United States · United States Congress · 7 November 1997
Multichannel Video Competition and Consumer Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) initiate, and report to specified congressional committees on, an inquiry on the extent to which a certain differential fee decision (relating to the per subscriber per month royalty fee for the retransmission of superstation and distant network signals by direct-to-home satellite service providers) constitutes an impediment to the development of effective market competition for multichannel video programming distribution; and (2) based on such inquiry, make necessary regulatory changes. Includes direct-to-home satellite services under provisions protecting telecommunications services from piracy. Prohibits any U.S. officer or employee from taking any action to implement or enforce the differential fee decision until 120 days after FCC submission of its report.
United States · United States Congress · 7 November 1997
Medicare Venipuncture Fairness Act of 1997 - Amends the Balanced Budget Act of 1997 to repeal provisions denying payment for home health benefits based solely on venipuncture to obtain a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act.
United States · United States Congress · 6 November 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or to an applicable program, to develop, plan, implement, or administer any national testing program. Amends the Elementary and Secondary Education Act of 1965 to establish a similar prohibition against use of certain funds (from the Fund for the Improvement Education) for any national testing program. Exempts from such funding prohibitions the Third International Mathematics and Science Study.
United States · United States Congress · 6 November 1997
Commends the personnel who served in the Asiatic Fleet of the United States Navy between 1910 and 1942. Expresses support for the goals of United States Navy Asiatic Fleet Memorial Day.
United States · United States Congress · 5 November 1997
Bulletproof Vest Partnership Grant Act of 1997 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States or units of local government to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, a mandatory wear policy, and a violent crime rate at or above the national average. Sets forth provisions regarding matching funds and allocation of funds, State and local applications, and grant application renewal. Prohibits any State or unit of local government that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.
United States · United States Congress · 5 November 1997
Balanced Budget Incentive Act - Amends the Legislative Reorganization Act of 1946 to prohibit rates of pay for Members of Congress from being increased, as a result of a cost-of-living adjustment, by a percentage greater than the maximum percentage allowable for a year. Provides that the maximum percentage allowable for a year is the percentage by which benefits under title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act are increased (if at all) effective December 1 of the preceding year pursuant to a cost-of-living or general benefit increase. Bars annual pay increases for Members of Congress for a calendar year if the Director of the Congressional Budget Office determines that there was a deficit in the U.S. Government budget for the last fiscal year ending before the start of such calendar year.
United States · United States Congress · 4 November 1997
Army Reserve-National Guard Equity Reimbursement Act - Authorizes the Secretary of the Army to reimburse Army personnel deployed to or from Europe during the period beginning on October 1, 1996, and ending on May 31, 1997, in support of operations in Bosnia for expenses incurred in the shipment of personal property if such shipment, if made on June 1, 1997, would otherwise have been covered by a temporary change of station weight allowance authorized by the Department of the Army.
United States · United States Congress · 4 November 1997
Lorton Land Transfer Review Act of 1997 - Directs the Secretary of the Interior to conduct a study to determine the best uses for the property on which the Lorton Correctional Complex is located to obtain the maximum economic benefit possible from the closure of the Complex under the National Capital Revitalization and Self-Government Improvement Act of 1997.
United States · United States Congress · 31 October 1997
Iran Missile Protection Act of 1997 - Authorizes supplemental appropriations for FY 1998 for the Department of Defense for cooperative activities with Russia for determining: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian missile threat. Requires a certification by the President to the Congress with respect to the information to be released by Russia before such funds may be appropriated. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information. Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril. Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions.
United States · United States Congress · 29 October 1997
Federal Prison Industries Competition in Contracting Act of 1997 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI). Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration. Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price. Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog. (Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact on private sector firms and their employees of a proposal to authorize the sale of a new specific product or to expand production of a current product. Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. (Sec. 4) Revises requirements for reporting by the board to the Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing. (Sec. 6) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.
United States · United States Congress · 28 October 1997
Authorizes the President to present a gold medal to Len "Roy Rogers" Slye and Octavia "Dale Evans" Smith, on behalf of the Congress, in recognition of their accomplishments as entertainers and humanitarians. Declares that such medals are national medals. Authorizes funding for the cost of the medals and requires deposit of sale proceeds in the United States Mint Public Enterprise Fund.
