United States · United States Congress · 6 May 1997
Private Property Rights Implementation Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims that is founded upon a property right or privilege secured by the Constitution, but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 1 May 1997
Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing health plans sponsored by certain associations, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) State responsibilities and cooperation between Federal and State authorities.
United States · United States Congress · 1 May 1997
Public Services Aviation Act of 1997 - Amends Federal aviation safety law to consider a government-owned aircraft to be a public aircraft if it is: (1) operated in the performance of a governmental function by a unit of government on behalf of another unit of government pursuant to a cost reimbursement agreement; or (2) transporting (for non-commercial purposes) crewmembers whose presence is associated with the administration or support (or, as currently, performance) of a governmental function such as, but not limited to, public safety, among other functions specified by current law.
United States · United States Congress · 1 May 1997
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 90 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
United States · United States Congress · 30 April 1997
Customs Enforcement and Market Access Act of 1997 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. (Sec. 3) Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. (Sec. 4) Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines levied under this Act, and whose amounts shall be available: (1) to the Office of Textiles, Apparel, and Consumer Goods of the Department of Commerce to provide funds for the American Textile Partnership the Textile-Clothing Technology Center, the National Textile Center, and the Garment Industry Development Center; (2) for adjustment assistance for firms in the textile and apparel industry that have been adversely affected by textile and apparel imports; and (3) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. (Sec. 5) Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. States the sense of the Congress that any agreement negotiated with a non-WTO country which already has a textile agreement with the United States should permit imports of textile and apparel products of that country, during each 12-month period, to increase by not more than the percentage of growth in the U.S domestic market for all textile and apparel products in the preceding 12-month period. Specifies provisions for inclusion in the accession protocol of countries acceding to the WTO. (Sec. 6) Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a bilateral textile import agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. (Sec. 7) Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. (Sec. 10) Directs the Commissioner of Customs to establish a Division on Textile Enforcement. (Sec. 11) Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; or (3) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 30 April 1997
Prisoners Frivolous Lawsuit Prevention Act of 1997 - Amends rule 11 of the Federal Rules of Civil Procedure to provide that by presenting to the court a pleading, written motion, or other paper, an attorney or unrepresented party is certifying (among other things and subject to specified limitations) that the allegations and other factual contentions have evidentiary support, are made in a case involving a party other than a prisoner, and, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. Directs the court, upon determining in a case involving a party who is a prisoner that provisions regarding improper representations to the court have been violated, to impose an appropriate sanction upon the attorneys, law firms, or parties responsible for the violation. Specifies that a sanction imposed for a violation of this rule shall not be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated in a case involving a party who is a prisoner.
United States · United States Congress · 30 April 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
United States · United States Congress · 24 April 1997
Intercity Passenger Rail Trust Fund Act of 1997 - Amends the Internal Revenue Code to establish in the Treasury the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) non-Amtrak States.
United States · United States Congress · 24 April 1997
European Security Act of 1997 - Directs the President to designate additional emerging democracies in Central and Eastern Europe which meet specified criteria and that have not been designated as eligible to receive assistance under the NATO Participation Act of 1994. (Sec. 3) Expresses the sense of the Congress that: (1) Romania, Estonia, Latvia, and Lithuania are to be commended for their progress toward political and economic liberty and meeting the guidelines for prospective NATO members; and (2) upon their complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date. Makes funds under the NATO Participation Act of 1994 available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System. Extends through FY 1999 the Department of Defense's authority to transfer excess defense articles to countries eligible to participate in the Partnership for Peace and eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 4) Authorizes the President to approve on behalf of the United States the Document Agreed Among States Parties to the Treaty on Conventional Armed Forces in Europe dated November 19, 1990, signed in Vienna, Austria, on May 31, 1996, concerning the resolution of issues related to the Conventional Armed Forces in Europe (CFE) Treaty flank zone. Expresses the sense of the Congress that any revisions to the Treaty on Conventional Armed Forces in Europe can enter into force only if specifically approved in a manner described under the Arms Control and Disarmament Act. Prohibits approval of any Treaty revisions that jeopardize U.S. security interests in Europe, or the effectiveness and flexibility of NATO as a defensive alliance, by: (1) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including with respect to nuclear weapons deployment and the stationing of other NATO troops and equipment; (2) limiting NATO's ability to defend the territory of new NATO members by restricting defense infrastructure construction or limiting NATO's ability to deploy necessary reinforcements; (3) providing any international organization or any non-NATO country with authority to review, delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or their implementation, including with respect to NATO force deployment or the admission of additional members to NATO; or (4) impeding the development of enhanced relations between NATO and other non-NATO European countries by, for example, recognizing spheres of influence in Europe. (Sec. 5) Directs the Secretary of Defense to carry out a program of cooperative ballistic missile defense-related projects with the Russian Federation. Urges the President to establish with the Russian Federation a joint working group to examine the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the Anti-Ballistic Missile Treaty of 1972, including the possibility of developing a strategic relationship not based on mutual nuclear threats. (Sec. 6) Declares that an ABM-TMD (anti-ballistic missile-theater missile defense) demarcation agreement shall not be binding on the United States unless it is specifically approved in a manner described under the Arms Control and Disarmament Act.
