United States · United States Congress · 20 March 1997
Prohibits the Secretary of the Interior from taking land in trust for the benefit of an Indian or Indian tribe until the affected State and local jurisdictions have entered into a written agreement with the person or tribe regarding State and local sales and excise taxes. Exempts from such provision land taken into trust pursuant to: (1) an Act extending Federal recognition to a tribe; or (2) a judgment or order of a U.S. court.
United States · United States Congress · 20 March 1997
Captive Exotic Animal Protection Act of 1997- Amends the Federal criminal code to prohibit and set penalties for knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 20 March 1997
Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.
United States · United States Congress · 18 March 1997
State Occupancy Standards Affirmation Act of 1997 - Prohibits the Secretary of Housing and Urban Development from establishing a national occupancy standard (as defined by this Act, with an exception for health and safety protection purposes). Provides that: (1) a State standard shall be considered reasonable for purposes of determining familial status discrimination; and (2) the Secretary, in the absence of a State standard, shall take no action respecting a two-person per bedroom standard established by a housing provider.
United States · United States Congress · 13 March 1997
HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt. Expresses the sense of the Congress that with respect to health professionals with HIV disease: (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. Expresses the sense of the Congress that: (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act.
United States · United States Congress · 12 March 1997
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Provisions Subtitle A: Tax Incentives for Renewal Communities Subtitle B: Charitable Contribution Credit Title III: Low-Income Educational Opportunity Scholarship Program Title IV: Additional Provisions American Community Renewal Act of 1997 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1997 - Amends the Internal Revenue Code to create a new subchapter on renewal communities (RCs), authorizing designation of not more than 100 areas (with the first 50 being from areas which are enterprise zones or empowerment communities) as RCs if: (1) the areas have pervasive poverty, unemployment, and general distress and meet other requirements; and (2) State and local governments agree to take actions such as tax reduction, crime reduction strategies, and reducing, repealing, or not enforcing within the area certain governmental requirements such as licensing, zoning, and permits. Provides for: (1) coordination of RCs with empowerment zones and enterprise communities; and (2) interaction of the provisions of this Act with other Federal programs. Directs the Secretary of Housing and Urban Development to report to the Congress concerning such designations. Title II: Tax Provisions - Subtitle A: Tax Incentives for Renewal Communities - Excludes from gross income the capital gain from an RC stock, business property, or partnership interest held more than five years. Allows a deduction to any qualified individual or other person for amounts paid in cash to a family development account for the individual's benefit. Allows account use for postsecondary education, first home purchase, business capitalization, medical expenses, and qualified rollovers. Excludes such accounts from taxation. Requires that the individual resided in an RC and was allowed an earned income credit for the preceding taxable year. Authorizes designation of not more than 25 RCs as account matching demonstration areas. Provides, to the extent provided in appropriations Acts, for matching contributions to accounts. Sets the commercial revitalization credit (established below) at 20 to 50 percent of the revitalization expenditures regarding a revitalization building. Increases, for an RC business, the dollar limit on expensing certain depreciable business assets. Permits a taxpayer to treat any RC environmental remediation cost as an expense which is not chargeable to capital account. Allows any cost so treated as a deduction. (Sec. 202) Provides a special work opportunity credit rule for RCs. (Sec. 203) Provides for the commercial revitalization credit. Subtitle B: Charitable Contributions Credit - Allows an individual a credit for 75 percent of the contributions (of up to $100 annually for a taxpayer) to an organization described in Internal Revenue Code section 501(c)(3) (charitable, etc., organizations) for which the taxpayer has done more than ten hours of volunteer service and which: (1) is primarily assisting poor individuals; (2) spends all of its resources providing services to the poor; and (3) has limited political activity. Terminates such credit after December 31, 1999. Title III : Low-Income Educational Opportunity Scholarship Program - Low-Income Educational Opportunity Act of 1997 - Requires an RC to establish and operate a Low-Income Educational Opportunity Scholarship program to: (1) provide RC families a choice of schools; and (2) provide assistance for attending public and private elementary and secondary schools, including religious schools. (Sec. 309) Requires that children attending: (1) private schools receive assistance for tuition, fees, and transportation; and (2) alternative public schools receive assistance for transportation. (Sec. 310) Sets forth school eligibility requirements. (Sec. 311) Declares that a scholarship under this title is an award of aid to a family, not to a school. Prohibits: (1) a Federal, State, or local agency taking into account Federal funds provided to a renewal community, school, or parent in determining whether to provide any other funds; and (2) deeming scholarships as parental income for Federal income tax purposes or for determining eligibility for other Federal programs. States that nothing in this title shall be construed to supersede any State law prohibiting the expenditure of public funds by sectarian schools, except that no State law may prohibit the expenditure by sectarian schools of Federal funds under this title. (Sec. 316) Requires that any constitutional challenge to the program be tried in U.S. District Court for the District of Columbia. Permits an appeal to the U.S. Supreme Court. (Sec. 317) Authorizes appropriations. Title IV: Additional Provisions - Provides for the transfer of ownership of any qualified Department of Housing and Urban Development property to the unit of local government having jurisdiction, if such unit of local government agrees to dispose such qualified property as specified, including granting to a community development corporation the right of first refusal. (Sec. 402) Amends the Public Health Service Act (PHSA) to declare that the provisions of this section apply to each program under the PHSA that makes Federal awards to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization (RO) to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes ROs eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that an RO, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires an RO to arrange for services through an alternative entity if an individual objects to the RO. Allows an RO to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by ROs, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in RO drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the RO has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. (Sec. 403) Amends the Community Reinvestment Act of 1977 to allow the appropriate Federal financial supervisory agency, in assessing the record of a financial institution, to consider the institution's ventures with any community development organization in an RC.
