United States · United States Congress · 22 May 1997
Medical Device Regulatory Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission and to mandate annual FDA and Comptroller General reports to specified congressional committees. (Sec. 3) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary, to establish a procedure under which the regulated person may request a review of the disputed subject matter. (Sec. 4) Revises or imposes requirements regarding: (1) investigational device exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing recognition of self-certifiable consensus standards); (5) effectiveness determinations (as used in classifying devices); (6) reliance on postmarket controls to expedite classification; (7) substantial equivalence; (8) labeling (as affecting premarket approval); (9) supplemental applications; (10) promotional material representations; (11) premarket notification; (12) initial classification; (13) classification panels; and (14) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates accreditation of persons to review and initially classify devices. (Sec. 13) Mandates publication of a list of types of class III devices that are not subject to regulation under specified provisions and for which the Secretary has determined that premarket approval is unnecessary, requiring each to be regulated as class III subject to general and appropriate special controls. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 17) Removes distributors from recordkeeping and reporting requirements. Removes reporting requirements regarding certain certification and removals and corrections. Mandates new user reporting regulations limiting user reporting to a user subset to create a representative profile of user reports. (Sec. 18) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 19) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 20) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental assessment or impact statement. (Sec. 22) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 22 May 1997
Expresses the sense of the House that the goal of having young adults who can enter the mainstream of an increasingly complex financial world with confidence and prudence is one which can be advanced through coordinated efforts such as the Jump$tart Coalition for Personal Financial Literacy.
United States · United States Congress · 21 May 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 20 May 1997
Freedom From Religious Persecution Act of 1997 - Establishes in the Executive Office of the President the Office of Religious Persecution Monitoring, whose Director, appointed by the President, with Senate consent, shall: (1) consider the facts and circumstances of violations of religious freedom presented in certain annual reports on human rights by the Department of State and by independent human rights groups and nongovernmental organizations; (2) make policy recommendations to the President regarding U.S. policies toward governments engaged in religious persecution; and (3) maintain lists of religious persecution facilitating goods and services and the responsible entities within countries engaged in religious persecution. (Sec. 3) Distinguishes between category 1 religious persecution (conducted by government officials or agents) and category 2 religious persecution (conducted by non-government entities or persons, but which the government fails to undertake serious and sustained efforts to eliminate). (Sec. 5) Requires the Director to report to specified congressional committees on countries and entities engaged in religious persecution, identifying the category of persecution and listing persecution facilitating products, goods, and services. (Sec. 7) Prohibits: (1) Federal agencies and U.S. persons from exporting goods, including religious persecution facilitating goods and services, to countries and responsible entities engaged in religious persecution; and (2) U.S. and multilateral assistance to such countries. Directs the President, in casting any vote concerning the membership of a country in the World Trade Organization (WTO), to consider as a significant factor that the country is engaged in religious persecution. Directs the Secretary of State to deny the issuance of a visa to, and the Attorney General shall exclude from the United States, any alien responsible for carrying out acts of religious persecution. (Sec. 8) Provides for the waiver of such sanctions. (Sec. 9) Amends the Immigration and Nationality Act (as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), with respect to eligibility for asylum in the United States, to include under the term "credible fear of persecution" aliens who can claim membership in a community found to be subject to religious persecution. Directs the Attorney General to establish a program to provide training on religious persecution to immigration officers who inspect aliens for admission into the United States. Sets forth procedures for the denial of admission based on religious persecution claims. (Sec. 10) Sets forth requirements with respect to certain State Department human rights reports. Directs the Secretary of State to provide training on the right to religious freedom to chiefs of missions as well as certain Department officials. (Sec. 11) Provides for the termination of sanctions. (Sec. 12) Extends certain existing trade and economic sanctions against Sudan for supporting acts of international terrorism until the Director determines that Sudan has substantially eliminated religious persecution, or no longer supports acts of international terrorism, whichever occurs later. Imposes additional trade, economic, and cultural sanctions against Sudan. Sets forth penalties for violations of certain sanctions. Declares it is the sense of the Congress that the President, or, at his discretion, the Secretary of State should convene an international conference of the other industrialized democracies to reach an international agreement to bring about an end to religious persecution in Sudan. Prescribes congressional procedures for implementing such an agreement. Declares it is the sense of the Congress that the President should instruct the Permanent Representative of the United States to the United Nations (UN) to propose that the UN Security Council impose measures against Sudan. Makes it U.S. policy to impose additional measures against Sudan if its policy of religious persecution has not ended on or before December 25, 1997.
