United States · United States Congress · 25 June 1997
TABLE OF CONTENTS: Title I: Pension ProSave Plans Title II: Establishment of Pension ProSave System Subtitle A: Definitions Subtitle B: Establishment of Pension ProSave System Title III: Pension Portability Clearinghouse Title IV: Simplified Defined Benefit Plans Pension ProSave Act - Title I: Pension ProSave Plans - Amends the Internal Revenue Code with respect to deferred compensation and other matters to establish a system under which any employer may establish a Pension ProSave Plan: (1) for the exclusive benefit of its employees and their beneficiaries; and (2) the only contributions to which are contributions to Pension ProSave Accounts established on behalf of such employees. Specifies requirements for contributions, vesting, distributions and loans, and reporting. Provides that a Pension ProSave Plan shall be treated in the same manner as a qualified pension, profit-sharing, or stock bonus plan including a certain kind of tax-exempt trust. Title II: Establishment of Pension ProSave System - Subtitle A: Definitions - Sets forth definitions for purposes of this Act. Subtitle B: Establishment of Pension ProSave System - Directs the Board of Directors of the Pension Portability Clearinghouse (established by this Act) to establish a system of Pension ProSave Accounts under which: (1) employers and employees may make contributions on behalf of employees under a Pension ProSave Plan; (2) individuals may make qualified rollover contributions to Pension ProSave Accounts; and (3) amounts in the Pension ProSave Accounts are invested, and loans and distributions of amounts in such Accounts are made, as provided in this Act. Title III: Pension Portability Clearinghouse - Establishes the Pension Portability Clearinghouse within the executive branch of the Government and the Pension Portability Clearinghouse Advisory Council. Title IV: Simplified Defined Benefit Pla ns - Amends the Internal Revenue Code to set forth a simplified method for complying with pension requirements.
United States · United States Congress · 12 June 1997
Landmine Elimination Act of 1997 - Prohibits, beginning on January 1, 2000, funds appropriated or otherwise available to any Federal department or agency from being obligated or expended for new deployments of anti-personnel landmines. Requires the Secretary of Defense to report to the Congress on actions and proposals to substitute for new deployments of such landmines on the Korean Peninsula. Allows the President to delay application of the prohibition with respect to the Peninsula if, not later than January 1, 2000, and each year thereafter, the President certifies the Congress that new deployments of anti-personnel landmines on the Peninsula in the event of a Korean war or a period of emergency in Korea declared by the President would be indispensable to the defense of the Republic of Korea in such year.
United States · United States Congress · 12 June 1997
Women's Business Centers Act of 1997- Amends the Small Business Act to: (1) authorize the Administrator of the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct five-year (currently, three-year) demonstration projects to benefit small businesses owned and controlled by women; (2) adjust the level of cash contributions required from Federal and non-Federal sources for each of the five years of the projects; (3) require each assistance applicant to submit a five-year (currently, three year) plan on proposed fund raising and training activities under a project; (4) allow each recipient to receive such assistance for five years (in lieu of three); (5) establish within the SBA the Office Of Women's Business Ownership to administer SBA's women's business enterprise programs; (6) require the SBA to report biennially to the small business committees on the effectiveness of projects conducted under this Act; and (7) increase the annual authorization of appropriations for such programs.
United States · United States Congress · 10 June 1997
Employment Non-Discrimination Act of 1997 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority or office to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Prohibits related retaliation and coercion. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits: (1) quotas and preferential treatment; and (2) the Equal Employment Opportunity Commission from entering into a consent decree that includes a quota or preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except regarding employment in a position the duties of which pertain solely to activities of the organization that generate unrelated business income subject to taxation under specified Internal Revenue Code provisions); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States or a State liable for all remedies (except punitive damages, with compensatory damages available to the extent specified in certain existing provisions of law) to the same extent as under specified provisions of the Civil Rights Act of 1964. Allows recovery of attorney's fees. Requires posting notices for employees and applicants.