United States · United States Congress · 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
Mandates Information Act of 1997 - Amends the Congressional Budget Act of 1974 (the Act) to require a congressional committee report on any bill or joint resolution that includes any Federal mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office (CBO Director) that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates. Expresses the sense of the Congress that any unfunded mandates that are determined by the CBO Director to exceed the applicable threshold under the Act should be financed through reduced taxes, tax abatements, or direct compensation by the Federal Government.
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
Mandates approval of the marketing of devices to aid in the self-examination of breasts without the Federal Food, Drug, and Cosmetic Act requirement that such devices be prescription-only or otherwise restricted in their availability to women.
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 · 5 March 1997
United Nations Erroneous Debt Act of 1997 - Prohibits the payment of U.S. contributions to the United Nations until the President certifies to the Congress that the United Nations has: (1) agreed to reimburse or credit to the United States a specified sum which reflects unreimbursed U.S. assistance to U.N. military peacekeeping efforts from 1992 through 1995; or (2) eliminated alleged U.S. arrearages to the United Nations and agreed to reimburse or credit a specified sum to the United States.
United States · United States Congress · 5 March 1997
Family Freedom Home Office Deduction Act of 1997 - Amends the Internal Revenue Code to allow the deduction for home office expenses if a portion of a dwelling unit is used as the sole fixed location of business for a taxpayer who has no other fixed location of business, regardless of: (1) the amount of time or type of work performed in such location; or (2) the proportion of the total income from the business attributable to such location.
United States · United States Congress · 3 March 1997
Revises specified provisions regarding minimum allocations of Federal aid highway funds and provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to direct the Secretary of Transportation, in FY 1998 and thereafter, to ensure that each State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year from funds made available out of the Highway Trust Fund is not less than the percentage of estimated tax payments to the Fund by highway users in the State in the latest fiscal year for which data are available. Repeals ISTEA provisions specifying the percentage of total apportioned and allocated funds to be allocated to each State for the surface transportation program.
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
Continues existing average fuel economy standards for passenger and non-passenger automobiles until such standards are specifically amended or changed by law.
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
Amends the Higher Education Act of 1965 to provide that any period during which a student was called or ordered to active duty in a reserve component of the armed forces shall not be included in determining the six-month grace period (after the student ceases to carry at least a half-time academic load) before repayment of a student loan must begin.
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
Truth in Employment Act of 1997 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.
United States · United States Congress · 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
Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. (Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. (Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.
United States · United States Congress · 12 February 1997
Military Voting Rights Act of 1997 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to require that a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, for purposes of voting for an office of the United States or of a State, be deemed to have: (1) lost a residence or domicile in that State; (2) acquired a residence or domicile in any other State; or (3) become resident in or a resident of any other State. Amends the Uniformed and Overseas Absentee Voting Act to require States, with respect to elections for State and local offices, to permit absentee voting by uniformed services members.
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 · 11 February 1997
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Title I: Commemorative Coins - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth. Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities. Title II: Circulating Coins - Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act.
