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 · 1 May 1997
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 90 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
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
Prisoners Frivolous Lawsuit Prevention Act of 1997 - Amends rule 11 of the Federal Rules of Civil Procedure to provide that by presenting to the court a pleading, written motion, or other paper, an attorney or unrepresented party is certifying (among other things and subject to specified limitations) that the allegations and other factual contentions have evidentiary support, are made in a case involving a party other than a prisoner, and, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. Directs the court, upon determining in a case involving a party who is a prisoner that provisions regarding improper representations to the court have been violated, to impose an appropriate sanction upon the attorneys, law firms, or parties responsible for the violation. Specifies that a sanction imposed for a violation of this rule shall not be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated in a case involving a party who is a prisoner.
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 · 23 April 1997
Veterans Cold Weather Injury Compensation Act - Directs the Secretary of Veterans Affairs to establish and maintain a registry of veterans who, while in active military service, were exposed for a significant period of time to sustained periods of extremely cold weather (seven days or more of average temperatures of 32 degrees or lower). Requires such registry to be used to determine the association, if any, between the disabilities of such veterans and the exposure to such weather. Presumes cold-weather injuries in such veterans to be service-connected and therefore compensable through veterans' disability compensation. Directs the Secretary, within 90 days, to prescribe initial regulations on injuries determined to have a positive association with sustained exposure to cold weather.
United States · United States Congress · 17 April 1997
Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program in the National Institutes of Health to conduct and support research and training on Parkinson's disease. Requires: (1) the convening of a research planning conference at least every two years; (2) the awarding of Core Center Grants to encourage innovative multidisciplinary research and training on Parkinson's (designating each recipient as a Morris K. Udall Center for Research on Parkinson's Disease); and (3) a grant program to support investigators with a proven record who demonstrate potential for breakthroughs in understanding the pathogenesis, diagnosis, and treatment of Parkinson's. Authorizes appropriations. Prohibits using any amounts under this Act for any research or therapeutic application that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion.
United States · United States Congress · 17 April 1997
Medicare Medical Nutrition Therapy Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dieticians and nutrition professionals.
United States · United States Congress · 17 April 1997
Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA facilities. Provides for: (1) the waiver of certain Medicare requirements in order to carry out the project; and (2) selection of participating VA facilities (requires the VA Secretary to designate up to three geographic service areas from which such facilities are to be selected and to establish a selection plan). Requires at least one facility selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility were not a Federal facility, were participating in the project, and imposed charges for such services. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million. Requires reductions in such payments when the amount of actual VA medical expenditures for targeted veterans is less than the amount of the maintenance of effort level (as defined under this Act) for such fiscal year. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual audits by the Comptroller General. Requires: (1) an independent entity to undertake an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion. Directs the Secretaries to submit to the appropriate congressional committees a report on the feasibility and advisability of establishing a new demonstration project to reimburse the VA Secretary for health care services furnished to targeted Medicare-eligible veterans enrolled in managed health care plans established by such Secretary.
United States · United States Congress · 17 April 1997
Open Competition and Fairness Act of 1997 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
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
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical and dental care comparable to that offered under CHAMPUS. Includes as an eligible covered beneficiary any member or former member of the armed forces, and any dependent of such member, who: (1) is not guaranteed access under CHAMPUS or TRICARE Standard (a Department of Defense managed care program) to health and dental care comparable to the highest level provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of geographical inaccessibility, enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. States that any such beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) enrollment contributions; (2) participation management by the Director of the Office of Personnel Management (OPM); and (3) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Requires the health and dental care benefits provided under CHAMPUS and TRICARE Standard, as well as the rates prescribed for the reimbursement of providers under such programs, to be comparable to the highest level of benefits provided under the FEHB. Requires the Secretary to begin offering the health benefits option of this Act no later than November 1, 1997.
United States · United States Congress · 16 April 1997
Homeowners Association Clarification Act of 1997 - Amends the Internal Revenue Code to allow timeshare associations to elect to be taxed under provisions relating to homeowner associations.
United States · United States Congress · 15 April 1997
Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government. Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights. (Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case. Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request. Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process. Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act.
United States · United States Congress · 15 April 1997
Authorizes the President to present on behalf of the Congress a gold medal to Rachel Robinson and other family of the late Jack Roosevelt Robinson in recognition of his contributions to racial equality, athletics, business, and charitable causes. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike bronze duplicates of such gold medal.
United States · United States Congress · 15 April 1997
Directs the Secretary of the Treasury to pay a specified sum to a named individual as compensation for full settlement of all claims against the United States for injuries resulting from an uncorrected accounting and wage payment error acknowledged by the Coast Guard.