United States · United States Congress · 9 June 1997
National Motor Vehicle Safety, Anti-theft, Title Reform, and Consumer Protection Act of 1997 - Amends Federal transportation law to require States, in licensing a passenger motor vehicle whose ownership has been transferred, to disclose on the certificate of title whenever records indicate that such vehicle was previously issued a title that contained a term or symbol signifying that it was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or that it has been damaged by flood. Directs the Secretary of Transportation to issue regulations requiring each State in licensing such vehicles to apply specified uniform standards, procedures, and methods for the issuance and control of motor vehicle titles and for information to be contained on such titles. Directs the Secretary to prescribe requirements (similar to those of the Automobile Information Disclosure Act) that a label containing certain information be affixed to the windshield or window of a rebuilt or remanufactured salvage vehicle before its first sale. Prohibits a person from willfully removing, altering, or rendering illegible such label before the vehicle is delivered to the ultimate purchaser. Makes it unlawful for any person knowingly and willfully to: (1) make false statements on an application for a motor vehicle title; (2) fail to apply for a salvage title when such application is required; (3) alter, forge, or counterfeit a certificate of title, a nonrepairable vehicle certificate, a certificate verifying an anti-theft inspection or an anti-theft and safety inspection, or a required decal affixed to a passenger motor vehicle; (4) falsify the results of an inspection; (5) offer to sell any salvage vehicle or nonrepairable vehicle as a rebuilt salvage vehicle; or (6) conspire to commit any of these acts. Sets forth civil and criminal penalties for violations of this Act.
United States · United States Congress · 5 June 1997
TABLE OF CONTENTS: Title I: Educational Technology Training for New Teachers Title II: Educational Technology Training for In-Service Teachers Technology for Teachers Act - Title I: Educational Technology Training for New Teachers - Directs the Secretary of Education to reserve certain funds for technical assistance and evaluation. (Sec. 102) Authorizes the Secretary to make planning or implementation grants, on a competitive basis, to State educational agencies (SEAs) for new teacher training in educational technology. Provides for direct grants to schools of education in a State if that State's SEA does not receive a grant. (Sec. 103) Requires SEAs to award grants to schools of education for new teacher training in educational technology. (Sec. 104) Sets forth requirements for: (1) applications and review criteria for Federal grants to SEAs; (2) SEA grants to schools of education for new teacher training in educational technology; and (3) schools of education grant applications to SEAs, including review criteria. (Sec. 107) Requires maintenance of effort by SEAs and schools of education and supplementation rather than supplanting of other public funds. (Sec. 108) Directs the Secretary to carry out the program authorized by this title through the Office of Educational Technology in the Office of the Deputy Secretary of the Department of Education. (Sec. 109) Authorizes appropriations. Title II: Educational Technology Training for In-Service Teachers - Authorizes the Secretary to make planning or implementation grants, on a competitive basis, to State educational agencies (SEAs) for in-service teacher training in educational technology. Provides for direct grants to local educational agencies (LEAs) in a State if that State's SEA does not receive a grant. (Sec. 202) Requires SEAs to award grants to LEAs for in-service teacher training in educational technology. (Sec. 203) Sets forth requirements for: (1) applications and review criteria for Federal grants to SEAs; (2) SEA grants to LEAs for in-service teacher training in educational technology; and (3) schools of education LEA grant applications to SEAs, including review criteria. (Sec. 206) Requires maintenance of effort by SEAs and LEAs and supplementation rather than supplanting of other public funds. (Sec. 207) Directs the Secretary to carry out the program authorized by this title through the Office of Educational Technology in the Office of the Deputy Secretary of the Department of Education. Provides for program participation of private school teachers. (Sec. 208) Authorizes appropriations.
United States · United States Congress · 21 May 1997
Amends the Internal Revenue Code to exclude gain or loss from the sale of livestock (as defined in existing provisions relating to property used in the trade or business and involuntary conversions) from the definition of "disqualified income" for purposes of the earned income credit. Applies the amendment to taxable years beginning after December 31, 1995.
United States · United States Congress · 20 May 1997
Equity in Prescription Insurance and Contraceptive Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan, and a health insurance issuer providing group coverage, from: (1) excluding or restricting benefits for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services; (2) denying eligibility based on use or potential use of such items or services; (3) providing monetary payments or rebates to a covered individual to encourage acceptance of less than the minimum protections available; (4) penalizing, reducing, or limiting a professional's reimbursement because the professional prescribed such drugs or devices or provided such services; or (5) providing incentives to a professional to induce the professional to withhold drugs, devices, or services. Amends the Public Health Service Act to apply those prohibitions to coverage offered in the individual market.
United States · United States Congress · 15 May 1997
College Affordability and High Standards Act of 1997 - Directs the Secretary of Education to award competitive grants to State or local educational agencies to carry out specified activities under three-year demonstration programs to expand access for low-income individuals to advanced placement (AP) incentive programs. Declares that such a grant shall be awarded for a fiscal year only if the College Board maintains in that fiscal year the minimum amount of its expenditure for the previous fiscal year for the College Board Fee Assistance Program. Authorizes appropriations. Amends the Higher Education Act of 1965 (HEA) and the Elementary and Secondary Education Act of 1965 to make AP programs a priority for Byrd Scholarships, Javits Gifted and Talented Students, Upward Bound, Eisenhower professional development, Star Schools, and education technology grants. Requires each institution of higher learning receiving HEA assistance to distribute to secondary school counselors or AP coordinators in the State information on academic credit given to students at the institution for AP test scores. Revises HEA requirements for grants to States for advanced placement test fee reimbursement programs. Extends the authorization of appropriations.