United States · United States Congress · 11 February 1997
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for the: (1) National Highway System (NHS); (2) Surface Transportation Program (STP); and (3) Federal Lands Highway Program, including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 4) Defines "highway funds" as funds apportioned and allocations authorized under this Act for the fiscal year and funds allocated to a State for the preceding fiscal year for Federal-aid highways and highway safety construction. Revises the apportionment of NHS funds to allocate 0.4 percent (previously, one percent) to U.S. territories and possessions, and the remaining 99.6 among the States according to a formula based on population density. Includes bridge construction and related activities among eligible NHS projects. (Sec. 5) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 6) Includes bridge construction and related activities as an eligible activity within the streamlined STP. Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, or for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation limitation relating to the type of ambient air quality standard addressed by such project. Revises: (1) State certification procedures; and (2) procedures for payments to States for eligible STP activities. (Sec. 7) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent estimate prepared by the Secretary of Commerce. (Sec. 8) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 10) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program under which the Secretary shall apportion among the States amounts sufficient to ensure that the ratio of the highway funds of a State to highway funds of all States for the fiscal year is not less than the adjustment percentage specified for that State under this Act. Requires each State to receive additional apportionments so that its percentage of highway funds is not less than 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund. Repeals: (1) existing apportionment adjustment programs; and (2) set-asides for interstate discretionary projects. (Sec. 12) Reduces from 3.75 to 2.35 the percentage of program funds authorized to be set aside for administrative costs. (Sec. 13) Sets forth provisions regarding permissible transfers of unobligated balances of funds apportioned to a State for: (1) congestion mitigation and air quality improvement; (2) interstate construction and maintenance; (3) bridge replacement and rehabilitation; and (4) the STP.
United States · United States Congress · 11 February 1997
Amends the Clean Air Act to exclude from the definition of "volatile organic compound" beverage alcohol compounds (ethanol) emitted from aging warehouses.
United States · United States Congress · 11 February 1997
Expresses the sense of the House of Representatives that studies are needed to further determine the benefits of screening women between the ages of 40 and 49 for breast cancer through mammograms and other emerging technologies and that the House urges the Advisory Panel for the National Cancer Institute to: (1) consider reissuing a specified guideline rescinded in 1993; or (2) direct the public to consider guidelines issued by other organizations until there is more definitive data.
United States · United States Congress · 5 February 1997
Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan (including any partnership, association, or other organization that enters into or administers such a contract or agreement) and a health care provider (or group of health care providers) from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines "medical communication" as a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's health status, medical care, or treatment options.
United States · United States Congress · 5 February 1997
Bear Protection Act - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, purchasing, or possessing it with intent to sell or barter, transporting, acquiring, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Requires the Secretary of the Interior and the United States Trade Representative to discuss issues involving such trade with representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary to report to the Congress on the progress of efforts to end illegal trade in bear viscera.
United States · United States Congress · 5 February 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits).
United States · United States Congress · 4 February 1997
Amends the Higher Education Act of 1965 to exempt from certain annual compliance audit requirements of the guaranteed student loan program those lenders with guaranteed student loan portfolios that do not exceed $10 million.
United States · United States Congress · 21 January 1997
Medicare Provider-Sponsored Organization Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to give Medicare beneficiaries the option of receiving Medicare coverage through enrollment with provider-sponsored organizations (PSOs) organized and licensed under State law, and certified as meeting certain Federal standards. Requires a PSO to: (1) deliver a spectrum of health care services (including basic hospital and physicians services) to enrolled purchasers; and (2) provide a substantial proportion of the health care items and services under its Medicare contract through the provider or affiliated group of providers composing the organization. (Sec. 2) Provides for direct Federal Medicare certification as a qualified PSO through calendar 2001. Authorizes State licensure of PSOs after January 1, 2002, only if: (1) State financial solvency and capital adequacy standards are identical with Federal standards; and (2) State licensure standards are substantially equivalent to Federal standards. Allows a PSO seeking to operate under a full-risk contract or a partial risk contract to apply to the Secretary of Health and Human Services for waiver of State licensure if: (1) the State has failed to act on the PSO's State application within a certain period of time; or (2) the State has denied the PSO's application, but the State's licensing standards or review process impose unreasonable barriers to market entry. Declares that a fiscally sound PSO meets Medicare financial solvency requirements. Prescribes general requirements for a PSO's ongoing quality assurance program (including case-by-case utilization review). Treats such requirements as met if the PSO is accredited by a private organization under a process approved by the Secretary. Sets forth physician-participation procedure requirements and other special rules. Directs the Secretary to issue regulations regarding qualified PSO standards, which shall preempt State law. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) Treats Medicare-eligible organizations, including PSOs, as meeting the "50-50" enrollment composition rule (which requires that a health plan's Medicare and Medicaid enrollees cannot exceed 50 percent of its total enrollment) if they demonstrate: (1) their capability of providing coordinated care in accordance with the quality assurance standards established by this Act; and (2) their experience providing coordinated care to enrollees of a health plan or State Medicaid plan. (Sec. 5) Provides that a health maintenance organization under Medicaid includes a public or private organization which may be a PSO. (Sec. 6) Directs the Secretary to provide for demonstration projects in at least ten States that permit Medicaid programs to be treated as Medicare-eligible organizations for individuals eligible to enroll with a Medicare organization and also eligible for Medicaid, for the purpose of demonstrating the delivery of primary, acute, and long-term care through an integrated delivery network that emphasizes noninstitutional care. (Sec. 7) Prescribes rules on coverage of emergency services by all Medicare plans. (Sec. 8) Limits State law restrictions on managed care arrangements; but exempts from such restrictions any law that has the effect of preventing involuntary denial of life-saving medical treatment when such denial would cause the patient's involuntary death pending transfer to a health care provider willing to provide such treatment. (Sec. 9) Requires the Department of Justice and the Federal Trade Commission to provide jointly for the development and publication of explicit, binding guidelines on the application of antitrust laws to PSO activities, addressing PSO formation, development, and operation issues of PSOs and facilitating their development and operation.
