United States · United States Congress · 21 May 1997
Unsolicited Commercial Electronic Mail Choice Act of 1997 - Requires a person who transmits an electronic mail message as part of the transmission of unsolicited commercial electronic mail to include: (1) the word "Advertisement" at the very beginning of such message; and (2) the name, physical address, electronic mail address, and telephone number of the sender prominently displayed within such message. Empowers the Federal Trade Commission (FTC) with regulatory authority over such unsolicited electronic mail, including authority to conduct investigations, commence civil actions against individuals, and impose fines and penalties. Requires the FTC to take appropriate action within two years after the transmission of such electronic mail. Authorizes a State to bring a civil action on behalf of its residents against individuals or entities transmitting electronic mail in violation of this Act. Requires such State to notify the FTC of such action. States that this Act shall not apply to an electronic mail transmission by an interactive computer service provider unless the provider initiates the transmission. Requires a provider to notify the FTC of any use of its equipment in violation of this Act. Requires each such provider to make available to subscribers a system permitting the subscribers to block the receipt of any electronic mail that contains the term "advertisement" in its subject line. Authorizes a person who receives a transmission of unsolicited commercial electronic mail to request, by return electronic mail, the termination of such transmissions. Requires such a request to be complied with within 48 hours after its receipt. States that a person who secures a good or service from, or otherwise responds electronically to, an offer of unsolicited commercial electronic mail shall be deemed to have authorized such transmission without inclusion of the information required of the sender under this Act. Authorizes actions by private persons to enforce the sanctions under this Act. Requires such action within one year after receipt of the transmission.
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 · 19 May 1997
Safe Schools Act of 1997 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require a local educational agency that receives ESEA funds to expel a student determined to be in possession of an illegal drug, or illegal drug paraphernalia (or, as under current law, in possession of a gun) on school property. Renames the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1997.
United States · United States Congress · 15 May 1997
Directs the Secretary of Transportation to allocate among the States amounts sufficient to ensure that a State's share of fiscal year apportionments and prior fiscal year allocations from the Highway Trust Fund is not less than the estimated tax payments into the Fund attributable to highway users in the State for the fiscal year.
United States · United States Congress · 8 May 1997
Breast-Cancer Research Stamp Act - Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is one cent higher than the regular rate as an alternative that patrons may use voluntarily to contribute to funding for breast-cancer research. Authorizes the Service to design and sell special stamps. Requires the Service to pay amounts attributable (additional revenues minus costs) to the one-cent differential to the Department of Health and Human Services at least twice a year.
United States · United States Congress · 8 May 1997
First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.
United States · United States Congress · 1 May 1997
Authorizes the President to present, on behalf of the Congress, a gold medal to Mother Teresa of Calcutta in recognition of her contributions to humanitarian and charitable activities. Instructs the Secretary of the Treasury to strike a suitable gold medal. Authorizes the Secretary to strike and sell bronze duplicates. Declares these medals to be national medals. Authorizes appropriations. Mandates deposit of sale proceeds in the Numismatic Public Enterprise Fund.
United States · United States Congress · 24 April 1997
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Product Liability Reform Act of 1997 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for: (1) commercial loss actions; (2) civil negligent entrustment actions; and (3) any dramshop or third-party liability actions arising from the sale or provision of alcohol to intoxicated persons or minors. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the defendant proves that the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or co-employee if the employer or co-employee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Regulates punitive damage amounts. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Excludes from the term "claimant," for this title, anyone who alleges harm caused by a silicone gel breast implant. (Sec. 204) Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Sets forth the circumstances in which a supplier may be considered a manufacturer and the circumstances in which a supplier may be considered a seller. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy.
