United States · United States Congress · 24 September 1997
Guadalupe-Hidalgo Treaty Land Claims Act of 1997 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties. Authorizes appropriations.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Issues Title II: Improved Bankruptcy Administration Responsible Borrower Protection Bankruptcy Act - Title I: Consumer Bankruptcy Issues - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy (under chapter 7 (Liquidation)) if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Modifies notice requirements to apprise a consumer debtor of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 104) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 105) Instructs the bankruptcy court to confirm the bankruptcy plan of an individual if it provides that the holder of a secured allowed claim retains the lien securing such claim until discharge of all debts. (Sec. 106) Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 107) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 108) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim determined under applicable non-bankruptcy law has been paid in full as of the date of conversion. (Sec. 109) Terminates the automatic stay 30 days after filing of a petition if a petition was pending and dismissed under chapter 7 the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 110) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 111) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 112) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 113) Establishes the Bankruptcy Exemption Study Commission to study and report to the Congress on issues and problems in the bankruptcy system, including whether exemptions should be uniform nationally, and the appropriate size of exemptions in individual cases. Authorizes appropriations. (Sec. 114) Mandates that a chapter 13 debtor file a bankruptcy plan within a specified deadline. (Sec. 115) Changes from discretionary to mandatory the court's authority to dismiss an individual debtor case if relief would be a substantial abuse of chapter 7. Requires the court to find that substantial abuse exists if: (1) the debtor is ineligible for chapter 7 relief under the needs-based test; or (2) the totality of the circumstances of the debtor's financial situation demonstrate substantial abuse. (Sec. 116) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 117) Mandates a maximum five-year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. (Sec. 118) Revises prescriptions governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought Chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 120) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile, or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a Chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. (Sec. 121) Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Title II: Improved Bankruptcy Administration - Modifies the organization of bankruptcy courts to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 202) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 203) Directs the Administrative Office to establish and maintain a nationwide debtors' docket accessible to searches by any users. (Sec. 204) Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 207) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Terminates such stay if the debtor fails to complete an intended surrender of consumer debt collateral. (Sec. 210) Expands debtor's duties to require filing with the bankruptcy court: (1) Federal tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from the commencement of the case until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 211) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 212) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 213) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 18 September 1997
Amends the Land and Water Conservation Fund Act of 1965 to allow the Secretary of the Interior in any fiscal year to withhold from the special Treasury account established for a Federal agency 100 percent of the fees and charges (such as recreational use fees) collected by such agency in connection with any National Park System (NPS) unit at which entrance or admission fees cannot be collected by reason of deed restrictions. Requires such amounts to be retained for expenditure by the Secretary, without further appropriation, for such NPS unit.
United States · United States Congress · 18 September 1997
Supports National Mammography Day and urges all American women to take an active role in the fight against breast cancer by all means available to them. Calls for recognition of the role played by community organizations and health care providers in promoting awareness of the importance of regular mammograms and in helping to expand the availability of low-cost mammograms.
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 8 September 1997
Directs the President, by January 1, 1998, to take the necessary steps to negotiate with Canada the annual quantity limitations of tailored wool apparel eligible for certain preferential tariff treatment under the North American Free Trade Agreement (NAFTA), but which is assembled in Canada from fabric or yarn produced or obtained in a non-NAFTA country. Requires such negotiations to reflect current conditions in the Canadian or American wool textile and apparel industry (including the ability of tailored wool apparel producers to obtain wool fabric supplies within Canadian and United States territories).
United States · United States Congress · 1 August 1997
Temporary Agricultural Worker Act of 1997 - Amends the Immigration and Nationality Act to establish a 24-month pilot program for the U.S. admission of temporary or seasonal agricultural workers based upon an employer labor condition attestation filed with the appropriate State agency. Sets forth program provisions. Establishes a trust fund in the Treasury to assure the return of such workers to their home countries.
United States · United States Congress · 31 July 1997
Declares that the House of Representatives recognizes suicide as a national problem and declares suicide prevention a national priority, acknowledges that no single prevention program will be appropriate for all populations or communities, and encourages certain initiatives, including the development (and the promotion of accessibility and affordability) of mental health services to enable all persons at risk for suicide to obtain services without fear of stigma.
