Voters' Right to Know Act
United States · United States Congress · 4 February 1997
Voters' Right to Know Act - Amends the Federal Election Campaign Act of 1971 to require certain disclosures with respect to phone bank communications.
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United States · United States Congress · 4 February 1997
Voters' Right to Know Act - Amends the Federal Election Campaign Act of 1971 to require certain disclosures with respect to phone bank communications.
United States · United States Congress · 4 February 1997
Expresses the sense of the Congress that cost-of-living adjustments for Federal retirees should be paid beginning in January of each year, as current law prescribes, and should not be delayed, whether as part of a budget agreement or otherwise.
United States · United States Congress · 21 January 1997
Freedom of Passport Information Act of 1997 - Directs the Secretary of State to provide to the public free of charge a U.S. passport information telephone inquiry service.
United States · United States Congress · 21 January 1997
Persian Gulf War Veterans Compensation Act of 1997 - Extends until ten years after the date on which a veteran last performed active military duty in the Persian Gulf War the time period in which a chronic disability resulting from an undiagnosed illness must become manifest and be therefore compensable through veterans' disability compensation. (Currently, the presumptive time period is to be determined by the Secretary of Veterans Affairs.)
United States · United States Congress · 21 January 1997
Commuter Rail Safety Act of 1997 - Amends Federal transportation law to revise hours of duty limitations for train employees to prohibit them, among other things, from remaining or going on duty: (1) after having completed a tour of duty, unless having had at least eight consecutive hours of undisturbed rest; and (2) unless such employee has received at least eight hours notice before the time for reporting for duty, except in the event of an emergency, in which case the employee may not work for more than eight hours after reporting for duty. Prohibits a railroad carrier from requiring or allowing a commuter rail train employee to operate a split shift unless it begins between 4 o'clock a.m. and 8 o'clock a.m. Prohibits a railroad carrier, and a railroad carrier employee, from discharging or in any way discriminating against an employee (whistleblower) that has furnished railroad accident or injury information to the railroad carrier, the Federal Railroad Administration, or other Federal or State agency. Sets forth both civil and criminal penalties for violations of this Act.
United States · United States Congress · 21 January 1997
Indian Gaming Regulatory Act Amendments of 1997 - Amends the Indian Gaming Regulatory Act to revise specified definitions and define "compact" and "management contract." Revises provisions regarding powers of the National Indian Gaming Commission and its Chairman. Repeals the Secretary of the Interior's interim gaming regulatory authority. Authorizes tribes to request a State to enter into class III gaming compact negotiations. Sets forth related provisions, including a State's right not to assume tribal gaming responsibilities. Authorizes the Commission to assess gaming operations for reasonable regulatory costs. Eliminates the requirement of gubernatorial concurrence with regard to gaming on after-acquired lands. Grants Federal tax-exempt status to tribally owned or chartered gaming operations. Provides for the lawfulness of specified class III gaming activities.
United States · United States Congress · 21 January 1997
Downed Animal Protection Act - Amends the Packers and Stockyards Act, 1921 to make it unlawful for any stockyard owner, market agency, or dealer to buy, sell, give, receive, transfer, market, hold, or drag any nonambulatory livestock unless such livestock has been humanely euthanized. Imposes civil and criminal penalties for violations.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: House of Representatives Election Spending Limits and Benefits Title II: Reduction of Special Interest Influence Subtitle A: Limitations on Political Action Committees and Large Contributions of Individuals Subtitle B: Provisions Relating to Soft Money of Political Parties Subtitle C: Soft Money of Persons Other than Political Parties Subtitle D: Contributions Subtitle E: Additional Prohibitions on Contributions Subtitle F: Coordinated and Independent Expenditures Title III: Enforcement and Disclosure Title IV: Miscellaneous Provisions Bipartisan Campaign Reform Act of 1997 - Title I: House of Representatives Election Spending Limits and Benefits - Amends the Federal Election Campaign Act of 1971 (FECA) to make candidates for election to the House of Representatives eligible to receive benefits under this Act if they declare that they will not exceed expenditure or contribution limits. Sets forth expenditure limits of $600,000 by a candidate and authorized committees, allowing additional expenditures for: (1) runoffs and contested primaries; and (2) complying candidates running against noncomplying candidates. Entitles eligible candidates to receive certain broadcast media rates and reduced postage rates. Directs the Federal Election Commission (Commission) to certify a candidate who has met the requirements of this title as eligible for benefits under such title. Requires repayment of benefits by a candidate whose certification has been revoked. Sets forth laddered civil penalties for excess expenditures. (Sec. 102) Amends the Communications Act of 1934 to: (1) provide for preemption only in situations beyond a station's control; and (2) extend the license revocation provision for failure to provide cable access. (Sec. 104) Amends FECA to set contribution limits for eligible House candidates. (Sec. 105) Sets forth expenditure reporting requirements. Title II: Reduction of Special Interest Influence - Subtitle A: Limitations on Political Action Committees and Large Contributions of Individuals - Amends FECA to modify political action committee contribution limits. Prohibits leadership committees. (Sec. 202) Limits the aggregate amount of large contributions to congressional campaigns. Subtitle B: Provisions Relating to Soft Money of Political Parties - Amends FECA with respect to "soft money" to: (1) prohibit a national committee of a political party (including specified related entities) from soliciting or receiving contributions or making expenditures not subject to such Act; (2) require a State, district, or local committee of a political party to make Federal election year expenditures (with exceptions) from funds subject to such Act; (3) prohibit a national, State, district, or local committee from soliciting or donating funds to a nonprofit organization; and (4) prohibit an incumbent or candidate for Federal office from soliciting or receiving funds not subject to such Act, or solicit or receive funds for a non-Federal election in excess of certain limits or from prohibited sources (with exceptions for State or local candidates in compliance with State law). (Sec. 212) Increases limits on individual contributions to national political parties. (Sec. 213) Imposes or modifies political committee reporting requirements. (Sec. 214) Removes the exclusion of office facility construction or purchase contributions