United States · United States Congress · 24 October 1997
Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 6 October 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act of 1971 to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
United States · United States Congress · 6 October 1997
TABLE OF CONTENTS: Title I: Fiscal Year 1998 Appropriations Title II: District of Columbia Medical Liability Reform Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia Subtitle B: General Provisions Subtitle C: Effective Date Title III: District of Columbia Education Reform Act of 1997 Subtitle A: Amendments to District of Columbia School Reform Act of 1995 Subtitle B: Student Opportunity Scholarships Subtitle C: Other Education Reforms District of Columbia Appropriations, Medical Liability Reform, and Education Reform Act of 1998 - Makes appropriations for the District of Columbia for FY 1998. Title I: Fiscal Year 1998 Appropriations - District of Columbia Appropriations Act, 1998 - Appropriates Federal funds for: (1) the contribution to the operation of the District government; (2) the Office of the Inspector General; (3) a five percent pay increase for police officers who perform nonadministrative public safety services and meet certain minimum standards; (4) a five percent pay increase for uniformed fire fighters; (5) the public schools; (6) payment to the District's Corrections Trustee; (7) payment to the District's Corrections Trustee for Correctional Facilities; (8) payment to the District's criminal justice system; (9) the U.S. Park Police; and (10) the District of Columbia Scholarship Fund. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current fiscal year for: (1) the District of Columbia Taxpayers Relief Fund; (2) the District of Columbia Deficit Reduction Fund; (3) governmental direction and support; (4) economic development and regulation; (5) public safety and justice; (6) the public education system; (7) human support services; (8) public works; (9) the Washington Convention Center Enterprise Fund; (10) repayment of loans and interest; (11) repayment of the general fund recovery debt; (12) payment of interest on short-term borrowing; (13) certificates of participation; (14) human resources development; (15) the Management Reform and Productivity Fund; (16) critical improvements and repairs to school facilities and streets; (17) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (18) the Water and Sewer Authority and the Washington Aqueduct; (19) the Lottery and Charitable Games Enterprise Fund; (20) the Cable Television Enterprise Fund; (21) the Public Service Commission; (22) the Office of the People's Counsel; (23) the Department of Insurance and Securities Regulation; (24) the Office of Banking and Financial Institutions; (25) the Starplex Fund; (26) the District of Columbia (D.C.) General Hospital; (27) the D.C. Retirement Board; (28) the Correctional Industries Fund; and (29) capital outlay. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 128) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Bars the use of funds made available in this Act to enforce the Health Care Benefits Expansion Act of 1992 or to implement any system of registration of unmarried, cohabitating couples for purposes of extending employment, health, or governmental benefits to such couples on the same basis as extended to married couples. (Sec. 136) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 138) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to authorize District government agency heads, during FY 1998, to identify positions for abolishment. Requires any District employee in such a position, regardless of hiring date, to be separated without competition or assignment rights, except as provided by this section. Entitles an affected employee who, but for this section, would be entitled to compete for retention, to one round of lateral competition limited to positions in the employee's competitive level. Adds five years to the creditable service of employees who are bona fide District residents for reduction-in-force purposes. Considers certain nonresident District employees to be residents as well. Sets forth provisions regarding notification, contests of determinations or separations, and severance pay. Requires the Mayor to submit a listing of all positions to be abolished to the Council by March 1, 1998, or upon the delivery of termination notices to individual employees. Restricts providers from whom District employees may receive disability compensation services to District government medical officers and hospitals or physicians or managed care organizations approved by the Mayor. (Currently, employees have the option of choosing services by physicians or hospitals approved by the Mayor.) (Sec. 139) Establishes a ceiling on total operating expenses for the District for FY 1998. Sets forth conditions under which grants excluded from such ceiling may be accepted. Repeals provisions of certain laws which authorize the Authority and the Water and Sewer Authority to expend non-appropriated funds derived from interest or excess revenues. (Sec. 140) Amends the District of Columbia Home Rule Act to grant the Chief Financial Officer (CFO) authority to appoint and remove specified accounting, budget, and financial personnel, including employees of the District Lottery and Charitable Games Control Board. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. Prohibits the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's jurisdiction. Adds administering the District's Medicaid plan to the list of the CFO's duties. Sets forth procedures and conditions for removal of the CFO by the Authority or the Mayor. (Sec. 141) Prohibits any person from having disability status, for purposes of any District retirement program for teachers, police, or fire fighters, unless the determination of status is made by a single entity designated by the District to make such determinations. Requires the Mayor, by January 1, 1998, and every six months thereafter, to engage an enrolled actuary to provide an analysis of the actuarial impact of disability retirements occurring during the previous six-month period on the police and fire fighter retirement programs. (Sec. 142) Sets forth Buy-American requirements. (Sec. 143) Requires all Special Masters appointed by the District Superior Court or the U.S. district court for the District circuit to any District government agency to submit annual estimates of expenditures and appropriations to the Authority for inclusion in the annual budget. (Sec. 144) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to bar the commencement of corrective or adverse actions, for members of the Metropolitan Police Department, more than 120 days after the date the agency knew or should have known of the act allegedly constituting cause for action. (Sec. 145) Requires the Department to change the advance notice required to be given to officers for out-of-schedule assignments from 28 to 14 days. Bars overtime for such assignments if the Department provides the officer with 14 days' advance notice of the assignment change. (Sec. 146) Requires any unused surplus at the end of the fiscal year to be used to reduce the District's outstanding accumulated deficit, except as otherwise provided by this Act. (Sec. 148) Increases the salary of a sworn officer of the Metropolitan Police Department by five percent if the officer: (1) performs primarily nonadministrative public safety services; and (2) is certified by the Chief of the Department as having met certain minimum standards. (Sec. 149) Amends the District of Columbia Home Rule Act to prohibit the Council from enacting any act or rule which increases the payment for any individual under the Temporary Assistance for Needy Families Program to an amount greater than that provided under the District of Columbia Public Assistance Act of 1982, as in effect on the day after the effective date of the Public Assistance Temporary Amendment Act of 1997. (Sec. 151) Requires the Water and Sewer Authority to impose liens against properties with past due payments of 60 days or more. (Sec. 152) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1985 to prohibit the Authority from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the CFO's or Inspector General's jurisdiction. (Sec. 153) Requires the CFO to enter into a contract with a private entity for: (1) establishing an update of the present financial management system by June 30, 1998, to provide for the accurate and timely input and processing of financial data and the generation of reliable output reports; and (2) executing