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 · 10 April 1997
Nuclear Waste Policy Act of 1997 - Revises the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy (the Secretary) to: (1) develop and operate a repository for the permanent geologic disposal of spent nuclear fuel and high-level radioactive waste; (2) accept spent nuclear fuel and high-level radioactive waste by no later than January 31, 2000; (3) provide for the transportation of such wastes; and (4) pursue expeditiously the development of each component of the integrated management system. Requires intermodal transfer (rail-to-heavy-haul-truck) of spent nuclear fuel and high-level radioactive waste pending direct rail access to the interim storage facility site. Sets a deadline for the Secretary to develop the capability to commence rail to truck intermodal transfer at Caliente, Nevada. Provides for heavy-haul transportation route and truck transportation. Requires the Nuclear Regulatory Commission (NRC) to enter into a Memorandum of Understanding with the City of Caliente and Lincoln County, Nevada, to provide advice to the Commission regarding intermodal transfer and to facilitate on-site representation. Subjects the Secretary's movement of spent nuclear fuel and high-level radioactive waste by heavy-haul transport route to the exclusive regulatory purview of the Secretary of Transportation and the Nuclear Regulatory Commission (NRC). Prescribes transportation planning, package certification, technical assistance, interim storage facility, permanent disposal, land withdrawal, and private storage facility requirements to ensure that the Secretary is able to accept spent nuclear fuel and high-level radioactive waste by January 31, 2000, and transport it to mainline transportation facilities. Instructs the Secretary to: (1) offer Nye County, Nevada an opportunity to designate an on-site oversight representative; and (2) offer to enter into separate benefits agreements with Lincoln and Nye Counties concerning the integrated management system. Requires the Secretary to make certain initial land conveyances to Nye County. Authorizes the Secretary to contract with any person holding title to or generating or holding title to spent nuclear fuel or high-level radioactive waste of domestic origin for the acceptance of title, and possession, transportation, interim storage, and disposal. Requires the Secretary to determine the level of an annual fee for electricity generated and sold by each civilian nuclear power reactor. Permits the Secretary to make expenditures from the Nuclear Waste Fund in the event of a shortfall. Delineates budget priorities in the event of such shortfall. Requires the NRC to suspend the license of any licensee who fails or refuses to pay the currently required one-time fee on spent nuclear fuel, or high-level radioactive waste derived from it, and used to generate electricity in a civilian nuclear power reactor before April 7, 1983. Provides that payment of the one-time fee relieves the responsible party from further financial obligation to the Federal Government for its long-term storage or permanent disposal. Authorizes the NRC to require prior agreement with the Secretary for spent fuel and waste disposal as a precondition to the issuance or renewal of a license. Continues the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) issue a final rule establishing the appropriate portion of the costs of managing spent nuclear fuel and high-level radioactive waste allocable to the interim storage or permanent disposal of spent nuclear fuel, high-level radioactive waste from atomic energy defense activities, and spent nuclear fuel from foreign research reactors; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Grants the Atomic Energy Act of 1954 and this Act preeminence in the event of a conflict or duplication of laws. Precludes this Act from being construed as: (1) constituting either an express or implied Federal reservation of water rights for any purpose arising under it; (2) authorizing the Federal use of eminent domain to acquire water rights; or (3) limiting the exercise of water rights as provided under Nevada State laws. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an acceptance schedule for contract holders' spent nuclear fuel and high-level radioactive waste. Prohibits: (1) subseabed or ocean water disposal of spent nuclear fuel or high-level radioactive waste; and (2) any obligation of funds for any such related activity. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. Directs the Secretary to employ, on an on-going basis, integrated performance modeling regarding site characterization.
United States · United States Congress · 10 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to affirm publicly as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict this policy.