United States · United States Congress · 7 May 1997
Distilled Spirits Tax Payment Simplification Act of 1997 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray a portion of the costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.
United States · United States Congress · 6 May 1997
Strategic Petroleum Reserve Replenishment Act - Authorizes the Secretary of Energy to use underutilized Strategic Petroleum Reserve facilities to store petroleum product owned by a foreign government or its representative. Makes funds resulting from the leasing or other use of a Reserve facility available to the Secretary for the purchase of petroleum products for the Reserve without further appropriation.
United States · United States Congress · 30 April 1997
Children's Health Insurance Provides Security (CHIPS) Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to offer an enhanced Federal match to States with Medicaid plans that provide for: (1) coverage of pregnant women, infants, and children under age six with family income between 133 and 150 percent of the poverty line, as well as older children with family income between 100 and 150 percent of the poverty line; and (2) continuous eligibility for a 12-month period for children under any age the State specifies (up to age 19). Gives States the option to: (1) expand Medicaid eligibility to 150 percent of the poverty line for children over one year of age; and (2) extend coverage to all children under age 19. Prohibits any employer which elects to make employer health insurance contributions on behalf of an employee (or dependent) from conditioning, or varying, such contributions with respect to any such individual by reason of his or her eligibility for Medicaid. Authorizes appropriations to the Secretary of Health and Human Services for grants to States, localities, and nonprofit entities to promote outreach efforts to enroll eligible children under Medicaid and related programs.
United States · United States Congress · 22 April 1997
Requests that a nationwide moment of remembrance be observed on Memorial Day, May 26, 1997, by the simultaneous pausing of all citizens to acknowledge the playing of "Taps" at 3:00 p.m. (Eastern Standard Time) in honor of the Americans who gave their lives in the pursuit of freedom and peace.
United States · United States Congress · 16 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 · 15 April 1997
Directs the Secretary of Education to deem timely any State's submission on March 10 or March 12, 1997, of certain written notices of intent to consider specified payments under the Elementary and Secondary Education Act of 1965 in providing State aid to local educational agencies for school year 1997-1998. Authorizes the Secretary to require such a State to submit appropriate additional information, which shall be considered part of such notice.
United States · United States Congress · 15 April 1997
Health Insurance Tax Equity for Self-Employed Act - Amends the Internal Revenue Code to increase the deduction allowed for health insurance costs for self-employed individuals to 100 percent.
United States · United States Congress · 14 April 1997
Allows a disabled individual who has or is granted the privilege of the Senate floor to bring those supporting services (including service dogs, wheelchairs, and interpreters) on the Senate floor as are determined by the employing or supervising office to be necessary to assist the individual in discharging his or her official duties.
United States · United States Congress · 9 April 1997
Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing.
United States · United States Congress · 9 April 1997
TABLE OF CONTENTS: Title I: Level and Distribution of Funds Title II: Program Streamlining Title III: Reduction of Regulation Title IV: Effective Date; Transition Rules Surface Transportation Authorization and Regulatory Streamlining Act - Title I: Level and Distribution of Funds - Authorizes appropriations for FY 1998 through 2003 out of the Highway Trust Fund other than the Mass Transit Account (Highway Fund) for: (1) the National Highway System (NHS); (2) the Surface Transportation Program (STP); (3) the Federal Lands Highways Program (including Indian reservation roads, public lands highways, and parkways and park roads); (4) the Cooperative Federal Lands Transportation Program; and (5) U.S. territories. (Sec. 102) Directs the Secretary of Transportation (Secretary), beginning in FY 1999, to publish in the Federal Register specified information concerning the use of, and methods of apportionment for, the additional highway account revenues authorized under this Act. Requires 60 percent of such amounts to be apportioned for the NHS, and 40 percent for the STP. (Sec. 103) Provides further apportionment of authorized funds within programs under the NHS and STP. Requires population determinations for apportionment purposes to be based on the most recent estimates prepared by the Secretary of Commerce. (Sec. 104) Provides an apportionment adjustment program under which: (1) Puerto Rico is provided specified additional highway funds; and (2) additional apportionments are made, according to specified apportionment percentages, to low-population-density States (20 individuals or less per square mile) and small States (population of 1.5 million or fewer in a land area of 10,000 square miles or less). Provides five calculation levels for the determination of appropriated amounts to such States. Authorizes appropriations for such additional apportionments out of the Highway Fund for FY 1998 and thereafter. Repeals certain prior apportionment adjustment programs. (Sec. 105) Decreases from three and three-fourths to two the percentage of apportionment funds to be spent on administrative expenses and appropriate highway and transportation