a process in accordance with "best practices" procedures of the information technology industry to determine the need for further improving such system. Sets forth short-term financial management system improvements. Directs a private entity to certify whether the District has implemented policies that will result in a disciplined approach to the acquisition of such system. Withholds funds for system replacement and improvement (excepting funds for the contracts described in this section) until certain Federal and District officials certify to specified congressional committees that the District has implemented such policies. (Sec. 154) Bars the use of funds made available under any Act to carry out any contract to conduct an annual audit of the complete financial statement and report of District activities for FY 1997 or any succeeding fiscal year unless the contract is entered into by the District Inspector General. Amends the District of Columbia Procurement Practices Act of 1985 to prohibit the Mayor from entering into any contract, or issuing any order or regulation, with respect to any authority or activity under the Inspector General's jurisdiction. Sets forth procedures and conditions for removal of the Inspector General by the Authority or the Mayor. Requires District permit or license application forms to include the telephone number established by the Inspector General for reporting waste, fraud, and abuse. Directs the Inspector General to make quarterly reports to the Congress on the number and nature of calls and on the waste, fraud, and abuse detected as a result of such calls. (Sec. 155) Requires the use of direct deposit or checks through the mail for payments made by the District during FY 1998 or succeeding fiscal years. (Sec. 156) Sets forth information to be included in the District's independent annual audit. Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to provide for annual audits of the Authority. (Sec. 157) Amends the Uniform Disposition of Unclaimed Property Act of 1980 to shorten the time period under which specified unclaimed personal property shall be presumed to be abandoned. Sets forth criteria for the presumption of abandonment and updates reporting requirements for holders of such property. Requires holders of such property to notify owners of possession only if they have an accurate address and the value of the property is at least $50. Imposes a waiting period on the sale of such property. Bars any action by the Mayor to enforce reporting, delivery, or payment requirements with respect to such property more than ten years after the holder identified the property in a report to the Mayor or gave notice of a dispute regarding the property. Tolls the period of limitation in the absence of such report or notice. Prescribes penalties for failures to report, pay, or deliver property as required. (Sec. 158) Prohibits the use of funds made available in any Act by the District to obtain borrowing to finance or refund the accumulated general fund deficit existing as of September 30, 1997. Repeals provisions of the District of Columbia Revenue Act of 1939 and the District of Columbia Home Rule Act which permit the Secretary to make advances of funds to assist in liquidating such deficit and which authorize the issuance of general obligation bonds for such purpose, respectively. Amends the District of Columbia Home Rule Act to prohibit the District from borrowing any funds or issuing any bonds, notes, or obligations to repay any other borrowing or issuance unless: (1) the aggregate cost of the new borrowing or issuance does not exceed the aggregate cost of the original borrowing or issuance; and (2) the date provided for the final repayment of the new borrowing or issuance is not later than the date provided for the final repayment of the original borrowing or issuance. Requires all general obligation bonds to be sold at public sales. (Currently, private sales are authorized as well.) (Sec. 159) Reopens the portion of Pennsylvania Avenue in front of the White House to regular vehicular traffic beginning January 1, 1998. (Sec. 160) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require the Secretary, during any control year, to deposit the Federal contribution to the District into an escrow account held by the Authority, which shall allocate such funds to the Mayor. (A control year is any year in which a financial plan and budget approved by the Authority is in effect for periods in which the District is unable to meet certain financial obligations.) Requires District government officials or employees to provide specified congressional committees with information and materials upon request. Bars the use of funds made available in any Act by the District to grant a permit to any person to provide helicopter tours of the District. Title II: District of Columbia Medical Liability Reform - Subtitle A: Standards for Health Care Liability Actions and Claims in the District of Columbia - District of Columbia Medical Liability Reform Act of 1997 - Prohibits a District health care liability action from being brought after the two-year period beginning on the date the alleged injury was, or should have been, discovered. Bars actions five years after the alleged injury occurred. (Sec. 203) Limits noneconomic damages in such actions to $250,000. Permits only several, and not joint, liability with respect to noneconomic damages. (Sec. 204) Permits the award of punitive damages if the claimant establishes that the harm suffered was the result of conduct intended to cause harm or manifesting a conscious, flagrant indifference to the rights or safety of others. Limits punitive damages to the greater of three times the amount of damages awarded for economic loss or $250,000. (Sec. 205) Bars punitive damages against manufacturers or product sellers of drugs or medical devices which caused the claimant's harm if such a drug or device was subject to premarket approval or was approved by the Food and Drug Administration (FDA) or is generally recognized as safe and effective pursuant to FDA regulations. Absolves such manufacturers or product sellers from liability for punitive damages related to actions regarding tamper-resistant packaging unless the packaging or labeling is substantially out of compliance with Department of Health and Human Services regulations. (Sec. 206) Provides for periodic payments in cases where future and noneconomic losses exceed $50,000. (Sec. 207) Authorizes defendants in District health care liability actions to introduce evidence of collateral source payments. Bars providers of such payments from recovering amounts against claimants. Subtitle B: General Provisions - Makes this title inapplicable to actions for damages from vaccine-related injuries or death to the extent that the Public Health Service Act applies to such actions or actions under the Employee Retirement Income Security Act of 1974. Preempts District law to the extent such law is inconsistent with the limitations contained in this title. Provides that this title shall not preempt laws that provide additional defenses or limits to liability. Subtitle C: Effective Date - Applies this title to any District health care liability action and to any claim subject to an alternative dispute resolution system initiated after this title's enactment date. Requires actions or claims arising from injuries occurring prior to such date to be governed by the statute of limitations in effect at the time the injury occurred. Title III: District of Columbia Education Reform Act of 1997 - Subtitle A: Amendments to District of Columbia School Reform Act of 1995 - District of Columbia Education Reform Amendments Act of 1997 - Amends the District of Columbia School Reform Act of 1995 to remove the termination date for such Act. (Sec. 303) Revises the timetable for the approval of public charter school petitions. (Sec. 304) Increases the maximum allowable number of trustees for such schools. (Sec. 305) Requires the Mayor to lease certain unused or current school facilities or properties, at an annual rate of one dollar, to eligible charter school applicants whose petitions have been conditionally approved or a Board of Trustees, subject to certain conditions. Terminates such leases upon: (1) denial of an application to renew, or revocation of, a charter; (2) entry of a judicial order upholding denial or revocation; or (3) termination of a conditional approval. (Sec. 307) Provides for adjustments of annual payments for: (1) schools serving a high number of students to whom room and board in a residential setting are provided; and (2) public charter schools, upon request, to take into account leases or purchases of, or improvements to, real property. (Sec. 309) Revises provisions regarding payments for new schools. Establishes the New Charter School Fund for making annual payments for certain new public charter schools. Authorizes appropriations. (Sec. 310) Changes the eligibility criteria for a specified grant to a private, nonprofit corporation to eliminate the requirement that the business organization be a national organization. Subtitle B: Student Opportunity Scholarships - Authorizes the establishment of a private, nonprofit corporation to be known as the District of Columbia Scholarship Corporation. Establishes the District of Columbia Scholarship Fund in the Treasury. Authorizes appropriations. Requires the Corporation to implement a schedule and procedures for processing student scholarship applications. Lists eligibility requirements for institutions desiring certification for participation in the scholarship program. (Sec. 343) Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to students in kindergarten through grade 12 who are District residents and whose family income does not exceed 185 percent of the poverty line. Sets forth authorized uses of such scholarships, including the payment of tuition and fees at private or independent schools in Maryland and Virginia. (Sec. 349) Requires participating institutions to make annual reports on scholarship students. (Sec. 350) Directs the Comptroller General to enter into a contract for an independent evaluation of the scholarship program, including comparisons of test scores and graduation rates of scholarship students and District public school students of similar backgrounds, parent satisfaction with the program, and the impact of the program on District public schools. Authorizes appropriations. (Sec. 351) Grants the U.S. district court for the District circuit jurisdiction in actions challenging the scholarship program and makes district court orders reviewable by appeal directly to the Supreme Court. (Sec. 352) Makes this subtitle effective for FY 1998 through 2002. Subtitle C: Other Education Reforms - Reduces the number of full-time equivalent employees of District public schools whose principal duty is not classroom instruction. (Sec. 362) Requires District public schools to implement performance benchmarks for teachers, based on student ability to improve by at least one grade level each year on standardized tests, and to establish incentives to encourage teachers to meet such benchmarks. (Sec. 363) Provides for a waiver of certain contracting requirements with respect to construction or maintenance projects in District public schools. (Sec. 364) Makes real property of labor organizations located in the District subject to taxation by the District in the same manner as similar organizations. (Sec. 365) Requires District public school supervisory personnel to be appointed by, and act under the control of, the Emergency Transitional Education Board of Trustees. Considers such personnel at-will employees not covered by the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (Sec. 366) Directs the District Auditor to report to the Congress and specified District entities on the number, and average daily attendance, of students enrolled in public schools. (Sec. 367) Requires the District public schools to submit budgets for FY 1998 for each elementary and secondary school to the Congress. (Sec. 368) Bars the use of funds made available in any Act by the District public schools to provide classroom instruction or child care services to any minor whose parent or guardian does not supply the schools with proof of the State of the minor's residence. (Sec. 369) Prohibits the use or transfer of funds made available in any Act for the District of Columbia School of Law if the school is not fully, unconditionally accredited by the American Bar Association by January 31, 1998. Excepts funds provided to assist students enrolled at the school who are District residents in paying tuition for enrollment at other law schools in the Washington area. (Sec. 370) Waives civil liability for acts or omissions of any person voluntarily providing goods or services to the District public schools. Makes such waiver inapplicable if the act or omission involved gross negligence or an intentional tort or is criminal in nature.
United States · United States Congress · 2 October 1997
Religious Liberty and Charitable Donation Protection Act of 1997 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditors and successor to certain creditor and purchasers. Excludes from "disposable income," for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions. Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity.
United States · United States Congress · 1 October 1997
Marriage Penalty Relief Act - Amends the Internal Revenue Code to allow as a deduction, on a joint return, an amount equal to the lesser of: (1) $30,000; or (2) the qualified earned income of the spouse with the lower qualified earned income.
United States · United States Congress · 26 September 1997
Pfiesteria Research Act of 1997 - Directs the Administrator of the Environmental Protection Agency, the Secretary of Commerce (acting through the Director of the National Marine Fisheries Service), the Secretary of Health and Human Services (acting through the Directors of the National Institute of Environmental Health Sciences and the Centers for Disease Control and Prevention), and the Secretary of Agriculture to: (1) establish a research program for the eradication or control of Pfiesteria piscicida and other aquatic toxins; and (2) make grants to specified colleges, universities, and other entities in affected States for carrying out such research. Authorizes appropriations.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Management of Grazing on Federal Lands Title II: Miscellaneous Forage Improvement Act of 1997 - Title I: Management of Grazing on Federal Lands - Sets forth requirements for grazing on Federal lands concerning: (1) monitoring and inspection; (2) subleasing; and (3) fees and charges. Directs the Secretaries of Agriculture and the Interior to jointly establish and operate a Resource Advisory Council on a State, regional, or local level to provide related land use and management assistance. Title II: Miscellaneous - Sets forth effective date and implementing regulation provisions.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Consumer Bankruptcy Issues Title II: Improved Bankruptcy Administration Responsible Borrower Protection Bankruptcy Act - Title I: Consumer Bankruptcy Issues - Amends Federal bankruptcy law to prescribe guidelines for a needs-based bankruptcy system which precludes individuals from filing for complete relief in bankruptcy (under chapter 7 (Liquidation)) if certain current monthly income is available to pay creditors. (Sec. 101) Sets forth formulae for income levels determinative of debtor eligibility for bankruptcy relief. Treats as having income available to pay creditors (and thus eligible for chapter 13 Adjustment of Debts of an Individual with Regular Income) any individual (or in a joint case, an individual and spouse combined) with: (1) a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size); (2) projected monthly net income greater than $50; and (3) projected monthly net income sufficient to repay 20 percent or more of unsecured non-priority claims during a five-year repayment plan. (Sec. 102) Provides for adjustment to a chapter 13 debtor's monthly net income for extraordinary circumstances such as loss of income or unusual expenses. (Sec. 103) Modifies notice requirements to apprise a consumer debtor of alternatives to bankruptcy, including independent non-profit debt counseling services. (Sec. 104) Declares embezzlement or fraudulently-incurred debts of individuals nondischargeable in bankruptcy. (Sec. 105) Instructs the bankruptcy court to confirm the bankruptcy plan of an individual if it provides that the holder of a secured allowed claim retains the lien securing such claim until discharge of all debts. (Sec. 106) Grants a claim arising from a nondischargeable debt incurred to pay a Federal tax (or any other nondischargeable debt) the same priority as the claim for the underlying obligation which was paid for by such nondischargeable debt. (Sec. 107) Establishes a presumption that consumer debts owed to a single creditor and incurred within 90 days prior to an order for relief in bankruptcy are nondischargeable in bankruptcy. (Sec. 108) Revamps prescriptions governing the effects of conversion