United States · United States Congress · 24 April 1997
Customs Enforcement and Market Access Act of 1997 - Directs the U.S. Trade Representative (USTR), whenever the United States negotiates a protocol for accession of a country to the World Trade Organization (WTO), to negotiate for inclusion in that protocol: (1) provisions for effective market access to that country's domestic markets for U.S. textile and apparel products; and (2) provisions allowing the suspension or revocation of paragraph 14 (relating to increasing import levels based on growth rates) of the Agreement on Textiles and Clothing, if the country has failed to enforce such market access provisions. Requires negotiation of bilateral agreements containing similar provisions with countries that are not WTO members. (Sec. 3) Amends the Trade Act of 1974 to direct the USTR to identify annually, report to the Congress, and publish in the Federal Register the names of priority foreign countries that deny fair and equitable market access to U.S. persons producing or selling textile or apparel products. (Sec. 4) Establishes in the Treasury a Textile Global Competitiveness Research Fund, consisting in part of fines levied under this Act, and whose amounts shall be available: (1) for programs aimed at enhancing the international competitiveness of U.S. textile and apparel manufacturers; and (2) to the Customs Service for the enforcement of laws governing trade in textile and apparel goods. (Sec. 5) Directs the USTR to take necessary steps to negotiate a quota agreement with any non-WTO country whose exports to the United States exceed $100 million annually, or are creating serious damage or the actual threat of it to the U.S. textile and apparel industry. States the sense of the Congress that any agreement negotiated with a non-WTO country which already has a textile agreement with the United States should permit imports of textile and apparel products of that country, during each 12-month period, to increase by not more than the percentage of growth in the U.S domestic market for all textile and apparel products in the preceding 12-month period. Specifies provisions for inclusion in the accession protocol of countries acceding to the WTO. (Sec. 6) Requires the USTR to ensure that any protocol under negotiation for accession to the WTO of a non-WTO country with a textile import bilateral agreement with the United States, as well as any subsequent agreement, provides for a reduction in the quantity of that country's textile and apparel goods that may be imported into the United States if the Committee for the Implementation of Textile Agreements determines that the bilateral agreement is being circumvented and that inadequate or no measures are being taken by that country to take action against such circumvention. (Sec. 7) Prescribes specified Customs Service enforcement actions and penalties (including fines, seizure, and forfeiture) for violations of customs laws involving textile and apparel goods. (Sec. 10) Directs the Commissioner of Customs to establish a Division on Textile Enforcement. (Sec. 11) Requires withdrawal of preferential tariff or quota treatment (unilateral trade concessions) from the textile and apparel goods of any country: (1) demonstrating a consistent pattern of circumventing textile agreements with United States; (2) refusing to cooperate in investigations; or (3) failing to provide fair and equitable market access for U.S. textile and apparel goods.
United States · United States Congress · 22 April 1997
Auto Choice Reform Act of 1997 - Affords a person the right to choose between: (1) a personal protection system (personal system) providing insurance for that person and any resident relative or dependent; and (2) a tort maintenance system (tort system) providing for the form of motor vehicle insurance otherwise required in the State in which the person is insured. Sets forth personal system minimum requirements, including regarding waiver of certain tort rights. Supersedes State laws inconsistent with this Act. Sets forth tort system minimum requirements, allowing State laws (not inconsistent with this Act) regarding uninsured or underinsured motorist coverage. Provides for: (1) the effect of a person's choice on resident relatives and dependents; (2) underwriting rules to encourage choice uniformity within a household; and (3) the failure of a person to choose. Requires States to maintain a program to inform consumers (comparing the two systems) about costs, benefits, rights, and obligations. (Sec. 6) Requires that a person who chooses: (1) a tort system and is involved in an accident be subject to tort law for injury except that, based on fault, the person may claim against (and be claimed against by) a personal system person only for uncompensated economic loss; and (2) a personal system be compensated only for economic loss, without regard to fault. Provides for the handling of accidents involving: (1) persons with personal protection and unlawfully uninsured persons; and (2) motorists under the influence of alcohol or illegal drugs or engaging in intentional misconduct. (Sec. 8) Declares that this Act does not apply to a State if: (1) the State so elects; or (2) the State finds that average premiums will not be reduced by at least 30 percent for persons choosing the personal system.
