United States · United States Congress · 22 May 1997
Medical Device Regulatory Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission and to mandate annual FDA and Comptroller General reports to specified congressional committees. (Sec. 3) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary, to establish a procedure under which the regulated person may request a review of the disputed subject matter. (Sec. 4) Revises or imposes requirements regarding: (1) investigational device exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing recognition of self-certifiable consensus standards); (5) effectiveness determinations (as used in classifying devices); (6) reliance on postmarket controls to expedite classification; (7) substantial equivalence; (8) labeling (as affecting premarket approval); (9) supplemental applications; (10) promotional material representations; (11) premarket notification; (12) initial classification; (13) classification panels; and (14) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates accreditation of persons to review and initially classify devices. (Sec. 13) Mandates publication of a list of types of class III devices that are not subject to regulation under specified provisions and for which the Secretary has determined that premarket approval is unnecessary, requiring each to be regulated as class III subject to general and appropriate special controls. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 17) Removes distributors from recordkeeping and reporting requirements. Removes reporting requirements regarding certain certification and removals and corrections. Mandates new user reporting regulations limiting user reporting to a user subset to create a representative profile of user reports. (Sec. 18) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 19) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 20) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental assessment or impact statement. (Sec. 22) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 22 May 1997
Small Business Remediation Act of 1997- Requires the maximum level of remediation of dry cleaning solvents in soil, surface water, groundwater, and other environmental media that a Federal, State, local agency, or court may require of a person engaged in dry cleaning, or of the owner of land or a facility in which such a person is conducting dry cleaning, to be one-tenth the equivalent exposure of the workplace standard for such solvents established by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Requires: (1) the National Institute of Environmental Health Sciences to publish in the Federal Register its computation, based on realistic scientific assumptions, of equivalent exposure by ingestion, inhalation, and absorption indices for the general public, for environmental media in nonoccupational circumstances; and (2) the equivalent exposure to be calculated from the workplace standard for dry cleaning solvents which assures that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure for the employee's entire working lifetime. Specifies that nothing in this Act shall: (1) preempt or otherwise prevent a Federal, State, or local government or private party from remediating environmental media to a lower level than the maximum level of remediation at its own cost and expense; or (2) alter or affect the Federal drinking water standards under the Public Health Service Act.
United States · United States Congress · 22 May 1997
China Market Access and Export Opportunities Act of 1997 - Directs the President to increase the rate of duty with respect to one or more products of China if it is determined that China is not: (1) according adequate trade benefits to the United States; or (2) taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Grants, upon China's accession to the WTO, nondiscriminatory treatment (most-favored-nation) treatment to Chinese products.
United States · United States Congress · 21 May 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 21 May 1997
Lewis and Clark Rural Water System Act of 1997 -Directs the Secretary of the Interior to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of a water supply system to provide service to specified counties in South Dakota, Minnesota, and Iowa. Requires the Secretary to make grants and other funds available to the System and other private, State, and Federal entities for the initial development of the environmental enhancement component. Requires the System to establish a water conservation program that ensures that System users use the best practicable technology and management techniques to conserve water use. Requires periodic review and revision of such program. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. Requires the Western Area Power Administration to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program. Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost. Requires the Secretary to provide funds for the city of Sioux Falls, South Dakota, equal to 50 percent of the incremental cost of its participation in the project. Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component. Authorizes appropriations.
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 · 14 May 1997
Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
United States · United States Congress · 14 May 1997
Independent Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than July 1998 or 240 days after the appointment of its members (whichever occurs earlier), to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
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
Stand By Your Ad Act - Amends the Federal Election Campaign Act of 1971 to consider any printed, televised, or radio communication expressly advocating the election or defeat of a candidate for Federal office as clearly stating the information required under the Act if it meets specified requirements regarding: (1) the sponsor of the communication; and (2) whether or not the communication is authorized by the candidate involved.