research. Requires such expense deduction to be made only after the completion of all other aspects of calculating the apportionment. Requires one percent of NHS and STP funds annually to be set aside for metropolitan planning activities. Directs the Secretary to undertake an enhanced level of research to determine methods of reducing the long- and short-term costs of constructing and maintaining asphalt pavement in areas with severe or frequent freeze-thaw cycles. Requires the Secretary, in selecting research topics, allocating funds, and promoting and developing transportation systems, to give careful consideration to the national interest in transportation issues, infrastructure, and modern transportation technology related to rural areas. (Sec. 106) Authorizes appropriations for FY 1998 through 2003 from the Highway Fund to carry out the recreational trails program under the Intermodal Surface Transportation Efficiency Act of 1991. Provides a State apportionment formula and a deduction of up to three percent for administrative expenses. Limits the Federal share to 80 percent of the cost of a recreational trails project. Provides for matching funds from Federal grant programs. (Sec. 107) States that nothing in this Act establishes a limitation on the total of all obligations for any fiscal year for Federal-aid highways and highway safety construction programs. Provides specific rules for any such limitations, including: (1) a distribution formula for FY 1998 and thereafter; (2) the redistribution of unused obligation authority; (3) the authority to obligate up to an additional five percent of all funds apportioned to a State for such programs; and (4) the maintenance of overall program balance. Title II: Program Streamlining - Requires each State, beginning with FY 1998, to certify to the Secretary that: (1) it has reserved an amount for bridge expenditures that is not less than the amount apportioned to such State for such purpose for FY 1997; or (2) the amount the State will reserve to carry out bridge projects between FY 1998 and 2003 will be no less than six times the amount appropriated to the State for such purpose for FY 1997. Directs the Secretary, beginning with FY 1998, to set aside specified amounts for discretionary bridge projects. Repeals provisions: (1) requiring an inventory of highway bridges on public roads and park and Indian reservation bridges; (2) concerning the replacement or rehabilitation of bridges and apportionment of funds for such purpose; (3) concerning bridge inventory reports; and (4) providing for an off-system bridge program as well as a historic bridge program. (Sec. 201) Provides a specified set-aside from the STP for highway safety programs and related activities for FY 1998 through 2003. Allows such funds to be used for the installation of protective devices at railway-highway crossings. Provides further set-asides for such fiscal years for: (1) transportation enhancement activities; and (2) congestion mitigation and air quality improvement activities. (Sec. 202) Repeals NHS provisions which require the Secretary to remove from designation as a part of the Interstate System (IS) each segment for which that State has not notified the Secretary that it intends to construct such segment and which the Secretary finds is not essential to the completion of a unified and connected IS. (Sec. 203) Repeals provisions concerning: (1) the transfer to the apportionments of a State of amounts not used for IS segment construction costs, resurfacing, restoring, or rehabilitating; and (2) the placing of funding limitations on IS highway or bridge expansion which does not involve high-occupancy-vehicle lanes or auxiliary lanes. (Sec. 204) Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation (DOT) limitation relating to the type of ambient air quality standard addressed by such project. Makes eligible under the STP the placement of funds in a State infrastructure bank approved by the Secretary. Removes a limitation concerning STP projects undertaken on roads classified as local or rural minor collectors. Revises provisions regarding: (1) the determination by a State of its allocation formula used for the apportionment of STP funds for division between urbanized areas of over 200,000 population for FY 1998 and thereafter; and (2) State certification procedures. Extends through FY 2003 the STP obligation authority with respect to such urbanized areas. (Sec. 205) Increases from $300,000 to $500,000 the funds required to be expended by the Secretary to carry out a public information program aimed at preventing and reducing motor vehicle accidents, injuries, and fatalities, and improving driver performance, at railway-highway crossings. Repeals current set-asides for IS and NHS discretionary programs. (Sec. 206) Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Title III: Reduction of Regulation - Directs the Secretary to carry out a periodic review of all significant DOT rules to determine which should be amended, rescinded, or continued without change. Requires publication of a plan for such review. (Sec. 302) States that any decision by the Secretary concerning a State transportation plan or program shall not be considered a Federal action subject to review under the National Environmental Policy Act of 1969. (Sec. 303) Removes the requirement that, after September 30, 2000, a State must use or plan to use metric system designations as part of a Federal-aid highway project. Title IV: Effective Date; Transition Rules - Makes this Act effective on the date of enactment and applicable only to funds authorized to be appropriated or made available after September 30, 1997, except as otherwise specified. Provides for State transfers of unobligated funds apportioned to the State before October 1, 1997.