from the definition of "contribution." Subtitle C: Soft Money of Persons Other Than Political Parties - Imposes reporting requirements regarding disbursements over $2,000 by a person other than a political party committee or a candidate. Subtitle D: Contributions - Revises requirements regarding contributions made through an intermediary or conduit. Subtitle E: Additional Prohibitions on Contributions - Prohibits: (1) a person not eligible to register to vote in a Federal election from contributing or promising to contribute in such an election; and (2) a person from accepting or soliciting such a contribution. Subtitle F: Coordination and Independent Expenditures - Revises the definition of "independent expenditure." (Sec. 252) Treats: (1) payments coordinated with a candidate, agent, or committee, as contributions; and (2) certain payments and communications containing express advocacy as expenditures. (Sec. 254) Sets forth related reporting requirements. Title III: Enforcement and Disclosure - Amends FECA to provide for: (1) random compliance audits; (2) certain reporting on an election cycle rather than a calendar year basis; (3) consulting service disclosure; (4) injunction and litigation authority for the Commission; (5) Commission member term limits; (6) expedited Commission procedures and increased penalties for violations of such Act; and (7) mandatory (with exceptions) electronic filing of Commission reports. Title IV: Miscellaneous Provisions - Amends FECA to restrict the use of campaign funds for personal purposes. (Sec. 402) Sets forth political advertising provisions for print and broadcast or cablecast communications. (Sec. 406) Restricts political committee insolvency actions to Commission proceedings. (Sec. 407) Directs the Commission to promulgate regulations concerning the use of non-Federal money. (Sec. 408) Prohibits franked mass mailings by a Member in his or her election year. (Sec. 411) Provides for expedited and mandatory Supreme Court review of any appeal of any interlocutory order or final court action on the constitutionality of any provision of this Act.
United States · United States Congress · 21 January 1997
Amends the Federal criminal code to prohibit the possession or transfer of a non-sporting handgun which has been shipped or transported in interstate or foreign commerce, except with respect to the continuous and otherwise lawful possession of such handgun during any period that began before the effective date of this provision.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: The Professional Trade Service Corps Title II: The Trade Service Institute Title III: Postemployment Restrictions Professional Trade Service Corps Act - Title I: The Professional Trade Service Corps - Establishes within the trade-related Federal agencies a Professional Trade Service Corps consisting of two tiers. Sets forth certain requirements for members of the Corps, including being well-informed with respect to current trends as well as the history of trade negotiations. Establishes a Policy Trade Service Interagency Council (Policy Council). Title II: The Trade Service Institute - Directs the Policy Council to establish a Trade Service Institute in order to furnish training and instruction to: (1) candidates for Tier I; (2) members of the Corps; and (3) other appropriate Government employees. States that the Director of the Trade Service Institute shall be appointed by the Policy Council. Title III: Postemployment Restrictions - Amends Federal law to impose penalties upon former Government employees who knowingly, within eight years after leaving the Government (currently, within one year), represent or advise a foreign entity before any Federal agency officer or employee with the intent to influence such person. Sets forth similar restrictions on former members of the Corps.
United States · United States Congress · 9 January 1997
TABLE OF CONTENTS: Title I: Patent and Trademark Office Modernization Subtitle A: United States Patent and Trademark Office Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Examining Procedure Improvements: Publication with Provisional Royalties; Term Extensions; Further Examination Title III: Protection for Prior Domestic Users of Patented Technologies Title IV: Enhanced Protection of Inventors' Rights Title V: Improved Reexamination Procedures Title VI: Miscellaneous Improvements 21st Century Patent System Improvement Act - Title I: Patent and Trademark Office Modernization - Patent and Trademark Office Modernization Act - Subtitle A: United States Patent and Trademark Office - Reestablishes the Patent and Trademark Office as a wholly owned Government corporation under the policy direction of the Secretary of Commerce, except as otherwise provided in this title. Requires the Office to maintain its principal office in the District of Columbia metropolitan area. Makes the Office responsible, with the concurrence of the Secretary of State, for authorizing the transfer of not to exceed $100,000 in any year to the Department of State to make special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and related matters. Authorizes the Office to retain and use all of its revenues and receipts, subject to the Omnibus Budget Reconciliation Act of 1990. (Sec. 113) Requires Office management to be vested in a Director of the United States Patent and Trademark Office. (Currently, such management is vested in a Commissioner of Patents and Trademarks.) Requires the Director to appoint a Commissioner for Patents and a Commissioner for Trademarks. Exempts the Office from any administratively or statutorily imposed limitations on positions or personnel. Subjects Office employees to provisions governing Federal employees and requires the Office to adopt all existing labor agreements. (Sec. 114) Requires the Office to have a Management Advisory Board to review and report annually to the President and specified congressional committees on the Office's policies, goals, performance, budget, and user fees and to advise the Director. (Sec. 115) Repeals provisions subjecting the Director's performance (including regulations governing agents and attorneys representing the Office) to the direction or approval of the Secretary of Commerce. (Sec. 116) Revises the composition of the Trademark Trial and Appeal Board to include the Director, the Commissioner for Patents, the Commissioner for Trademarks, and appointed members. (Sec. 117) Sets forth provisions regarding: (1) revised membership of the Board of Patent Appeals and Interferences; (2) suits by, and against, the Office; (3) annual report disclosure of the purposes for which receipts were spent; (4) the Director's discretion to designate Office attorneys to conduct hearings relating to the suspension or exclusion from practice of certain individuals; (5) Office receipts, expenditures, and borrowing authority; and (6) the transfer to the Office of Department of Commerce functions, powers, duties, funds, and property related to the authority and functions vested in the Office by this title. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for their duration for necessary expenses in connection with such action. Title II: Examining Procedure Improvements: Publication With Provisional Royalties; Term Extensions; Further Examination - Examining Procedure Improvements Act - Amends Federal patent law to require each application for a patent, other than certain design patents, to be published promptly after the expiration of 18 months from the earliest filing date for which a benefit is sought. Allows an earlier application publication at the request of the applicant. Prohibits information concerning published patent applications from being made available to the public, except as the Director determines, such decision being final and nonreviewable. Provides publication requirement exceptions. Authorizes the Director to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance opposition. (Sec. 203) Entitles a patent applicant to claim the benefit of an earlier filing date in a foreign country if a claim (identifying the original foreign application by its application number, country, and date of filing) is filed in the Office at any such time during the pendency of the application as required by the Director. Allows the Director to: (1) consider the failure by the applicant to file a timely claim for priority as a waiver of such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application and related information, as necessary. (Sec. 204) Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, between the date of publication of the application and the date the patent is issued: (1) makes, uses, or sells in or imports into the United States the claimed invention; or (2) if the invention is a process, uses, offers for sale, or sells in or imports into the United States products made by that process; and (3) had actual notice of the published application or a translation of the international application. Bases the right to such royalty on substantially identical inventions only and only when brought within six years after patent issuance. Specifies the commencement date of the period for obtaining a royalty based upon the publication of an international application designating the United States. (Sec. 205) Provides that a person shall not be entitled to a patent if the invention was described in a published application by another filed in the United States, or in a published international application, before the invention thereof by the applicant. (Sec. 206) Requires the Director to recover the cost of an early publication by adjusting the filing, issue, and maintenance fees, by charging a separate publication fee, or by any combination of such fees. (Sec. 208) Provides for the extension of the term of a patent the issue of which is delayed due to an unusual Office administrative delay. Limits to ten years the total duration of extensions which result from administrative or judicial review, Office administrative delay, or both. Reduces the extension period by the time in which the applicant failed to engage in reasonable efforts to conclude prosecution of the application. (Sec. 209) Requires the Director to prescribe regulations for the further limited reexamination of patent applications. (Sec. 210) Extends to the next business day the last day of pendency of a provisional application when such day will normally fall on a Saturday, Sunday, or Federal holiday. (Sec. 211) Requires the Director, beginning in 2001, to report annually to the Congress regarding the impact of patent applications filed by an applicant who has been accorded the status of independent inventor. Title III: Protection for Prior Domestic Users of Patented Technologies - Protection for Prior Domestic Commercial Users of Patented Technologies Act - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications, including those regarding: (1) burden of proof; (2) abandonment of use; (3) who may assert the defense (it is a personal defense); (4) unsuccessful assertion of the defense; and (5) invalidity of a patent. Title IV: Enhanced Protection of Inventors' Rights - Enhanced Protection of Inventors' Rights Act - Requires that every contract for invention development services be in writing and that a copy of the signed written contract be given to the customer at the time the customer enters into the contract. Outlines information required to be included in the contract by the invention developer. Allows a customer to terminate such a contract by sending a written letter to the invention developer stating the intent to cancel. Prescribes language and information required to be included in a cover notice on every such contract. Requires the invention developer to deliver to the customer quarterly progress reports. Outlines mandatory terms for invention development services contracts. Makes voidable by the customer any such contract which does not comply with provisions of this title or which is entered into in reliance upon any material false, fraudulent, or misleading information, representation, notice, or advertisement of the invention developer. Provides appropriate remedies through civil actions, including damages, costs, and reasonable attorney's fees. Requires the Director to make publicly available all complaints received by the Office involving invention developers. Provides penalties for fraudulent representations by invention developers. Title V: Improved Reexamination Procedures - Improved Reexamination Procedures Act - Amends Federal patent law concerning patent reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements, except for the best mode requirements. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third- party (persons other than the patent owner) requests. Requires documents filed in such proceedings to be served upon all parties. Grants third-party requesters: (1) one opportunity to file written comments; and (2) the right to appeal final reexamination decisions. Requires all appealable claims to be brought up during an original reexamination procedure or be thereafter barred. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Improvements - Revises provisions regarding abandonment of original applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. Grants, under specified conditions, benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a World Trade Organization country. (Sec. 603) Allows a patent to be issued for a tuber propagated plant, with the same protections against reproduction, sale, or import into the United States. (Sec. 604) Allows the use of an electronic medium to file papers in the Office. (Sec. 605) Provides that, in the case in which patent issue restriction is required on the ground that two or more independent and distinct inventions are claimed in one application, the applicant shall be entitled to submit an examination fee and request examination for each independent and distinct invention. Allows an examination fee refund to an applicant who requests reconsideration of a restriction requirement when such requirement is determined to be improper.
United States · United States Congress · 9 January 1997
Medicare Mammography Enhancement Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act relating to the authorized provision of annual screening mammographies for women to: (1) prohibit payment for any screening mammography performed for a woman over 49 years of age (currently, women over 49 but under 65) within 11 months after the previous mammography was performed; (2) repeal the disallowance of payment for screening mammography performed for women over 64 within 23 months after the last mammography was performed; and (3) waive any required deductible or coinsurance payments with respect to such mammographies.