United States · United States Congress · 8 April 1997
Internal Revenue Service Accountability Act - Amends the Internal Revenue Code to impose a fine or imprisonment upon any U.S. officer or employee who willfully and maliciously disregards any revenue law or related regulation relating to any proceeding against a taxpayer. Allows, if litigation costs are awarded, a portion of the costs to be assessed against any current or former Internal Revenue Service officer or employee (prohibiting Government reimbursement) if the proceeding resulted from any arbitrary, capricious, or malicious act of the officer or employee. Allows Government defense of the officer or employee, but makes the officer or employee liable for defense costs if the employee is found liable for litigation costs. Imposes similar liabilities regarding civil damages for a failure to release a lien or for certain unauthorized collection actions. Amends provisions allowing civil damages for disclosure of returns and return information to allow the damages for access as well as disclosure and apply the provisions to former as well as current officers and employees. Provides for dismissal from office or discharge from employment, a fine or imprisonment, and costs of prosecution for unauthorized access. Prohibits unauthorized access and, on discovery of unauthorized access, requires immediate taxpayer notification. Requires reasonable justification (not random selection) for examining a return. Prohibits, except on court approval, a second examination of a return or extending an examination back beyond three taxable years. Extends from 21 to 90 calendar days after notice and demand the deadline to pay a tax required to be shown on certain returns but not shown. Allows a district court to rule on a decision by the Secretary of the Treasury to not acquiesce regarding conclusions of law in identical, similar, or previously-decided cases. Requires court consent for a levy to collect a tax. Prohibits interest on assessable penalties, additional amounts, or additions to tax. Sets the interest rate for overpayments and underpayments (the same rate for both). Modifies requirements regarding abatement of interest, penalties, additional amounts, or additions to tax attributable to a mathematical or clerical error.
United States · United States Congress · 20 March 1997
United States Armed Forces in Bosnia Protection Act of 1997 - Prohibits any funds appropriated or otherwise available to the Department of Defense (DOD) or any other Federal department or agency from being obligated or expended for the deployment on the ground of U.S. armed forces in the territory of the Republic of Bosnia and Herzegovina after September 30, 1997. Provides exceptions: (1) for the deployment of troops to aid in troop withdrawal; or (2) if the President transmits to the Congress a request for a deployment extension for an additional 90 days after such deadline and a joint resolution is enacted approving such request. Outlines congressional procedures for the consideration of such request. Prohibits DOD or other Federal funds from being obligated or expended for: (1) the conduct of, or support for, any law enforcement activities in Bosnia and Herzegovina, with an exception for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the United Nations-led Stabilization Fore in preventing armed conflict there; (3) the transfer of refugees within the Republic that has a purpose of acquiring control by one Bosnian entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires a report from the President to the Congress on the ground deployment of U.S. forces in Bosnia and Herzegovina.
United States · United States Congress · 20 March 1997
United States Efficient Currency Act of 1997 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Instructs the Secretary of the Treasury to: (1) place certain authorized one-dollar coins into circulation before the government's current inventory of one-dollar coins bearing the likeness of Susan B. Anthony is depleted; and (2) increase capacity at U.S. Mint facilities to a level that permits replacement of one-dollar Federal reserve notes. Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after specified deadlines. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities ordered by the Board of Governors of the Federal Reserve to meet collectors' needs).
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
Mandates the display of the POW-MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Days, National POW-MIA Recognition Day, and on the last business day before each of the preceding holidays, on the grounds or in the public lobbies of: (1) major military installations as designated by the Secretary of Defense; (2) Federal national cemeteries; (3) the national Korean War Veterans Memorial; (4) the national Vietnam Veterans Memorial; (5) the White House; (6) the official office of the Secretary of State, Secretary of Defense, Secretary of Veterans Affairs, and the Director of the Selective Service System; and (7) U.S. Postal Service post offices. Repeals provisions from the National Defense Authorization Act for Fiscal Years 1992 and 1993 relating to the display of the POW-MIA flag.
United States · United States Congress · 13 March 1997
Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.
United States · United States Congress · 12 March 1997
Amends the Illinois and Michigan Canal National Heritage Corridor Act of 1984 to extend the Illinois and Michigan Canal National Heritage Corridor Commission to the year 2004.
