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
Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. (Sec. 2) Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2002. Extends the duration of copyrights in their renewal term at the time of the effective date of this Act to 95 years from the date such copyrights were originally secured. Permits an author or owner of a termination right, subject to certain conditions, to terminate a transfer or license of a renewal (executed before January 1, 1978) of a copyright (other than a work made for hire) subsisting in its renewal term on the effective date of this Act, for which the termination right has not been exercised, and has expired, by such date. Allows termination of a transfer or license grant at any time during the five years beginning at the end of 75 years from the date the copyright was originally secured. (Sec. 3) Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either of such conditions applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives. (Sec. 4) Declares that the distribution of phonorecords before January 1, 1978, shall not constitute publication of the musical work embodied therein for purposes of copyright infringement under the Copyright Act of 1909. Provides that this declaration shall not be a basis to reopen an action nor to commence a subsequent action for copyright infringement if an action in which such claim was raised was dismissed by final judgment before the date of enactment of this Act.
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 · 19 March 1997
Declares that it is U.S. policy that the residents of Puerto Rico should be afforded periodically the opportunity freely to express a preference for preserving its current political status or choosing to seek U.S. statehood or separate sovereignty (independence or free association). Requires a referendum on these questions to be held by December 31, 1998. Sets forth specified requirements with respect to the referendum and implementation of its results. Makes funds derived from excise taxes collected on rum imported into the United States and deposited into the treasury of Puerto Rico available for grants to the State Elections Commission of Puerto Rico for: (1) costs of conducting the referendum; and (2) voter education.
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 · 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 · 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 · 4 March 1997
Mississippi Sioux Tribes Judgment Fund Distribution Act of 1997 - Provides for distribution to, and use of certain funds by, the Sisseton and Wahpeton Tribes of Sioux Indians. (Sec. 4) Directs the Secretary of the Interior, one year after enactment of this Act, to distribute specified amounts to the tribal governing body of the: (1) Spirit Lake Sioux Tribe of North Dakota; (2) Sisseton and Wahpeton Sioux Tribe of South Dakota; and (3) Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana. Designates the Sisseton and Wahpeton Sioux Council of the Assiniboine and Sioux Tribes as the tribal governing body of the Assiniboine and Sioux Tribes of the Fort Peck Reservation. (Sec. 5) Directs each tribal governing body, as a condition for receiving the distributed funds, to establish a tribal trust fund for the benefit of the covered Indian tribe under its jurisdiction. Requires that each tribal governing body serve as the trustee of, and administer, the trust fund. (Sec. 6) Prohibits funds distributed to a covered Indian tribe from being used to make per capita payments to members of the covered Indian tribe. Allows funds distributed to be used by a tribal governing body only for the purpose of making investments or expenditures that the tribal governing body determines to be related to: (1) economic development that is beneficial to the covered Indian tribe; (2) the development of resources of the covered Indian tribe; or (3) the development of a program that is beneficial to members of the covered Indian tribe, including educational and social welfare programs. Directs the Secretary to conduct an annual audit. (Sec. 7) Sets forth provisions concerning the effect of payments to a covered Indian tribe or an individual on eligibility for, or the reduction or denial of, Federal benefits. Prohibits subjecting a payment made to a covered Indian tribe or individual under this Act to Federal or State income tax. (Sec. 8) Directs the Secretary, not later than one year after enactment, to distribute a specified amount to the lineal descendants of the Sisseton and Wahpeton Tribes of Sioux Indians.