United States · United States Congress · 22 April 1997
Public Utility Holding Company Act of 1997 - Repeals the Public Utility Holding Company Act of 1935. Prescribes procedural guidelines for both Federal Energy Regulatory Commission (FERC) and State access to records of a holding company (including subsidiaries, associates and affiliates) of a public utility or natural gas company. Instructs FERC to promulgate a final rule to exempt specified holding companies from such access requirements. Requires FERC to exempt any person or transaction from such access requirements if it finds that regulation of such person or transaction is irrelevant to the jurisdictional rates of a public utility company. Retains the jurisdiction of FERC and State commissions to determine whether a public utility company may recover in rates any costs of affiliate transactions. Declares this Act inapplicable to: (1) the United States; (2) a State or its political subdivision; and (3) a foreign governmental authority not operating in the United States. Grants FERC certain Federal Power Act enforcement powers. Transfers from the Securities and Exchange Commission to FERC all books and records that relate primarily to the functions vested in FERC by this Act. Authorizes appropriations. Amends the Federal Power Act to repeal its conflict of jurisdiction guidelines.
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 · 17 April 1997
Open Competition Act of 1997 - Amends the National Labor Relations Act to prohibit discrimination against any bidder on a prime contract for a federally funded project on the basis of a requirement that such person enter into or adhere to a collective bargaining agreement or any similar agreement as a condition of performing work on such contract.
United States · United States Congress · 17 April 1997
Women's Investment and Savings Equity Act of 1997 - Amends the Internal Revenue Code with respect to limitations on the deduction for active participants in certain pension plans to provide that an individual's participation in a plan is not treated as participation by the individual's spouse. Permits retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."
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 · 16 April 1997
Congratulates the residents of Jerusalem and the people of Israel on the 30th anniversary of the reunification of that city. Calls upon the President and the Secretary of State to publicly affirm as a matter of U.S. policy that Jerusalem must remain the undivided capital of Israel. Urges U.S. officials to refrain from any actions that contradict U.S. law on this subject.
United States · United States Congress · 15 April 1997
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 14 April 1997
Amends the Internal Revenue Code to exempt from the electronic fund transfer system for the collection of taxes businesses with an aggregate amount of depository taxes below an applicable dollar amount.
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 · 10 April 1997
Leaking Underground Storage Tank Trust Fund Amendments Act of 1997 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements; (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources (excluding resources provided by such programs) are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business; (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (5) State or local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems. Sets forth requirements for allocation of funds to States. Requires States to limit the proportion of such funds used to pay administrative expenses to a percentage that may be established by State law. Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs.
United States · United States Congress · 10 April 1997
Senior Citizen Home Equity Protection Act - Amends the National Housing Act with respect to home equity conversion mortgages to: (1) require full disclosure to the mortgagor of all mortgage costs, including estate planning, financial advice, or other related costs; and (2) provide for imposition of restrictions by the Secretary of Housing and Urban Development to ensure that the mortgagor is not charged for such costs.
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
National POW-MIA Recognition Act of 1997 - Mandates the display of the National League of Families POW-MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, Veterans Day, National POW-MIA Recognition Day, and on the last business day before each of the preceding holidays, on the grounds or in the public lobbies of: (1) major military installations as designated by the Secretary of Defense; (2) Federal national cemeteries; (3) the national Korean War Veterans Memorial; (4) the national Vietnam Veterans Memorial; (5) the White House; (6) the official office of the Secretary of State, Secretary of Defense, Secretary of Veterans Affairs, and the Director of the Selective Service System; and (7) U.S. Postal Service post offices. Repeals provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993 relating to the display of the POW-MIA flag.
United States · United States Congress · 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
Taxpayer Privacy Protection Act - Amends the Internal Revenue Code to permit civil damages and criminal penalties for the unauthorized or unlawful accessing or disclosure (currently, only for the unauthorized or unlawful disclosure) of tax returns or return information. Requires immediate notification to a taxpayer upon discovery that the taxpayer's return or return information has been accessed in an unauthorized manner.
United States · United States Congress · 8 April 1997
Taxpayer Privacy Protection Act - Amends the Internal Revenue Code to permit civil damages and criminal penalties for the unauthorized or unlawful accessing or disclosure (currently, only for the unauthorized or unlawful disclosure) of tax returns or return information. Requires immediate notification to a taxpayer upon discovery that the taxpayer's return or return information has been accessed in an unauthorized manner.