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 · 24 April 1997
Insular Fair Wage and Human Rights Act of 1997 - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; and (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938. Applies to the Northern Mariana Islands: (1) the Immigration and Nationality Act; and (2) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act. Requires a minimum wage through December 31, 1997, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938. Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, which shall be included in the Secretary of the Interior's annual Federal-CNMI Initiative on Labor Immigration, and Law Enforcement report to the Congress. Authorizes appropriations.
United States · United States Congress · 24 April 1997
Depository Institutions Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act with respect to transactions and depository institutions located within national disaster areas produced by the 1997 flooding of the Red River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects. Authorizes the appropriate Federal banking agency to permit an insured depository institution in such a disaster area, which also meets certain other requirements, to subtract the amount of disaster insurance proceeds or governmental assistance from its total assets when calculating compliance with mandatory leverage limits of the Federal Deposit Insurance Act. Authorizes the Board and other Federal banking agencies to disregard specified rulemaking procedural and publication requirements of Federal law with respect to such depository institutions. Expresses the sense of the Congress that specified Federal regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River and its tributaries.
United States · United States Congress · 23 April 1997
Cancels the Space Station project. Requires the Administrator of the National Aeronautics and Space Administration to submit to the Congress: (1) within one month after enactment of this Act, a report itemizing the funding required for carrying out the cancellation of the Space Station project; and (2) within one year after enactment, a report detailing all Federal expenditures relating to the Space Station from October 1982 through the final cancellation of the program. Authorizes appropriations.
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
TABLE OF CONTENTS: Title I: Spending Limits in House Elections Title II: Expanding Scope of Contributions and Expenditures Subject to Federal Law Title III: Other Reforms Title IV: General Provisions Federal Election Reform Act of 1997 - Title I: Spending Limits in House Elections - Amends the Federal Election Campaign Act of 1971 (Act) to establish a $700,00 election cycle expenditure limit for each House of Representatives candidate (with specified increases for runoff elections and closely contested primaries). Exempts specified legal service, income tax, and recount expenses from such limit. Includes a candidate's authorized committee expenditures within such limit. Sets forth excess expenditure penalty provisions. (Sec. 102) Establishes: (1) a $30,000 expenditure limit for national or State political party committees; and (2) a $25,000 independent expenditure limit. Title II: Expanding Scope of Contributions and Expenditures Subject to Federal Law - Amends the Act to ban soft money solicitation, receipt, transfer, or expenditure. (Sec. 202) Subjects to regulation under such Act: (1) certain advocacy communications; and (2) recount-related contributions or expenditures. Title III: Other Reforms - Amends the Act to remove the $200 disclosure threshold for specified expenditures and contributions. Requires disclosure of certain independent communication expenditures. (Sec. 302) Prohibits: (1) leadership committees; and (2) fund raising on behalf of certain nonprofit organizations. Title IV: General Provisions - Sets forth effective date and severability provisions.
United States · United States Congress · 16 April 1997
Check-Off for Our Children Act - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns that a portion of any overpayment or any cash contribution shall be used to reduce the public debt. Directs the Secretary of the Treasury to transfer such amounts to the special account in the Treasury for the receipt of gifts. Requires annual reports to the Congress regarding such amounts.
United States · United States Congress · 14 April 1997
National Commission to Eliminate Waste in Government Act - Establishes the National Commission to Eliminate Waste in Government (Commission) to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) conduct in-depth reviews of the operations of the executive agencies; (3) review existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and, based on this review, to periodically submit a report to the President and the Congress a list of such recommendations with estimated savings the Commission determines are most significant and to include in the report a determination of whether the recommendation can be implemented by Executive order or whether it requires legislative action; and (4) submit to the President and the Congress recommendations for improving the budget process and management and for reducing waste and costs in the Federal Government. Sets forth the particular areas to be examined by the Commission. Mandates a final report by the Commission to the President and the Congress. Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Federal Government. States that, to accomplish this objective, it is expected that the Secretary of Commerce will engage in a joint project with a nonprofit organization pursuant to Public Law 91-412 for the purpose of providing support for the Commission.
