United States · United States Congress · 26 February 1997
Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers . States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if: (1 ) the claimant named or joined the biomaterials supplier; and (2) the court finds the claim to be without merit and frivolous.
United States · United States Congress · 26 February 1997
Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit the House of Representatives or the Senate from considering any bill, joint resolution, amendment, motion, or conference report that increases a tax and applies such increase to taxable years beginning before the date of the enactment of the law (retroactive tax increases). Provides that a point of order raised under any such measure may be waived only by a three-fifths vote in the Senate.
United States · United States Congress · 25 February 1997
Access to Emergency Medical Services Act of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to require any group health plan which provides emergency health services to cover emergency services furnished to a plan participant: (1) without need for any prior authorization; (2) subject to stated exceptions, whether or not the physician or provider is plan participant; and (3) subject to stated exceptions, without regard to any other term or condition of the plan. Defines "emergency medical services" and related terms. Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for the provision of the same benefits to Medicare and Medicaid plan participants. Provides for the establishment of guidelines by the appropriate Secretaries in order carry out the provisions of this Act. Directs the Secretaries to jointly establish an advisory panel to assist in the development of such guidelines.
United States · United States Congress · 13 February 1997
Truth in Employment Act of 1997 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of the objectives of an organization other than the employer.
United States · United States Congress · 13 February 1997
ISTEA Integrity Restoration Act - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for the: (1) National Highway System (NHS); (2) Surface Transportation Program (STP); and (3) Federal Lands Highway Program, including Indian reservation roads, public lands highways, and parkways and park highways. (Sec. 4) Defines "highway funds" as funds apportioned and allocations authorized under this Act for the fiscal year and funds allocated to a State for the preceding fiscal year for Federal-aid highways and highway safety construction. Revises the apportionment of NHS funds to allocate one third of one percent (previously, one percent) to U.S. territories and possessions, and the remaining 99 and two-thirds percent among the States according to a formula based on population density. Includes bridge construction and related activities among eligible NHS projects. (Sec. 5) Repeals provisions regarding: (1) apportionments for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System (IS); and (2) the transfer of interstate construction apportionments, the transfer of funds for STP projects, and limits on new capacity. (Sec. 6) Includes bridge construction and related activities as an eligible activity within the streamlined STP. Makes eligible under the STP an area of a State that is a nonattainment area for ozone or carbon monoxide, or for particulate matter with an aerodynamic diameter smaller than or equal to ten micrometers resulting from transportation activities, or for any combination thereof, for congestion mitigation and air quality improvement projects without regard to any Department of Transportation limitation relating to the type of ambient air quality standard addressed by such project. Requires a State, for each fiscal year, to allocate an amount determined according to a specified formula (based on FY 1995 funds) for transportation enhancement activities. Revises State certification procedures. (Sec. 7) Directs that, for purposes of STP and IS provisions, population shall be determined based on the most recent estimate prepared by the Secretary of Commerce, while apportionment factors shall be determined on the basis of the most recent data certified by the Secretary. (Sec. 8) Repeals provisions regarding: (1) the highway bridge replacement and rehabilitation program; and (2) the congestion mitigation and air quality improvement program. (Sec. 10) Replaces provisions regarding minimum allocations to States with an apportionment adjustment program under which the Secretary shall apportion among the States amounts sufficient to ensure that the ratio of the highway funds of a State to highway funds of all States for the fiscal year is not less than the adjustment percentage specified for that State under this Act. Requires each State to receive additional apportionments so that its percentage of highway funds is not less than 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund. Repeals: (1) existing apportionment adjustment programs; and (2) set-asides for interstate discretionary projects. (Sec. 12) Reduces from 3.75 to 2.0 the percentage of program funds authorized to be set aside for administrative costs. (Sec. 13) Sets forth provisions regarding permissible transfers of unobligated balances of funds apportioned to a State for: (1) congestion mitigation and air quality improvement; (2) interstate construction and maintenance; (3) bridge replacement and rehabilitation; and (4) the STP.
United States · United States Congress · 13 February 1997
Language of Government Act of 1997 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because he or she communicates in English.
United States · United States Congress · 12 February 1997
Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. (Sec. 4) Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act; and (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. (Sec. 5) Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act; and (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act; and (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.
United States · United States Congress · 12 February 1997
Authorizes the President, on behalf of the Congress, to present a gold medal to Francis Albert "Frank" Sinatra. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. Authorizes specified charges against the Numismatic Public Enterprise Fund to pay for the cost of the medal and requires the proceeds of duplicate medal sales to be deposited in the Fund.
United States · United States Congress · 12 February 1997
National Geologic Mapping Reauthorization Act of 1997 - Amends the National Geologic Mapping Act of 1992 to establish a national cooperative geologic mapping program between the U.S. Geological Survey and State geological surveys. Establishes a geologic mapping advisory committee to advise the Director of the U.S. Geological Survey on planning and implementation of the geological mapping program. Authorizes appropriations.