United States · United States Congress · 9 January 1997
Breast Cancer Early Detection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of an annual screening mammography under Medicare part B (Supplementary Medical Insurance) for women age 65 or older.
United States · United States Congress · 9 January 1997
Marine Resources Revitalization Act of 1997 - Amends the National Sea Grant College Program Act to add or modify various definitions. Modifies the duties of the Program's Director. Sets forth the duties of sea grant institutions (defined as sea grant colleges, sea grant regional consortia, and certain types of entities conducting a sea grant program with amounts under the Act), including merit-reviewing grant and contract applications. Repeals provisions relating to the sea grant international program. Revises requirements for designating sea grant colleges and consortia. Repeals provisions mandating postdoctoral fellowships. Authorizes appropriations for grants, contracts, and fellowships. Removes the separate authorization of appropriations for administration, limiting administration expenditures to a percentage of funds appropriated for grants, contracts, and fellowships. Repeals provisions authorizing appropriations for priority oyster disease research. Modifies the maximum pay for the Program's Director and for voting members of the sea grant review panel.
United States · United States Congress · 9 January 1997
Federal Election Law Reform Commission Act - Establishes the Federal Election Law Reform Commission to recommend Federal election law reform. Requires a Federal election bill to be introduced in the House and the Senate within a specified time of the Commission's submittal of draft legislation or proposal for a constitutional amendment. Authorizes appropriations.
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
Freedom of Choice for Women in the Uniformed Services Act - Repeals a provision of the National Defense Authorization Act for Fiscal Year 1996 which prohibits any medical treatment facility of the Department of Defense from being used to perform an abortion except where the life of the mother would be endangered if the fetus were carried to full term or in the case of rape or incest.
United States · United States Congress · 9 January 1997
Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to provide for health insurance continuation for an employee between the age of 55 and the time of Medicare eligibility upon termination of employment (other than for gross misconduct).
United States · United States Congress · 9 January 1997
Breast-Cancer Research Stamp Act - Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is one cent higher than the regular rate as an alternative that patrons may use voluntarily to contribute to funding for breast-cancer research. Authorizes the Service to design and sell special stamps. Requires the Service to pay amounts attributable (additional revenues minus costs) to the one-cent differential to the National Institutes of Health as mutually agreed.
United States · United States Congress · 9 January 1997
Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services.
United States · United States Congress · 9 January 1997
Amends the Internal Revenue Code to allow an income tax deduction for qualified postsecondary education expenses of the taxpayer or the taxpayer's spouse or dependent.
United States · United States Congress · 9 January 1997
Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support research on prostate cancer health services and procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
United States · United States Congress · 9 January 1997
Requires the House of Representatives, when the legislatures of an additional three States ratify the Equal Rights Amendment, to take any legislative action necessary to verify the ratification of the Amendment as a part of the Constitution.
United States · United States Congress · 9 January 1997
Expresses the sense of the Congress with respect to the significance of maintaining the health and stability of coral reef ecosystems by: (1) promoting comprehensive stewardship for coral reef ecosystems; (2) encouraging research and education on such ecosystems; and (3) improving the coordination of coral reef activities which take place within Federal agencies, academic institutions, nongovernmental organizations, and industry.
United States · United States Congress · 9 January 1997
Calls for: (1) the United States to use its influence with the Turkish Government and as a permanent member of the United Nations Security Council to suggest that the Turkish Government ensure the proper protection for the Patriarchate and all Orthodox faithful residing in Turkey, assure that positive steps are taken to reopen the Halki Patriarchal School of Theology, provide for the proper protection and safety of the Ecumenical Patriarch and the Patriarchate personnel, establish conditions that would prevent the recurrence of past terrorist activities and vandalism and other personal threats against the Patriarchate, establish conditions to ensure that the Patriarchate is free to carry out its religious mission, and do everything possible to find and punish the perpetrators of any provocative and terrorist acts against the Patriarchate; and (2) the Administration to report to the Congress the status and progress of such concerns on an annual basis.
United States · United States Congress · 7 January 1997
Hmong Veterans' Naturalization Act of 1997 - Waives the English language naturalization requirement for certain aliens (or their spouses or widows) who served with special guerilla units in Laos. Provides for naturalization under the Immigration and Nationality Act through such service.
United States · United States Congress · 7 January 1997
Genetic Information Nondiscrimination in Health Insurance Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
United States · United States Congress · 7 January 1997
Reconstructive Breast Surgery Benefits Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require group health plans and insurers offering group health coverage, if they cover a mastectomy, to also cover reconstructive breast surgery resulting from the mastectomy, including surgery on a nondiseased breast to establish symmetry. Prohibits related: (1) denial of coverage or monetary incentives to women; and (2) penalties or incentives to providers. Amends the Public Health Service Act to apply the above requirements to individual health insurance coverage.
United States · United States Congress · 7 January 1997
Aircraft Repair Station Safety Act of 1997 - Terminates the effectiveness of certain November 22, 1988, amendments to the foreign repair station rules of the Federal Aviation Administration (FAA). Declares that certain standards issued by the FAA for domestic repair stations shall apply in the same manner to foreign repair stations. Amends Federal aviation safety law to require the FAA Administrator to issue an order revoking a repair station certificate if the Administrator finds that the station knowingly used an uncertified or substandard airframe, engine, propeller, appliance, or any other part in the repair or overhaul of an aircraft.
United States · United States Congress · 7 January 1997
Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service.