United States · United States Congress · 23 April 1997
Patient Access to Responsible Care Act of 1997 - Amends the Public Health Service Act to require a health insurance issuer to: (1) assure that covered items and services are available and accessible to each enrollee; (2) assure the availability and accessibility of emergency services and urgent care 24 hours a day, 7 days a week; (3) not require prior authorization for emergency services; and (4) cover emergency and urgent (and related ancillary) services. Requires an issuer offering network coverage to show that enrollees have access to specialized treatment. Regulates network incentive plans. Requires an issuer to: (1) permit each network enrollee to select a personal health professional from participating professionals; (2) cover nonparticipating providers, regulating premiums and cost sharing; (3) avoid undue enrollee burden from care coordination and cost control processes; (4) ensure direct specialist access; (5) provide for continuity of care for those with special needs or a chronic condition; and (6) provide for continued coverage in certain circumstances. Prohibits issuer discrimination on the basis of specified factors against individuals or providers. Prohibits any issuer-professional agreement from restricting the professional from engaging in medical communications with the professional's patient. Sets forth requirements regarding utilization review, an appeals process, and the process by which health professionals and providers become participants. Requires issuers to: (1) disclose certain information to enrollees and prospective enrollees; (2) comply with Federal and State confidentiality laws; (3) meet State solvency-related requirements; and (4) establish a quality improvement program. Requires issuers to comply with this Act regarding group and individual coverage. Declares that the requirements of this Act do not preempt any State law providing equivalent or stricter protections for individuals. Amends the Employee Retirement Income Security Act of 1974 to require a group health plan and an issuer offering coverage under such a plan to comply with the requirements of this Act. Declares that this Act does not preempt any State: (1) law providing equivalent or stricter protections for individuals; or (2) cause of action for personal injury or wrongful death damages that provides insurance or administrative services to or for an employee welfare benefit plan maintained to provide health benefits.
United States · United States Congress · 23 April 1997
Drug and Biological Products Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the mission of the Food and Drug Administration (FDA) and mandate annual reports by the FDA and the Comptroller General to specified congressional committees. (Sec. 3) Modifies new drug requirements regarding: (1) clinical investigation commencement; (2) application contents and review; (3) effectiveness determinations; (4) the use of scientific advisory panels; and (5) marketing approval application review by accredited persons. (Sec. 8) Provides for the accreditation of persons to review applications for new drugs or for biological product facilities. (Sec. 9) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary regarding certain matters, to refer the issue to an existing scientific advisory panel, a special Government employee, or a non-governmental person for recommendations to the Secretary. (Sec. 10) Deems certain chemistry, manufacturing, and controls to comply with current good manufacturing practice (GMP) and prohibits actions to delay or prevent the manufacture or marketing of a drug for failure to conform to GMP. (Sec. 11) Allows a new drug manufactured in a small facility to be used to show safety and effectiveness. (Sec. 12) Allows changes in the manufacture of a new drug or a new animal drug to be made in accordance with specified validation and reporting requirements. (Sec. 13) Repeals provisions relating to the certification of drugs containing insulin or antibiotics. Allows insulin and antibiotic exports without regard to certain requirements. (Sec. 14) Requires that applications or petitions requesting conversion from prescription to nonprescription status and all matters relating to nonprescription drugs be reviewed by a single office in the Center for Drug Evaluation and Research. Allows a single scientific advisory panel to provide recommendations. (Sec. 15) Mandates an applicant-accessible information system to track applications and submissions to the FDA. (Sec. 16) Prohibits actions by the Secretary of Health and Human Services from requiring an environmental impact statement or environmental assessment unless the Secretary finds that the proposed action may have a significant effect, directly or cumulatively, on the human environment. (Sec. 17) Regulates drugs compounded by a licensed pharmacist, physician, or other licensed practitioner authorized by State law to prescribe drugs or devices. Declares null and void a proposed rule and guideline concerning GMP exceptions for positron emission tomography drug products. Prohibits proposing another regulation or guideline on the same matters. (Sec. 18) Directs the Secretary to meet with other countries to discuss regulatory requirement