United States · United States Congress · 12 February 1997
Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends titles XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services) of the Social Security Act to prohibit payment (or use of block grant funds) for any item or service furnished to cause the death of any individual. Provides for the treatment of advance directives. Amends the Indian Health Care Improvement Act to prohibit the use of appropriated funds to cause the death of any individual. Amends Federal law relating to members and certain former members of the uniformed services and to dependents of members to prohibit furnishing (or including coverage under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for) any item or service to cause the death of any individual. Amends Federal law relating to contracting for government employees' health benefit plans to prohibit including coverage for any item or service to cause the death of any individual. Amends Federal law relating to health care for Peace Corps volunteers to prohibit providing any item or service to cause the death of any individual. Amends Federal criminal code provisions relating to medical and other services to the Federal penal and correctional institutions to prohibit furnishing any item or service to cause the death of any individual. Amends the District of Columbia Self-Government and Governmental Reorganization Act to prohibit the use of funds appropriated under specified provisions of that Act for any item or service to cause the death of any individual.
United States · United States Congress · 12 February 1997
Constitutional Amendment - Prohibits the election of any person to a full term as a Senator more than twice or to a full term as a Representative more than three times. Bars any person who has been: (1) a Senator for more than three years of a term to which another person was elected from being subsequently elected more than once; and (2) a Representative for more than a year of a term to which another person was elected from being subsequently elected more than twice.
United States · United States Congress · 10 February 1997
Officer Brian Gibson District of Columbia Police Protection Act - Amends the Federal criminal code to establish penalties, including the death penalty, for the killing or attempted killing of a law enforcement officer of the District of Columbia. Includes among aggravating circumstances for imposition of the death penalty that the defendant committed the offense against the officer: (1) while the officer was engaged in the performance of official duties; (2) because of the officer's performance of official duties; or (3) because of such officer's status as a public servant.
United States · United States Congress · 10 February 1997
Teamwork for Employees and Managers Act of 1997 - Amends the National Labor Relations Act to declare that, where no labor organization is the representative of an employer's employees, it shall not be an unfair labor practice for the employer to establish, assist, maintain, or participate in an organization or entity: (1) in which employees participate to at least the same extent as management representatives to address matters of mutual interest (including issues of quality, productivity, and efficiency); and (2) which cannot negotiate, enter into, or amend collective bargaining agreements.
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 · 5 February 1997
Amends the Legislative Branch Appropriations Act, 1965 to direct the Secretary of the Senate and the Clerk of the House of Representatives to include in each semiannual report of expenditures: (1) the total amount of individual contributions made by each Member of Congress to the Civil Service Retirement and Disability Fund and the Thrift Savings Fund for all Federal service performed as a Member and a Federal employee; (2) an estimate of the annuity each Member would be entitled to receive based on the earliest possible date for receipt of annuity payments by reason of retirement beginning after the expiration of the Member's term of office; and (3) any other information necessary to enable the public to compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement.
United States · United States Congress · 4 February 1997
Expresses the sense of the Senate that studies are needed to further determine the benefits of screening women between the ages of 40 and 49 through mammography and other emerging technologies and that the Senate urges the Advisory Panel for the National Cancer Institute to consider reissuing a specified guideline rescinded in 1993 and, until there is more definitive data, direct the public to consider guidelines issued by other organizations.
United States · United States Congress · 30 January 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Energy Title II: Energy Laboratories Subtitle A: National Defense Laboratories Subtitle B: Nondefense Energy Laboratories Title III: Power Marketing Administrations Title IV: Transfer and Disposal of Reserves Subtitle A: Strategic Petroleum Reserve Subtitle B: Naval Petroleum Reserves Title V: National Security and Environmental Management Programs Title VI: Environmental Restoration Activities at Defense Nuclear Facilities Title VII: Civilian Radioactive Waste Management Title VIII: Miscellaneous Provisions Department of Energy Abolishment Act - Title I: Abolishment of Department of Energy - Redesignates the Department of Energy (DOE) as the Energy Programs Resolution Agency (the Agency), headed by an Administrator to perform the previous functions of the Department of Energy. Provides for the continuation of service of the Secretary of Energy as the interim Administrator. (Sec. 105) Authorizes the Administrator to establish, consolidate, alter, or discontinue in the Energy Programs Resolution Agency any organizational entities that were entities of DOE. Sunsets the Agency three years after enactment of this Act. (Sec. 107) Amends the Department of Energy Organization Act to restore the Federal Energy Regulatory Commission (FERC) as an independent agency. (Sec. 108) Transfers to the Secretary of the Interior all functions of: (1) the Administrator of the Energy Information Administration; (2) certain DOE civilian energy research programs; and (3) specified DOE science and technology programs. (Sec. 109) Transfers all functions of the Administrator of the Energy Regulatory Administration to the Attorney General. (Sec. 110) Directs the Comptroller General to report to the Congress on the most efficient way to accomplish the complete abolishment of DOE and the functions. Title II: Energy Laboratories - Subtitle A: National Defense Laboratories - Transfers the functions of the Lawrence Livermore, Los Alamos, and Sandia National Laboratories to the Under Secretary of Defense for Nuclear Programs (established by title V). Subtitle B: Nondefense Energy Laboratories - Transfers to the National Science Foundation all functions of the Secretary of Energy relating to nondefense energy laboratories. (Sec. 213) Establishes the Nondefense Energy Laboratory Commission as an independent body to recommend to the Congress disposition options (reconfiguration, privatization, closure, or transfer) for nondefense energy laboratories, programs, or any of the basic science programs. Authorizes appropriations. Prescribes procedural guidelines for fast track congressional consideration of the Commission's report. (Sec. 216) Sets deadlines for closure of all nondefense energy laboratories and basic science programs unless the Congress has approved other specified dispositions. (Sec. 218) Establishes the Energy Laboratory Facility Closure Account to fund implementation of disposition actions. Title III: Power Marketing Administrations - Transfers to the Secretary of the Army (acting through the Chief of Engineers of the Army Corps of Engineers) all functions of the Administrators of: (1) the Bonneville Power Administration; (2) the Southeastern Power Administration; (3) the Southwestern Power Administration; and (4) the Western Area Power Administration. (Sec. 303) Directs the Comptroller General to study and report to the Congress on: (1) specified aspects of such power administrations; and (2) recommended final disposition alternatives. Expresses the intent of the Congress that: (1) any purchaser of facilities shall be required to maintain any contracts with customers in force as of the effective date; and (2) any sales of such facilities be executed so as to minimize the impact on the ultimate ratepayers. Title IV: Transfer and Disposal of Reserves - Subtitle A: Strategic Petroleum Reserve - Transfers to the Secretary of Defense all functions performed by the Secretary of Energy regarding the Strategic Petroleum Reserve, including the Industrial Petroleum Reserve, the Early Storage Reserve, and the Regional Petroleum Reserve. Instructs the Secretary of Defense to submit to the Congress a plan for the disposal of the Strategic Petroleum Reserve within a specified timeframe, including a plan for disposal of the reserves held at Weeks Island, Louisiana. Subtitle B: Naval Petroleum Reserves - Transfers to the Administrator of the Energy Programs Resolution Agency all functions performed with respect to the naval petroleum reserves, except Naval Petroleum Reserve Numbered 1 (Elk Hills). Instructs the Administrator to develop a joint plan with the Secretaries of the Interior and of the Army for disposal of the naval petroleum reserves within a specified timeframe. Title V: National Security and Environmental Management Programs - Establishes the Defense Nuclear Programs Agency (the Agency) in the Department of Defense (DOD), headed by an Under Secretary for Defense Nuclear Programs. (Sec. 502) Identifies the Under Secretary as the Staff Director of the Nuclear Weapons Council. (Sec. 503) Transfers to the Under Secretary all national security supervisory functions previously performed by: (1) DOE over defense, nonproliferation, and defense-related environmental management programs, and the Sandia, Los Alamos, and Lawrence Livermore National Laboratories; (2) the Defense Nuclear Agency of DOD relating to nuclear weapons systems; and (3) the Defense Nuclear Facilities Safety Board. Authorizes the Secretary of Defense to transfer other nuclear weapons-related functions to the Under Secretary. (Sec. 504) Places restrictions upon the transfer of funds by the Agency. Title VI: Environmental Restoration Activities at Defense Nuclear Facilities - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the Under Secretary to review ongoing and planned remediation activities for consistency with such Act. (Sec. 601) Sets forth guidelines for site-specific risk assessment and an analysis of risk reduction benefits and costs, which shall be conducted before the selection of a remedial action at a defense nuclear facility. (Sec. 603) Instructs the Under Secretary to renegotiate the terms of any compliance agreement entered into with the Secretary of Energy, the Environmental Protection Agency, and the relevant State in order to have it reflect this Act. Title VII: Civilian Radioactive Waste Management - Amends the Nuclear Waste Policy Act of 1982 to terminate the Office of Civilian Radioactive Waste Management and transfer its authority and assets to the Army Corps of Engineers (the Corps). Requires: (1) the Corps to assume all obligations of the Office affecting the Yucca Mountain site; and (2) reissuance of Nevada State permits for the Corps. Prescribes procedural guidelines for Corps preparation and implementation of a Yucca Mountain site characterization plan. (Sec. 702) Amends the Nuclear Waste Policy Act of 1982 to reaffirm that the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning by January 31, 1998, is absolute and is not dependent on commencement of operation of a repository or a monitored retrievable storage facility. States that such obligation shall be neither voided nor delayed for any reason. Repeals: (1) the site selection limitation placed upon the siting of a monitored retrievable storage facility; and (2) the licensing conditions placed upon such facility. (Sec. 703) Prescribes procedural guidelines for the licensing and expansion of an initial uranium storage facility. Title VIII: Miscellaneous Provisions - Sets forth miscellaneous implementing provisions, conferring upon the Office of Management and Budget authority to make any determination regarding functions transferred under this Act and incidental transfers.
United States · United States Congress · 30 January 1997
Women's Health and Cancer Rights Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to require certain group health plans, and health insurance issuers providing coverage under a group plan, to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) secondary consultations by specialists. Prohibits: (1) changing coverage terms and conditions based on a participant's or beneficiary's decision to request less than the minimum coverage; and (2) certain penalties or incentives to providers or specialists. Amends: (1) the Public Health Service Act to apply the same requirements to health insurance issuers in the individual market; and (2) the Internal Revenue Code to apply those requirements to group health plans.