United States · United States Congress · 11 March 1997
Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide or pay for any health care item or service or health benefit coverage for the purpose of causing, or assisting to cause, the death of any individual. Sets forth a nonexclusive list of programs, facilities, and personnel to which the prohibition applies, including under Social Security Act titles V (Maternal and Child Health Services), XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services), the Public Health Service Act, the Indian Health Care Improvement Act, and provisions of Federal law relating to Federal employees, the military health care system, veterans medical care, Peace Corps volunteers, and Federal prisoners. Prohibits the use of appropriated funds for: (1) causing or assisting in suicide, euthanasia, or mercy killing; (2) compelling any person or entity to provide or fund any item, benefit, program, or service for such purpose; or (3) asserting or advocating a legal right to cause or assist such actions. Sets forth a nonexclusive list of programs to which the prohibition applies, including under specified provisions of the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, the Rehabilitation Act of 1973, the Older Americans Act of 1965, and the Legal Services Corporation Act. Prohibits the use of appropriated funds for any item or service for the purpose of causing or assisting in the suicide, euthanasia, or mercy killing of any individual. Declares that, for this Act, references to appropriated funds include funds appropriated to the District of Columbia under specified provisions of the District of Columbia Self-Government and Governmental Reorganization Act. Declares that this Act supersedes other Federal laws except to the extent such laws specifically supersede this Act.
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
Directs the President to appoint an additional judgeship for the Northern District of Alabama. Provides for the conversion of specified temporary district judgeships into permanent judgeships. Amends the Judicial Improvements Act of 1990 to establish the commencement dates for specified temporary judgeships.
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
Human Cloning Prohibition Act - Makes it unlawful for any person to use a human somatic cell for the process of producing a human clone. Sets forth a civil money penalty.
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 · 4 March 1997
Volunteer Protection Act of 1997 - Provides limited tort claim liability protection for nonprofit or governmental volunteers acting in good faith and within the scope of their duties. Sets forth discretionary State conditions and exceptions to such liability protection. Increases Social Services Block Grant Program allotments under title XX of the Social Security Act to a State that has adopted a similar measure within a specified time and conditions such increase upon an annual certification that the State law remains in effect.
United States · United States Congress · 27 February 1997
American Land Sovereignty Protection Act - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless: (1) the Secretary finds that commercially viable uses of nominated lands (including lands located within ten miles of them) will not be adversely affected by such inclusion, and publishes that finding; (2) the Secretary has reported to the Congress on the lands' natural resources and the impact that the inclusion would have on existing and future uses of such lands; and (3) such nomination is specifically authorized by a law. (Sec. 3) Authorizes the President to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has reported to the Congress on the necessity for such inclusion, including the natural resources associated with the property, and the impact that such inclusion would have on existing and future uses of such property; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Directs the Secretary to report annually to specified congressional committees certain information on each World Heritage Site within the United States. (Sec. 4) Prohibits Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that any such designation shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 2000; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Directs the Secretary of State to report annually to specified congressional committees information on each Biosphere Reserve within the United States. (Sec. 5) Prohibits, under any international agreement (with exceptions under certain wetlands agreements and conventions), the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless specifically authorized by law; (2) State or local government lands unless specifically authorized by State or local law; or (3) privately owned lands without the owner's consent.
United States · United States Congress · 27 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.
United States · United States Congress · 27 February 1997
TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Marian Anderson Centennial Commemorative Coin Act - Title I: Commemorative Coins - Instructs the Secretary of the Treasury to: (1) mint and issue one-dollar and half-dollar coins in commemoration of the centennial of the birth of Marian Anderson; and (2) allocate sales surcharges to the Smithsonian Institution, the Public Broadcasting Fund, and the National Museum of American History for the support of the National Numismatic Collection. Title II: Circulating Coins - Amends Federal currency law to provide that at the Secretary's discretion, half-dollar coins minted after specified dates may bear the same design as the commemorative coins minted under this Act.
United States · United States Congress · 27 February 1997
Increases the salaries of the Chief Justice and associate Supreme Court justices of the United States and the judges of the United States courts of appeals, the United States district courts, and the United States Court of International Trade by 9.6 percent. Requires future adjustments in judicial salaries to equal the percentage by which General Schedule pay rates are adjusted (currently, the percentage change in the Employment Cost Index).
United States · United States Congress · 25 February 1997
Declares that, for the purposes of any constitutional amendment requiring a balanced budget, the appropriate committees of the House and the Senate shall report to their respective Houses implementing legislation to achieve a balanced budget without increasing the receipts or reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.