harmonization. (Sec. 19) Prohibits the Secretary from relying on statements not promulgated in accordance with rulemaking requirements to require any action under the FDCA. (Sec. 20) Mandates training for FDA employees on FDCA regulations and policies. (Sec. 21) Regulates: (1) the delegation of authority under the FDCA; and (2) communication to non-FDA persons regarding certain matters before completion of an investigation. (Sec. 23) Amends the Public Health Service Act to regulate biological products in interstate commerce, including requiring certain licensing and labeling. Mandates regulations regarding diagnostic testing kits using topically applied allergenic products. Applies specified FDCA provisions to all biological products and deems references in those provisions to new drug applications to include product license applications for biological products. Regulates biological product labeling and advertising. Mandates a report to specified congressional committees regarding a single license for the regulation of blood and blood products covering multiple locations under single management. (Sec. 24) Allows but limits the regulation of human tissue and cord blood. (Sec. 25) Amends the FDCA to provide for expanded access to investigational drugs. (Sec. 26) Regulates the new drug process regarding radiopharmaceuticals. (Sec. 27) Prohibits release to the public of confidential patient and donor identifying information from licensed or registered establishments. (Sec. 28) Prohibits States and subdivisions from regulating food, drugs, or cosmetics, subject to exception. (Sec. 29) Mandates a demonstration program of grants for centers to conduct research regarding specified aspects of drugs, devices, and biological products. Authorizes appropriations.
United States · United States Congress · 23 April 1997
Child Abuse and Neglect Enforcement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to provide for a ten percent reduction of drug control and system improvement (Byrne) grants to States that do not have in effect throughout the State a law requiring that a designated law enforcement agency make available to child protective and child welfare workers timely criminal conviction information and protection orders based on a claim of domestic or child abuse to the same extent as such information is made available to law enforcement officers in such State. Sets forth provisions regarding redistribution of funds. Directs the Attorney General to issue regulations to ensure compliance. (Sec. 3) Amends title XIX of the Public Health Service Act to authorize the Secretary of Health and Human Services, for FY 1999 and subsequent fiscal years, to make a grant to a State for prevention and treatment of substance abuse only if such State requires by law or regulation that: (1) each newborn infant born in the State be tested for physical dependence on any drug, fetal alcohol syndrome, fetal alcohol effects, the presence of alcohol, and the presence of drugs that are associated with substance abuse; and (2) if the newborn tests positive under any such test, the principal State or local agency with responsibility for the protection of children be notified. Sets forth provisions regarding: (1) delayed applicability for certain States; and (2) reduction of a State's allotment for noncompliance. (Sec. 4) Amends: (1) the Safe Streets Act to authorize the use of Byrne grants to enforce child abuse and neglect laws and programs; and (2) the Victims of Crime Act of 1984 to increase the set aside for child abuse victims. (Sec. 6) Directs the Comptroller General of the United States to study and report to the Congress and the Secretary on reporting requirements under Federal laws relating to child abuse and neglect and under provisions of the Social Security Act relating to foster care and adoption assistance. Requires the Secretary to conduct an analysis of such report, including any appropriate recommendations for reducing the number of reporting requirements, and submit such analysis to the Congress within 90 days. (Sec. 7) Expresses the sense of the Congress that: (1) child advocacy centers play a vital role in interviewing, treating, and assisting victims of child abuse; (2) such centers are often responsible for intervening in a number of potentially dangerous domestic violence situations and thus preventing such violence or other incidents; and (3) it is appropriate to increase funding for such centers under the Victims of Child Abuse Act of 1990.
United States · United States Congress · 23 April 1997
Law Officer's Armor Vest Tax Credit Act of 1997 - Amends the Internal Revenue Code to permit, for a law enforcement officer, a credit for 100 percent of the costs (up to $1,200) of an armor vest purchased by the officer.
United States · United States Congress · 23 April 1997
Expresses the sense of the Congress that certain provisions of the Merchant Marine Act, 1920 relating to transportation of merchandise between U.S. points in other than domestically built or rebuilt and documented vessels and to incineration of hazardous waste at sea (those provisions popularly known as the Jones Act) and related statutes are critically important components of our Nation's economic and military security and should be fully and strongly supported.