United States · United States Congress · 15 April 1997
Constitutional Amendment - Grants victims of violent crimes or crimes for which the defendant can be imprisoned for longer than one year the right: (1) to notice of, and to not be excluded from, all public proceedings relating to the crime; (2) to be heard, if present, and to submit a written statement at all public proceedings (and non-public parole proceedings to the extent the convicted offender is afforded such rights) relating to the crime to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the crime; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the crime; (5) to an order of restitution from the convicted offender; (6) to consideration for the victim's safety in determining any release from custody; and (7) to notice of the rights established by this amendment. Grants the victim standing to assert such rights. Grants power to the Congress and the States to enforce this amendment.
United States · United States Congress · 10 April 1997
Wetlands Restoration and Improvement Act of 1997 - Amends the Federal Water Pollution Control Act to declare that it is national policy to: (1) achieve, through regulatory and nonregulatory opportunities involving all levels of government and supported by private initiatives, the conservation and restoration of wetlands to increase the quantity and quality of, and no overall net loss of, the wetlands resource base of the United States; and (2) foster wetlands mitigation banking as a means to mitigate wetlands loss by providing a stable, practical, and workable regulatory framework for the use of mitigation banking, making appropriate use of existing, successful State programs for mitigation banking, taking into account regional variations in wetlands conditions. Directs the Secretary of the Army to issue a mitigation bank charter to a person whose application satisfies specified criteria. Requires an applicant to submit an application signed by a responsible official which contains specified information, including: (1) the proposed restoration, enhancement, creation, or preservation projects proposed to be included in the scope of the charter; (2) the proposed service area for each proposed project; (3) reliable assurances of an adequate source of water; (4) adequate legal control over the real property in the proposed project; (5) adequate financial assurances; (6) an adequate operations and maintenance plan to assure continued viability of the proposed project after completion of project construction; and (7) adequate legal protection to assure permanent protection of the wetlands in the mitigation bank that are used as the basis for selling credits. Sets forth provisions regarding annual reports, decision deadlines, and other procedural matters, including State approval of mitigation bank projects. Authorizes a mitigation bank, upon receipt of its charter, to offer mitigation credits for sale, subject to specified requirements. Directs the Secretary to propose regulations which set forth objective criteria by which: (1) the number of credits to be yielded by a mitigation banking project may be determined; and (2) mitigation bank service areas are to be determined. Requires such regulations to establish a preference for in-kind compensation of wetland impacts. Directs the Secretary to develop a State-by-State implementation strategy. Sets forth reporting requirements.
United States · United States Congress · 10 April 1997
TABLE OF CONTENTS: Title I: Relief for All Individuals Title II: Additional Relief for Family-Owned Businesses and Farms Title III: Benefits for Conservation Easements Title IV: Benefits for Historic Preservation Family Business Protection Act of 1997 - Title I: Relief for All Individuals - Amends the Internal Revenue Code to replace the unified credit against the estate tax and the unified credit against the gift tax with a unified exemption amount. Title II: Additional Relief for Family-Owned Businesses and Farms - Excludes from the value of the gross estate of certain decedents specified portions of qualified family-owned business interests. Title III: Benefits for Conservation Easements - Excludes from the gross estate, if the executor elects, the value of land subject to a qualified conservation easement, except for any debt-financed portion. Provides for the treatment of any retained development right. Adds references to such property to provisions controlling the basis of property acquired from a decedent. (Sec. 302) Prohibits treating the transfer by gift of land subject to a qualified conservation easement as a transfer of property by gift for purposes of provisions relating to gift taxes. (Sec. 303) Amends provisions relating to the valuation of certain farm and other real property to prohibit a qualified conservation contribution (as defined in provisions relating to charitable contributions) from being deemed a disposition unless it is subject to a conservation easement. Declares that, if property is otherwise qualified real property, being subject to a conservation easement does not disqualify it. (Sec. 304) Allows a contribution to be treated as exclusively for conservation purposes if the surface estate and mineral interests have been and remain separated (currently, if the surface estate and mineral interests were separated before June 13, 1976, and remain separated) and if the probability of surface mining is so remote as to be negligible. Title IV: Benefits for Historic Preservation - Provides that for purposes of determining the estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property included in the estate.
United States · United States Congress · 10 April 1997
Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 10 April 1997
Real Estate Settlement Procedures Act Class Action Relief Act of 1997 - Amends the Real Estate Settlement Procedures Act of 1974 to provide a moratorium between the date of enactment of this Act and December 31, 1998, on class certification, sanction imposition, or other proceedings with regard to class action lawsuits under such Act.