United States · United States Congress · 15 May 1997
Worker Paycheck Fairness Act - Requires a labor union accepting payment of any dues or fees from an employee as a condition of employment to secure from each employee a prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Gives employees a right of civil action against any labor union which violates this requirement. Requires employers to post notice relating to such requirement. Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members.
United States · United States Congress · 15 May 1997
Directs the Secretary of State to report annually to the Congress on: (1) the number of persons and aliens residing in the United States who are entitled to diplomatic immunity from criminal prosecution, including each case involving such an alien whom appropriate law enforcement authorities reasonably believe to have committed a serious crime within the United States; and (2) the number of U.S. citizens residing in a receiving state who are entitled to diplomatic immunity from criminal prosecution there, including each case in which the United States has been requested by the government of the state to waive immunity. Expresses the sense of the Congress that the Secretary should explore, in appropriate fora, whether states should enter into agreements and adopt legislation to provide: (1) jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to diplomatic immunity; and (2) that where there is probable cause to believe that an individual with such immunity committed a serious crime, the sending state will waive immunity or will prosecute the individual.
United States · United States Congress · 8 May 1997
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 8 May 1997
Military Recruit Training Policy Restoration Act of 1997 - Directs the Secretaries of the military departments concerned to require that basic training (or its equivalent) at the company level and below (at the group level and below, with respect to the Air Force) be conducted through separate units for male and female recruits. Allows only male officers to command and serve as drill instructors in a male training unit, and only female officers to command and serve as drill instructors in a female training unit.
United States · United States Congress · 6 May 1997
Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims that is founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 1 May 1997
Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) State responsibilities and cooperation between Federal and State authorities.
United States · United States Congress · 30 April 1997
Directs the Attorney General to establish a program to identify certain deportable aliens awaiting arraignment in specified local prisons, including all facilities in Ventura and Orange Counties, California.
United States · United States Congress · 30 April 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
United States · United States Congress · 29 April 1997
Transportation Empowerment Act - Authorizes appropriations out of the Highway Trust Fund (HTF) for the interstate maintenance program, the interstate and Indian reservation bridge program, the Federal lands highways program, public lands highways, parkways and park roads, highway safety programs, and highway safety research and development, through FY 2002. Amends provisions regarding transferability of funds to authorize a State, upon determining that excess funds have been made available to the State for a purpose, to transfer the excess funds to, and use such funds for, any surface transportation purpose (including mass transit and rail) in the State. Specifies that if the Secretary determines that a State has transferred funds to a purpose that is not a surface transportation purpose, the amount of the improperly transferred funds shall be deducted from any amount the State would otherwise receive from HTF for the next fiscal year. Repeals provisions regarding the apportionment formula for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System and sets forth provisions regarding the apportionment of funds to the States for interstate maintenance. Authorizes appropriations for motor carrier safety grants. Amends the Internal Revenue Code (IRC) to: (1) extend until October 1, 2002, the availability of HTF funds for authorized expenditures; (2) set a core programs financing rate for gasoline, special motor fuels, and diesel fuel; (3) establish in HTF an Infrastructure Special Assistance Fund; and (4) provide for the return of excess tax receipts to States for transportation purposes. Terminates transfers to HTF's Mass Transit Account on and after October 1, 1997. (Sec. 6) Grants congressional consent to States to enter into interstate compacts to: (1) promote the continuity, quality, and safety of the Interstate System; (2) develop programs to promote and fund surface transportation safety initiatives and establish surface transportation safety standards; (3) conduct long-term planning for surface transportation infrastructure in, and develop design and construction standards for such infrastructure to be used by, participating States; and (4) establish surface transportation infrastructure banks. Sets forth provisions regarding financing and authority of infrastructure banks. (Sec. 7) Requires the head of each executive agency to: (1) assist State and local governments in efforts to privatize the transportation infrastructure assets of the State and local governments; and (2) approve requests from State and local governments to privatize transportation infrastructure assets and waive or modify any condition relating to the original Federal program that funded the asset. Sets forth provisions regarding criteria for approval of requests, the lack of a State or local obligation to repay Federal grant funds for assets that are privatized, the use of proceeds from the privatization of a transportation infrastructure asset, and cost recovery. (Sec. 8) Amends the IRC to reduce taxes on gasoline, diesel fuel, and special fuels funding HTF. (Sec. 9) Authorizes appropriations. (Sec. 10) Directs the Secretary to report to the Congress describing necessary technical and conforming amendments. (Sec. 11) Makes this Act contingent upon certification by the Director of the Office of Management and Budget that this Act is deficit neutral and meets specified requirements regarding discretionary spending limits.