from chapter 13 to another chapter. Declares that: (1) valuations of property and of allowed secured claims in a chapter 13 case shall not apply in a chapter 7 case; and (2) with respect to cases converted from chapter 13, the claim of any creditor holding security as of the date of the petition shall continue to be secured by that security unless the full amount of that claim determined under applicable non-bankruptcy law has been paid in full as of the date of conversion. (Sec. 109) Terminates the automatic stay 30 days after filing of a petition if a petition was pending and dismissed under chapter 7 the previous year, unless the subsequent filing is in good faith. Delineates conditions under which a history of previous petitions in bankruptcy give rise to a rebuttable presumption that the case is not filed in good faith. (Sec. 110) Requires that the value of personal property collateral be at least equal to the outstanding balance of the purchase price, including interest and charges, where the property was acquired by the debtor within 180 days of filing the petition in bankruptcy. (Sec. 111) Declares that, in the case of chapter 7 and chapter 13 debtors, the personal property securing the individual debtor's personal property shall be the replacement value as of the date the petition is filed without deduction for costs of sale or marketing. (Sec. 112) Modifies debtor's duties to mandate specified affirmative actions to be taken by a chapter 7 debtor, including reaffirmation of the debt or redemption of the property within 60 days, in order to retain possession of personal property. (Sec. 113) Establishes the Bankruptcy Exemption Study Commission to study and report to the Congress on issues and problems in the bankruptcy system, including whether exemptions should be uniform nationally, and the appropriate size of exemptions in individual cases. Authorizes appropriations. (Sec. 114) Mandates that a chapter 13 debtor file a bankruptcy plan within a specified deadline. (Sec. 115) Changes from discretionary to mandatory the court's authority to dismiss an individual debtor case if relief would be a substantial abuse of chapter 7. Requires the court to find that substantial abuse exists if: (1) the debtor is ineligible for chapter 7 relief under the needs-based test; or (2) the totality of the circumstances of the debtor's financial situation demonstrate substantial abuse. (Sec. 116) Provides for a chapter 7 debtor's assumption of executory contracts and unexpired leases. Declares that in a chapter 11 case in which the debtor is an individual, and in a chapter 13 case, if the lease is not assumed in the plan, it is rejected (and no longer subject to an automatic stay) as of the plan's confirmation date. (Sec. 117) Mandates a maximum five-year payment period under a chapter 13 plan for any individual debtor (or in a joint case, an individual and spouse combined) with a current monthly total income of 75 percent of the national median household income for one earner (or 75 percent of the national median family income for a family of equal size). Permits the court to approve a longer period, not to exceed seven years. (Sec. 118) Revises prescriptions governing a stay of action against a codebtor to provide that: (1) the co-debtor stay would continue to be available when the debtor who borrowed the money sought Chapter 13 relief; but (2) if a guarantor or other co-debtor who did not receive the consideration for the creditor's claim filed for relief, the debtor who borrowed the money would not be protected by a stay unless he or she also filed a bankruptcy petition. Declares that the stay shall terminate as to the debtor's interest in personal property if the debtor surrendered or abandoned that property. (Sec. 120) Includes within the definition of a debtor's "principal residence" an individual condominium or cooperative unit, or mobile, or manufactured home or trailer. Provides that the inclusion of incidental property in a mortgage on the debtor's principal residence will not disqualify that mortgage from protection under chapter 13. Provides that if the debtor resides in a house the debtor owns during the 180 days before filing, such protection applies. States that the automatic stay will not be violated if a prepetition foreclosure proceeding is postponed during the pendency of a Chapter 13 proceeding, so long as any prepetition default remains uncured by actual payment in full according to the plan. (Sec. 121) Extends the mandatory period between discharges in bankruptcy from six to ten years for chapter 7 debtors. Sets five years as the mandatory period between discharges for chapter 13 debt repayment plans. Title II: Improved Bankruptcy Administration - Modifies the organization of bankruptcy courts to mandate the compilation of bankruptcy statistics for individual debtors with primarily consumer debts seeking relief under chapters 7, 11 (Reorganization), and 13. Directs the Administrative Office of the United States Courts (Administrative Office) to make such statistics public and to report them annually to the Congress. (Sec. 202) Requires each U.S. trustee to report to the Attorney General on audit results of bankruptcy petitions and schedules performed by independent certified or licensed public accountants. Requires the Attorney General to establish random audits of individual bankruptcy cases under chapter 11. (Sec. 203) Directs the Administrative Office to establish and maintain a nationwide debtors' docket accessible to searches by any users. (Sec. 204) Revises guidelines governing meetings of creditors and equity security holders to provide that if the debtor is an individual in a voluntary case under chapters 7, 11, or 13, the first meeting of creditors shall not convene earlier than 60 days after the date of the order for relief in bankruptcy, unless the court determines that unusual circumstances justify an earlier meeting. Authorizes a creditor holding a consumer debt to participate in a meeting of creditors in a chapter 7 or 13 case, either alone or in conjunction with an attorney. Prescribes notice procedures for chapter 7 and chapter 13 creditors. (Sec. 207) Revises automatic stay guidelines to provide that in the case of an individual filing under chapters 7, 11, or 13, the automatic stay shall terminate 60 days after a request for its release by a party in interest, unless the court orders or the parties agree to a longer time. Terminates such stay if the debtor fails to complete an intended surrender of consumer debt collateral. (Sec. 210) Expands debtor's duties to require filing with the bankruptcy court: (1) Federal tax returns; (2) evidence of payments received; (3) monthly net income projections; and (4) anticipated debt or expenditure increases. Permits a chapter 7 or chapter 13 creditor to request the debtor's petition, schedules and statement of affairs, including the debt adjustment plan filed by the debtor. Mandates debtor compliance within ten days of such request. Mandates that, at the time of filing with the taxing authority, a chapter 7 or 13 debtor file with the bankruptcy court specified tax documentation pertaining to the period from the commencement of the case until case termination. Requires a chapter 13 debtor to file with the court a statement of income and expenditures in the preceding tax year, and monthly net income, showing how calculated. (Sec. 211) Provides for automatic dismissal if a chapter 7 debtor fails to furnish all mandatory information, or fails to timely file the requisite schedules. Requires the court to order dismissal within five days of a request by a party in interest for the debtor's failure to timely submit requisite documentation. (Sec. 212) Delineates a cash payment plan for chapter 13 debtors for payments to any lessor of personal property and to any creditor holding a claim secured by personal property to the extent such claim is attributable to the debtor's purchase of such property. (Sec. 213) Prohibits a Chapter 13 confirmation hearing from being held less than 20 days after the first meeting of creditors if there is an objection.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 10 September 1997
Expresses the sense of the Congress that the United States should: (1) manage its public domain national forests to maximize the reduction of carbon dioxide in the atmosphere and recognize the scientific validity of carbon sequestration and sinks of trees and wood products; and (2) serve as an example and as a world leader in actively managing such forests in a manner that substantially reduces the amount of carbon dioxide added to the atmosphere.