United States · United States Congress · 10 April 1997
Constitutional Amendment - Provides that three years after ratification of this amendment: (1) the 16th amendment to the U.S. Constitution is repealed; and (2) the Congress shall have no power to lay and collect taxes on incomes, except in time of war declared by the Congress.
United States · United States Congress · 10 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to affirm publicly as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict this policy.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 8 April 1997
Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information. Imposes a monetary penalty, imprisonment, or both for violations. (Current law provides for imposition of penalties only for the unlawful disclosure of such information.)
United States · United States Congress · 8 April 1997
Veterans American Dream Homeownership Assistance Act of 1997 - Amends the Internal Revenue Code concerning the eligibility of veterans for State-financed veterans' home mortgages.
United States · United States Congress · 8 April 1997
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
United States · United States Congress · 20 March 1997
United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.
United States · United States Congress · 20 March 1997
Amends the Internal Revenue Code to extend permanently the tax credit for expenses of clinical testing of certain drugs for rare diseases or conditions.
United States · United States Congress · 20 March 1997
21st Century Classrooms Act for Private Technology Investment - Amends the Internal Revenue Code to provide businesses with a deduction for: (1) the donation of computer technology and equipment (within two years of production or acquisition) to elementary or secondary schools, tax-exempt entities supporting education, or private foundations that contribute such property to these entities; and (2) cash contributions used for such purposes.
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
TABLE OF CONTENTS: Title I: Equalization of Medicare Reimbursement Rates to Health Maintenance Organizations and Competitive Medical Plans Title II: Expansion of Grant Authority to Include Technical Assistance for Rural Health Networks Title III: Medicare Rural Primary Care Hospital Program Title IV: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Subtitle B: Primary Care Services Furnished in Shortage Areas Title V: Classification as Rural Referral Centers; Geographic Reclassification for Disproportionate Share Payment Adjustment Title VI: Medicare Payment Methodologies Title VII: Antitrust Title VIII: Financing Rural Health Improvement Act of 1997 - Expresses the sense of the Congress that this Act reflects the dedication of the late U.S. Representative Bill Emerson to ensuring health care access for all rural Americans. Title I: Equalization of Medicare Reimbursement Rates to Health Maintenance Organizations and Competitive Medical Plans - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise provisions for payments to health maintenance organizations (HMOs) and competitive medical plans (CMPs) for the stated purpose of equalizing Medicare reimbursement rates to HMOs and CMPs. (Sec. 102) Expresses the sense of the Congress that HMOs or CMPs in rural areas receiving additional payments as a result of this title should allocate those payments to provide increased health care services to Medicare beneficiaries or to pay for health care service infrastructure needs. Title II: Expansion of Grant Authority to Include Technical Assistance for Rural Health Networks - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide technical assistance, directly or through grants or contracts, for the planning, development, and operation of any program or service carried out pursuant to a rural health network under that Act. Title III: Medicare Rural Primary Care Hospital Program - Replaces the Essential Access Community Hospital Program (EACH) under Medicare with the Medicare Rural Primary Care Hospital Program while continuing payment to designated EACHs, rural primary care hospitals, and certain other medical assistance facilities operated as limited service rural hospitals under a specified demonstration program. Permits agreements between rural primary care hospitals and the Secretary for the use of up to 25 beds for extended care services. Bases payment for inpatient and outpatient rural primary care hospital services on the reasonable costs of the hospital in providing such services. Lengthens from 72 to 96 hours the maximum period of permitted inpatient stay at a rural primary care hospital. Title IV: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps - Amends the Internal Revenue Code to exclude qualified National Health Service Corps scholarship payments and loan repayments from gross income. (Sec. 402) Requires the HHS Secretary to report to the Congress on the study being conducted on the criteria for designation of health professional shortage areas and medically underserved areas under the Public Health Service Act. (Sec. 403) Amends the Public Health Service Act to require the Secretary to give special priority to applications by community rural health networks for the assignment of Corps personnel for providing health services in or to a health professional shortage area. Subtitle B: Primary Care Services Furnished in Shortage Areas - Amends SSA title XVIII to provide for an increase in the amount of additional Medicare payments for primary care services (currently, physicians' services) furnished in rural shortage areas, and for services that are furnished by a physician assistant, nurse practitioner, or nurse midwife that would be physicians' services if furnished by a physician. Extends such payment for former shortage areas. Requires carriers to report on services provided. Title V: Classification of Rural Referral Centers; Geographic Reclassification for Disproportionate Share Payment Adjustment - Amends SSA title XVIII to prohibit denial of a rural referral center's request for reclassification on the basis of comparability of wages. Provides for the continuing treatment of previously designated rural referral centers. (Sec. 502) Permits Medicare hospital geographic reclassification for purposes of disproportionate share payment adjustments. Title VI: Medicare Payment Methodologies - Directs the HHS Secretary to implement a methodology based on a specified proposal for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services. Title VII: Antitrust - Expresses the sense of the Congress that: (1) physician and hospital networks in rural areas are working to develop alternative means of providing accessible, affordable, and quality health care services to Americans living and working in rural areas; and (2) the Federal Trade Commission, in conjunction with the Justice Department, should, when implementing antitrust guidelines with respect to physician and hospital networks in rural areas, give special consideration to and provide appropriate relief for such networks. Title VIII: Financing - Extends certain Medicare secondary payer requirements with respect to end stage renal disease.