United States · United States Congress · 20 January 1997
Distilled Spirits Tax Payment Simplification Act of 1997 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises and between importation and bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray a portion of the costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.
United States · United States Congress · 9 January 1997
Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.
United States · United States Congress · 9 January 1997
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Savings and Investment Incentive Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code, with respect to the deduction for individual retirement accounts (IRAs), to increase the income limits applicable to active participants. Removes limitations on a spouse's participation. (Sec. 102) Provides an inflation adjustment for the deductible amount. (Sec. 103) Revises provisions concerning the allowance of certain coins and bullion as IRA investments. Subtitle B: Nondeductible Tax-Free IRAs - Permits individuals to establish IRA Plus accounts which shall be treated similarly to an IRA plan. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including the exclusion of qualified distributions from gross income). Title II: Penalty-Free Distributions - Permits distributions without penalty for qualified: (1) first home purchases; (2) higher education expenses; and (3) unemployed individuals.
United States · United States Congress · 9 January 1997
Constitutional Amendment - States that no person born in the United States shall be a U.S. citizen unless a parent is a U.S. citizen, is lawfully in the United States, or has lawful immigration status at the time of the birth.
United States · United States Congress · 7 January 1997
Postal Service Core Business Act of 1997 - Prohibits the Postal Service from making available to the public any commercial nonpostal service except to the extent that such service was made available nationwide by the Postal Service to the public (whether under the Domestic Mail Manual or otherwise) as of January 1, 1994.
United States · United States Congress · 7 January 1997
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
United States · United States Congress · 7 January 1997
Small Business Regulatory Assistance Act of 1997 - Amends the Small Business Act to require each participating Federal agency (the Environmental Protection Agency, the Internal Revenue Service, and the Department of Labor), the Office of Small Business Development Centers (Office) of the Small Business Administration, and representatives of an association representing a majority of small business development centers (SBDCs) to agree to a small business regulatory compliance assistance plan. Requires each participating agency to ensure the nonduplication of compliance assistance efforts. Requires the Office, with the agreement of the association, to develop and publish guidelines for the establishment by SBDCs or by consortia of SBDCs of a system of small business voluntary regulatory compliance (system), with specified guideline requirements. Outlines the assistance to be provided to participating small businesses. Requires annual reports from the Office to the President and the congressional small business committees concerning the assistance provided under this Act, the level of outreach to small businesses achieved by SBDCs and consortia, and recommendations for improvements in the regulation of small businesses participating in the system. Requires the Office to provide for an independent third-party evaluation of the system, to be submitted to the President and the small business committees. Provides funding to assist the Office and participating agencies in fostering, promoting, developing, and carrying out the system, including funds for the implementation and administration of worker safety and health compliance assistance plans and regulatory compliance assistance plans for fiscal years 1999 through 2003. Provides funds to each participating SBDC under a population-based funding formula. Exempts such funds from matching requirements. Prohibits the Office from providing any funds to an SBDC or consortia after September 30, 2000, unless such SBDC or consortia has been approved for funding under a certification requirement.
United States · United States Congress · 7 January 1997
Capital Gains Tax Reduction Act of 1997 - Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for both individuals and corporations. Provides for the indexing of assets for determining gain or loss.
United States · United States Congress · 7 January 1997
States that a prohibition on the concurrent award of veterans' disability compensation and military retired pay shall not apply to a person who has a service-connected disability if: (1) the person completed at least 20 years of retirement-creditable military service; and (2) the disability was incurred or aggravated in the line of duty and is rated at not less than 70 percent.
United States · United States Congress · 7 January 1997
Working Families Flexibility Act of 1997 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to a collective bargaining agreement with employee representatives, or, where there is no recognized labor organization, pursuant to an agreement with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue. Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.
United States · United States Congress · 7 January 1997
Deficit Reduction Lock-box Act of 1997 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to maintain a Deficit Reduction Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the CBO Director, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. Requires a running tally to be available to Members of the House of Representatives, during the consideration of any appropriations bill by the House, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. Requires the Director of the Congressional Budget Office to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. Requires the downward adjustment of discretionary spending limits by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year.
![Official portrait of Rep. Northup, Anne M. [R-KY-3]](https://www.congress.gov/img/member/n000143_200.jpg)