United States · United States Congress · 10 April 1997
National Energy Laboratories Reorganization Commission Act of 1997 - Establishes the National Energy Laboratories Reorganization Commission to reorganize the Department of Energy National Energy Laboratories and their programs through reconfiguration, corporatization, privatization, and consolidation, while preserving the traditional role the energy laboratories have contributed to the national defense. Requires the Commission to report its own recommendations to specified congressional committees, giving strong consideration to the recommendations of the Task Force on Alternative Futures for the Department of Energy National Laboratories (Galvin Commission). Directs the Secretary to Energy to reconfigure all energy laboratories and complete their corporatization and privatization according to Commission recommendations. Establishes the National Energy Laboratories Reorganization Account to fund such reconfiguration. Instructs the Secretary to transmit to such congressional committees: (1) a reconfiguration schedule as part of the budget request for each pertinent fiscal year; and (2) a description of the energy laboratories to which functions are to be transferred as a result of such reconfigurations. Prescribes procedural guidelines for congressional consideration of the Commission's report.
United States · United States Congress · 9 April 1997
Farm Independence Act of 1997 - Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to exclude net earnings from a lease agreement (currently, an arrangement) from income with respect to farmland.
United States · United States Congress · 20 March 1997
Public Safety Employer-Employee Cooperation Act of 1997 - Provides collective bargaining rights for public safety officers employed by States or local governments. Requires States to grant public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees. Specifies related requirements for public safety employers. Requires the Director the Federal Mediation and Conciliation Service (FMCS) to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that fail to comply with the requirements of this Act. Gives the FMCS the same authority as a State Labor Relations Board (or of the National Labor Relations Board where no such State Board exists) for public safety employers and employees covered by this Act. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such regulations through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. Authorizes appropriations.
United States · United States Congress · 20 March 1997
Prohibits the Secretary of Agriculture from rejecting an enrollment of land into the conservation reserve program based upon the land being out of production if such land had previously been enrolled in the Reinvest in Minnesota land conservation program.
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
Children Health Insurance Access Amendments of 1997 - Amends the Public Health Service Act to provide for the guaranteed availability of individual health insurance coverage to uninsured children.
United States · United States Congress · 20 March 1997
Rural Environment Tax Credit Act - Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property (as defined by this Act); and (2) the amount allowed as a deduction for soil and water conservation expenditures.
United States · United States Congress · 20 March 1997
Credit Union Membership Access Act - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group.
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
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 · 12 March 1997
House of Representatives Election Campaign Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 with respect to House of Representatives campaign financing. Amends the Internal Revenue Code to: (1) provide a full tax credit for small individual contributions to a House candidate; and (2) establish in the Treasury the House of Representatives Campaign Trust Fund. Amends the Communications Act of 1934 to require broadcast stations to offer their lowest rates for certain campaign commercials to House candidates who agree to limit personal spending. Authorizes appropriations.
United States · United States Congress · 11 March 1997
Amends the Federal Election Campaign Act of 1971 to prohibit any person from expending any funds for the purpose of influencing any campaign for election for Federal office unless the funds are subject to the limitations, prohibitions, and reporting requirements applicable to contributions and expenditures of such Act.
United States · United States Congress · 6 March 1997
Amends the Railway Labor Act to apply its provisions regarding railway labor practices to U.S. air carrier flight operations (excluding ground operations performed by non-flight crew members) conducted in whole or in part outside of the United States and their flight crew members who perform their duties in whole or in part outside of the United States.
United States · United States Congress · 6 March 1997
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to permit waiver of the prohibition against offering nurse aide training and competency evaluation programs in certain facilities if no other such program is offered within a reasonable distance of such a facility.