United States · United States Congress · 7 January 1997
Veterans' Job Protection Act - Revises provisions relating to authorized employee actions against a State or private employer for the enforcement of certain veterans' reemployment rights. Authorizes a person who receives from the Secretary of Veterans Affairs a notification that efforts to resolve a complaint were unsuccessful to request that the Secretary refer such complaint to the Attorney General (AG) for commencement of an action for relief in the appropriate U.S. district court. Allows a person, in lieu of proceedings through the AG or after being refused representation by the AG, to commence his or her own action against a State employer, requiring such action to be brought in the name of the United States. Outlines procedures with respect to such an action, allowing the United States to intervene and proceed with the action. Provides that the United States shall not be liable for expenses incurred by an individual in bringing such an action.
United States · United States Congress · 7 January 1997
Veterans' Training and Employment Bill of Rights Act of 1997 - Entitles the following covered persons to priority of services under any federally-funded workforce preparation, development, or delivery program or service, as long as such person otherwise meets participation eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a total permanent disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities performing such programs or services to inform covered individuals of the availability of such services. Directs the Secretary of Labor to report annually to the congressional veterans' committees concerning an evaluation of such priority program and its level of services. (Sec. 3) Requires Federal contracts or grants of $100,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract or grant agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded. Directs the President to implement promulgating regulations which require the contractee or grantee to list employment openings with local employment agencies and to give priority to qualifying veterans. (Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government. (Sec. 5) Directs the Secretary to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims by qualifying individuals that an entity has failed to comply with the hiring requirements provided under this Act. (Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals.
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
Veterans Entrepreneurship Promotion Act of 1997 - Amends the Small Business Act (the Act) to define as eligible veterans for programs under this Act: (1) disabled veterans; or (2) veterans who served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and who were discharged or released under conditions other than dishonorable. Makes small businesses owned and controlled by such veterans (veteran-owned small businesses) eligible for participation in the annual Government-wide goal of awarding to small businesses no less than 20 percent of all prime contracts awarded in a fiscal year. Subjects veteran-owned small businesses to provisions requiring a report from the head of each Federal agency to the Small Business Administration (SBA) concerning the extent of small business participation in that agency's procurement contracts. Requires the SBA to submit an analysis of such reports to the Congress (currently, only to the President) and to include information concerning the veteran-owned small businesses. (Sec. 6) Includes veteran-owned small businesses as small businesses for purposes of subcontracting policy and goals with respect to the performance of contracts awarded by any Federal agency. (Sec. 7) Directs the SBA Administrator, for each fiscal year, to: (1) obtain information concerning the procurement practices and procedures of each Federal agency having procurement authority; and (2) make such information available to any requesting small business. Directs the Secretary of Veterans Affairs to annually engage in affirmative efforts to identify veteran-owned small businesses. (Sec. 8) Amends the Small Business and Economic Policy Act of 1980 to include information concerning veteran-owned small businesses within a required annual report on the state of small business. (Sec. 9) Authorizes the SBA to make loans to small business concerns eligible for assistance under the Act, as long as it determines that: (1) the type and amount of such assistance is otherwise unavailable from other sources on reasonable terms; (2) with such assistance, the small business has a reasonable chance to operate soundly and profitably within a reasonable time; (3) such assistance will be used within a reasonable time for plant construction, conversion, or expansion or to supply such business with working capital for appropriate purposes; and (4) such assistance is sound enough to reasonably assure that its terms and conditions will not be breached by the small business. Limits to $750,000 the outstanding balance on any individual small business loan. Provides loan financing terms and conditions. (Sec. 10) Directs the Administrator to ensure that veteran-owned small businesses have access to programs under the Act which provide entrepreneurial training, business development assistance, counseling, and management to small business concerns. (Sec. 11) Directs the SBA to make grants to, and enter into contracts and cooperative agreements with, various entities for the establishment and implementation of outreach programs for eligible veterans. (Sec. 12) Directs the Administrator, the Secretary of Veterans Affairs, and the Assistant Secretary of Labor for Veterans' Employment and Training to establish an interagency working group to develop a comprehensive outreach program to assist eligible veterans. (Sec. 13) Authorizes the Administrator to appoint an Associate Administrator for Veterans Programs (AAVP) to formulate and execute policies and programs providing assistance to veteran-owned small businesses. (Sec. 14) Makes it a duty of the SBA to enter into contracts to provide to the Government articles, equipment, supplies, services, or materials or construction work. Outlines administrative procedures for: (1) the awarding of a procurement contract to the SBA after certification of capability; and (2) a review and determination by a department or agency Secretary of a decision not to award a procurement contract to the SBA. Authorizes the SBA to arrange for the performance of procurement contracts by negotiating or otherwise letting subcontracts to veteran-owned small businesses. Authorizes the award of procurement contracts and subcontracts to veteran-owned small businesses which successfully complete an SBA business opportunity and development assistance program (program) (established later under this Act), under specified terms and conditions. Requires veteran-owned small businesses to meet specified certification requirements issued by the Administrator. Directs the Administrator to issue regulations limiting the personal net worth of a program participant and requiring participants to annually submit certain financial information to the SBA. Directs the SBA to: (1) conduct a review to determine whether a withdrawal of funds or other assets by a program participant for the personal use of its owners was detrimental to the achievement of the targets, objectives, and goals contained in the program participant's business plan; and (2) take specified action upon a positive determination. Authorizes a hearing before an adjudicator for small businesses receiving an adverse determination or review under this section. Directs the SBA to develop and implement an outreach program to inform and recruit small businesses to apply for assistance under this section. Requires subcontracts to be awarded within the county or State where the work is to be performed. Directs the SBA to require each eligible small business to annually prepare and submit