United States · United States Congress · 29 January 1997
Freedom From Union Violence Act of 1997 - Amends the Hobbs Act to authorize imposition of a sentence of life imprisonment or the death penalty if death results from interference with commerce by threats or violence. Makes provisions regarding any such interference inapplicable to conduct that: (1) is incidental to otherwise peaceful picketing during the course of a labor dispute; (2) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (3) is not part of a pattern of violent conduct or of coordinated violent activity. Subjects such conduct to prosecution only by the appropriate State and local authorities.
United States · United States Congress · 28 January 1997
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense and the Director of the Office of Personnel Management (OPM) to enter into an agreement under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires: (1) the Secretary to begin to offer such health benefits option no later than January 1, 1998; and (2) the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
United States · United States Congress · 28 January 1997
Prohibits the use of Federal funds by Federal agencies to fund any seminar or program, any agency position, or any publication or distribution of a publication to compel or encourage individuals to join labor unions.
United States · United States Congress · 22 January 1997
Amends the Federal criminal code to set a five-year mandatory minimum sentence for possessing (currently, for using or carrying) a firearm during the commission of a crime of violence or a drug trafficking crime, to set a ten-year mandatory sentence if the firearm is discharged, to impose a sentence of life imprisonment or death if the death of any person results, and to require a minimum mandatory sentence of 25 (currently, 20) years for second or subsequent convictions of such an offense.
United States · United States Congress · 22 January 1997
TABLE OF CONTENTS: Title I: Retirement Savings Incentives Subtitle A: Restoration of IRA Deduction Subtitle B: Nondeductible Tax-Free IRAs Title II: Penalty-Free Distributions Savings and Investment Incentive Act of 1997 - Title I: Retirement Savings Incentives - Subtitle A: Restoration of IRA Deduction - Amends the Internal Revenue Code, with respect to the Individual Retirement Deduction (IRA), to increase the income limits applicable to active participants. Removes limitations on a spouse's participation. (Sec. 102) Provides an inflation adjustment for the deductible amount. (Sec. 103) Revises provisions concerning the allowance of certain coins and bullion as IRA investments. Subtitle B: Nondeductible Tax-Free IRAs - Permits individuals to establish IRA Plus accounts which shall be treated similarly to an IRA plan. Prohibits deductions for contributions to such accounts. Sets forth distribution rules (including excluding qualified distributions from gross income). Title II: Penalty-Free Distributions - Permits distributions without penalty for qualified: (1) first home purchases; (2) higher education expenses; (3) unemployed individuals; and (4) medical expenses of specified relatives.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Juvenile Justice Reform Title II: Juvenile Gangs Title III: Juvenile Crime Control and Accountability Violent and Repeat Juvenile Offender Act of 1997 - Title I: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 102) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 103) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 106) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution applicable to adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 109) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 110) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 111) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Title II: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 203) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this title's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 204) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 205) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 206) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under the Racketeer Influenced and Corrupt Organizations Act; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 208) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 209) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in criminal division of the Department of Justice to prosecute juvenile criminal street gangs. Title III: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this title. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this title. (Sec. 303) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 307) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of Violent Crime Control and Law Enforcement Act of 1994; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 308) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 309) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the Internal Revenue Code, to be used for Federal programs to combat youth violence.
United States · United States Congress · 21 January 1997
Genetic Information Nondiscrimination in Health Insurance Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Brownfields Revitalization Title II: State Role Title III: Community Participation Title IV: Selection of Remedial Actions Title V: Liability Title VI: Federal Facilities Title VII: Natural Resource Damages Title VIII: Miscellaneous Title IX: Funding Subtitle A (sic): General Provisions Superfund Cleanup Acceleration Act of 1997 - Title I: Brownfields Revitalization - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish programs to provide grants to eligible entities (including local government units, redevelopment agencies, and Indian tribes) for site characterization and assessment of, and capitalization of loan funds for response actions at, brownfield facilities. Defines a "brownfield facility," with exceptions, as a parcel of land that contains an abandoned, idled, or underused commercial or industrial facility, the expansion or redevelopment of which is complicated by the presence or potential presence of a hazardous substance. Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs. (Sec. 102) Adds CERCLA provisions requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. (Sec. 103) Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases subject to a State remedial action plan. (Sec. 104) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site. (Sec. 105) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 106) Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person establishes that inquiries were undertaken in accordance with specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator). Deems the appropriate inquiry requirements to be satisfied by a site inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity. Lists factors for consideration in issuance of interim standards by the Administrator. Title II: State Role - Adds CERCLA provisions requiring the Administrator, upon application by a State, to delegate authority to perform functions in the following categories with respect to one or more non-Federal National Priorities List (NPL) facilities in the State: (1) technical investigations, evaluations, and risk analyses; (2) alternatives development and remedy selection; (3) remedial design; (4) remedial