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
Payoffs-for-Layoffs Corporate Welfare Elimination Act of 1997 - Prohibits any funds appropriated or otherwise made available to the Department of Defense (DOD) from being obligated or expended for payment of any restructuring cost associated with a merger or acquisition incurred by a DOD contractor. Provides for the handling of contractor claims for such costs with respect to a merger or acquisition occurring before the enactment of this Act. Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a provision made inconsistent by this Act; (2) extend through FY 2000 a requirement of a report from the Secretary of Defense to the Congress concerning DOD savings achieved under a corporate restructuring; (3) require in such report certain additional information concerning DOD's past experience with contractors for which DOD agreed to allow such costs; and (4) require a current report from the Comptroller General to the Congress to include an estimate and description of the net effect on the Federal budget of reimbursing defense contractors for such costs.
United States · United States Congress · 27 February 1997
Morris K. Udall Wilderness Act of 1997 - Designates specified lands in Alaska as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 27 February 1997
Self-Employed Health Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals to 100 percent.
United States · United States Congress · 27 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 27 February 1997
Primary Care Health Practitioner Incentive Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to payments for medical and other health services, to cover services which would be physicians' services if furnished by a physician but: (1) which are performed by a clinical nurse specialist; and (2) which the clinical nurse specialist is legally authorized to perform by the State. Eliminates the requirement, with respect to such services performed by a nurse practitioner, that they be performed in a skilled nursing facility or other specified nursing facility. Covers, in addition, other services and supplies incidental to such services. Revises the formula for payment from the Federal Supplementary Medical Insurance Trust Fund for such services (thereby increasing such payment). Repeals the rural area restriction on services performed by nurse practitioners or clinical nurse specialists for which direct payment may be made. Requires a ten percent bonus payment from the Fund for services of a nurse practitioner or clinical nurse specialist furnished in a health professional shortage area.
United States · United States Congress · 27 February 1997
TABLE OF CONTENTS: Title I: Balancing the Budget Title II: Technical and Conforming Amendments Balanced Budget Enforcement Act of 1997 - Title I: Balancing the Budget - Part A: Purpose - Repeals parts C (Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount), D (Budgetary Treatment of Social Security Trust Funds), and E (Miscellaneous and Related Provisions) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Part B: The Deficit Elimination Act of 1997 - Deficit Elimination Act of 1997 - Sets for FY 1998 through 2002: (1) deficit reduction targets for direct spending and receipts legislation; and (2) discretionary funding limits, measured in terms of new budget authority. Permits adjustments, whenever appropriate, to discretionary funding limits to reflect: (1) changes in concepts; (2) changes in inflation; (3) expiring housing contracts; (4) emergencies; (5) new limits for FY 2002 and thereafter; and (6) transportation trust funds. (Sec. 103) Provides for: (1) balancing the budget in FY 2002; (2) preventing deficits after FY 2002; (3) enactment of a spin-off law, if required, to achieve such goals; and (4) targeted sequestration if a spin-off law is in effect for a fiscal year on the date of the final sequestration report for that fiscal year. (Sec. 106) Establishes a scorecard upon which shall be entered: (1) for FY 1998 through 2002 the estimated increase or decrease in the deficit; (2) for FY 2003 and thereafter the estimated increase or decrease in the deficit or surplus; and (3) for fiscal years after FY 1998 the amount of discretionary appropriations. (Sec. 109) Declares that, for a budget year in which a spin-off law is not in effect, the amount to be sequestered: (1) shall be the amount (if any) by which the sum of all budget-year entries on the direct spending and receipts scorecard is greater than zero; and (2) shall be increased whenever the average out-year change in direct spending and receipts, combined, achieved during that budget-year session would result in higher deficits than if that average change had equaled the amount targeted for the budget year, with that budget-year target being the amount that the sequestration preview report for the budget year shows was