United States · United States Congress · 24 April 1997
African Growth and Opportunity Act - Declares the support of the Congress for the economic self-reliance of Sub-Saharan African countries committed to economic and political reform, market incentives and private sector growth, eradication of poverty, and the importance of women to economic growth and development. (Sec. 4) Makes a sub-Saharan African country eligible to participate in programs, projects, or activities, or receive assistance or other benefits under this Act for a fiscal year only if the President determines, according to specified evidence, that it has established, or is making continual progress toward establishing, a market-based economy. Directs the President to monitor and review eligible sub-Saharan countries that are in need of making continual progress in meeting one or more of this Act's requirements. Makes ineligible to participate in programs or receive assistance or other benefits under this Act any countries that have not made progress in meeting such requirements. (Sec. 5) Expresses the sense of the Congress that sustained economic growth in sub-Saharan Africa depends upon the development of a receptive environment for trade and investment through the continued support by the U.S. Agency for International Development (AID) of programs that help to create this environment. Sets forth declarations of policy with respect to assistance provided to sub-Saharan Africa through the Development Fund for Africa and the African Development Foundation. Amends the Foreign Assistance Act of 1961 to provide: (1) additional program authorities to include assistance to promote democratization and strengthen conflict resolution; and (2) increased program flexibility through presidential waivers of certain requirements (except those for certain child survival activities). (Sec. 6) Directs the President to convene annual high-level meetings between U.S. Government officials and officials of the governments of sub-Saharan African countries to foster close economic ties between them. Directs the president to establish a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum. Authorizes appropriations. (Sec. 7) Directs the President to develop a plan meeting certain requirements to enter into one or more trade agreements with certain eligible sub-Saharan African countries to establish a United States-Sub-Saharan Africa Free Trade Area. (Sec. 8) Expresses the sense of the Congress that reform of trade policies in sub-Saharan Africa that removes structural impediments to trade, consistent with the World Trade Organization (WTO), can lay the groundwork for sustained growth there in both textile and apparel exports. Directs the United States, pursuant to the Agreement on Textiles and Clothing, to eliminate the existing quotas on textile and apparel exports to the United States from Kenya and Mauritius, provided they adopt a visa system to guard against the unlawful transshipment of such goods. Directs the President to: (1) continue the existing no quota policy for sub-Saharan African countries; and (2) report to the Congress on the growth in textiles and apparel exports to the United States from such countries in order to protect U.S. consumers, workers, and textile manufacturers from economic injury on account of the no quota policy. (Sec. 9) Amends the Trade Act of 1974 to authorize the President to provide duty-free treatment for any non-import-sensitive article that is the growth, product, or manufacture of an eligible sub-Saharan African beneficiary developing country. Waives the competitive need limitation with respect to eligible countries in sub-Saharan Africa. Extends duty-free treatment to sub- Saharan African beneficiary developing countries through May 31, 2007. (Sec. 10) Expresses the sense of the Congress that: (1) specified international financial institutions and their programs are vital to the economic growth and development of sub-Saharan African countries; (2) the executive branch should extinguish concessional debt owed to the United States by the poorest sub-Saharan countries; and (3) the Congress supports the efforts of the executive branch to secure agreement from such institutions to maximize debt reduction for such countries as part of the multilateral initiative known as the Heavily Indebted Poor Countries (HIPC) initiative. Supports and encourages the implementation of specified initiatives through AID and the Trade Development Agency, including: (1) the formation of American-African business partnerships; (2) technical assistance to promote trade reforms; (3) agricultural market liberalization; (4) trade promotion; and (5) trade in services. (Sec. 11) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should exercise its authorities to initiate two or more equity funds in support of projects in sub-Saharan African countries, particularly projects that expand opportunities for women entrepreneurs and employment for the poor. (Sec. 12) Amends the Foreign Assistance Act of 1961 to revise the composition of the Board of Directors of OPIC to require at least one of the eight presidentially-appointed Directors to have extensive private sector experience in sub-Saharan Africa. Directs the Board to increase financial assistance in sub-Saharan Africa. Amends the Export-Import Bank Act of 1945 to make similar changes with respect to the Export-Import Bank of the United States. (Sec. 13) Directs the President to establish the position of Assistant United States Trade Representative within the Office of the United States Trade Representative to focus on trade issues relating to sub-Saharan Africa.