United States · United States Congress · 17 April 1997
Medicare Medical Nutrition Therapy Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dieticians and nutrition professionals.
United States · United States Congress · 17 April 1997
Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA facilities. Provides for: (1) the waiver of certain Medicare requirements in order to carry out the project; and (2) selection of participating VA facilities (requires the VA Secretary to designate up to three geographic service areas from which such facilities are to be selected and to establish a selection plan). Requires at least one facility selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility were not a Federal facility, were participating in the project, and imposed charges for such services. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million. Requires reductions in such payments when the amount of actual VA medical expenditures for targeted veterans is less than the amount of the maintenance of effort level (as defined under this Act) for such fiscal year. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual audits by the Comptroller General. Requires: (1) an independent entity to undertake an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion. Directs the Secretaries to submit to the appropriate congressional committees a report on the feasibility and advisability of establishing a new demonstration project to reimburse the VA Secretary for health care services furnished to targeted Medicare-eligible veterans enrolled in managed health care plans established by such Secretary.
United States · United States Congress · 17 April 1997
TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall spending levels. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Allows waiver of such prohibition if such bill is required to be approved by a two-thirds majority vote in the House and the Senate. (Sec. 203) Prohibits baseline budgeting. Requires objective year-to-year comparisons under budget law, with the starting point for both presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to require a budget law to include a major functional category ("rainy day fund") for natural disasters, subject to specified conditions. (Sec. 205) Amends Federal law to require the President to submit: (1) a budget, by the first Monday in February of each year before that in which a fiscal period commences, setting forth on a single page specific budget ceilings in each major functional category; and (2) a detailed budget, on or before the 15th day after a joint resolution on the budget is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide the appropriate House of Congress (or any committee, subcommittee, or conference) an estimate of the costs in each major functional category of each spending bill likely to result in costs of over $10 million, before being voted on by the Senate or the House, or any committee, subcommittee, or conference committee. (Sec. 301) Requires a two-thirds affirmative vote in the House or the Senate (or any committee, subcommittee, or conference committee) to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House or the Senate, or both, to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress, by two-thirds vote, exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions in spending in the same functional category. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. (Sec. 309) Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals an exemption in the House from pay-as-you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure that budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require CBO reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of social security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Amends Federal law to provide that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts and collections as negative budget authority.
United States · United States Congress · 16 April 1997
Expanded War Crimes Act of 1997 - Amends the Federal criminal code to apply the criminal penalties prescribed for a grave breach of the Geneva Convention, inside or outside the United States, by a U.S. national or member of the armed forces to additional war crimes defined to include conduct: (1) prohibited by Articles 23, 25, 17, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed October 18, 1907; (2) which constitutes a violation of common Article 3 of the conventions and which deals with non-international armed conflict; or (3) of a person who willfully kills or causes serious injury to civilians in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on May 3, 1996, when the United States is a party to such Protocol.
United States · United States Congress · 15 April 1997
Family Tax Relief Act of 1997 - Amends the Internal Revenue Code to establish a credit of $500 multiplied by the number of qualifying children (under the age of 18) of a taxpayer. Reduces such credit if the taxpayer's income exceeds a threshold amount.
United States · United States Congress · 15 April 1997
Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government. Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State. Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights. (Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case. Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request. Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process. Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act.
United States · United States Congress · 15 April 1997
Constitutional Amendment - Grants victims of violent crimes or crimes for which the defendant can be imprisoned for longer than one year the right: (1) to notice of, and to not be excluded from, all public proceedings relating to the crime; (2) to be heard, if present, and to submit a written statement at all public proceedings (and non-public parole proceedings to the extent the convicted offender is afforded such rights) relating to the crime to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the crime; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the crime; (5) to an order of restitution from the convicted offender; (6) to consideration for the victim's safety in determining any release from custody; and (7) to notice of the rights established by this amendment. Grants the victim standing to assert such rights. Grants power to the Congress and the States to enforce this amendment.