needed to bring the budget-year entries on the direct spending and receipts scorecard to zero. Provides that, within 15 days after the Congress adjourns to end a session, and on the same day as an across-the-board reduction of discretionary programs, such a sequestration shall take place to reduce the amount of receipts in the current policy baseline, unless the sum computed for the sequestration is less than $500 million. Mandates that sequestration be achieved by reducing each non-exempt direct spending account by the uniform percentage necessary to achieve 80 percent of the sequestration sum, and increasing receipts to achieve the other 20 percent through surtaxes as enacted under this Act. (Sec. 110) Provides for an across-the-board reduction of discretionary programs, if there is a sequestration. (Sec. 111) Lists programs and activities which shall be exempt from sequestration, including optional exemptions of military personnel. (Sec. 112) Sets forth general sequestration rules, including permanent sequestration of direct spending and receipts, as well as special rules for: (1) block grants to States for temporary assistance for needy families (TANF) under the Social Security Act; (2) the Child Support Enforcement Program; (3) the Commodity Credit Corporation; (4) the Conservation Reserve Program; (5) extended unemployment compensation; (6) the Federal Employees Health Benefits Fund; (7) the Federal Housing Finance Board; (8) Federal pay; (9) guaranteed student loans; (10) Federal insurance programs; (11) Medicaid; (12) Medicare; (13) the Postal Service Fund; (14) power marketing administration funds and the Tennessee Valley Authority (TVA) fund; and (15) veterans' housing loans. (Sec. 113) Amends the Internal Revenue Code to provide for the imposition of tax sequestration surtaxes on individuals and corporations. (Sec. 114) Requires both the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to prepare both sequestration preview and final reports. Directs the Board of Estimates (established under this Act), at specified appropriate times, to choose one report from each pair as the official preview or final report. Directs the President, on the day that the Board chooses the final sequestration report, to issue an order fully implementing without change all required sequestrations and tax actions. (Sec. 115) Provides for determination of the current policy baseline and the baseline assuming deficit reduction. (Sec. 117) Establishes in the Treasury a Stabilization Reserve Fund in order to accumulate balances during years of comparative prosperity, which balances may later be used to cover the loss of receipts and the increase in outlays that occur during times of comparative economic distress. (Sec. 118) Provides for the suspension of sequestration procedures: (1) upon the declaration of war; and (2) during periods of low economic growth. Sets forth procedures for the consideration of a low growth joint resolution by the Congress. (Sec. 119) Establishes a Board of Estimates to report to the President and the Congress concerning the selection of the OMB and CBO sequestration preview and final reports. (Sec. 120) Provides for: (1) expedited judicial review of the constitutionality of provisions of this Act in the United States District Court for the District of Columbia in an action by any Member of Congress or other adversely affected individual seeking declaratory judgment and injunctive relief; and (2) direct appeal to the Supreme Court of any court order issued pursuant to such an action. Title II: Technical and Conforming Amendments - Sets forth technical and conforming amendments to: (1) the Congressional Budget and Impoundment Act of 1974; (2) the Federal Credit Reform Act of 1990; (3) the Rules of the House of Representatives and the Standing Rules of the Senate; and (4) other Federal law provisions concerning, among other things, the President's budget and the public debt limit.
United States · United States Congress · 25 February 1997
Access to Emergency Medical Services Act of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to require any group health plan which provides emergency health services to cover emergency services furnished to a plan participant: (1) without need for any prior authorization; (2) subject to stated exceptions, whether or not the physician or provider is plan participant; and (3) subject to stated exceptions, without regard to any other term or condition of the plan. Defines "emergency medical services" and related terms. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for the provision of the same benefits to Medicare and Medicaid plan participants. Provides for the establishment of guidelines by the appropriate Secretaries in order carry out the provisions of this Act. Directs the Secretaries to jointly establish an advisory panel to assist in the development of such guidelines.