to the SBA a capability statement. Specifies requirements to be met by a small business prior to being awarded a services or supplies procurement contract. Directs the SBA to establish requirements applicable to contracts for general and specialty construction and contracts for any other industry not otherwise subject to such requirements. Prohibits an otherwise responsible small business from being denied the opportunity to compete for the award of any supply procurement contract under this section solely because such business is not the actual manufacturer of the process or product to be supplied, as long as such business meets certain business size and certification requirements. Provides conflict-of-interest employment prohibitions and penalties applicable to certain former SBA employees. Prohibits SBA employees empowered to take action with respect to any program or activity conducted under this section from exercising such authority on the basis of the political activity or affiliation of any entity or owner. Requires small businesses participating in the program to report semiannually to their assigned veterans business counselors concerning any compensation paid to individuals for assistance in obtaining a Federal contract for such participant. Requires such report to be reviewed and forwarded to the AAVP. Considers the failure to submit a report as good cause for the initiation of a program participation termination proceeding against such business. Requires awarded contracts to be performed by the business that initially received such contract. Terminates such a contract if the owners relinquish ownership of the business during such contract, with a waiver under specified circumstances. Requires a business to notify the SBA immediately upon entering into an agreement to change ownership. Establishes within the SBA an eligible veterans business opportunity and development assistance program to provide assistance exclusively for veteran-owned small businesses. Outlines various types of assistance and services to be provided under the program, allowing each business to participate for five years from the date of certification. Requires each participant, promptly after program certification, to submit a business plan for review by the veterans business counselor assigned to assist such participant. Requires plan approval and outlines required plan contents. Requires each participant to annually: (1) review and modify its plan; and (2) forecast its needs for contract awards for the remaining years of program participation. Outlines conditions under which a participant shall be denied assistance and services under the program. Provides for program participation termination proceedings in appropriate circumstances. Requires a program participant, during the developmental stage of participation, to take steps to attain the goals and targets contained in its plan for the awarding of contracts to such business. Makes a participant in the transitional stage subject to regulations regarding business activity targets. Establishes a Division of Program Certification and Eligibility within the SBA's Office of Veterans Programs. Requires an annual review of program participants by the Division Director. Requires: (1) review findings and conclusions to be reported to the AAVP; and (2) the AAVP to issue appropriate policy and program directives. Requires the SBA to conduct an evaluation of a participant's eligibility for continued participation in the program whenever it receives information alleging that a participant no longer meets program requirements. Divides a program into a developmental stage designed to assist participants to access their markets and strengthen their financial and managerial skills and a transitional stage designed to prepare a participant for program graduation. Outlines appropriate assistance and services to be provided during each stage. Directs the Administrator to report annually to the Congress with respect to individual and business participants in the program. (Sec. 15) Authorizes appropriations for FY 1998 through 2000.
United States · United States Congress · 7 January 1997
Select Commission to Advise on Reforming Elections Act - Establishes the Select Commission to Advise on Reforming Elections to study the laws relating to the financing of campaigns for Federal elections and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission to submit a report to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate on its activities. Directs the Commission, as specified, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, any recommendations for changes in campaign finance laws to which seven or more Commission members may agree. Prohibits the submission of recommendations by the Commission after July 15, 1998. (Sec. 7) Requires that when the Commission submits any recommendation for changes in campaign finance laws, those Commission members concurring in the recommendation shall include legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation introduced which implements a recommendation of the Commission. (Sec. 8) Terminates the Commission after the later of: (1) the submission of its report; or (2) the submission of its recommendations.
United States · United States Congress · 7 January 1997
Cuba Reconciliation Act - Repeals the Cuban Democracy Act of 1992 and the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 which impose certain economic sanctions with respect to trade with Cuba.
United States · United States Congress · 7 January 1997
Authorizes appropriations for FY 1998 through 2002 for assessed contributions for international organizations only for the payment of arrearages in assessed contributions to the United Nations for prior years. Authorizes appropriations for FY 1998 through 2002 for contributions to the United Nations for international peacekeeping activities, but only in an amount not greater than 25 percent of the total of all assessed contributions for any particular operation. Authorizes the President, after notification of the Congress, to withhold the payment of any appropriated funds authorized by this Act if the United Nations has failed to implement or to continue to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states that are the major financial contributors to the United Nations.
United States · United States Congress · 7 January 1997
Declares that cash remittances that were permitted to be made to Cuban nationals (family members in Cuba) under the Cuban Assets Control Regulations (contained in the Code of Federal Regulations), as in effect on August 19, 1994, shall be permitted.
United States · United States Congress · 7 January 1997
Freedom to Travel Act of 1997 - Prohibits the President from restricting U.S. citizens or legal residents from traveling abroad, except to countries with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or physical safety of U.S. travelers. Revises the areas which the President is expressly denied authority to regulate or prohibit under the International Emergency Economic Powers Act. Adds to such areas specifically excluded from presidential regulatory authority: (1) normal banking transactions incident to specified travel activities, including the issuance, clearing, processing, or payment of checks, drafts, travelers checks, credit or debit card instruments, or similar instruments; and (2) financial or other transactions, or travel, incident to activities of scholars, educational or academic activities, exchanges, cultural activities, and public exhibitions or performances by the nationals of one country in another country, with specified exceptions. Amends the Trading With the Enemy Act to add similar provisions restricting presidential authority to regulate or prohibit transactions incident to travel by U.S. citizens or residents. Declares that this Act applies notwithstanding certain economic sanctions against Cuba under the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.