United States · United States Congress · 3 March 1997
TABLE OF CONTENTS: Title I: Medicare Reimbursement for Telehealth Services Title II: Telehealth Licensure Title III: Periodic Reports to Congress from the Joint Working Group on Telehealth Title IV: Development of Telehealth Networks Comprehensive Telehealth Act of 1997 - Title I: Medicare Reimbursement for Telehealth Services - Directs the Secretary of Health and Human Services to make payments from the Federal Supplementary Medical Insurance Trust Fund under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) in accordance with a specified payment methodology for professional consultation via telecommunications systems with an individual or entity furnishing a service for which payment may be made to a Medicare beneficiary residing in a rural or an underserved area, notwithstanding that the individual health care provider providing the professional consultation is not at the same location as the individual furnishing the service to that beneficiary. (Sec. 101) Directs the Secretary to report to the Congress: (1) a detailed analysis of how telemedicine and telehealth (T&T) systems are expanding access to health care services, clinical efficacy and cost-effectiveness of T&T applications, quality of T&T services delivered, and the reasonable cost of telecommunications charges incurred in practicing T&T in rural, frontier, and underserved areas; and (2) an examination of the possibility (including the potential costs to the Medicare program) of making similar payments for such services to Medicare beneficiaries who do not reside in a rural or an underserved area, are homebound or nursing homebound, and for whom being transferred for health care services imposes a serious hardship. Title II: Telehealth Licensure - Directs the Secretary to report to the appropriate congressional committees on: (1) providers licensed to provide telehealth services across State lines, including the number and types of providers licensed to provide them in more than three States; (2) any reciprocal or other licensure agreements between or among various States; (3) any efforts to develop uniform national sets of licensure standards for interstate telehealth services; (4) a projection of future interstate telehealth consultations; (5) State efforts to increase or reduce licensure as a burden to interstate telehealth practice; and (6) any State licensure requirements that appear to constitute unnecessary barriers to interstate telehealth services. (Sec. 202) Directs the Secretary to report annually to the appropriate congressional committees on relevant developments concerning such matters. Provides that, if States are not making progress in facilitating interstate telehealth services by eliminating unnecessary requirements, adopting reciprocal licensing arrangements, implementing uniform licensure requirements, or other means, the Secretary must include in the report recommendations on the Federal actions required to reduce licensure as a barrier to the interstate provision of telehealth services. Title III: Periodic Reports to Congress from the Joint Working Group on Telehealth - Redesignates the Joint Working Group on Telemedicine as the Joint Working Group on Telehealth, with the chairperson designated by the Director of the Office of Rural Health Policy. Makes it the mission of the Joint Working Group on Telehealth to: (1) identify, monitor, coordinate, and analyze Federal telehealth projects, data sets, and programs; and (2) make further recommendations for coordination of Federal and State efforts to increase access to health services, education, and information in rural and underserved areas. Requires the Joint Working Group to report annually to the Congress on mission status and the state of the telehealth field generally. (Sec. 301) Authorizes appropriations. Title IV: Development of Telehealth Networks - Directs the Secretary, acting through the Director of the Office of Rural Health Policy, to provide specified financial assistance to eligible providers to expand access to health care services for individuals in rural and frontier areas through the use of telehealth. Authorizes appropriations.
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
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
Constitutional Amendment - Grants authority to: (1) the Congress to set reasonable limits on contributions and expenditures made by, in support of, or in opposition to, a candidate for nomination or election to Federal office; (2) a State to set reasonable limits on contributions and expenditures made by, in support of, or in opposition to, a candidate for nomination or election to State or local office; and (3) the Congress to implement and enforce this amendment by legislation.
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
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.
United States · United States Congress · 13 February 1997
Expresses support for: (1) the work of the National Lewis and Clark Bicentennial Council and all the Federal, State, and local entities and other interested groups that are preparing bicentennial activities to celebrate the 200th anniversary of the Lewis and Clark Expedition during the years 2004 through 2006; and (2) the events to be held in observance of the expedition at St. Louis, Missouri, in 2004, Bismarck, North Dakota, in 2005, and many other cities during such observance. Calls upon the President, the Secretary of the Interior, the Director of the National Park Service, American Indian tribes, other public officials, and U.S. citizens to support, promote, and participate in the many bicentennial activities being planned to commemorate the expedition.
United States · United States Congress · 11 February 1997
Medigap Portability Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental (Medigap) policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days), if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medigap policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medigap policy to conduct a consumer satisfaction survey of the enrollees under such contract or policy, and make the results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medigap policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants.
United States · United States Congress · 5 February 1997
Time for Schools Act of 1997 - Amends the Family and Medical Leave Act of 1993 to allow employees covered by such Act to take up to 24 hours, during any 12-month period, of school involvement leave to participate in: (1) an activity of their child's school; or (2) literacy training under a family literacy program. Amends Federal civil service law to apply the same school involvement leave allowance to Federal employees.
United States · United States Congress · 5 February 1997
Bear Protection Act - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, purchasing, or possessing it with intent to sell or barter, transporting, acquiring, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Requires the Secretary of the Interior and the United States Trade Representative to discuss issues involving such trade with representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary to report to the Congress on the progress of efforts to end illegal trade in bear viscera.