United States · United States Congress · 8 September 1997
Freedom From Religious Persecution Act of 1997 - Establishes in the Executive Office of the President the Office of Religious Persecution Monitoring, whose Director, appointed by the President, with Senate consent, shall: (1) consider the facts and circumstances of violations of religious freedom presented in certain annual reports on human rights by the Department of State and by independent human rights groups and nongovernmental organizations; (2) make policy recommendations to the President regarding U.S. policies toward governments engaged in religious persecution; and (3) maintain lists of religious persecution facilitating goods and services, and the responsible entities within countries engaged in religious persecution. (Sec. 3) Distinguishes between category 1 religious persecution (conducted by government officials or agents) and category 2 religious persecution (conducted by non-government entities or persons, but which the government fails to undertake serious and sustained efforts to eliminate). (Sec. 5) Requires the Director to report to specified congressional committees on countries and entities engaged in religious persecution, identifying the category of persecution and listing persecution facilitating products, good, and services. (Sec. 7) Prohibits: (1) Federal agencies and U.S. persons from exporting goods, including religious persecution facilitating goods and services, to countries and responsible entities engaged in religious persecution; and (2) U.S. and multilateral assistance to such countries. Declares that no consular officer shall issue a visa to, and the Attorney General shall exclude from the United States, any alien responsible for carrying out acts of religious persecution. (Sec. 8) Provides for the waiver of such sanctions. (Sec. 9) Amends the Immigration and Nationality Act (as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), with respect to eligibility for asylum in the United States, to include under the term "credible fear of persecution" aliens who can claim membership in a community found to be subject to religious persecution. Directs the Attorney General to establish a program to provide training on religious persecution to immigration officers who inspect aliens for admission into the United States. Sets forth procedures for the denial of admission based on religious persecution claims. (Sec. 10) Sets forth requirements with respect to certain State Department human rights reports. Directs the Secretary of State to provide training on the right to religious freedom to chiefs of missions as well as certain Department officials. (Sec. 11) Provides for the termination of sanctions. (Sec. 12) Extends certain existing trade and economic sanctions against Sudan for supporting acts of international terrorism until the Director determines that Sudan has substantially eliminated religious persecution, or no longer supports acts of international terrorism, whichever occurs later. Imposes additional trade, economic, and cultural sanctions against Sudan. Sets forth penalties for violations of certain sanctions. Expresses the sense of the Congress that the President, or, at his discretion, the Secretary of State should convene an international conference of the other industrialized democracies to reach an international agreement to bring about an end to religious persecution in Sudan. Prescribes congressional procedures for implementing such an agreement. Expresses the sense of the Congress that the President should instruct the Permanent Representative of the United States to the United Nations (UN) to propose that the UN Security Council impose measures against Sudan. Makes it U.S. policy to impose additional measures against Sudan if its policy of religious persecution has not ended on or before December 25, 1997.
United States · United States Congress · 31 July 1997
Bilingual Voting Requirements Repeal Act of 1995 (sic) - Amends the Voting Rights Act of 1965 to eliminate certain bilingual voting requirements and related provisions.
United States · United States Congress · 31 July 1997
Declares that the House of Representatives recognizes suicide as a national problem and declares suicide prevention a national priority, acknowledges that no single prevention program will be appropriate for all populations or communities, and encourages certain initiatives, including the development (and the promotion of accessibility and affordability) of mental health services to enable all persons at risk for suicide to obtain services without fear of stigma.
United States · United States Congress · 31 July 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 30 July 1997
Centennial of Flight Commemoration Act - Establishes the Centennial of Flight Commission to: (1) represent the United States and take a leadership role with other countries in recognizing the importance of aviation history and the centennial of powered flight; (2) encourage and promote participation and sponsorships in commemoration of the centennial of powered flight by certain companies, individuals, institutions, organizations, and governments; (3) plan and develop programs and activities with the First Flight Centennial Commission, the First Flight Centennial Foundation of North Carolina, and the 2003 Committee of Ohio; (4) publish a calendar of programs and provide a central clearinghouse for information regarding aviation history and the centennial of powered flight; and (5) coordinate celebration dates during the centennial year and assist in conducting activities relating to the centennial throughout the United States. Authorizes appropriations.
United States · United States Congress · 30 July 1997
Environmental Litigation Abuse Prevention Act of 1997 - Amends the Federal Water Pollution Control Act to provide that, in issuing any final order in any action brought pursuant to such Act, the court shall not award litigation costs (including any attorney's fees or expert witness fees) against any municipality (including the District of Columbia).
United States · United States Congress · 25 July 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to modify the formula for determining the amount of reduced monthly OASDI benefits payable to a spouse, surviving spouse, or parent receiving monthly payments from a Federal or State pension plan.