United States · United States Congress · 20 March 1997
Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.
United States · United States Congress · 20 March 1997
Prohibits the Secretary of Defense, in disposing of real property in connection with the closure of the Long Beach Naval Air Station, California, from conveying any portion of such property to a shipping company owned or controlled by a foreign country. Requires the Secretary to prohibit any subsequent reconveyance of such property to such a company. Provides a reversionary interest and a right of entry for the United States if any such property is so conveyed or reconveyed.
United States · United States Congress · 20 March 1997
Second Amendment Restoration Act of 1997 - Amends the Federal criminal code and the Violent Crime Control and Law Enforcement Act of 1994 to repeal prohibitions on the manufacture, possession, transfer, and use of semiautomatic assault weapons and large capacity ammunition feeding devices.
United States · United States Congress · 20 March 1997
Disapproves the rule submitted by the Occupational Safety and Health Administration relating to occupational exposure to methylene chloride. Declares that such rule shall have no force or effect.
United States · United States Congress · 19 March 1997
Amends the Internal Revenue Code to replace provisions relating to an alternative tax for corporations on capital gains with provisions making 100 percent of the net capital gain of a taxpayer a deduction from gross income. Provides for the treatment of estates and trusts. Requires reducing net capital gain by the amount the taxpayer takes into account as investment income under specified provisions.
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: Enhanced-Use Leases of Department of Veterans Affairs Real Property Title II: Renaming Provisions Title III: Codification of Prior Compensation Rate Increases Title I: Enhanced-Use Leases of Department of Veterans Affairs Real Property - Extends through December 31, 2002, the authority of the Department of Veterans Affairs to enter into enhanced-use leases of Department real property. Repeals a provision limiting the number of enhanced-use agreements in toto and during a fiscal year. Title II: Renaming Provisions - Renames the: (1) United States Court of Veterans Appeals as the United States Court of Appeals for Veterans Claims; (2) National Cemetery System of the Department as the National Cemetery Administration; and (3) position of Director of the National Cemetery System as the Assistant Secretary of Veterans Affairs for Memorial Affairs. Provides for the initial appointment of such Assistant Secretary. Title III: Codification of Prior Compensation Rate Increases - Codifies increases in the rates of: (1) veterans' disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation (DIC) for surviving spouses and children; and (5) supplemental DIC for disabled adult children.
United States · United States Congress · 18 March 1997
Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Requires the Secretary, acting through the CDC, to consult with State and local governmental agencies, managed care organizations, nonprofit organizations, physicians, and other health professionals and organizations. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to the data and information that is collected under this Act. Authorizes appropriations.
United States · United States Congress · 18 March 1997
Subjects veterans' benefits claim decisions made by the Secretary of Veterans Affairs or the Board of Veterans' Appeals to revision on the grounds of clear and unmistakable error. Requires reversal or revision of such decision, by the same party making the original decision, if evidence establishes such error. Allows review requests for determining the existence of such error to be instituted by the Secretary, the Board, or the claimant.
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
HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt. Expresses the sense of the Congress that with respect to health professionals with HIV disease: (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. Expresses the sense of the Congress that: (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act.
United States · United States Congress · 13 March 1997
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
Pharmacy Compounding Act - Amends the Federal Food, Drug, and Cosmetic Act to make specified provisions of that Act inapplicable to a drug or device that is compounded by a licensed pharmacist, licensed physician, or other licensed practitioner authorized by State law to prescribe drugs or devices. Declares null and void a proposed rule concerning exceptions to good manufacturing practices for makers of positron emission tomography drug products and a guideline on the manufacture of such products. Prohibits another proposed regulation or guideline on those matters.
United States · United States Congress · 13 March 1997
Amends title XVIII (Medicare) of the Social Security Act to eliminate the time limitation on benefits for immunosuppressive drugs under the Medicare program.