United States · United States Congress · 7 January 1997
Amends the International Emergency Economic Powers Act, the Trading With the Enemy Act, and provisions of the Foreign Assistance Act of 1961 regarding the embargo on trade with Cuba to provide that the authorities granted to the President under such Acts do not include the authority to regulate or prohibit, directly or indirectly, financial or other transactions related to the establishment of news bureaus by U.S. news organizations in foreign countries, or the establishment of news bureaus in the United States by foreign news organizations. Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to repeal provisions restricting the establishment of U.S. news bureaus in Cuba.
United States · United States Congress · 7 January 1997
Family and Medical Leave Enhancement Act - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. Provides that leave under such Act may be taken to meet: (1) routine family medical needs, including transportation of children for medical and dental appointments for annual checkups and vaccinations; and (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes.
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
TABLE OF CONTENTS: Title I: Recreational Camp Reporting Requirements and Data Base Title II: President's Advisory Council on Recreational Camps Recreational Camp Safety Act - Title I: Recreational Camp Reporting Requirements and Data Base - Requires a recreational camp in a State to report to the Secretary of Health and Human Services on: (1) each medical incident that occurs at the camp; and (2) each incident of sexual abuse that is alleged to have occurred at the camp involving a camper or staff member as a victim and that has previously been reported to another governmental agency. Directs the Secretary to: (1) collect such information in a central data system in a manner that will enable compilation of separate statistics concerning incidents that involve campers, staff members, and recreational camp operators and directors; and (2) report to the President, the Congress, the National Association of Governors, and the National Association of State Legislatures on a comprehensive analysis of the information. Authorizes the Secretary to issue advisories to assist States in the prevention of deaths, injuries, and illnesses at recreational camps. Requires a recreational camp to record information in a medical log concerning an incident that is required to be reported and such other illnesses and injuries that occur at the camp as the Secretary may prescribe. Requires the Secretary to advise each State agency that has legal responsibility for public health and each State agency that issues a license to a recreational camp of any failure by a camp to comply with any requirements of this Act. Title II: President's Advisory Council on Recreational Camps - Establishes the President's Advisory Council on Recreational Camps to develop model safety guidelines for recreational camps.
United States · United States Congress · 7 January 1997
Health Care Assurance for Retired Employees Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to require advance notice to participants and the Secretary of Labor of material reductions in group health plan covered services. Prohibits any such change from taking effect until the Secretary determines that it does not violate the plan, including collective bargaining agreements. Amends the Internal Revenue Code to require qualified pension plans to provide qualifying persons 55 years of age or older a coverage continuation option until they are eligible for Medicare. Amends title XVIII (Medicare) of the Social Security Act to provide retired workers who lose their retiree health benefits with specified Medicare enrollment and coverage protections.
United States · United States Congress · 7 January 1997
Federal Living Wage Responsibility Act - Requires any employer under a Federal contract or subcontract exceeding $10,000 to pay each employee working on or hired in conjunction with such contract or subcontract the greater of: (1) $7.50 an hour; or (2) an hourly wage necessary for such employee to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four. Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1. Makes ineligible for such required living wage level any employee participating in: (1) an apprenticeship program; or (2) any other training program, which is not longer than six months and is offered to an employee while employed in productive work, that provides training, technical and other related skills, and personal skills essential to full and adequate job performance. Prohibits employers from avoiding paying the required living wage by laying off or otherwise terminating an employee with the intention of replacing that employee with one not eligible for such wage because of participation in an apprenticeship or training program. Requires all Federal contracts and subcontracts to require such living wage payment. Requires Federal contract and subcontract suspension and a five-year ineligibility period for employers who violate such requirement. Makes such employers liable for unpaid wages and an equal amount of liquidated damages. Directs the Secretary of Labor to pay the employees who were not paid such living wage the amount recovered from their employers.
United States · United States Congress · 7 January 1997
War Crimes Disclosure Act - Requires disclosure under the Freedom of Information Act (FOIA) of any matter in the possession or control of specified Federal agencies that relates to any individual who participated in the persecution of any person because of race, religion, national origin, or political opinion at the direction of, or in association with, the Nazi government of Germany. Provides disclosure exceptions, such as for: (1) personnel and medical files and similar files; (2) the protection of intelligence agents; (3) informants; (4) compelling national security reasons; or (5) any portion of any matter that does not relate to any individual who committed Nazi war crimes and is reasonably segregable from other portions of the matter that relate to such individual. Requires disclosure of information that can be reasonably separated from excepted information. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency required to be disclosed under FOIA shall not apply to information regarding Nazi war crimes participants.
United States · United States Congress · 7 January 1997
Religious Communication Sanctity Act of 1997 - Amends the Federal criminal code to impose penalties upon persons who, under color of governmental authority, surreptitiously listen to or record any communication that is privileged because of its religious character. Authorizes any person aggrieved by a violation consisting of the recording of a communication to obtain, in a civil action, the prompt destruction of that recording and any copies or transcripts made from such recording.
United States · United States Congress · 7 January 1997
Designates the Republic of Korea as a visa waiver pilot program country for one year under the Immigration and Nationality Act.