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 · 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
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
Constitutional Amendment - Requires the President to transmit to the Congress, before each fiscal year, a proposed statement of receipts and outlays for such fiscal year in which outlays (except those for repayment of debt principal) are not greater than receipts (except those derived from borrowing)(a proposed balanced budget). Requires the Congress to adopt, by law, a statement of receipts and outlays for such fiscal year in which outlays are not greater than receipts (a balanced budget). Authorizes the Congress to amend, by law, that balanced budget, provided revised outlays are not greater than revised receipts. Authorizes the Congress to provide in balanced budget for a specific excess of outlays over receipts by a vote directed solely to that subject in which two-thirds of the whole number of each House agree to such excess. Requires the Congress and the President to ensure that actual outlays do not exceed the outlays set forth in such balanced budget. Prohibits any increase in the limit on the debt of the United States, unless two-thirds roll call vote of each House provides by law for such an increase. Requires any bill that increases the internal revenue (except by a de minimis amount) to receive for final adoption the concurrence of two-thirds of each House. Permits the Congress to waive the requirements of this article when: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution, adopted by a majority of each House, which becomes law. Makes any increase in the internal revenue enacted under such a waiver effective for only two years. Makes the internal revenue provisions of this Article effective upon ratification, and the remaining provisions effective on the later of FY 2002 or the second fiscal year beginning after ratification.
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 · 10 February 1997
Amends the Clean Air Act to delete from the glycol ether category in the list of hazardous air pollutants ethylene glycol monobutyl ether as used or emitted by metal or composite can manufacturing. Amends the toxic chemical release forms provisions of the Emergency Planning and Community Right-To-Know Act of 1986 to require the Administrator of the Environmental Protection Agency to delete from the lists of toxic chemicals and extremely hazardous substances employed under such Act any substance that has been deleted or removed from the hazardous air pollutants list unless the Administrator demonstrates on the basis of convincing evidence significant human health or environmental threats posed by the substance's storage, use, or release.
United States · United States Congress · 6 February 1997
Right to Life Act of 1997 - States that the Congress declares that the right to life guaranteed by the Constitution is vested in each human being at fertilization.
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 · 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 · 4 February 1997
Expresses the sense of the Congress that cost-of-living adjustments for Federal retirees should be paid beginning in January of each year, as current law prescribes, and should not be delayed, whether as part of a budget agreement or otherwise.
United States · United States Congress · 21 January 1997
Provides that: (1) upon complete satisfaction of the guidelines for prospective North Atlantic Treaty Organization (NATO) members set out in the September 1995 Study on NATO Enlargement and all other NATO membership criteria, Estonia, Latvia, and Lithuania should be invited to become full members at the earliest possible date; and (2) such countries should be invited to attend the NATO summit in Madrid on July 7 and 8, 1997.
United States · United States Congress · 9 January 1997
Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.
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 · 7 January 1997
Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
United States · United States Congress · 7 January 1997
Authorizes the President to present, on behalf of the Congress, a congressional gold medal to Francis Albert "Frank" Sinatra. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.
United States · United States Congress · 7 January 1997
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.
United States · United States Congress · 7 January 1997
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 7 January 1997
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Makes any person who has been elected for a full term: (1) two times to the Senate ineligible for election or appointment to the Senate; or (2) six times to the House ineligible for election to the House. Bars any person who has served as a: (1) Senator for more than three years of a term to which some other person was elected from being subsequently eligible for election to the Senate more than once; and (2) Representative for more than one year from being subsequently eligible for election to the House more than five times. Excludes election or service occurring before this article becomes operative when determining eligibility.
United States · United States Congress · 7 January 1997
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts (except those derived from borrowing) for that fiscal year unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of each House by roll call vote before any bill to increase revenue may become law. Authorizes the Congress to waive these provisions when: (1) a declaration of war is in effect; or (2) the United States is engaged in a military conflict which poses a threat to national security as declared by a joint resolution adopted by a majority of each House. Makes this article effective beginning with FY 2002 or with the second fiscal year beginning after its ratification, whichever is later.
![Official portrait of Rep. Shimkus, John [R-IL-15]](https://www.congress.gov/img/member/s000364_200.jpg)