United States · United States Congress · 21 March 1997
Identity Theft and Assumption Deterrence Act of 1997 - Amends the Federal criminal code to provide penalties against any person who knowingly, and with intent to deceive or defraud, obtains, uses, or attempts to obtain or use one or more means of identification other than that lawfully issued to such person. Authorizes the U.S. Secret Service to investigate such offenses. Directs the U.S. Sentencing Commission to provide sentencing enhancements in connection with such offenses in relation to the number of victims involved. Provides forfeiture and restitution requirements with respect to such offense. Directs the Secret Service to collect and maintain specified information concerning identity fraud cases. Directs the Secretary of the Treasury and the Chairman of the Federal Trade Commission to study and report to the Congress on the nature and extent of identity fraud as well its threat to financial institutions and payment systems and consumer safety and privacy.
United States · United States Congress · 21 March 1997
TABLE OF CONTENTS: Title I: FHA-Insured Multifamily Housing Mortgage and Housing Assistance Restructuring Title II: Enforcement Provisions Subtitle A: FHA Single Family and Multifamily Housing Subtitle B: FHA Multifamily Multifamily Assisted Housing Reform and Affordability Act of 1997 - Title I: FHA-Insured Multifamily Housing Mortgage and Housing Assistance Restructuring - Directs the Secretary of Housing and Urban Development (HUD) to enter into agreements with participating administrative entities (with preference given to State housing finance agencies) to develop and implement mortgage restructuring and rental assistance plans for FHA-insured multifamily housing mortgages in order to: (1) reduce expiring section 8 contracts costs; (2) address troubled projects; and (3) correct management and ownership deficiencies. Includes two-tiered mortgage restructuring among plan incentives. Terminates program authority as of a specified date. Title II: Enforcement Provisions - Directs the Secretary to issue implementing regulations. Subtitle A: FHA Single Family and Multifamily Housing - Amends the National Housing Act to expand HUD authorities with respect to: (1) lender sanctions; (2) equity skimming; and (3) civil money penalties. Subtitle B: FHA Multifamily - Amends the National Housing Act and the Housing Act of 1937 to expand multifamily housing-related civil money penalties. Amends the Housing and Community Development Act of 1987 to extend the double damages remedy.
United States · United States Congress · 20 March 1997
National Right to Work Act of 1997 - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 19 March 1997
Estate Tax Relief for the American Family Act of 1997 - Amends the Internal Revenue Code to provide for an annual incremental increase, from the current $192,800 credit to a credit of $1 million by the year 2002, in the credit against the estate transfer tax. (Sec. 3) Excludes from the value of the gross estate, in specified circumstances, the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate; or (2) $1.5 million plus 50 percent of the excess (if any) of the adjusted value of such interests over $1.5 million, but not over $10 million. (Sec. 4) Amends estate tax provisions to prohibit treating a surviving spouse or lineal descendant as failing to use real property in a qualified use solely because the spouse or descendant rents the property to a family member on a net cash basis. (Sec. 5) Increases the limit on the aggregate decrease in the value of real property taken into account for purposes of estate tax provisions. (Sec. 6) Modifies requirements regarding correction of certain failures regarding elections and agreements. (Sec. 7) Extends from 10 to 20 years the amount of time permitted to an estate for making installment payments of the estate tax in an estate consisting largely of interest in a closely held business. Revises provisions concerning the payment of interest on such tax to make a certain portion interest-free. (Sec. 9) Modifies requirements regarding: (1) the valuation of gifts for estate tax purposes; and (2) generation-skipping transfer taxes for transfers to individuals with deceased parents.