United States · United States Congress · 4 February 1997
Biennial Budgeting and Appropriations Act - Amends the Congressional Budget Act of 1974 (CBA) to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Sets forth a special timetable for any first session that begins in any year immediately following a leap year and during which the term of a President begins (except one who starts a second successive term). (Sec. 2) Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes certain deadlines to conform to the biennial scheme. Devotes each second session to authorization activity, subject to specified deadlines. (Sec. 3) Revises provisions relating to the reconciliation process. (Sec. 4) Sets forth revised pay-as-you-go provisions for the Senate. (Sec. 5) Conforms provisions governing the President's budget to the biennial framework. (Sec. 6) Requires all Acts making regular appropriations for the support of the Government to be enacted for a biennium and to specify the amount of appropriations provided for each fiscal year in that period. (Sec. 7) Amends CBA to provide that it shall not be in order in the House of Representatives or the Senate to consider: (1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than two fiscal years, unless the program, project, or activity for which the funds are to be spent is of less than two years duration; and (2) in any odd-numbered year, any authorization or revenue bill or joint resolution (but not including an appropriations measure or reconciliation bill) until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills. Provides that, in the Senate, such point of order shall not apply to: (1) any measure that is privileged for consideration pursuant to a rule or statute; or (2) any matter considered in Executive Session. (Sec. 8) Directs the Comptroller General, during the second session of each Congress, to give priority to requests from Congress for audits and evaluations of Government programs and activities. (Sec. 9) Makes appropriations for the second year of a biennium necessary to continue, at the first year rate of operations, projects and activities funded by any regular appropriation Act that provides funding only for the first year of a biennium. (Sec. 10) Changes to a biennial basis specified requirements for certain Government strategic and performance plans, performance reports in budget submissions, and program performance reports. Requires congressional committee reviews of such plans and reports. (Sec. 11) Provides that it shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority under the jurisdiction of all of the subcommittees of the Committees on Appropriations for a period other than each of the fiscal years of the biennium. (Sec. 12) Requires the Director of the Office of Management and Budget to report to specified congressional committees on the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a two-year budget process based on the two-year period.
United States · United States Congress · 4 February 1997
Approves the presidential finding submitted to the Congress on January 31, 1997, that the prohibition on the obligation or expenditure of foreign assistance funds for population planning activities or other population assistance before July 1, 1997, imposed by provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 is having a negative impact on the proper functioning of the population planning program.
United States · United States Congress · 4 February 1997
Allows the acting Director of the Office of Senate Fair Employment Practices to continue to serve on a temporary and intermittent basis, in accordance with a contract entered into with the President pro tempore of the Senate on the recommendation of the Majority and Minority Leaders. Provides that the contract shall include provisions permitting removal of the Director at any time. Authorizes the President pro tempore to extend, by mutual agreement between the President pro tempore and a hearing officer, a contract that was entered into by the Director and the hearing officer before the adoption of this resolution. Rescinds the Director's authority concerning the staff of the Office. Prohibits the Office from approving vouchers for its expenses, except for a hearing officer's compensation with the approval of the Senate Committee on Rules and Administration (Committee). Requires the approval of the President pro tempore and the Committee for any voucher for the Director's compensation or for reimbursement of expenses for a private document carrier. Retains the Director's authority to make payments for the Office's expenses, excluding disbursement of salaries of employees who are paid at an annual rate. Requires the Secretary of the Senate to make available amounts not to exceed $5,000 from the resolution and reorganization reserve of the miscellaneous items appropriations account, within the contingent fund of the Senate, for use by the Office through FY 1997.
United States · United States Congress · 30 January 1997
Amends the Internal Revenue Code to apply the special treatment of livestock sold or involuntarily converted on account of drought conditions also to livestock sold or converted because of flood or other weather-related conditions.
United States · United States Congress · 30 January 1997
TABLE OF CONTENTS: Title I: Additional Empowerment Zones Title II: New Empowerment Zones and Enterprise Communities Title III: Expensing of Environmental Remediation Costs Title I: Additional Empowerment Zones - Amends the Internal Revenue Code to increase from: (1) 9 to 11 the number of areas which may be designated as empowerment zones; (2) six to eight the number of such zones which may be in urban areas; and (3) 750,000 to 1,000,000 the aggregate population allowable in all urban area zones. Title II: New Empowerment Zones and Enterprise Communities - Permits, before January 1, 1998, the designation, in the aggregate, of an additional: (1) 80 nominated areas as enterprise communities; and (2) 20 nominated areas as empowerment zones, subject to availability of eligible nominated areas. Modifies eligibility criteria. Prohibits: (1) applying the employment credit to the new empowerment zones; and (2) in certain developable sites, application of increased expensing provisions for certain depreciable business assets. Modifies provisions concerning: (1) enterprise facility zone bonds; and (2) the enterprise zone business definition. Title III: Expensing of Environmental Remediation Costs - Permits a taxpayer to treat certain hazardous substance remediation expenditures as expenses not chargeable to capital account and therefore deductible in the year in which paid or incurred.