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 · 8 April 1997
Child Health Insurance and Lower Deficit Act - Amends the Public Health Service Act to authorize each State to establish a children's health insurance program. Requires participating States to contract with insurance issuers, ensure that policies are available to all eligible children, and provide certain premium and cost sharing payments. Mandates coverage equivalent to the medical assistance available under title XIX (Medicaid) of the Social Security Act. Requires each participating State, for each area served by a health center, to contract directly with the health center for direct services. Bases eligibility on family income (as a percentage of the poverty line), with assistance paid to the issuer (or, for a child receiving direct services, to the provider). Regulates the amount of grants to States. Provides for taking into account cost variations among States. Authorizes appropriations. Allows a State to use up to a specified percentage of the grants to meet the needs identified in the statewide needs assessments prepared under provisions of the Social Security Act relating to preventive and primary care services for pregnant women, mothers, and infants up to age one. Prohibits an employer that elects to make health coverage contributions from conditioning or varying the contributions because of an individual's eligibility for assistance under provisions of this Act. Provides for the application of specified provisions of title XXVII (Assuring Portability, Availability, and Renewability of Health Insurance Coverage) of the Public Health Service Act relating to preexisting conditions, portability, eligibility, guaranteed availability, and network plans and financial capacity.
United States · United States Congress · 20 March 1997
TABLE OF CONTENTS: Title I: United States Patent and Trademark Organization Subtitle A: Establishment of the United States Patent and Trademark Organization Subtitle B: Effective Date; Technical Amendments Subtitle C: Miscellaneous Provisions Title II: Early Publication of Patent Applications Title III: Patent Term Restoration Title IV: Prior Domestic Commercial Use Title V: Patent Reexamination Reform Title VI: Miscellaneous Patent Provisions Omnibus Patent Act of 1997 - Title I: United States Patent and Trademark Organization - United States Patent and Trademark Organization Act of 1997 - Subtitle A: Establishment of the United States Patent and Trademark Organization - Establishes the United States Patent and Trademark Organization as a wholly owned Government corporation under the policy direction of the Secretary of Commerce (Secretary). Requires the Organization to maintain an office in the District of Columbia metropolitan area. Makes the Organization responsible for authorizing the transfer of up to $100,000 in any year to the Department of State for special payments to international intergovernmental organizations for studies and programs to advance international cooperation concerning patents, trademarks, and related matters. Authorizes the Organization to retain and use all of its revenues and receipts. (Sec. 113) Vests management of the Organization in a Director of the United States Patent and Trademark Organization (Director) who shall be appointed by the President. Requires the Director to take specified actions, including: (1) advising the President of all activities of the office undertaken in response to U.S. obligations under treaties and executive agreements or which relate to cooperative programs with foreign governmental authorities responsible for granting patents or registering trademarks; (2) representing the United States, at the President's direction, in international negotiations on matters of patents or trademarks; (3) maintaining a program for identifying national security positions and providing for appropriate security clearances; (4) ensuring that the United States Patent and Trademark offices each prepare appropriation requests, adjust fees to provide sufficient revenues to cover expenses, and expend funds derived from such fees only for the functions of such offices; and (5) appointing Commissioners of Patents and Trademarks, respectively. Exempts the Organization from any administratively or statutorily imposed limitation on positions or personnel and from provisions governing Federal employees, with exceptions, including those relating to retirement, health benefits, life insurance, and labor-management relations. (Sec. 114) Revises Federal provisions to establish as separate administrative units of the Organization the United States Patent and Trademark Offices. Provides for the establishment of Patent and Trademark Office Management Advisory Boards to review the policies, goals, performance, budget, and user fees of their respective Offices and a Board of Patent Appeals and Interferences within the Patent Office. Sets forth provisions regarding annual reporting requirements to the Congress by, and funding of, such Offices. (Sec. 116) Sets forth provisions regarding: (1) suits by and against the Organization; (2) funding of Organization activities; and (3) transfer of functions, funds, and property. Subtitle B: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. Sets forth technical and conforming amendments to patent and trademark law and the Inspector General Act of 1978. Subtitle C: Miscellaneous Provisions - Makes existing appropriations and funds for the performance of functions, programs, and activities terminated pursuant to this title available for termination expenses. Title II: Early Publication of Patent Applications - Patent Application Publication Act of 1997 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors at the time of filing, the publication of rejected applications, with exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance opposition that did not exist before its adoption. (Sec. 203) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent Office at any such time during the pendency of the application as required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specifications, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 204) Sets forth provisions regarding provisional rights with respect to royalties, including rights based on substantially identical inventions, time limits on obtaining a reasonable royalty, and requirements for international applications (including directing the Commissioner to require the applicant to provide a copy of such application and a translation thereof). (Sec. 205) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application filed earlier by another person in the United States, with exceptions. (Sec. 208) Provides that, if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or legal holiday, the period of pendency shall be extended to the next succeeding business day. Title III: Patent Term Restoration - Modifies Federal patent law to restore to the patent