United States · United States Congress · 24 July 1997
Authorizes the President to present a gold medal to Ecumenical Patriarch Bartholomew in recognition of his outstanding and enduring contributions to religious understanding and peace. Authorizes the Secretary of the Treasury to strike duplicate medals in bronze. Authorizes appropriations from the Numismatic Public Enterprise Fund, where sales proceeds shall be deposited.
United States · United States Congress · 17 July 1997
Genetic Privacy and Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan, and a health insurance issuer offering group coverage, from discriminating in eligibility based on a request for, or receipt of, genetic information or a genetic test. Prohibits such entities from: (1) using genetic information to discriminate in issuance, renewal, premium rates, or benefits; or (2) disclosing or being compelled, by subpoena or any other means, subject to exception, to disclose genetic information about an individual unless authorized by the individual. Amends the Public Health Service Act to apply these prohibitions to coverage in the individual market. Amends Federal law relating to veterans' benefits to mandate standards, consistent with the prohibitions in this Act, regarding genetic information use and disclosure in connection with medical care provided under those provisions. Makes it an unlawful employment practice for an employer to attempt to acquire, acquire, or use genetic information, or to require a genetic test, of an employee or applicant to discriminate or restrict any right or benefit. Regulates employer disclosure of and access to genetic information. Provides for enforcement through the powers, remedies, and procedures in specified provisions of the Civil Rights Act of 1964. Mandates a report by the National Bioethics Advisory Commission to the Congress regarding standards to provide increased protection for the collection, storage, and use of DNA samples and genetic information.
United States · United States Congress · 19 June 1997
Places a four-year moratorium on the promulgation of new or revised national ambient air quality standards for ozone or fine particulate matter under the Clean Air Act by the Administrator of the Environmental Protection Agency. Requires the Administrator, within five years of this Act's enactment date, to: (1) complete a review of the air quality criteria and standards for ozone and particulate matter; and (2) determine whether to retain or revise such standards or promulgate new standards. Directs the Administrator, in reviewing such criteria for particulate matter, to: (1) evaluate any adverse health effects of exposure to airborne particulate matter; (2) determine the amount and size of particles inhaled and retained in the lungs; and (3) investigate the biological mechanisms by which particulate matter may induce adverse health effects. Authorizes the Administrator to require State implementation plans to require air quality monitoring for fine particulate matter and to make grants to States for such purposes. Authorizes appropriations.
United States · United States Congress · 18 June 1997
Prohibits persons sentenced to life in prison or death pursuant to Federal law from receiving gratuitous veterans' benefits (including the right to burial in a national cemetery).
United States · United States Congress · 5 June 1997
District of Columbia Student Opportunity Scholarship Act of 1997 - Authorizes the establishment as a private, nonprofit corporation the District of Columbia Scholarship Corporation to administer, publicize, and evaluate the District of Columbia (District) scholarship program and to determine student and school eligibility for program participation. Establishes the District of Columbia Scholarship Fund, to be administered by the Secretary of the Treasury, through which annual funds shall be provided to the District and used by the Corporation for the program. Authorizes appropriations to the Fund for FY 1998 through 2002. Provides for: (1) organization and management of a Corporation Board of Directors, as well as related offices and staff; and (2) the annual audit of Corporation records. Authorizes the Corporation to award tuition scholarships and enhanced achievement scholarships to District students in kindergarten through grade 12 with family incomes not exceeding 185 percent of the national poverty line. Provides for: (1) scholarship payments and amounts; (2) certification requirements for educational institutions for eligibility to receive payments on behalf of students receiving a scholarship; (3) participation requirements for such institutions, including compliance with the nondiscrimination requirements of the Civil Rights Act of 1964; (4) payments from the Corporation to participating institutions; (5) annual institution reporting requirements; (6) program appraisal by the Comptroller General, performed through an independent evaluation agency (with an authorization of appropriations for such appraisal); (7) an annual program progress report from the Corporation to the appropriate congressional committees; and (8) judicial review of actions challenging the program.
United States · United States Congress · 3 June 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 22 May 1997
Medical Device Regulatory Modernization Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to set forth the Food and Drug Administration (FDA) mission and to mandate annual FDA and Comptroller General reports to specified congressional committees. (Sec. 3) Directs the Secretary of Health and Human Services, when there is a scientific controversy between a regulated person and the Secretary, to establish a procedure under which the regulated person may request a review of the disputed subject matter. (Sec. 4) Revises or imposes requirements regarding: (1) investigational device exemptions; (2) premarket approval requirements (mandating a device review priority); (3) humanitarian device exceptions; (4) safety and effectiveness performance standards (allowing recognition of self-certifiable consensus standards); (5) effectiveness determinations (as used in classifying devices); (6) reliance on postmarket controls to expedite classification; (7) substantial equivalence; (8) labeling (as affecting premarket approval); (9) supplemental applications; (10) promotional material representations; (11) premarket notification; (12) initial classification; (13) classification panels; and (14) premarket approval application review (allowing review by accredited persons). (Sec. 12) Mandates accreditation of persons to review and initially classify devices. (Sec. 13) Mandates publication of a list of types of class III devices that are not subject to regulation under specified provisions and for which the Secretary has determined that premarket approval is unnecessary, requiring each to be regulated as class III subject to general and appropriate special controls. (Sec. 14) Modifies requirements regarding: (1) device tracking; (2) postmarket surveillance; and (3) good manufacturing practice regulations (including foreign harmonization) and inspections (including adding references to accredited entities and post-inspection procedural requirements). (Sec. 17) Removes distributors from recordkeeping and reporting requirements. Removes reporting requirements regarding certain certification and removals and corrections. Mandates new user reporting regulations limiting user reporting to a user subset to create a representative profile of user reports. (Sec. 18) Prohibits subjecting a person to penalties if the person acted in good faith and had no reason to believe the acts violated the law. (Sec. 19) Mandates an information system to track the status of each submission requesting FDA action. (Sec. 20) Prohibits actions by the Secretary of Health and Human Services under the FDCA from requiring the preparation of an environmental assessment or impact statement. (Sec. 22) Regulates communications to non-FDA persons regarding certain matters before completion of related investigations.