United States · United States Congress · 13 February 1997
Fairness in Musical Licensing Act of 1997 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless: (1) an admission fee is charged to see or hear the transmission at a particular time or on a particular date or dates; or (2) the transmission is not properly licensed. Applies the infringement exemption for the performance of a nondramatic musical work at an annual agricultural or horticultural fair or exhibition to such performance at agricultural or horticultural fairs, exhibitions, conventions, meetings, and events. Excludes as a copyright infringement the performance of a nondramatic musical work: (1) by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance; and (2) at an organized children's camp if the children in attendance sing, dance, or participate in all or a portion of such work, or when the performance is of an instructional nature. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming period license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. Sets forth provisions regarding prices of such licenses. Authorizes radio broadcasters entitled to a per programming period license to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
United States · United States Congress · 13 February 1997
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of other weather-related conditions.
United States · United States Congress · 13 February 1997
Repeals a Federal provision limiting salary increases for Federal judges or Supreme Court Justices to those specifically authorized by Act of Congress. Amends the Federal judicial code to make the cost of living adjustments in judicial salaries effective in the first pay period beginning on or after January 1 each year (currently, such adjustments are triggered by General Schedule adjustments).
United States · United States Congress · 13 February 1997
Intelligence Budget Accountability Act of 1997 - Directs the President to include in the annual budget submitted to the Congress a separate, unclassified statement of the appropriations and proposed appropriations for the current fiscal year, and the amount of appropriations requested for the fiscal year for which the budget is submitted, for national and tactical intelligence activities.
United States · United States Congress · 13 February 1997
Restricts the use of any travel award that accrues by reason of official travel of a Member, officer, or employee of the House of Representatives to official travel only.
United States · United States Congress · 12 February 1997
Security and Freedom Through Encryption (SAFE) Act - Amends the Federal criminal code to permit any person within any State, and any U.S. person in a foreign country, to use any encryption regardless of the encryption algorithm selected, encryption key length chosen, or implementation technique or medium used, with an exception for the unlawful use of encryption in furtherance of a criminal act. Allows any person within any State to sell in interstate commerce any encryption. Specifies that no person in lawful possession of a key to encrypted information may be required by Federal or State law to relinquish to another person control of that key, with an exception for access for law enforcement purposes. Sets penalties for the willful use of encryption in furtherance of the commission of a criminal offense. (Sec. 3) Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all hardware, software, and technology for information security (including encryption), except that which is specifically designed or modified for military use. Prohibits requiring any validated license (with limited exceptions pursuant to the Trading With The Enemy Act or the International Emergency Economic Powers Act) for the export or reexport of any: (1) software, including software with encryption capabilities that is generally available as is and that is designed for installation by the purchaser, or that is in the public domain for which copyright or other protection is not available or is available to the public because it is generally accessible to the public in any form; or (2) computing device solely because it incorporates or employs in any form software (including software with encryption capabilities) exempted from any requirement for a validated license under this section. Directs the Secretary to authorize the export or reexport of: (1) software with encryption capabilities for nonmilitary end-uses in any country to which exports of software of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software will be diverted to a military end-use or an end-use supporting international terrorism, modified for military or authorization that may be required under the Act; and (2) computer hardware with encryption capabilities if the Secretary determines that a product offering comparable security is commercially available outside the United States from a foreign supplier without effective restrictions.
United States · United States Congress · 12 February 1997
Fair Trade in Meat and Pork Products Act of 1997 - Directs the United States Trade Representative (USTR), for purposes of identifying foreign countries not in compliance with the terms of any trade agreement with the United States, to determine whether the European Union has failed to implement its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement. Requires the USTR, in the event of such a failure, to: (1) promptly request proceedings under the formal dispute settlement procedures applicable under the agreement; and (2) request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that import meat and other agricultural products into the United States.
United States · United States Congress · 12 February 1997
Stop Tax-Exempt Arena Debt Issuance Act - Amends the Internal Revenue Code to treat certain bonds used directly or indirectly for financing professional sports facilities as private activity bonds and not as qualified bonds, except for certain approved projects, facilities with final bond resolutions, and current refundings.
![Official portrait of Rep. Minge, David [D-MN-2]](https://www.congress.gov/img/member/m000795_200.jpg)