United States · United States Congress · 28 January 1997
Value-added Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), by 30 days after the annual National Trade Estimate is due, to identify those foreign countries that: (1) deny fair and equitable market access to U.S. value-added agricultural products, or that apply standards to such imports that are not related to public health concerns (or cannot be substantiated by reliable analytical methods); and (2) are priority foreign countries (which engage in the most egregious acts, policies, or practices that deny market access to, or whose acts, policies, or practices have the greatest adverse impact on, U.S. value-added agricultural products). Prescribes certain requirements with respect to the identification of such countries. Requires the USTR to report annually to specified congressional committees on actions taken, and on progress made, in achieving market access for U.S. value-added agricultural products. Authorizes the USTR, with respect to the identification of such foreign countries, to request that the Secretary of Agriculture direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such countries that export meat and other agricultural products to the United States.
United States · United States Congress · 28 January 1997
Fair Trade in Meat and Pork Products Act of 1997 - Directs the United States Trade Representative (USTR), for purposes of identifying foreign countries not in compliance with the terms of any trade agreement with the United States, to determine whether the European Union has failed to implement its obligations under the Exchange of Letters, the Agreement on the Application of Sanitary and Phytosanitary Measures, or any other agreement. Requires the USTR, in the event of such a failure, to: (1) promptly request proceedings under the formal dispute settlement procedures applicable under the agreement; and (2) request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for European Union facilities that export meat and other agricultural products to the United States.
United States · United States Congress · 28 January 1997
Constitutional Amendment - Prohibits Government outlays from exceeding receipts for any fiscal year, unless a three-fifths roll call vote of each House of Congress provides by law for a specific excess of outlays over receipts. Prohibits an increase in the limit on the U.S. public debt, unless a three-fifths roll call vote of each House provides by law for such an increase. Directs the President, before each fiscal year, to propose to the Congress a balanced budget for that fiscal year. Prohibits any bill to increase revenue from becoming law unless approved by a majority roll call vote of each House. Authorizes the Congress to waive this Article for any fiscal year in which: (1) a declaration of war is in effect; or (2) the United States is engaged in military conflict which causes an imminent and serious military threat to national security and is so declared by a joint resolution, adopted by a majority of each House, which becomes law. Includes in total receipts all Government receipts except those derived from borrowing, and includes in total outlays all Government outlays except those for repayment of debt principal. Excludes from receipts or outlays the receipts (including attributable interest) and outlays of the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds (as and if modified to preserve the solvency of the Funds) used to provide old age, survivors and disabilities benefits. Requires this Article to take effect beginning with the later of FY 2002 or the second fiscal year beginning after its ratification.
United States · United States Congress · 22 January 1997
Family Farm Alternative Minimum Tax Relief Act of 1997 - Amends the Internal Revenue Code to make the alternative minimum tax inapplicable to specified farm property installment sales.
United States · United States Congress · 22 January 1997
Family and Medical Leave Fairness Act of 1997 - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite.
United States · United States Congress · 21 January 1997
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex. Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement applicable to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks. Requires EEOC to train its employees and affected individuals and entities on matters involving discrimination in the payment of wages. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. Authorizes appropriations to the EEOC and to the Secretary to carry out this Act.
United States · United States Congress · 21 January 1997
Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act - Establishes in the Treasury the Lower Brule Sioux Tribe Infrastructure Development Trust Fund which shall receive funds from the power program of the Pick-Sloan Missouri River basin program until a specified Fund aggregate is attained. Directs the Tribe, in consultation with the Secretaries of the Interior and of Health and Human Services, to develop a plan for the socioeconomic recovery and cultural preservation of the Lower Brule Sioux Tribe. Authorizes appropriations.
United States · United States Congress · 21 January 1997
Commission on the Year 2000 Computer Problem Act - Establishes the National Commission to Address the Year 2000 Computer Problem to conduct a study of the history of the year 2000 computer problem, providing for the following: (1) a brief analysis of the history and background concerning the reasons for the occurrence of the year 2000 computer problem; (2) a determination of the costs of reviewing and rewriting computer codes for both the Federal Government and State governments for a specified period immediately following enactment; (3) an analysis of the implications of the year 2000 computer problem with respect to intergovernmental and integrated systems; (4) a determination of the period of time necessary (including testing) to remedy the computer problem; (5) the development of recommended balanced and sound contracts to be used in necessary Federal procurement with respect to using private contractors in the computer industry, including contracts to carry out compliance with measures to remedy the computer problem for computer programs and systems; and (6) an analysis of the effects and potential effects on the U.S. economy that would result if the computer problem is not resolved by June 1999.