holder any part of the term that is lost because of undue administrative delay caused by specified factors, such as an unusual administrative delay by the Patent Office in issuing the patent, subject to specified limitations. Defines "unusual administrative delay" as the failure to take specified actions, such as the failure to issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. Title IV: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1997 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense; (2) effective and serious preparation; (3) burden of proof; (4) abandonment of use; (5) who may assert the defense; (6) a one-year limitation; (7) unsuccessful assertion of the defense; and (8) invalidity of a patent. Title V: Patent Reexamination Reform - Patent Reexamination Reform Act of 1997 - Amends Federal patent law to expand reexamination request authority to authorize the filing of such requests by any person on the basis of patent specification requirements except for the best mode requirement. (Current law permits reexamination requests only on the basis of prior art.) Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters: (1) one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any Patent Office action on the merits of reexamination; and (2) the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from asserting at a later time the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Prohibits: (1) patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published; and (2) a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. Title VI: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application, under specified conditions. (Sec. 602) Grants: (1) benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country under specified conditions; and (2) applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. (Sec. 603) Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall include the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States. (Sec. 604) Amends Federal patent provisions to authorize electronic filing of patent and trademark documents.
United States · United States Congress · 20 March 1997
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 18 March 1997
Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving a current or former household or family member, intimate partner, or caretaker. Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity or a court order. Prohibits disclosure or transfer of an applicant's or insured's location or telephone number. Requires insurers to develop and follow written procedures to protect the safety and privacy of an abuse subject. Requires an insurer that takes any adverse action regarding an abuse subject to advise the individual of the specific reasons for the action. Prohibits subrogation of claims resulting from abuse without the consent of the abuse subject. Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act. Provides for a private cause of action against an insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer.
United States · United States Congress · 13 March 1997
American Indian Transportation Improvement Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to: (1) extend and increase through FY 2002 the authorization of appropriations for Indian reservation roads under the Federal lands highway program; (2) permit up to three percent of the funds allocated for Indian reservation roads for a fiscal year to be used for providing mass transportation services to Indian tribes; and (3) exclude funds made available under the Federal lands highway program for a public land highway constructed on an Indian reservation from the apportionment adjustments, hold harmless provisions. (Sec. 5) Revises requirements regarding the scenic byway programs to: (1) require the Secretary of Transportation to provide technical assistance and make grants to Indian tribes for the planning and development of Indian tribe scenic byway programs; (2) provide for a Federal share of 80 percent for the costs of planning and development of Indian tribe scenic byway programs; and (3) extend such programs through FY 2002, requiring that not less than one percent of funds made available for a fiscal year be used to make competitive grants to Indian tribes for the planning and development of Indian tribe scenic byway programs. (Sec. 6) Amends Federal law concerning highways to define the terms: (1) "Indian tribal transportation department"; and (2) "Indian tribe." (Sec. 7) Revises the requirement regarding acceptance by the Secretary of certification relating to certain highway or other transportation construction projects to include Indian tribes. (Sec. 8) Revises the requirement regarding the allocation of apportioned funds for highway safety programs to require that not less than one percent of the ten percent of funds made available to a State under the surface transportation program for transportation enhancement activities for a fiscal year be transferred to, and used by, the Secretary to make competitive grants to Indian tribes for transportation enhancement activities. (Sec. 9) Repeals requirements regarding set asides for Indian reservation bridges under the highway bridge replacement and rehabilitation program. Replaces them with a requirement providing for an amount equal to one percent of the highway bridge replacement and rehabilitation program funds available to be apportioned to States, to be allocated to the Secretary for projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges that are part of the Indian reservation road system, with priority given to bridges with the highest level of deficiency. (Sec. 10) Revises the requirement with respect to the set aside for technical assistance centers to: (1) extend and increase through FY 2002 the amount of funding set aside for technical and financial support for such centers; and (2) require that the set aside amount include at least $1 million per fiscal year for each of the Indian technical centers established. (Sec. 11) Revises requirements relating to highway safety programs to: (1) remove reference to "political subdivision of a State" with respect to the application of the requirements on Indian reservations; and (2) require that 95 percent of funds for highway safety programs on Indian reservations be apportioned to Indian tribes (currently such funds are apportioned to the Secretary of the Interior). (Sec. 12) Amends Federal law concerning transportation to revise the requirement relating to the set-asides from the Mass Transit Account of the Highway Trust Fund to require that not less than one percent is available for transportation services to Indian tribes: (1) under an allocation formula, to be established by the Secretary through negotiations with Indian tribes; and (2) with respect to any fiscal year commencing before the formula is established, under an allocation formula established by the Administrator of the Federal Transit Administration.