United States · United States Congress · 18 March 1997
TABLE OF CONTENTS: Title I: Public Housing Title II: Section 8 Rental Assistance Title III: Miscellaneous Provisions Public Housing Reform and Responsibility Act of 1997 - Title I: Public Housing - Amends the United States Housing Act of 1937 (Act) with respect to public housing agency (PHA) authority concerning: (1) ceiling and minimum rents; (2) police officer tenant eligibility; and (3) market value rental flexibility and encouragement of tenant self-sufficiency. Disallows (temporarily) from public housing rent determinations income earned from a family self-sufficiency or job training program. (Sec. 106) Requires PHAs to submit annual and five-year plans to the Secretary (Secretary) of Housing and Urban Development (HUD). (Sec. 107) Revises contract provisions and requirements. Repeals public housing income and site (Federal) preferences. (Sec. 108) Provides with regard to a troubled PHA that: (1) the Secretary may take possession of a troubled PHA, including any of its projects or functions, and may give such PHA a one-year period to demonstrate satisfactory improvement; and (2) an appointed receiver may abrogate certain contract provisions or dispose of PHA assets or create new PHAs. (Sec. 109) Consolidates public housing assistance (other than section 8 assistance) into a Capital Fund and an Operating Fund. Directs the Secretary to establish assistance formulae. Obligates emergency reserve funding. (Sec. 110) Requires tenants (other than the elderly, disabled, full-time workers, or students) to perform eight hours of monthly community volunteer work. (Sec. 111) Permits PHAs to form consortia and joint ventures and operate subsidiaries. Eliminates: (1) certain energy conservation requirements; and (2) modernization fund authority. (Sec. 113) Revises assisted housing income eligibility provisions. (Sec. 114) Revises public housing demolition and disposition provisions. Eliminates the one-for-one replacement requirement. Provides, in a proposed disposition, for resident organization purchase opportunity. Stipulates that such provisions do not apply to a disposition in accordance with a home ownership program. (Sec. 115) Eliminates family investment center provisions. Authorizes PHAs to convert public housing projects to tenant-based (voucher) systems. Requires PHAs to do a project conversion assessment (market analysis and community impact). (Sec. 116) Eliminates the family self-sufficiency program. Authorizes PHAs to sell low-income units to residents or conduit organizations. Provides rental and relocation assistance for nonpurchasing tenants, including PHA assistance for tenant home ownership. (Sec. 118) Authorizes PHAs to own or operate mixed-finance and mixed-ownership projects. (Sec. 119) Provides for identification and conversion of distressed public housing to tenant-based assistance. (Sec. 120) Authorizes the Secretary to: (1) permit PHAs to mortgage or grant security interests in their projects; and (2) make grants to PHAs or resident management entities to promote tenant self-sufficiency. (Obligates related funds for resident management entities.) (Sec. 122) Prohibits HUD funds to be used to indemnify government contractors against costs associated with judgments of intellectual property rights infringement. (Sec. 123) Authorizes pet ownership in federally assisted rental housing. Title II: Section 8 Rental Assistance - Amends the Act to merge the section 8 voucher and certificate programs into a single voucher program. Sets forth program provisions. (Sec. 202) Amends certain housing Acts to repeal specified preference and other provisions and make technical corrections. (Sec. 205) Includes cooperatives within the assisted housing home ownership option. Revises monthly assistance determination provisions. (Sec. 206) Authorizes a public housing owner to admit law enforcement and security personnel not otherwise eligible for tenancy. Title III: Miscellaneous Provisions - Amends the Act to remove Rockland County, New York, from the metropolitan statistical area in which it is located for purposes of assisted housing income-related determinations. (Sec. 305) Requires the Secretary to review specified housing security contracts with respect to hiring and award compliance.
United States · United States Congress · 18 March 1997
Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis; and (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.
United States · United States Congress · 18 March 1997
Prohibits the Secretary of Housing and Urban Development from establishing a national housing occupancy standard for five years. Provides that during such period: (1) a State-established standard shall be presumed reasonable for purposes of determining familial status discrimination and the Secretary shall not decertify a State or local public agency based upon such standard or its operation; and (2) in the absence of a State standard a two-person per bedroom standard shall be deemed reasonable.
United States · United States Congress · 17 March 1997
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to permit waiver of the prohibition against offering nurse aide training and competency evaluation programs in certain facilities if no other such program is offered within a reasonable distance of such a facility.
United States · United States Congress · 13 March 1997
Internet Tax Freedom Act - Prohibits a State or political subdivision thereof from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, and State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.