United States · United States Congress · 21 January 1997
Employee Educational Assistance Act - Amends the Internal Revenue Code to: (1) permanently extend the exclusion from gross income of employer-provided educational assistance; and (2) restore the exclusion for such assistance on the graduate level.
United States · United States Congress · 21 January 1997
Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Mandates establishment of a collaborative program to conduct and support research, training, and dissemination of information regarding the cause, prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.
United States · United States Congress · 21 January 1997
Medicaid Substance Abuse Treatment Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage. Requires that such coverage continue for at least 12 months, except in certain circumstances, such as where the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility. Allows a State agency to grant exceptions to such limit. Prohibits the facility from being licensed as a hospital. Caps the number of nationwide beds for which Federal assistance may be provided under such residential treatment programs. Increases such annual bed cap for calendar years 1998 through 2002. Addresses treatment needs of pregnant addicted Indian and Alaska Native women in Indian Health Service areas.
United States · United States Congress · 21 January 1997
Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
United States · United States Congress · 21 January 1997
Higher Education Bond Parity Act - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.
United States · United States Congress · 21 January 1997
Agricultural Safety Net Act of 1997 - Amends the Agricultural Market Transition Act to revise marketing assistance loan rates for wheat, feed grains, upland and extra long staple cotton, and oilseeds. Authorizes six-month loan extensions. Amends the Federal Crop Insurance Act to authorize coverage for reduced or prevented planting revenue loss. Amends the Consolidated Farm and Rural Development Act to give loan priority to projects for farmer-owned value-added processing facilities.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Taxation of Capital Gains and Losses Title II: Retirement Savings Title III: Performance Stock Options Title IV: Employer-Provided Training Title V: Estate Tax Relief Title VI: Transportation Investment Targeted Investment Incentive and Economic Growth Act of 1997 - Title I: Taxation of Capital Gains and Losses - Amends the Internal Revenue Code (IRC) to recognize gain from the sale of any small business investment, if a taxpayer so elects, only to the extent that the amount realized from such sale exceeds the cost of any other eligible small business investment purchased within six months, reduced by any portion of such cost previously taken into account. (Sec. 102) Triples the amount of loss, which otherwise would be treated as a loss from the sale or exchange of a capital asset, which an individual may treat as an ordinary loss on small business stock issued to such individual. Provides for the application of such treatment to partnership interests. (Sec. 103) Makes the 50 percent exclusion for gain from the sale or exchange of certain qualified small business stock available to corporations. Doubles the aggregate gross assets permitted a qualifying small business concerning such exclusion. Repeals the minimum tax preference. (Sec. 104) Revises provisions concerning the exclusion of gain from the sale of a principal residence for individuals who are 55 or older to, among other things: (1) remove any reference to the taxpayer's age; (2) double the dollar limitation; (3) reduce from three out of five years to two out of five years the period during which the property must have been used as the principal residence; and (4) make the exclusion applicable to one sale or exchange every two years, rather than applicable to only one sale or exchange. Title II: Retirement Savings - Increases from $2,000 to $2,500 the maximum deduction allowable for contributions to individual retirement plans. (Sec. 202) Adds a new section to the IRC which, subject to limitations, provides that if a taxpayer has a qualified net farm gain from the sale of a qualified farm asset, then, the taxpayer can elect that the gain from the sale shall be recognized only to the extent that such gain exceeds the contributions to one or more asset rollover accounts for the taxpayer for the year in which the sale occurs. Title III: Performance Stock Options - Adds a new section to the IRC which provides, under stated conditions, that if the transfer of a share of stock to an individual pursuant to the exercise of a performance stock option is made and no disposition of such share is made within one year of the transfer then: (1) no income shall result to the individual; (2) no deduction shall be allowed to the employer; and (3) no amount, other than the price paid under the option, shall be considered as received by the employer. (Sec. 302) Excludes from gross income 50 percent of the gain from the disposition of any stock acquired pursuant to the exercise of a performance stock option, if such disposition occurs more than two years after the date on which such option was exercised with respect to such stock. Title IV: Employer-Provided Training - Extends indefinitely the exclusion for employer educational assistance programs. (Sec. 402) Provides for a study of nondiscrimination rules applicable to educational assistance programs. Title V: Estate Tax Relief - Adds a new section to the IRC which provides, in general, that, in the case of certain estates, the value of the gross estate shall not include the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate; or (2) $900,000, reduced by the amount of any exclusion allowed under such new section with respect to the estate of a previously deceased spouse of the decedent. (Sec. 502) Increases the portion of the estate tax subject to the four percent interest rate. (Sec. 503) Exempts cash rentals of farmland or other land used for a trade or business from recapture of the special estate tax valuation when a qualified heir rents such property on a net cash basis to a member of the decedent's family if, during the period of the lease, such member of the decedent's family uses such property for farming or for the trade or business. Title VI: Transportation Investment - Provides for the use by the States of a portion of their unobligated balances of apportioned Highway Trust Fund revenues for transportation infrastructure improvements.