United States · United States Congress · 31 July 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 30 July 1997
Authorizes use of the rotunda of the Capitol on October 21, 1997, for a ceremony to allow Members of Congress to greet and receive His All Holiness Patriarch Bartholomew, the 270th Ecumenical Patriarch of Constantinople.
United States · United States Congress · 28 July 1997
Expresses the sense of the Congress that it: (1) supports and encourages character building initiatives in schools across the Nation; and (2) urges colleges and universities to affirm that the development of character is one of the primary goals of higher education.
United States · United States Congress · 25 July 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan.
United States · United States Congress · 24 July 1997
Authorizes the President to present a gold medal to Ecumenical Patriarch Bartholomew in recognition of his outstanding and enduring contributions to religious understanding and peace. Authorizes the Secretary of the Treasury to strike duplicate medals in bronze. Authorizes appropriations from the Numismatic Public Enterprise Fund, where sales proceeds shall be deposited.
United States · United States Congress · 17 July 1997
National Marrow Donor Program Reauthorization Act of 1997 - Amends the Public Health Service Act to replace provisions relating to the National Bone Marrow Donor Registry with provisions mandating establishment, by contract, of a program to assist patients needing a blood stem cell transplant in searching for biologically unrelated donor individuals. Sets forth program functions, including: (1) maintaining one or more donor and one or more recipient registries; (2) educational activities (including donor recruitment and professional and public information); and (3) establishing the Office of Patient Advocacy and Case Management. Mandates: (1) standards regarding quality, tissue typing, donor informed consent, and patient advocacy; (2) donor selection criteria; (3) stem cell collection and transportation procedures; (4) confidentiality standards; and (5) procedures for integrating participating donor registries and centers. Mandates criminal penalties for confidentiality violations. Authorizes appropriations. Mandates a plan to effectuate efficiencies in the relationship between the program and donor centers.
United States · United States Congress · 25 June 1997
MSPA Clarification Act of 1997 - Amends the Migrant and Seasonal Agricultural Worker Protection Act to enlarge the scope of the family business exemption. (Sec. 3) Excludes from the definition of "farm labor contracting activity" a migrant or seasonal agricultural worker in a carpool arrangement. (Sec. 4) Prohibits an investigatory entry into a place of agricultural employment without prior and subsequent conferences with the person being investigated. (Sec. 5) States that an agricultural employer, association, or farm labor contractor that corrects a violation for which there is no prior adjudication of guilt shall not be subject to a civil money penalty or a private right of action. (Sec. 6) Exempts: (1) Federal or State approved farm worker housing from regulation under such Act; and (2) owners or operators of migrant agricultural housing from liability for housing conditions caused by or the responsibility of such workers. (Sec. 7) Sets forth joint employment criteria. (Sec. 8) Exempts an agricultural employer or association from confirming the registration of a farm labor contractor who supplies only worker transportation services unless the employer or association had actual knowledge that the transportation was not a worker carpooling arrangement. (Sec. 9) Excludes from the definitions of "migrant agricultural worker" and "seasonal agricultural worker" an individual employed on a year-round basis by a specific employer or association. (Sec. 10) Subjects motor vehicle safety insurance provisions to State, rather than specified Federal, requirements. (Sec. 11) Establishes a two-year statute of limitations for violations under such Act.
United States · United States Congress · 19 June 1997
Places a four-year moratorium on the promulgation of new or revised national ambient air quality standards for ozone or fine particulate matter under the Clean Air Act by the Administrator of the Environmental Protection Agency. Requires the Administrator, within five years of this Act's enactment date, to: (1) complete a review of the air quality criteria and standards for ozone and particulate matter; and (2) determine whether to retain or revise such standards or promulgate new standards. Directs the Administrator, in reviewing such criteria for particulate matter, to: (1) evaluate any adverse health effects of exposure to airborne particulate matter; (2) determine the amount and size of particles inhaled and retained in the lungs; and (3) investigate the biological mechanisms by which particulate matter may induce adverse health effects. Authorizes the Administrator to require State implementation plans to require air quality monitoring for fine particulate matter and to make grants to States for such purposes. Authorizes appropriations.