United States · United States Congress · 12 March 1997
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Provisions Subtitle A: Tax Incentives for Renewal Communities Subtitle B: Charitable Contribution Credit Title III: Low-Income Educational Opportunity Scholarship Program Title IV: Additional Provisions American Community Renewal Act of 1997 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1997 - Amends the Internal Revenue Code to create a new subchapter on renewal communities (RCs), authorizing designation of not more than 100 areas (with the first 50 being from areas which are enterprise zones or empowerment communities) as RCs if: (1) the areas have pervasive poverty, unemployment, and general distress and meet other requirements; and (2) State and local governments agree to take actions such as tax reduction, crime reduction strategies, and reducing, repealing, or not enforcing within the area certain governmental requirements such as licensing, zoning, and permits. Provides for: (1) coordination of RCs with empowerment zones and enterprise communities; and (2) interaction of the provisions of this Act with other Federal programs. Directs the Secretary of Housing and Urban Development to report to the Congress concerning such designations. Title II: Tax Provisions - Subtitle A: Tax Incentives for Renewal Communities - Excludes from gross income the capital gain from an RC stock, business property, or partnership interest held more than five years. Allows a deduction to any qualified individual or other person for amounts paid in cash to a family development account for the individual's benefit. Allows account use for postsecondary education, first home purchase, business capitalization, medical expenses, and qualified rollovers. Excludes such accounts from taxation. Requires that the individual resided in an RC and was allowed an earned income credit for the preceding taxable year. Authorizes designation of not more than 25 RCs as account matching demonstration areas. Provides, to the extent provided in appropriations Acts, for matching contributions to accounts. Sets the commercial revitalization credit (established below) at 20 to 50 percent of the revitalization expenditures regarding a revitalization building. Increases, for an RC business, the dollar limit on expensing certain depreciable business assets. Permits a taxpayer to treat any RC environmental remediation cost as an expense which is not chargeable to capital account. Allows any cost so treated as a deduction. (Sec. 202) Provides a special work opportunity credit rule for RCs. (Sec. 203) Provides for the commercial revitalization credit. Subtitle B: Charitable Contributions Credit - Allows an individual a credit for 75 percent of the contributions (of up to $100 annually for a taxpayer) to an organization described in Internal Revenue Code section 501(c)(3) (charitable, etc., organizations) for which the taxpayer has done more than ten hours of volunteer service and which: (1) is primarily assisting poor individuals; (2) spends all of its resources providing services to the poor; and (3) has limited political activity. Terminates such credit after December 31, 1999. Title III : Low-Income Educational Opportunity Scholarship Program - Low-Income Educational Opportunity Act of 1997 - Requires an RC to establish and operate a Low-Income Educational Opportunity Scholarship program to: (1) provide RC families a choice of schools; and (2) provide assistance for attending public and private elementary and secondary schools, including religious schools. (Sec. 309) Requires that children attending: (1) private schools receive assistance for tuition, fees, and transportation; and (2) alternative public schools receive assistance for transportation. (Sec. 310) Sets forth school eligibility requirements. (Sec. 311) Declares that a scholarship under this title is an award of aid to a family, not to a school. Prohibits: (1) a Federal, State, or local agency taking into account Federal funds provided to a renewal community, school, or parent in determining whether to provide any other funds; and (2) deeming scholarships as parental income for Federal income tax purposes or for determining eligibility for other Federal programs. States that nothing in this title shall be construed to supersede any State law prohibiting the expenditure of public funds by sectarian schools, except that no State law may prohibit the expenditure by sectarian schools of Federal funds under this title. (Sec. 316) Requires that any constitutional challenge to the program be tried in U.S. District Court for the District of Columbia. Permits an appeal to the U.S. Supreme Court. (Sec. 317) Authorizes appropriations. Title IV: Additional Provisions - Provides for the transfer of ownership of any qualified Department of Housing and Urban Development property to the unit of local government having jurisdiction, if such unit of local government agrees to dispose such qualified property as specified, including granting to a community development corporation the right of first refusal. (Sec. 402) Amends the Public Health Service Act (PHSA) to declare that the provisions of this section apply to each program under the PHSA that makes Federal awards to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization (RO) to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes ROs eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that an RO, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires an RO to arrange for services through an alternative entity if an individual objects to the RO. Allows an RO to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by ROs, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in RO drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the RO has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 403) Amends the Community Reinvestment Act of 1977 to allow the appropriate Federal financial supervisory agency, in assessing the record of a financial institution, to consider the institution's ventures with any community development organization in an RC.
United States · United States Congress · 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.
![Official portrait of Rep. Hayworth, J. D. [R-AZ-5]](https://www.congress.gov/img/member/h000413_200.jpg)