United States · United States Congress · 24 April 1997
Voter Eligibility Verification Act - Amends the Immigration and Nationality Act to direct the Attorney General to establish a voter eligibility confirmation system to respond to Federal, State, or local election officials' inquiries made to verify a voter registrant's citizenship. Directs the Commissioner of Social Security and the Commissioner of the Immigration and Naturalization Service to develop methods to confirm the reliability of the information provided. Amends the Social Security Act to permit States to require voter registrants to provide their social security numbers.
United States · United States Congress · 23 April 1997
Patient Access to Responsible Care Act of 1997 - Amends the Public Health Service Act to require a health insurance issuer to: (1) assure that covered items and services are available and accessible to each enrollee; (2) assure the availability and accessibility of emergency services and urgent care 24 hours a day, 7 days a week; (3) not require prior authorization for emergency services; and (4) cover emergency and urgent (and related ancillary) services. Requires an issuer offering network coverage to show that enrollees have access to specialized treatment. Regulates network incentive plans. Requires an issuer to: (1) permit each network enrollee to select a personal health professional from participating professionals; (2) cover nonparticipating providers, regulating premiums and cost sharing; (3) avoid undue enrollee burden from care coordination and cost control processes; (4) ensure direct specialist access; (5) provide for continuity of care for those with special needs or a chronic condition; and (6) provide for continued coverage in certain circumstances. Prohibits issuer discrimination on the basis of specified factors against individuals or providers. Prohibits any issuer-professional agreement from restricting the professional from engaging in medical communications with the professional's patient. Sets forth requirements regarding utilization review, an appeals process, and the process by which health professionals and providers become participants. Requires issuers to: (1) disclose certain information to enrollees and prospective enrollees; (2) comply with Federal and State confidentiality laws; (3) meet State solvency-related requirements; and (4) establish a quality improvement program. Requires issuers to comply with this Act regarding group and individual coverage. Declares that the requirements of this Act do not preempt any State law providing equivalent or stricter protections for individuals. Amends the Employee Retirement Income Security Act of 1974 to require a group health plan and an issuer offering coverage under such a plan to comply with the requirements of this Act. Declares that this Act does not preempt any State: (1) law providing equivalent or stricter protections for individuals; or (2) cause of action for personal injury or wrongful death damages that provides insurance or administrative services to or for an employee welfare benefit plan maintained to provide health benefits.
United States · United States Congress · 17 April 1997
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall spending levels. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Allows waiver of such prohibition if such bill is required to be approved by a two-thirds majority vote in the House and the Senate. (Sec. 203) Prohibits baseline budgeting. Requires objective year-to-year comparisons under budget law, with the starting point for both presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to require a budget law to include a major functional category ("rainy day fund") for natural disasters, subject to specified conditions. (Sec. 205) Amends Federal law to require the President to submit: (1) a budget, by the first Monday in February of each year before that in which a fiscal period commences, setting forth on a single page specific budget ceilings in each major functional category; and (2) a detailed budget, on or before the 15th day after a joint resolution on the budget is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide the appropriate House of Congress (or any committee, subcommittee, or conference) an estimate of the costs in each major functional category of each spending bill likely to result in costs of over $10 million, before being voted on by the Senate or the House, or any committee, subcommittee, or conference committee. (Sec. 301) Requires a two-thirds affirmative vote in the House or the Senate (or any committee, subcommittee, or conference committee) to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House or the Senate, or both, to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress, by two-thirds vote, exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions in spending in the same functional category. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. (Sec. 309) Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals an exemption in the House from pay-as-you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure that budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require CBO reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of social security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Amends Federal law to provide that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts and collections as negative budget authority.
United States · United States Congress · 16 April 1997
State and Local Government Interstate Waste Control Act of 1997 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information. Authorizes States to establish limits on the amount of out-of-State waste received annually for disposal at each facility pursuant to an exemption for documented shipments (under clause (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented out-of-State waste before enactment of this Act at the amount received during 1993 (zero if no such waste was received at the facility during that year). Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1997 that are percentages of the waste received during 1993, beginning with 85 percent in 1998 and declining to 50 percent after 2000. Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State. Allows States to require that a permit issued for a new landfill or incinerator or an expansion include an annual limitation of not less than 20 percent on the total quantity of out-of-State municipal solid waste relative to the total waste received by the facility. Requires any such limitation to be uniformly applied and prohibits discrimination (absent agreement otherwise) against shipments of out-of-State waste on the basis of State of origin. Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce. Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of out-of-State waste received during the preceding year.