United States · United States Congress · 13 March 1997
Expresses the sense of the Congress that cost-of-living adjustments for Federal retirees should be paid beginning in January of each year, as current law prescribes, and should not be delayed, whether as part of a budget agreement or otherwise.
United States · United States Congress · 12 March 1997
New Mexico Statehood and Enabling Act Amendments of 1997 - Amends Federal law to provide for distributions from the permanent trust funds of New Mexico, including all interest, dividends, other income, and appreciation in the market value of assets of the funds to be prudently invested on a total rate of return basis, and to be made as provided in the Constitution of the State of New Mexico. Declares that the Congress consents to the amendments to the Constitution of the State of New Mexico approved by the voters of New Mexico on November 5, 1996.
United States · United States Congress · 11 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 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 that the Secretary, acting through the CDC, shall 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 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 data and information collected under this Act. Authorizes appropriations.
United States · United States Congress · 10 March 1997
Safe and Sober Streets Act of 1997 - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that considers as intoxicated an individual who has an alcohol concentration level of 0.08 percent or greater while operating a motor vehicle in such State. Allows funds withheld from a State during FY 2001 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years.
United States · United States Congress · 5 March 1997
Provides for a specified increase in Federal judicial salaries. Amends the Federal judicial code to: (1) provide for annual judicial cost-of-living adjustments; and (2) base such adjustments upon the Federal General Schedule. Amends Federal law to repeal the requirement that the Congress must vote for judicial cost-of-living adjustments.
United States · United States Congress · 5 March 1997
Border Infrastructure Safety and Congestion Relief Act of 1997 - Authorizes the Secretary of Transportation to make grants to border States (California, Arizona, New Mexico, and Texas) for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA); or (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Establishes the Border Transportation Infrastructure Fund. Authorizes appropriations. Authorizes the Secretary, at the Attorney General's request, to transfer up to $10 million of amounts from the Fund to the Attorney General for construction of transportation infrastructure necessary for law enforcement in border States. Amends the National Highway System Designation Act of 1995 to authorize appropriations for making lines of credit available to: (1) border States that have established infrastructure banks to advance transportation infrastructure projects supporting international trade and commerce in the region; and (2) the New Mexico Border Authority. Authorizes appropriations to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA. Expresses the sense of a specified Senate committee that the programs authorized under this Act should be fully financed in a budget neutral manner by offsetting receipts derived from customs duties and fees.
United States · United States Congress · 5 March 1997
Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Removes a restriction on electing the alternative incremental credit.
United States · United States Congress · 4 March 1997
Commends the 3,600 students who have been selected to participate in the William Randolph Hearst Foundation Senate Youth Program between 1962 and 1997.
United States · United States Congress · 27 February 1997
Primary Care Health Practitioner Incentive Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act, with respect to payments for medical and other health services, to cover services which would be physicians' services if furnished by a physician but: (1) which are performed by a clinical nurse specialist; and (2) which the clinical nurse specialist is legally authorized to perform by the State. Eliminates the requirement, with respect to such services performed by a nurse practitioner, that they be performed in a skilled nursing facility or other specified nursing facility. Covers, in addition, other services and supplies incidental to such services. Revises the formula for payment from the Federal Supplementary Medical Insurance Trust Fund for such services (thereby increasing such payment). Repeals the rural area restriction on services performed by nurse practitioners or clinical nurse specialists for which direct payment may be made. Requires a ten percent bonus payment from the Fund for services of a nurse practitioner or clinical nurse specialist furnished in a health professional shortage area.