United States · United States Congress · 18 June 1997
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1999, the duty on high tenacity single yarn of viscose rayon.
United States · United States Congress · 17 June 1997
Civil Rights Act of 1997 - Prohibits discrimination or preferences in Federal employment and contracting and other Federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any Federal contractor or subcontractor to so discriminate or grant a preference. Declares that this Act does not prohibit or limit encouraging contract bidding, recruiting employees, encouraging participation in other programs or activities or requiring or encouraging Federal contractors, subcontractors, or recipients of Federal licenses or financial assistance to so recruit or encourage, if the recruiting or encouraging does not involve granting a preference. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a Federal law or treaty relating to the Indian tribes. Declares that this Act does not: (1) prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member. Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay). Requires awarding a prevailing plaintiff attorney's fees as part of the costs.
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 16 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 15 May 1997
Declares that the Congress: (1) maintains that the standard for the "Made in USA" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.
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 · 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 · 6 May 1997
Community Broadcasting Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the availability of such license. Defines as a qualifying LPT station one which in the 90 days preceding enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast for at least three hours weekly programming that was produced within the community of license of such station; and (3) complied with other requirements applicable to LPT stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) no licensee of a class A television station shall be required to cease operations, or have a license rescinded or terminated, due to the implementation of amendments to the table of allotments adopted before the enactment of this Act. Allows the FCC to order such a cessation, rescission, or termination only after compliance with specified requirements.
United States · United States Congress · 1 May 1997
Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations.
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
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 · 23 April 1997
Expresses the sense of the Congress that certain provisions of the Merchant Marine Act, 1920 relating to transportation of merchandise between U.S. points in other than domestically built or rebuilt and documented vessels and to incineration of hazardous waste at sea (those provisions popularly known as the Jones Act) and related statutes are critically important components of our Nation's economic and military security and should be fully and strongly supported.
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 · 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 · 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
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 · 20 March 1997
Expresses the sense of the Congress that it recognizes: (1) the concern of the railroad industry that the current spousal annuity system is inadequate; and (2) that a process of dialogue must take place among all parties of the railroad community including rail labor, management, and retiree organizations before railroad annuity legislation can be enacted. Urges all parties to find a way to fund an amendment that would improve the survivor benefits component to the Railroad Retirement Act of 1974.
United States · United States Congress · 19 March 1997
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 19 March 1997
Merchant Mariners Fairness Act of 1997 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army or Naval Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application of a member possessing such qualified service.
United States · United States Congress · 18 March 1997
Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Requires the Secretary, acting through the CDC, to consult with State and local governmental agencies, managed care organizations, nonprofit organizations, physicians, and other health professionals and organizations. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to the data and information that is collected under this Act. Authorizes appropriations.
United States · United States Congress · 13 March 1997
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 · 11 March 1997
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1997 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 103) Specifies that any individual who has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual meets one of the following conditions: (1) has a blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that the following conditions be met with respect to such individual: (1) the individual submit to the Secretary of Health and Human Services written medical documentation that the individual has an HIV infection; (2) a petition for payment be filed with the Secretary by or on behalf of such individual; and (3) that the Secretary determine that the claim meets the requirements of this Act. (Sec. 105) Specifies that any right under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. (Sec. 106) Prohibits the Secretary from making any payment with respect to any petition filed under this Act unless the petition is filed within three years after the enactment of this Act. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment from being considered income or resources in determining a class member's eligibility for, or the amount of: (1) medical assistance under the Medicaid program; or (2) benefits under the Supplemental Security Income program. Defines the terms: (1) "class member"; and (2) "settlement payment."
United States · United States Congress · 11 March 1997
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 6 March 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 5 March 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 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
Amends the Energy Policy and Conservation Act of 1992 to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals.
United States · United States Congress · 13 February 1997
Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for operations, maintenance, and construction within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition.
![Official portrait of Rep. Jenkins, William L. [R-TN-1]](https://www.congress.gov/img/member/j000082_200.jpg)