United States · United States Congress · 21 January 1997
Extends veterans' benefits to an individual who served as a member of the U.S. merchant marine between August 16, 1945, and December 31, 1946, who, during that period, was licensed or otherwise documented by an officer or employee of the United States authorized to license or document such an individual as a crewmember of a vessel that at the time of service was: (1) operated by the War Shipping Administration or the Office of Defense Transportation, or an agent thereof; (2) operated in waters other than inland waters, the Great Lakes, other lakes, bays, and harbors of the United States; (3) under contract, charter to, or property of, the U.S. Government; and (4) serving the armed forces. Establishes application procedures. Requires the issuance of a certificate of honorable discharge to an individual who performed qualified service. Deems qualified service to be active duty in the armed forces during a period of war for purposes of eligibility for benefits. Sets forth provisions regarding: (1) reimbursement of the Secretary for benefits provided under this Act; and (2) an application processing fee.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Cattle Industry Improvement Title II: Market Access for United States Meat Products Subtitle A: Identification of Countries Subtitle B: Review of Third Country Meat Directive Cattle Industry Improvement Act of 1997 - Title I: Cattle Industry Improvement - Amends the Packers and Stockyards Act, 1921 to prohibit noncompetitive practices relating to the price or terms of sale of livestock or meat and meat by-products. (Sec. 102) Amends the Agricultural Marketing Act of 1946 to set forth domestic market reporting requirements for certain persons in the slaughter business. Defines "captive supply." (Sec. 103) Amends the Agricultural Trade Act of 1978 with regard to imported livestock and meat food products reporting requirements. (Sec. 104) Amends the Packers and Stockyards Act, 1921 to prohibit retaliation by packers against livestock producers. Provides damages for producers suffering such retaliation. (Sec. 105) Directs the Secretary of Agriculture (Secretary) to establish an interagency working group to review whether Federal lending practices are contributing to livestock and dairy market concentration, and whether related Federal policies adequately consider price volatility and weather risks. (Sec. 106) Directs the President to prepare a consolidation plan for the U.S. food inspection system. (Sec. 107) Amends the Federal Meat Inspection Act to require a labeling system for U.S.-produced meat and meat food products. Authorizes appropriations. (Sec. 108) Expresses the sense of the Senate regarding the interstate shipment of State-inspected meat, poultry, and eggs. (Sec. 109) Directs the Secretary to provide for a regular exchange of cattle production data with Canada. Title II: Market Access For United States Meat Products - Meat Products Market Access Act of 1997 - Subtitle A: Identification of Countries - Amends the Trade Act of 1974 to direct the United States Trade Representative (Representative) to identify priority foreign countries that deny market access for U.S. meat and meat products. Sets forth identification and related provisions. Subtitle B: Review of Third Country Meat Directive - Makes specified findings regarding the European Union's (EU) Third Country Meat Directive and its negative effect on U.S. meat exports. Directs the Representative to: (1) determine whether the EU has failed to implement certain related obligations; and (2) if it has so failed, request dispute settlement and certification review of EU facilities that import meat and agricultural products into the United States.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Improved Fairness in Retirement Plan Benefits Subtitle C: Improving Retirement Plan Coverage Subtitle D: Simplifying Plan Requirements Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Title III: Portability Title IV: Toward Equity for Women Title V: Date for Adoption of Plan Amendments Retirement Security Act of 1997 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Chapter 1: Contributions To Individual Retirement Plans Through Payroll Deductions - Amends the Internal Revenue Code (IRC) to establish, through a private entity awarded a contract by the Secretary of Labor, a payroll deduction and investment system, under which: (1) eligible employees, through employer payroll deductions, may make contributions to individual retirement plans; and (2) amounts in the individual retirement plans are invested according to certain requirements. (Sec. 103) Sets forth system provisions for: (1) contributions to individual retirement plans; (2) investment options; (3) accounting and information; (4) administrative costs; (5) fiduciary responsibilities, liability and penalties, bonding, and investigative authority; and (6) selection of contractor. (Sec. 108) Authorizes appropriations: (1) for the Secretary of Labor to design and award the contract for such system; and (2) for the contractor to begin operations under this chapter. Chapter 2: Nonrefundable Tax Credit for Contributions to Individual Retirement Accounts - Amends IRC to allow a nonrefundable tax credit for a portion of contributions to individual retirement plans, calculated according to a specified scale. Chapter 3: Expanded Individual Retirement Accounts to Increase Coverage and Portability - Subchapter A: IRA Deduction - Raises the income limitations for the individual retirement account (IRA) tax deduction, with a corresponding adjustment to the formula for the phaseout of such limitations. (Sec. 122) Prescribes an inflation adjustment for the IRA deductible amount and income limitations. Subchapter B: Distributions and Investments - Allows the use of distributions from individual retirement plans, without additional tax, to: (1) purchase first