United States · United States Congress · 14 April 1997
Makes it in order at any time on April 16, 1997, for the Speaker of the House of Representatives to entertain motions that the House suspend the rules.
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 · 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 · 8 April 1997
Directs the Secretary of State to report annually to the Congress on: (1) the number of persons and aliens residing in the United States who are entitled to diplomatic immunity from criminal prosecution, including each case involving such an alien whom appropriate law enforcement authorities reasonably believe to have committed a serious crime within the United States; and (2) the number of U.S. citizens residing in a receiving state who are entitled to diplomatic immunity from criminal prosecution there, including each case in which the United States has been requested by the government of the state to waive immunity. Expresses the sense of the Congress that the Secretary should explore, in appropriate fora, whether states should enter into agreements and adopt legislation to provide: (1) jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to diplomatic immunity; and (2) that where there is probable cause to believe that an individual with such immunity committed a serious crime, the sending state will waive immunity or will prosecute the individual.
United States · United States Congress · 8 April 1997
Makes it in order at any time on April 9 or 10, 1997, for the Speaker of the House of Representatives to entertain motions that the House suspend the rules.
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
State Initiative Fairness Act - Prohibits a U.S. district court or judge thereof from granting any application for an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law adopted by referendum upon the ground of unconstitutionality unless such application is heard and determined by a three-judge court. Requires, in any such case, the additional judges to be designated as soon as practicable and the court to expedite the consideration of the application for an injunction. Requires any appeal of a determination on such application to be to the Supreme Court.
United States · United States Congress · 20 March 1997
Methamphetamine Elimination Act - Authorizes appropriations to the Attorney General for FY 1998 through 2003 to make grants to the California Bureau of Narcotics Enforcement to implement the Bureau's methamphetamine strategy.
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
TABLE OF CONTENTS: Title I: Research on Lupus Title II: Delivery of Services Regarding Lupus Lupus Research and Care Amendments of 1997 - Title I: Research on Lupus - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women. Authorizes appropriations. Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Regulates fees imposed by grantees on service recipients. Authorizes technical assistance. Authorizes appropriations.
United States · United States Congress · 13 March 1997
Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.
United States · United States Congress · 13 March 1997
Credit Cost Reduction Act of 1997 - Amends the Fair Debt Collection Practices Act to exempt from its coverage communications involving: (1) actions taken pursuant to either Federal or State Rules of Civil Procedure; or (2) a nonjudicial foreclosure. Permits collection activities and communications to continue during the 30-day period following the initial notice of debt by the debt collector to the debtor. Modifies civil liability guidelines with respect to: (1) class action awards; (2) attorney's fees to enforce civil liability; (3) plaintiff's attorney's fees; (4) disallowance of certain fees accruing after refusal of settlement offer; and (5) factors for court consideration in determining the amount of debt collector liability for noncompliance with such Act.
United States · United States Congress · 12 March 1997
Congressional Responsibility Act of 1997 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
United States · United States Congress · 12 March 1997
Defense Jobs and Trade Promotion Act of 1997 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
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
Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Removes a restriction on electing the alternative incremental credit.