action and operation and maintenance; and (5) information collection and liability allocation. Prescribes application and performance procedures. Provides for the removal of delegated facilities from the NPL and recovery and deposit of response costs. Allows withdrawal of delegated authority. Directs the Administrator to provide grants to States to carry out delegated functions. Title III: Community Participation - Directs the Administrator to establish Community Response Organizations to solicit views of, and communicate on behalf of, the community on issues affecting remedial action plans. Authorizes technical assistance grants to citizen groups of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant at a facility on the State Registry or the NPL. Title IV: Selection of Remedial Actions - Revises remedial action selection and implementation procedures to require the Administrator to select a cost-effective action that complies with applicable Federal and State standards and that achieves the goals of protecting human health and the environment if: (1) with respect to human health, considering expected exposures associated with actual or future use of the land and water resources, and on the basis of a facility-specific risk evaluation (described in this Act), the action achieves a specified residual health risk of hazardous substance exposure; (2) with respect to the environment, the action protects the sustainability of ecosystems and does not pose a greater threat than a release; and (3) the action achieves certain groundwater protection standards. Permits waiver of compliance with Federal or State standards for reasons including improper identification of standards, technical impracticability, and immediacy of other threats. Permits waiver of prescribed remedy selection criteria if the achievement of the human health and environmental protection goals is technically impracticable. Prescribes groundwater protection criteria applicable to cost effective remedial action plans, considering actual or future use of the resource and attenuation or biodegradation that would otherwise occur. (Sec. 403) Adds provisions regarding the use and requirements of facility-specific risk evaluations. Requires the Administrator to issue regulations that: (1) promote a realistic characterization of risk that neither minimizes nor exaggerates the risks and potential risks posed by a facility or a proposed remedial action; and (2) establish presumptive remedial actions for commonly encountered types of facilities with reasonably well understood contamination and exposure problems. (Sec. 404) Establishes procedures, in lieu of those under any other law, for conducting remedial investigations, feasibility studies, records of decisions, remedial designs, and remedial actions. (Sec. 405) Prescribes procedures and time frames for final EPA notice of completion of remedial action and de-listing of a facility. Provides for release from further liability for facilities available for unrestricted use. Requires five-year reviews by EPA of facilities not available for unrestricted use. (Sec. 406) Sets forth transition rules applicable to facilities involved in remedy selection on the date of enactment of this Act. (Sec. 407) Revises the National Contingency Plan to prohibit the Administrator, when listing a site on the NPL, from including property at which no release has occurred but to which a contaminant had migrated in groundwater. States exceptions. Title V: Liability - Creates exceptions and limitations to liability for response costs at NPL-listed facilities for: (1) arrangements for disposal or treatment of municipal solid waste or sewage sludge; (2) certain de minimis contributors; (3) small businesses; and (4) codisposal landfills (certain municipal solid waste or sewage sludge landfills that may have received hazardous waste and that contain in substantial proportion municipal solid waste or sewage sludge transported from outside the facility). (Sec. 502) Permits contribution from the Fund of response costs to persons who are subject to abatement orders or have entered into settlement decrees but are not liable for such costs by reason of an exception or limitation. (Sec. 503) Adds provisions to effect the allocation of liability for response costs at multiparty facilities. Differentiates mandatory, requested, and permissive allocations. Prescribes allocation procedures, including effect on litigation and enforcement, time frames, consideration of equitable factors, orphan shares, and information gathering. (Sec. 504) Excludes response action contractors from the definition of "owner or operator." Revises the national uniform negligence standards. Revises procedures governing EPA decisions to indemnify response action contractors. Limits actions against response action contractors. (Sec. 505) Requires nonconfidential CERCLA records and reports to be released within 14 days after the information is obtained. (Current law states no time frame for public disclosure.) Requires abatement orders and settlement agreement notices to contain information concerning the evidence of the presence of each element of liability for response costs. (Sec. 506) Absolves persons who have reached a settlement with the United States or a State from liability for claims for cost recovery (in addition to contribution, as under current law). (Sec. 507) Adds provisions to include tax-exempt religious, charitable, scientific, and educational organizations as owner-operators and limits the liability of such organizations with respect to facilities received as charitable gifts. (Sec. 508) Revises liability for acts of third parties in contractual arrangements for rail transportation. (Sec. 509) Adds provisions limiting the liability of railroad owners or operators of spur track. (Sec. 510) Adds provisions limiting the liability of recyclers. Title VI: Federal Facilities - Revises provisions governing the transfer of CERCLA authorities vested in the Administrator to allow States to apply to exercise such authorities at any NPL-listed Federal facility located in the State. Prescribes procedures governing such transfers. (Sec. 602) Absolves U.S. officers, employees, or agents for failure to comply with a requirement to take a response action at a Federal facility under CERCLA, the Solid Waste Disposal Act, or any other Federal or State law unless: (1) such person has not fully performed any direct or delegated responsibility to ensure inclusion in the President's budget request of sufficient response action funds; or (2) appropriated funds were available for such purpose. (Sec. 603) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: Natural Resource Damages - Adds requirements that sums recovered by an Indian tribe for natural resources damages be used only for restoration, replacement, or acquisition of the equivalent natural resources and that all such replacements (whether by the United States, a State, or a tribe) meet certain technological feasibility and reasonable cost standards. Imposes restrictions on the measure of damages to limit liability, including one for reasonable costs. (Sec. 702) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource injury and restoration assessment. Revises procedures for the issuance, and the required contents, of regulations regarding damage assessments. (Sec. 703) Requires, when both response actions and restoration measures are