United States · United States Congress · 27 February 1997
Medicare Cancer Clinical Trial Coverage Act of 1997 - Directs the Secretary of Health and Human Services to establish a demonstration project which provides for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs for Medicare beneficiaries with cancer who are enrolled in an approved clinical trial program, while still applying the beneficiary cost sharing provisions of such program to project participants. Directs the Secretary to study and report to the Congress on the impact on Medicare of covering such costs as well as the cost of extending routine patient care coverage to Medicare beneficiaries with a diagnosis other than cancer.
United States · United States Congress · 27 February 1997
Blind Persons Earnings Equity Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to restore the link ended by the Senior Citizens' Freedom to Work Act of 1995 between the rules relating to substantial gainful activity for blind individuals and the rules relating to excess earnings under the social security earnings test for individuals who have attained retirement age (thus allowing blind individuals, once again, to earn up to the social security excess earnings threshold without being regarded as having demonstrated an ability to engage in substantial gainful activity and without losing entitlement to OASDI benefits).
United States · United States Congress · 27 February 1997
Physician Assistant Incentive Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to repeal restrictions on the setting of services provided by physician assistants for which payment may be made. Permits the specified payment for physician assistant services, and services and supplies furnished as an incident to physician assistant services, on an assignment-related basis only. Requires a bonus Medicare payment to physician assistants employed in specified health professional shortage areas. Revises the definition of an employment relationship for physician assistants to include any independent contractor arrangement. Subjects the determination of employer status to State law.
United States · United States Congress · 26 February 1997
TABLE OF CONTENTS: Title I: Hemophilia Relief Fund Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs Ricky Ray Hemophilia Relief Fund Act of 1997 - Title I: Hemophilia Relief Fund - Establishes in the Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. (Sec. 103) Specifies that any individual who has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual meets one of the following conditions: (1) has a blood-clotting disorder and was treated with blood-clotting agents between July 1, 1982, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that the following conditions be met with respect to such individual: (1) the individual submit to the Secretary of Health and Human Services written medical documentation that the individual has an HIV infection; (2) a petition for payment be filed with the Secretary by or on behalf of such individual; and (3) that the Secretary determine that the claim meets the requirements of this Act. (Sec. 105) Specifies that any right under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. (Sec. 106) Prohibits the Secretary from making any payment with respect to any petition filed under this Act unless the petition is filed within three years after the enactment of this Act. Title II: Treatment of Certain Private Settlement Payments in Hemophilia-Clotting-Factor Suit under the Medicaid and SSI Programs - Prohibits a settlement payment from being considered income or resources in determining a class member's eligibility for, or the amount of: (1) medical assistance under the Medicaid program; or (2) benefits under the Supplemental Security Income program. Defines the terms: (1) "class member"; and (2) "settlement payment.
United States · United States Congress · 25 February 1997
Law Enforcement Officers' Bill of Rights Act of 1997 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except if on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply if an officer is under investigation that could lead to disciplinary action. Includes as rights of officers under investigation, the right to be notified of the investigation within a reasonable time after the commencement of the investigation and to be informed in writing of the investigative findings and any recommendation for disciplinary action. Requires that the questioning of such an officer be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation not less than 72 hours before any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel). Requires, with respect to an investigation of a law enforcement officer that results in a recommendation of disciplinary action, notice of an opportunity for a hearing, a determination of a violation, time limits for filing disciplinary charges, and notice of the filing of charges. Sets forth additional disciplinary action provisions regarding representation entitlement, provision of a hearing board and procedures, access to evidence, identification of witnesses, entitlement to a copy of the investigative file (except that the law enforcement agency may exclude confidential sources unless the officer is entitled to such sources), examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 25 February 1997
Amends the Elementary and Secondary Education Act of 1965 to provide for teacher technology training. Requires schools to give attention to professional development that incorporates technology used to improve teaching and learning. Requires professional development activities to include instruction in the use of technology. Adds technology to the list of core subject areas for the National Teacher Training Project grants program (Dwight D. Eisenhower Professional Development Program). Requires local plans for improving teaching and learning to include descriptions of how their core subject area programs will incorporate technologies which meet the educational needs of individuals who are from historically underrepresented groups, or are economically disadvantaged, or have limited English language abilities, or have disabilities. Requires authorized professional development activities to incorporate effective technology for meeting the educational needs of diverse groups of students. Includes technological innovation as a higher education activity to improve teacher education programs.
United States · United States Congress · 13 February 1997
Rural States Highway Preservation Act of 1997 - Amends Federal highway provisions to direct the Secretary of Transportation, for FY 1998 and thereafter, to increase and set aside an additional amount of Federal highway funds for allocation (according to a specified formula) to States that: (1) have population densities of fewer than 20 individuals per square mile; and (2) comprise a land area of 10,000 square miles or more.
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