United States · United States Congress · 5 March 1997
Drug-Free Communities Act of 1997 - Amends the National Narcotics Leadership Act of 1988 to direct Director of the Office of National Drug Control Policy to establish a program to support communities in the development and implementation of comprehensive, long-term plans and programs to prevent and treat substance abuse among youth (referred hereafter as the Program). Requires that the Program shall include grant making and tracking, technical assistance and training, data collection and dissemination on state-of-the-art practices which have proven effective in reducing substance abuse, and general administration. Authorizes appropriations. Sets forth specified criteria a coalition shall meet to be eligible to receive a grant. Prescribes limitations concerning: (1) grant amounts; (2) coalition awards; and (3) rural coalition grants. Requires the Administrator of the Program to: (1) have access for the purpose of audit and examination to any books, documents, and records that are pertinent to any grant or grant renewal request and may periodically request information from a grantee to ensure that the criteria set forth are being met; (2) issue rules and regulations regarding the application process, grant renewal, and suspension or withholding of any renewal grant awards; and (3) make every effort, consistent with existing law, to minimize reporting requirements by a grantee and to expedite any grant renewal requests. Authorizes the Administrator to: (1) collect data from national substance abuse organizations working with coalitions, community anti-drug coalitions, departments or agencies of Federal, State and local or tribal governments and any other entity or organization whose activities relate to the purposes of the Program, and evaluate the utility of specific initiatives, engage in research and development activities related to the Program, and disseminate such information to eligible coalitions, any other substance abuse organization, or the public; and (2) offer technical assistance and training, enter into contracts and cooperative agreements, coordinate programs with any grantee or other organization, and train any representatives designated by a grantee in coalition building, task force development, mediation and facilitation, direct service, assessment and evaluation or any other activity related to the purposes of the Program. Establishes the Advisory Commission on Drug-Free Communities (Advisory Commission) to advise, consult with, and make recommendations to the Administrator concerning matters related to the activities carried out under the Program. Sets forth the duties of the Advisory Commission. Requires that if the Administrator rejects recommendations of the Advisory Commission, the Administrator shall notify the Advisory Commission and the Director in writing of the reasons for so doing not later than 15 days after receiving such recommendations. Terminates the Advisory Commission five years after enactment of this Act.
United States · United States Congress · 27 February 1997
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary finds that commercially viable uses of nominated lands (including lands located within ten miles of them) will not be adversely affected by such inclusion, and publishes that finding; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. (Sec. 3) Authorizes the President to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, including the natural resources associated with the property, and the impact that such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to report annually to specified congressional committees certain information on each World Heritage Site within the United States. (Sec. 4) Prohibits Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on each Biosphere Reserve within the United States. (Sec. 5) Prohibits, under any international agreement (with exceptions under certain wetlands agreements and conventions), the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless specifically authorized by law; (2) State or local government lands unless specifically authorized by State or local law; or (3) privately owned lands without the owner's consent.
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 · 26 February 1997
Filipino Veterans Equity Act of 1995 (sic) - Amends Federal veterans' benefits provisions to include certain service in the organized military forces of the Philippines and service as Philippine Scouts within the definition of active U.S. military service for purposes of eligibility for various veterans' benefits for former active-duty military personnel.
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
21st Century Scholars Act of 1997 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to establish a 21st Century Scholars Program, which shall give eligible 21st Century Scholars (eligible Scholars) a legally binding promise, secured by the full faith and credit of the United States, to provide the maximum authorized Pell Grant to cover the costs of attendance for each of up to four years of attendance at an eligible institution. Makes students eligible Scholars if they successfully completed the uppermost grade at a qualifying elementary school and were residents of the such school's attendance area during the school year in which such grade was completed. Makes schools qualifying elementary schools if they serve attendance areas in which the concentration of children from low-income families exceeds 75 percent, as determined under specified provisions of the Elementary and Secondary Education Act of 1965.
United States · United States Congress · 13 February 1997
Hong Kong Reversion Act - Directs the President to consider the performance of the Hong Kong Government and the actions of the Chinese Government when determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China as required under the United States-Hong Kong Policy Act of 1992. Directs the Secretary of State to include in each annual report to the Congress on conditions in Hong Kong, among other things, assessments of: (1) Hong Kong's or China's cooperation in securing certain agreements with the United States; and (2) the autonomy of Hong Kong and its customs territory. Authorizes extension of the International Organizations Immunities Act to the Hong Kong Economic and Trade Offices (Hong Kong's official economic and trade missions in the United States) in the same manner as such Act may be extended to a public international organization in which the United States participates pursuant to any treaty or Act of the Congress. Authorizes the President to apply to such Offices certain provisions of the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations.
United States · United States Congress · 13 February 1997
Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires (including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services) if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws. Authorizes health care practitioners to provide any method of treatment to such an individual if certain requirements are met. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition.
United States · United States Congress · 13 February 1997
Directs the Speaker and the minority leader of the House to appoint 20 independent factfinders at the beginning of each Congress (within 30 calendar days after the adoption of this resolution for the 105th Congress) to carry out investigations on behalf of the House as required by the Committee on Standards of Official Conduct. Disqualifies any lobbyist required to register with the Clerk of the House or the Secretary of the Senate under the Federal Regulation of Lobbying Act. Requires such Committee to adopt specified rules relating to the use of independent factfinders in lieu of a four or six-member investigative subcommittee.