implemented at the same facility, that they be consistent with each other and carried out in a coordinated manner. Requires the Administrator, when evaluating and selecting remedial actions, to consider potential natural resources injuries resulting from the actions. (Sec. 704) Allows a court, in resolving contribution claims, to allocate natural resource damages (in addition to response costs, as under current law) among liable parties. Title VIII: Miscellaneous - Requires the National Contingency Plan to include procedures for conducting response actions which use a results-oriented approach and which meet certain other timeliness and cost-effectiveness criteria. Requires the Administrator to amend the National Hazardous Substance Response Plan to include these procedures. (Sec. 802) Limits new NPL listings according to a specified schedule, allowing no more than ten annual additions of vessels and facilities after the year 2000. Requires prioritization of, and State concurrence in, additions. (Sec. 803) Amends the criteria for continuance of Fund obligations over a specified amount for response actions to: (1) state that remedial actions are those selected or anticipated at the time of a removal action at a facility; (2) increase the cut-off amount from $2 million to $4 million; and (3) increase the cut-off time period from 12 months to two years. Title IX: Funding - Subtitle A: General Provisions (sic) - Authorizes appropriations from the Fund of $8.5 billion for FY 1998 through 2002. (Sec. 902) Allows payment of orphan shares as a use of the Fund. (Sec. 903) Authorizes funds for Agency for Toxic Substances and Disease Registry activities for FY 1998 through 2002. (Sec. 904) Sets the following annual limitations on amounts available for FY 1998 through 2002: (1) $30 million for alternative or innovative technologies research, development, and demonstration programs; (2) $37 million, increasing $2 million per year through FY 2000, and $43 million for each of FY 2001 and 2002, for hazardous substance research, demonstration, and training; and (3) $5 million for university research centers. (Sec. 905) Authorizes appropriations to the Fund through FY 2002. (Sec. 906) Sets limits on funding of community response organizations. Specifies that collected response cost recoveries will be credited to the Fund as offsetting collections. (Sec. 907) Allows use of the Fund to reimburse potentially responsible parties following the results of an audit showing costs are unallowable or should be adjusted.
United States · United States Congress · 21 January 1997
Nuclear Waste Policy Act of 1997 - Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Nuclear Waste Policy Act of 1997. Instructs the Secretary of Energy (the Secretary) to: (1) develop and operate an integrated management system for the storage and permanent disposal of spent nuclear fuel and high-level radioactive waste; (2) store spent nuclear fuel and high-level radioactive waste beginning no later than November 30, 1999, at designated facilities pursuant to certain interim storage facility contracts; (3) provide for the transportation of such wastes (using systems and components procured and manufactured in the United States); and (4) engage private sector participation to the greatest extent possible in the implementation of this Act. Shields the United States from any financial liability for the Secretary's failure to meet acceptance or emplacement deadlines under this Act. Establishes an integrated management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Sets a deadline for development of the capability to commence rail to truck intermodal transfer from the mainline rail line at Caliente, Nevada, to the interim storage facility site. Directs the Secretary to offer to enter into a prescribed benefits agreement with Lincoln County, Nevada, including a payment schedule. Requires conveyance to such County of specified Federal lands. Prescribes procedural guidelines for the availability beginning by November 30, 1999, of safe transportation for spent nuclear fuel and high-level radioactive waste from sites designated by the contract holders to mainline transportation facilities using routes that minimize transportation through populated areas. Requires development by such date of a comprehensive management plan that ensures safe transportation from sites designated by the contract holders to the interim storage facility site. Prescribes general transportation requirements, including public education programs for States, local governments, and Indian tribes through whose jurisdiction the Secretary plans to transport substantial amounts of spent nuclear fuel or high-level radioactive waste. Requires a transporter of nuclear waste under contract with the Secretary to comply with all governmental and Indian tribal transportation regulations. Instructs the Secretary of Transportation to promulgate employee protection training standards for workers directly involved in nuclear waste transportation, storage, and disposal. Sets forth a phased schedule for the Secretary to begin operating an interim nuclear waste storage facility; but prohibits construction activities before December 31, 1998. Instructs the Secretary to: (1) cease all but termination activities at the Yucca Mountain site if the President determines it is unsuitable for repository development; (2) present a viability assessment of the site to the President and the Congress by a specified deadline; and (3) proceed with all activities necessary to begin acceptance of nuclear waste at another interim storage facility site designated by the President. Precludes construction activities, however, until the site has been approved by law. Prescribes two-tiered design and licensing phases for the site. Instructs the Administrator of the Environmental Protection Agency to issue generally applicable standards for the protection of the public from releases of radioactive materials or radioactivity from the repository. Mandates that the Nuclear Regulatory Commission's (NRC) repository licensing determinations for the protection of the public be based solely upon a finding that the repository can be operated in conformance with an overall system performance standard that incorporates the Administrator's radiation protection standards. Authorizes the Secretary to make grants (including financial and technical assistance) to enable affected Indian tribes or local governmental units to monitor and review the impact of the integrated management system upon residents at the Yucca Mountain site. Directs the Secretary to offer an affected local government unit the opportunity to designate an on-site representative to conduct oversight activities at an interim storage facility or repository site. Provides that acceptance of benefits under this Act by any affected Indian tribe or local government shall not be deemed an expression of consent to the siting of an interim storage facility or repository in Nevada. Instructs the Secretary of the Interior to convey all Federal interest in specified property to Nye County, Nevada. Prescribes contract guidelines for the Secretary to accept title to, and transport, store, and dispose of spent nuclear fuel or high-level radioactive waste. Prescribes a schedule of annual fees payable to the Secretary of Energy for electricity generated by civilian nuclear power reactors, and of a one-time fee for spent