United States · United States Congress · 10 April 1997
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
National Energy Laboratories Reorganization Commission Act of 1997 - Establishes the National Energy Laboratories Reorganization Commission to reorganize the Department of Energy National Energy Laboratories and their programs through reconfiguration, corporatization, privatization, and consolidation, while preserving the traditional role the energy laboratories have contributed to the national defense. Requires the Commission to report its own recommendations to specified congressional committees, giving strong consideration to the recommendations of the Task Force on Alternative Futures for the Department of Energy National Laboratories (Galvin Commission). Directs the Secretary to Energy to reconfigure all energy laboratories and complete their corporatization and privatization according to Commission recommendations. Establishes the National Energy Laboratories Reorganization Account to fund such reconfiguration. Instructs the Secretary to transmit to such congressional committees: (1) a reconfiguration schedule as part of the budget request for each pertinent fiscal year; and (2) a description of the energy laboratories to which functions are to be transferred as a result of such reconfigurations. Prescribes procedural guidelines for congressional consideration of the Commission's report.
United States · United States Congress · 10 April 1997
Medical Marijuana Prevention Act of 1997 - Amends the Controlled Substances Act to require the Attorney General to revoke the registration to manufacture, distribute, or dispense a controlled substance or list I chemical of any registrant who, as a practitioner, recommends to a patient a use which is illegal, under Federal law, of a controlled substance.
United States · United States Congress · 10 April 1997
Veterans Nursing Care Availability Act of 1997 - Revises the manner by which the Secretary of Veterans Affairs is required to rank applicants for grants under the State home construction grant program (a program providing grants to States for the construction of veterans' nursing homes). Prohibits any State from being awarded more than one such grant during any fiscal year.
United States · United States Congress · 9 April 1997
Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations.
United States · United States Congress · 9 April 1997
Medical Marijuana Deterrence Act of 1997 - Amends the Controlled Substances Act to provide that, in any State in which it is not unlawful to use marijuana for medicinal purposes, an individual who is convicted of a State drug trafficking or possession offense shall be ineligible for certain Federal benefits (the issuance of any grants, contracts, loans, or licenses provided by a Federal agency or through appropriated funds) without regard to any discretion of the court.
United States · United States Congress · 9 April 1997
Budget Neutral American Tax Relief Act - Amends the Internal Revenue Code to, as a general rule, substitute the indexed basis (the adjusted basis increased by the applicable inflation adjustment factor) for the adjusted basis for purposes of determining the gain on the sale of an indexed asset held by an individual more than three years. Provides, as a general rule, for the treatment of an American Dream Savings Account (ADS account) in the same manner as an individual retirement plan (IRP). Defines an ADS account as an IRP designated at the time of its establishment as an ADS account. Prohibits the deduction of ADS contributions. Limits ADS contributions. Exempts from gross income qualified distributions, which include distributions made: (1) after the account holder attains the age of 59 and one-half; (2) to a beneficiary following the account holder's death; (3) which are attributable to the account holder's disability; and (4) to pay for qualified higher education, medical, or first-time homebuyer expenses. Provides for the phaseout and repeal of the tax increase on social security benefits made under the Revenue Reconciliation Act of 1993. Requires any reductions in revenues to the Federal Government by reason of the amendments made by this Act to be offset by reductions in the funds available for the Department of Commerce and the Department of Energy.
United States · United States Congress · 8 April 1997
Rural Health Care Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to a hospital which has ever been classified as a rural referral center, to prohibit denial of a request for its reclassification on the basis of any comparison between its average hourly wage and the average hourly wages of hospitals in the area in which it is located. Declares that any hospital classified as a rural referral center by the Secretary of Health and Human Services for FY 1991 shall be so classified for FY 1998 and each subsequent fiscal year. Permits hospital geographic reclassification for purposes of disproportionate share payment adjustments. Permits rebasing of Medicare payment for sole community hospitals using FY 1994 and 1995 costs.
United States · United States Congress · 8 April 1997
Imported Produce Labeling Act of 1997 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Authorizes fines for violations of such provision.
United States · United States Congress · 8 April 1997
Small Business Partnership Protection Act - Provides that the application of provisions of the Internal Revenue Code concerning the definition of net earnings from self-employment of a limited partner shall be determined without regard to any regulation, ruling, or other guidance issued after January 9, 1997.
United States · United States Congress · 21 March 1997
Declares that the Congress favors public support by the U.S. Government for the accession of Taiwan to the World Trade Organization (WTO) prior to China's admission to the WTO.
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
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the use of ESEA funds to promote teaching or using dialects peculiar to a region or group within the U.S. population. Allows teachers, notwithstanding such prohibition, to: (1) be trained in, use, and teach foreign languages; and (2) communicate in their own modes of speech, if no special effort is made to teach or encourage students to communicate in such modes of speech.
