.
United States · United States Congress · 9 January 1997
Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.
United States · United States Congress · 9 January 1997
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or a tobacco product as a sponsor of an event of the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.
United States · United States Congress · 7 January 1997
Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Francis Albert "Frank" Sinatra. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 7 January 1997
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.
United States · United States Congress · 7 January 1997
No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag. Directs the Attorney General to establish similar conditions in the Federal prison system.
United States · United States Congress · 7 January 1997
Social Security Earnings Limitation Repeal Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.