homes; (2) pay higher education expenses; or (3) pay financially devastating medical expenses. (Sec. 132) Requires that contributions to individual retirement plans (other than special individual retirement accounts) be held for at least five years in certain cases before they may be distributed without specified tax consequences. Chapter 4: Periodic Pension Benefits Statements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise provisions relating to periodic pension benefits statements in cases of defined benefit plans, defined contribution plans, and multiemployer plans. Subtitle B: Improved Fairness in Retirement Plan Benefits - Amends IRC to require a specified minimum employer contribution to simple retirement accounts. Provides for an option to suspend employer contributions. Amends ERISA with respect to fiduciary duties in the case of such accounts. (Sec. 152) Sets forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 153) Increases from $75,000 to $80,000 one of the compensation criteria for a highly compensated employee. Excludes specified categories of employees from the meaning of highly compensated employee. Subtitle C: Improving Retirement Plan Coverage - Allows a tax credit for the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 162) Sets forth a special limitation rule for governmental and multiemployer plans, allowing annual benefits of up to $90,000. Exempts certain excess benefit arrangements from the $7,500 or one third of includible compensation limit for annual benefits. Prohibits such benefits from being taken into account in determining whether any other plan is an eligible deferred compensation plan. Provides a similar annual benefit exemption for survivor and disability benefits under multiemployer plans. (Sec. 163) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 164) Sets forth special rules to treat contributions by self-employed individuals as matching contributions. (Sec. 165) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods for purposes of employee contributions. (Sec. 166). Amends the IRC to revise the limits on contributions excluded from the calculation of non-deductible contributions for purposes of the tax on non-deductible contributions to a qualified employer plan. Subtitle D: Simplifying Plan Requirements - Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 172) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 173) Revises IRC nondiscrimination and minimum participation rules with respect to governmental plans. (Sec. 174) Eliminates specified ERISA requirements for plan descriptions and for filing of summary plan descriptions and descriptions of material modifications to a plan. (Sec. 175) Directs the Secretaries of the Treasury and of Labor to expand their efforts to examine existing guidance regarding notice, recordkeeping, and operational requirements for retirement plans, in order to permit the use of new technologies by plan sponsors and administrators in ways which maintain the protection of the rights of participants and beneficiaries. Title II: Security - Subtitle A: General Provisions - Amends ERISA to provide investment protection for specified plans that include qualified cash or deferred arrangements under IRC (401(k) plans) by setting limitations on investment in employer securities and employer real property by cash or deferred arrangements. Provides a transition rule for plans holding excess securities or property. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC 401(k) plans. Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 203) Directs the Secretary of Labor to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 204) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 205) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 206) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 207) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 208) Directs the Secretary of Labor to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). (Sec. 209) Expresses the sense of the Congress that the Secretary of the Treasury should: (1) review existing correction mechanisms to determine whether modifications might facilitate additional utilization by sponsors, improve voluntary compliance, and hasten the correction of pension plans; (2) consider whether additional means of addressing nonegregious violations should be explored; and (3) make appropriate legislative recommendations. Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to repeal a limited scope audit requirement for employee pension benefit plans. Requires an accountant, in offering an opinion in the case of an employee pension benefit plan, to rely, to the extent consistent with generally accepted auditing standards, on the work of any independent public accountant of any bank or similar institution or insurance carrier that holds assets or processes transactions of the employee pension benefit plan, provided that such bank, institution, or insurance carrier is regulated, supervised, and subject to periodic examination by a State or Federal agency. (Sec. 212) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 213) Amends ERISA and the IRC to exempt from the prohibition against assignment or alienation of an accrued pension benefit offsets for certain civil and criminal judgments against fiduciaries. Changes from mandatory to discretionary the imposition and amount of civil penalties for breach of fiduciary responsibilities. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC 401(k) plans. (Sec. 303) Amends ERISA and IRC with respect to accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. Title IV: Toward Equity for Women - Amends the IRC with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in plan is not treated as participation by the individual's spouse. (Sec. 402) Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 403) Amends the IRC and ERISA with respect to division of pension benefits upon divorce to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to the former spouse. (Sec. 404) Amends Federal civil service law to revise requirements for: (1) election of alternative deferred annuities by the surviving spouses of Federal employees; and (2) payment of lump-sum credit for former spouses of Federal employees (to state that payment to a person bars recovery by any other person). (Sec. 406) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Tax Incentives for Higher Education Title II: Educational Facilities Improvement Title III: America Reads Challenge Subtitle A: Parents As First Teachers Challenge Grants Subtitle B: Challenging America's Young Readers Title IV: Investing in Technology for the Classrooms Subtitle A: Sense of the Senate Subtitle B: Educational Technology Clearinghouses Education for the 21st Century Act - Title I: Tax Incentives for Higher Education - Amends the Internal Revenue Code to establish a refundable tax credit (Hope Tax Credit) of up to $1,500 (inflation-adjusted) per academic year for higher education expenses (tuition and academic fees) of the first two years of post-secondary education. Reduces such credit to zero by certain increments according to a specified formula for modified adjust gross incomes between $50,000 and $70,000 (between $80,000 and $100,000 for joint returns). Limits the credit to students graduating from high school (or the equivalent) with a grade-point average of 2.75 on a four-point scale. (Sec. 102) Allows a tax deduction (apart from other itemized deductions) for up to $10,000 per individual per academic year paid by the taxpayer for the same higher education expenses (at any undergraduate or graduate school level). Allows such deduction for education to acquire or improve job skills. Sets the same income limits as for the Hope Tax Credit. (Sec. 103) Allows a tax deduction (apart from other itemized deductions) for interest on education loans. Requires specified tax returns from persons (including governmental units) which have received education loan interest in the course of trade or business from individuals. Title II: Educational Facilities Improvement - Educational Facilities Improvement Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise title XII (School Facilities Infrastructure Improvement Act of 1994) assistance for construction and renovation of educational facilities. (Sec. 202) Revises provisions relating to findings and the purpose of such title. Names current provisions as the part A General Infrastructure Grant Improvement Program Establishes a Construction and Renovation Bond Subsidy Program. Directs the Secretary of Education to award entitlement grants to States and local bond authorities to pay portions of interest costs applicable to bonds issued to finance specified activities for the construction and renovation of educational facilities in local areas. Makes appropriations for FY 1998 for such bond subsidy program. (Sec. 203) Amends the Education Infrastructure Act of 1994 to extend the authorization of appropriations for the General Infrastructure Grant Improvement Program. Makes appropriations for FY 1998 through 2002 for such program. Entitles to payments each State or local bond authority awarded a grant under the program. Title III: America Reads Challenge - Subtitle A: Parents as First Teachers Challenge Grants - Parents as First Teachers Challenge Grant Act of 1997 - Authorizes the Secretary to award: (1) at least two grants to public or private agencies or institutions to support national or regional networks that share information on helping eligible children to read; and (2) at least two grants to State or local government agencies, nonprofit community groups or organizations, or consortia thereof, for programs or activities that help parents to be good teachers to their children and assist them in learning to read. Makes children eligible if they are attending any level from pre-school through third grade. (Sec. 317) Authorizes appropriations for FY 1998 through 2002 for such challenge grant program. Entitles grant recipients to payments. Subtitle B: Challenging America's Young Readers - Challenging America's Young Readers Act of 1997 - Directs the Secretary of Education and the Chief Executive Officer of the Corporation for National and Community Service (the Administrators) to: (1) make allotments to State educational agencies for grants for reading tutoring programs for children attending any level from pre-school through third grade; and (2) reserve certain amounts for direct grants to local reading programs, national leadership and evaluation activities, programs for Indian children, and programs in territories. (Sec. 330) Directs the Chief Executive Officer of the Corporation for National and Community Service to make available to carry out this subtitle for FY 1998 through 2002 specified funds under the National and Community Service Act of 1990. Makes appropriations to the Secretary of Education to carry out this subtitle for FY 1999 through 2002. Entitles to payments each entity receiving an allotment, awarded a grant, or entering into a contract or cooperative agreement, under this subtitle. Title IV: Investing in Technology for the Classrooms - Subtitle A: Sense of the Senate - Expresses the sense of the Senate that it is in the Nation's best interest for the Federal Government to invest at least $1.8 billion in additional funding for education technology programs between FY 1998 and 2002. Subtitle B: Educational Technology Clearinghouses - Directs the Secretary of Education to make grants to or contracts with regional public or private nonprofit entities to support a system of regional educational technology clearinghouses, developed according to specified requirements, to serve each geographic region of the United States. (Sec. 424) Authorizes appropriations for FY 1998 through 2002.
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