United States · United States Congress · 20 March 1997
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 · 20 March 1997
Directs the Secretary of Veterans Affairs to allocate amounts appropriated to the Secretary for FY 1998 and 1999 for medical care so that the amount allocated to each element of the Department of Veterans Affairs designated as a Veterans Integrated Service Network is not less than the amount allocated to that element from amounts appropriated for FY 1996. (Such elements are currently designated for an allocation reduction from FY 1996 amounts under the Veterans Equitable Resource Allocation System developed by the Secretary and submitted to the Congress in March 1997.) Provides an exception on a pro rata basis with respect to any general appropriations reductions. Directs the Secretary, effective with FY 2000, to ensure that each such Network is allocated an amount for medical care that is not less than 90 percent of the product of: (1) the number of veterans residing in the geographic area of that Network; and (2) the national medical services and administrative cost per veteran.
United States · United States Congress · 20 March 1997
State Initiative Fairness Act - Prohibits a U.S. district court or judge thereof from granting any application for an interlocutory or permanent injunction restraining the enforcement, operation, or execution of a State law adopted by referendum upon the ground of unconstitutionality unless such application is heard and determined by a three-judge court. Requires, in any such case, the additional judges to be designated as soon as practicable and the court to expedite the consideration of the application for an injunction. Requires any appeal of a determination on such application to be to the Supreme Court.
United States · United States Congress · 20 March 1997
Prohibits the United States from supporting the admission of China into the World Trade Organization (WTO) unless the Congress passes a joint resolution, according to specified procedures, allowing the United States to support such admission. Directs the President to: (1) notify the Congress if China becomes a member of the WTO without the support of the United States; and (2) submit notice of the withdrawal of the United States from the WTO Agreement. Makes a conforming amendment to the Uruguay Round Agreements Act.
United States · United States Congress · 20 March 1997
Credit Union Membership Access Act - Amends the Federal Credit Union Act to limit Federal credit union membership to one or more groups each of which has a common bond within such group.
United States · United States Congress · 20 March 1997
Prohibits the Secretary of Defense, in disposing of real property in connection with the closure of the Long Beach Naval Air Station, California, from conveying any portion of such property to a shipping company owned or controlled by a foreign country. Requires the Secretary to prohibit any subsequent reconveyance of such property to such a company. Provides a reversionary interest and a right of entry for the United States if any such property is so conveyed or reconveyed.
United States · United States Congress · 20 March 1997
Expresses the sense of the Congress that it recognizes: (1) the concern of the railroad industry that the current spousal annuity system is inadequate; and (2) that a process of dialogue must take place among all parties of the railroad community including rail labor, management, and retiree organizations before railroad annuity legislation can be enacted. Urges all parties to find a way to fund an amendment that would improve the survivor benefits component to the Railroad Retirement Act of 1974.
United States · United States Congress · 20 March 1997
Expresses the sense of the Congress that: (1) Romania be commended for its progress toward political and economic liberty and meeting the guidelines for prospective North Atlantic Treaty Organization (NATO) members set out in the September 1995 Study on NATO Enlargement; (2) extension of full NATO membership to Romania would make an exceptional contribution toward stability, freedom, and peace in Europe; and (3) Romania should be invited to become a NATO member as soon as possible.
United States · United States Congress · 19 March 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit any physician from knowingly 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. Prescribes penalties. Defines a "partial birth abortion" as an abortion in which a person partially vaginally delivers a living fetus before killing the fetus and completing the delivery. Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, 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 · 19 March 1997
Provides that amounts recovered or collected with respect to the cost of furnishing care or services at a Department of Veterans Affairs medical center shall be credited to amounts currently available for the furnishing of care and services at that center.
United States · United States Congress · 19 March 1997
Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic home which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.
United States · United States Congress · 19 March 1997
Merchant Mariners Fairness Act of 1997 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army or Naval Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application of a member possessing such qualified service.
United States · United States Congress · 18 March 1997
Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to provide for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects. Authorizes the Secretary, acting through the Director of CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to provide for the evaluation, and implementation of prevention strategies designed to reduce the incidence and effects of birth defects. Requires the Secretary, acting through the CDC, to consult with State and local governmental agencies, managed care organizations, nonprofit organizations, physicians, and other health professionals and organizations. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to the data and information that is collected under this Act. Authorizes appropriations.
United States · United States Congress · 13 March 1997
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.
![Official portrait of Rep. Solomon, Gerald B. H. [R-NY-22]](https://www.congress.gov/img/member/s000675_200.jpg)