United States · United States Congress · 12 March 1997
Congressional Responsibility Act of 1997 - Prohibits a regulation from taking effect before the enactment of a bill comprised solely of the text of the regulation. Requires an agency, whenever it promulgates a regulation, to submit to each House of the Congress a report containing its text and an explanation. Sets forth expedited congressional procedures for consideration of agency regulations.
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 · 3 March 1997
Mandates Information Act of 1997 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates.
United States · United States Congress · 27 February 1997
Promotion of Commerce On-Line in the Digital Era (Pro-CODE) Act of 1997 - Prohibits the Secretary of Commerce (acting through the National Institute of Standards and Technology or otherwise) from promulgating or enforcing regulations, or otherwise adopting standards or carrying out policies: (1) that result in encryption standards intended for use by businesses or entities other than Federal computer systems; or (2) in a manner inconsistent with this Act, or that have the effect of imposing Government-designed encryption standards on the private sector by restricting the export of computer hardware and computer software with encryption capabilities. (Sec. 5) Prohibits the Federal and State governments from: (1) restricting or regulating the interstate sale by any person of any product designed to provide encryption capabilities; or (2) requiring, as a condition of such a sale, that a decryption key, or access to a decryption key, be given to any other person (including a Federal agency or a private entity certified or approved by the Federal or a State government). Grants the Secretary exclusive authority to control exports of all computer hardware, software, and technology with encryption capabilities, except that which is specifically designed or modified for military use, including command, control, and intelligence applications. Requires only a general license (with limited exceptions) for the export or reexport of any: (1) computer software, including that with encryption capabilities, that is generally available, as is, and designed for installation by the purchaser, or (2) that is available on enactment of this Act or becomes legally available thereafter in the public domain (including on the Internet) or publicly available because it is generally accessible to the public in any form; or (3) computing device or computer hardware solely because it incorporates or employs in any form such computer software (including that with encryption capabilities). Directs the Secretary to authorize the export or reexport of computer software with encryption capabilities under a general license for nonmilitary end-uses in any country to which exports of software or hardware of similar capability are permitted for use by financial institutions not controlled in fact by U.S. persons, unless there is substantial evidence that such software and hardware will be diverted to a military end-use or an end-use supporting international or domestic terrorism, modified for military or terrorist end-use, including acts against the national security, public safety, or the integrity of the transportation, communications, or other essential systems of interstate commerce in the U.S., or reexported without requisite Federal authorization, or intentionally used to evade enforcement of U.S. law or taxation by the U.S. or by any State or local government. Requires that the publisher or manufacturer of computer software or hardware with encryption capabilities shall disclose (for reporting purposes only) within 30 days after export, to the Secretary such information regarding a program's or product's encryption capabilities as would be required for an individual license to export that program or product. Prohibits requiring or permitting the Secretary to impose any conditions or reporting requirements as a precondition to the exportation of any such product or program. (Sec. 6) Establishes an Information Security Board comprised of representatives of agencies within the Federal Government responsible for or involved in the formulation of information security policy, including export controls on products with information security features (including encryption) to: (1) provide a forum to foster communication and coordination between industry and the Federal Government; and (2) foster the aggregation and dissemination of general, nonproprietary, and nonconfidential developments in important information security technologies, including encryption. Requires that the Board shall regularly report such information to appropriate Federal agencies to keep law enforcement and national security agencies abreast of emerging technologies so they are able effectively to execute their responsibilities and cause such information (other than classified, proprietary, or confidential information) to be published from time to time and made available to the public. Directs the Secretary to establish quarterly meetings between the Board and representatives from the private sector with interest or expertise in information security, including cryptographers, engineers, and product managers. Permits the Board to meet at any time with one or more representatives of any person involved in the development, production, or distribution of encryption technology or of computing devices containing encryption technology. Declares that nothing in this Act may be construed to affect any law intended to prevent the: (1) distribution of descramblers and any other equipment for illegal interceptions of cable and satellite television signals; (2) illegal or unauthorized distribution or release of classified, confidential, or proprietary information; or (3) enforcement of Federal or State criminal law.
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 · 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.
![Official portrait of Sen. Faircloth, Lauch [R-NC]](https://www.congress.gov/img/member/f000437_200.jpg)