United States · United States Congress · 7 January 1997
TABLE OF CONTENTS: Title I: Protection for Beneficiaries Enrolled in Managed Care Plans Title II: Medicare Title III: Medicaid Managed Care Consumer Protection Act of 1997 - Title I: Protection for Beneficiaries Enrolled in Managed Care Plans - Amends the Internal Revenue Code to provide beneficiaries under managed care health plans with certain consumer protections against plan abuses through the imposition of an excise tax on managed care group health plans, or issuers offering managed care health insurance coverage, which fail to meet specified requirements. (Sec. 101) Prohibits a plan from denying coverage of or payment for items and services on the basis of a utilization review program, unless the Secretary of Health and Human Services certifies (and periodically recertifies) that the programs meet certain standards established by the Secretary in accordance with specified requirements. Includes among such requirements written descriptions of utilization review policies, clinical review criteria, information sources, and the process used to review and approve medical services under the program. Prohibits individuals that perform utilization reviews from receiving financial compensation based upon the number of coverage denials. Requires plans or issuers to: (1) assure enrollees timely access to the covered health services of a sufficient number, distribution, and variety of qualified health care providers, including, when medically necessary, specialty treatment; (2) provide procedures for hearing and resolving grievances between the plan or issuer and enrollees; (3) provide information on physician incentive plans to enrollees upon request, together with disclosure of whether the plan or issuer restricts its malpractice liability in relation to the liability of physicians operating under the plan or coverage; (4) provide certain minimum childbirth benefits; (5) demonstrate that enrollees with chronic diseases or who otherwise require specialized services would have access to designated Centers of Excellence; and (6) cover emergency services without prior authorization and without regard to whether or not the provider furnishing such services has a contractual or other arrangement with the plan or issuer. Prohibits discrimination in any activity against an individual on the basis of race, national origin, gender, language, socioeconomic status, age, disability, health status, or anticipated need for health services. Sets restrictions on commissions for plan or issuer agents. Prohibits plan or issuer interference with physician-patient communications. Prohibits plans or issuers from denying coverage of items or services furnished to an enrollee participating in approved clinical studies. Exempts governmental and church plans from the requirements of this title. Title II: Medicare - Amends title XVIII (Medicare) of the Social Security Act (SSA) to prohibit the Secretary from making payment to an eligible organization under a risk-sharing contract with respect to an enrollee until it certifies to the Secretary that it has provided the enrollee with an orientation meeting certain requirements and has a medical profile with respect to the enrollee. Directs the Secretary to promulgate specific requirements for the orientation and medical profile. (Sec. 202) Makes certain changes in requirements for Medicare supplemental (Medigap) policies relating to community rating and loss ratios. Revises the loss ratio to increase from 75 to 85 the percentage of the aggregate amount of premiums collected which a policy can be expected to return to policyholders in the form of aggregate benefits. (Sec. 203) Prohibits Medigap policy issuers from denying or conditioning a policy for certain continuously covered individuals, from discriminating in pricing because of the individual's health status, or from imposing an exclusion of benefits based on a pre-existing condition. Requires extension of the six-month initial enrollment period to non-elderly Medicare beneficiaries. (Sec. 204) Directs the Secretary to establish by regulation standards for Medicare Select policies that, to the extent practicable, are the same as the standards established by the National Association of Insurance Commissioners (NAIC) with respect to such policies. Requires any additional standards to be developed in consultation with NAIC. Requires Medicare Select policies, generally, to meet the same requirements in effect under Medicare for Medicare risk-sharing contractors. (Sec. 205) Requires eligible organizations to have certain arrangements with out-of-area dialysis providers to assure that enrollees requiring renal dialysis who are temporarily outside of the organization's service area have reasonable access to such services. (Sec. 206) Requires each issuer of a Medigap policy to have an open enrollment period of at least 30 days duration every year during which the issuer may not deny or condition the issuance or effectiveness of such a policy, or discriminate in its pricing because of age, health status, claims experience, receipt of health care, or medical condition. Prohibits the policy from providing any time period applicable to pre-existing conditions, waiting periods, elimination periods, and probationary periods except as provided under Medicare. Authorizes the Secretary to require enrollment through a designated third party. Makes the periods for enrollment applicable for Medicare Select policies the same as those applicable to a Medigap policy. Details enrollment periods for new Medicare beneficiaries and those who move. Requires the Secretary to provide upon request enrollment and other information on eligible organizations and Medigap policies to any individual entitled to Medicare benefits. (Sec. 207) Directs the Secretary to: (1) provide on an annual basis for the publication and wide dissemination (through the Internet and otherwise) of information, in a comparative form, on Medicare managed care plans in order for Medicare beneficiaries to make more informed decisions in enrolling with eligible organizations; and (2) establish, within the Health Care Financing Administration, an office of Medicare advocacy for independent review (including expedited review in emergency circumstances) of problems and concerns of Medicare beneficiaries in relation to the programs under Medicare. (Sec. 209) Requires that Medicare service providers agree not to impose any liability on managed care enrollees for amounts owed hospitals by their plans or issuers for emergency services. (Sec. 210) Provides for exclusion from continuing Medicare and Medicaid qualification for health plans that submit material and false information about service quality data. Subjects them also to intermediate sanctions in lieu of such exclusion. Title III: Medicaid - Prohibits the Secretary from making payment to an eligible organization under SSA title XIX (Medicaid) with respect to an enrollee until it certifies to the Secretary that: (1) it has provided the enrollee with an orientation meeting certain requirements; (2) it has taken a medical profile of the enrollee; and (3) if responsible for providing immunizations for a child enrollee, it has obtained the child's immunization status and begun to provide for such immunizations according to established standards. Directs the Secretary to promulgate specific requirements for the orientation and medical profile. (Sec. 302) Prohibits Medicaid payment to a State with respect to expenditures incurred for payment to an entity under a prepaid capitation plan (or on any other risk basis) unless the requirements of this title are met respecting the entity's provision of appropriate immunization to enrolled children.
United States · United States Congress · 7 January 1997
Amends the Public Health Service Act to authorize appropriations for National Cancer Institute prostate cancer research. Requires the Administrator of the Agency for Health Care Policy and Research to conduct and support such research and to develop and periodically update clinically relevant guidelines, quality standards, performance measures, and medical review criteria.