nuclear fuel used in such generation. States that payment of the latter one-time fee relieves the payer of further financial obligation to the Federal Government for its long-term storage or permanent disposal of spent fuel or waste derived from spent nuclear fuel used to generate electricity in a civilian power reactor before January 7, 1983. Mandates annual fee reviews, and adjustment proposals to the Congress if appropriate. Continues the Nuclear Waste Fund. Establishes the Office of Civilian Radioactive Waste Management within the Department of Energy, whose Director shall be directly responsible to the Secretary for executing the Secretary's functions under this Act. Directs the Secretary to issue a final rule establishing the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste from atomic energy defense activities and spent nuclear fuel from foreign research reactors. Authorizes appropriations. Preempts State and local law in favor of this Act and the Atomic Energy Act. Grants U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Prescribes guidelines for NRC licensing hearings about facility expansions and transshipments. Prohibits the Secretary from conducting site-specific activities for a second repository unless the Congress has specifically authorized and appropriated funds for them. Requires the NRC to promulgate regulatory guidelines for: (1) financial arrangements for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Delineates an emplacement schedule for contract holders' spent nuclear fuel and high-level radioactive waste. States that the Secretary's acceptance of spent nuclear fuel or high-level radioactive waste constitutes a transfer of title to the Secretary. Authorizes the Secretary to: (1) accept all spent nuclear fuel withdrawn from Dairyland Power Cooperative's La Crosse Reactor; and (2) pay for the on-site storage of such fuel until DOE removes it from the site. Authorizes the Secretary to establish a Decommissioning Pilot Program to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas. Prohibits the use of the Nuclear Waste Fund for such Pilot Program. Declares that nothing in this or any other Federal law shall be construed as a reservation of Federal water or water rights for any purpose arising under this Act. Authorizes the United States to acquire and exercise such rights, subject to certain restrictions. Continues the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take necessary action to improve the management of the civilian radioactive waste management program to ensure to the maximum extent its operation like a private business. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ, on an on-going basis, integrated performance modeling regarding site characterization. Declares that this Act shall become effective one day after enactment.
United States · United States Congress · 21 January 1997
Family Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to provide for: (1) time-and-a-half compensatory time off; (2) biweekly work programs (allowing more than 40 hours of work in one week and correspondingly less in the other); and (3) flexible credit hour programs (thus providing private sector employees opportunities under such programs similar to those of Federal employees). Amends the exemption from minimum wage and maximum hour requirements for certain executive, administrative, and professional employees and outside salesmen. Prohibits from consideration in determining whether an employee is exempt: (1) the fact that the employee is subject to deductions in compensation for absences from employment of less than a full workday or less than a full pay period; or (2) the payment of overtime compensation or other additions to the compensation of an employee employed on a salary based on hours worked. Allows consideration, in such a determination, of an actual reduction in compensation.
United States · United States Congress · 21 January 1997
Provider-Sponsored Organization Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to give Medicare beneficiaries the option of receiving Medicare coverage through enrollment with provider-sponsored organizations (PSOs) organized and licensed under State law, and certified as meeting certain Federal standards. Requires a PSO to be a qualified health maintenance organization (HMO) and meet other specified criteria. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) Requires a PSO to: (1) deliver a spectrum of health care services (including basic hospital and physicians services) to enrolled purchasers; and (2) provide a substantial proportion of the health care items and services under its Medicare contract through the provider or affiliated group of providers composing the organization. Provides for direct Federal Medicare certification as a qualified PSO through calendar 2001. Authorizes State licensure of PSOs after January 1, 2002, only if: (1) State financial solvency and capital adequacy standards are identical with Federal standards; and (2) State licensure standards are substantially equivalent to Federal standards. Allows a PSO seeking to operate under a full-risk contract or a partial risk contract to apply to the Secretary of Health and Human Services for waiver of State licensure if: (1) the State has failed to act on the PSO's State application within a certain period of time; or (2) the State has denied the PSO's application, but the State's licensing standards or review process impose unreasonable barriers to market entry. Declares that a fiscally sound PSO meets Medicare financial solvency requirements. Prescribes general requirements for a PSO's ongoing quality assurance program (including case-by-case utilization review). Treats such requirements as met if the PSO is accredited by a private organization under a process approved by the Secretary. (Sec. 5) Treats Medicare-eligible organizations, including PSOs, as meeting the "50-50" enrollment composition rule (which requires that a health plan's Medicare and Medicaid enrollees cannot exceed 50 percent of its total enrollment) if they demonstrate: (1) their capability of providing coordinated care in accordance with the quality assurance standards established by this Act; and (2) their experience providing coordinated care to enrollees of a health plan or State Medicaid plan. Reduces enrollment size requirements for eligible organizations under Medicare. (Sec. 6) Permits computation of the adjusted community rate of payment for services for a qualified PSO using data in the general commercial marketplace or (during a transition period) based on costs incurred by the PSO in providing a product. (Sec. 7) Sets forth physician-participation procedure requirements. (Sec. 8) Directs the Secretary to: (1) issue regulations regarding qualified PSO standards; and (2) establish a process for certification of qualified PSOs (including a discretionary application fee). (Sec. 9) Directs the Secretary to provide for demonstration projects in at least ten States that permit Medicaid programs to be treated as Medicare-eligible organizations for individuals eligible to enroll with a Medicare organization and also eligible for Medicaid, for the purpose of demonstrating the delivery of primary, acute, and long-term care through an integrated delivery network that emphasizes noninstitutional care. (Sec. 10) Requires the Secretary to report to the Congress on Medicare partial-risk contracts.