United States · United States Congress · 22 May 1997
National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to establish: (1) the National Institute of Biomedical Imaging in the National Institutes of Health; and (2) the National Biomedical Imaging Program. Authorizes appropriations.
United States · United States Congress · 22 May 1997
Small Business Remediation Act of 1997- Requires the maximum level of remediation of dry cleaning solvents in soil, surface water, groundwater, and other environmental media that a Federal, State, local agency, or court may require of a person engaged in dry cleaning, or of the owner of land or a facility in which such a person is conducting dry cleaning, to be one-tenth the equivalent exposure of the workplace standard for such solvents established by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Requires: (1) the National Institute of Environmental Health Sciences to publish in the Federal Register its computation, based on realistic scientific assumptions, of equivalent exposure by ingestion, inhalation, and absorption indices for the general public, for environmental media in nonoccupational circumstances; and (2) the equivalent exposure to be calculated from the workplace standard for dry cleaning solvents which assures that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure for the employee's entire working lifetime. Specifies that nothing in this Act shall: (1) preempt or otherwise prevent a Federal, State, or local government or private party from remediating environmental media to a lower level than the maximum level of remediation at its own cost and expense; or (2) alter or affect the Federal drinking water standards under the Public Health Service Act.
United States · United States Congress · 20 May 1997
Freedom From Religious Persecution Act of 1997 - Establishes in the Executive Office of the President the Office of Religious Persecution Monitoring, whose Director, appointed by the President, with Senate consent, shall: (1) consider the facts and circumstances of violations of religious freedom presented in certain annual reports on human rights by the Department of State and by independent human rights groups and nongovernmental organizations; (2) make policy recommendations to the President regarding U.S. policies toward governments engaged in religious persecution; and (3) maintain lists of religious persecution facilitating goods and services and the responsible entities within countries engaged in religious persecution. (Sec. 3) Distinguishes between category 1 religious persecution (conducted by government officials or agents) and category 2 religious persecution (conducted by non-government entities or persons, but which the government fails to undertake serious and sustained efforts to eliminate). (Sec. 5) Requires the Director to report to specified congressional committees on countries and entities engaged in religious persecution, identifying the category of persecution and listing persecution facilitating products, goods, and services. (Sec. 7) Prohibits: (1) Federal agencies and U.S. persons from exporting goods, including religious persecution facilitating goods and services, to countries and responsible entities engaged in religious persecution; and (2) U.S. and multilateral assistance to such countries. Directs the President, in casting any vote concerning the membership of a country in the World Trade Organization (WTO), to consider as a significant factor that the country is engaged in religious persecution. Directs the Secretary of State to deny the issuance of a visa to, and the Attorney General shall exclude from the United States, any alien responsible for carrying out acts of religious persecution. (Sec. 8) Provides for the waiver of such sanctions. (Sec. 9) Amends the Immigration and Nationality Act (as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), with respect to eligibility for asylum in the United States, to include under the term "credible fear of persecution" aliens who can claim membership in a community found to be subject to religious persecution. Directs the Attorney General to establish a program to provide training on religious persecution to immigration officers who inspect aliens for admission into the United States. Sets forth procedures for the denial of admission based on religious persecution claims. (Sec. 10) Sets forth requirements with respect to certain State Department human rights reports. Directs the Secretary of State to provide training on the right to religious freedom to chiefs of missions as well as certain Department officials. (Sec. 11) Provides for the termination of sanctions. (Sec. 12) Extends certain existing trade and economic sanctions against Sudan for supporting acts of international terrorism until the Director determines that Sudan has substantially eliminated religious persecution, or no longer supports acts of international terrorism, whichever occurs later. Imposes additional trade, economic, and cultural sanctions against Sudan. Sets forth penalties for violations of certain sanctions. Declares it is the sense of the Congress that the President, or, at his discretion, the Secretary of State should convene an international conference of the other industrialized democracies to reach an international agreement to bring about an end to religious persecution in Sudan. Prescribes congressional procedures for implementing such an agreement. Declares it is the sense of the Congress that the President should instruct the Permanent Representative of the United States to the United Nations (UN) to propose that the UN Security Council impose measures against Sudan. Makes it U.S. policy to impose additional measures against Sudan if its policy of religious persecution has not ended on or before December 25, 1997.
United States · United States Congress · 16 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 15 May 1997
Worker Paycheck Fairness Act - Requires a labor union accepting payment of any dues or fees from an employee as a condition of employment to secure from each employee a prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Gives employees a right of civil action against any labor union which violates this requirement. Requires employers to post notice relating to such requirement. Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members.
United States · United States Congress · 15 May 1997
Declares that the Congress: (1) maintains that the standard for the "Made in USA" label should continue to be that a product was all or virtually all made in the United States; and (2) urges the Federal Trade Commission to refrain from lowering the standard at the expense of consumers and jobs in the United States.
United States · United States Congress · 8 May 1997
Lewis and Clark Expedition Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar and half-dollar coins emblematic of the expedition of Lewis and Clark. Allocates surcharges from coin sales between the National Lewis and Clark Bicentennial Council and the National Park Service for activities associated with the bicentennial commemoration of the expedition.
United States · United States Congress · 8 May 1997
Military Recruit Training Policy Restoration Act of 1997 - Directs the Secretaries of the military departments concerned to require that basic training (or its equivalent) at the company level and below (at the group level and below, with respect to the Air Force) be conducted through separate units for male and female recruits. Allows only male officers to command and serve as drill instructors in a male training unit, and only female officers to command and serve as drill instructors in a female training unit.
United States · United States Congress · 8 May 1997
Constitutional Amendment - Declares that: (1) to secure the people's right to acknowledge God according to the dictates of conscience, the people's right to pray and to recognize their religious beliefs, heritage, or traditions on public property, including schools, shall not be infringed; and (2) the Government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion.
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
Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations.
![Official portrait of Rep. Taylor, Charles H. [R-NC-11]](https://www.congress.gov/img/member/t000067_200.jpg)