United States · United States Congress · 21 January 1997
Partial-Birth Abortion Ban Act of 1997 - Amends the Federal criminal code to prohibit performing a partial birth abortion in or affecting interstate or foreign commerce, unless it is necessary to save the life of the mother and no other medical procedure would suffice. Defines "partial-birth abortion" as an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery. Prescribes penalties. Authorizes the father and, if the mother is under 18 years of age, the maternal grandparents of the fetus to obtain specified relief in a civil action, even if the mother consented to the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony.
United States · United States Congress · 21 January 1997
Welfare Improvement Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) in order to make various specified changes to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Prohibits States from providing cash TANF benefits for a minor child born to a TANF recipient family with other children or to a person with other children who received TANF assistance during the ten-month period ending with the birth of the child, with certain exceptions for rape or incest, unless the State elects to opt out of the application of such prohibition. Exempts from such prohibition a minor child born into a family with no other children. Requires termination of TANF assistance after the TANF recipient's third refusal to engage in required work activities. Increases from 50 percent to 75 percent the minimum work participation rate required under TANF for FY 2002 and thereafter. Prohibits Federal TANF funds to States which do not establish random drug testing programs under which the TANF assistance for individual family recipients who test positive for controlled substance use is terminated. Amends SSA title XVI (Supplemental Security Income) to expressly provide that nothing in it shall be construed to authorize recruitment activities under such title, including with respect to any outreach programs or demonstration projects.
United States · United States Congress · 21 January 1997
Amends the Fair Housing Act to state that first amendment-protected conduct or membership and court actions (satisfying Federal civil procedure) to enforce Federal, State, or local law shall not constitute housing discrimination under such Act. Prohibits, in a housing discrimination proceeding against a governmental official, the admission as evidence that such official: (1) received information pertaining to the protected membership of another person; or (2) was the subject of a housing discrimination court action. Requires any housing discrimination enforcement guideline to make explicit that protected conduct or membership shall not be restricted nor constitute evidence of discrimination. Prohibits administrative enforcement unless the complaint describes the practice in sufficient detail to enable the Secretary of Housing and Urban Development to determine that such practice is not first amendment-protected. Provides sanctions for impermissible complaints.
United States · United States Congress · 21 January 1997
Government Reform Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan at any time during the 12-year period beginning on the date the Member begins his or her first term. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 8) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 9) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 10) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals. (Sec. 11) Requires all costs to equip, operate, and maintain physical fitness facilities for use by Federal employees to be fully paid by the users of such facilities. Prohibits: (1) appropriated funds made available to executive agencies from being expended for fees for the use of the facilities; and (2) such agencies from granting administrative leave to Federal employees for physical fitness activities. Provides an exception for employees in positions which require them to meet physical fitness standards as a condition of employment. (Sec. 12) Prohibits the expenditure of agency funds to equip, operate, or maintain any federally-owned or operated golf course. Requires such golf courses to be operated by concessionaire contracts and open to use by the general public. Makes exceptions for: (1) golf courses located in remote or isolated areas or those for the use of patients or residents at veterans' hospitals, the United States Soldiers' and Airmen's Home, or the National Institutes of Health; or (2) funds made available from gift funds or representation funds for activities authorized under law. Permits the contracting military base to retain no more than ten percent of the gross revenues generated from any golf course operated by a concessionaire contract to support morale, welfare, or recreational purposes of the base's personnel. Authorizes the Secretary of Defense to: (1) subsidize the golf fees for active and retired enlisted personnel utilizing such contracted courses; and (2) give priority access for military personnel. (Sec. 13) Prohibits the expenditure of agency funds to subsidize the costs to equip, operate, or maintain dining rooms or kitchen facilities for the exclusive use of senior Government officers or to purchase or prepare food for consumption by them. Makes exceptions for dining rooms, facilities, or food for: (1) the exclusive use or consumption of the President or his immediate family; or (2) use to carry out the President's official representational functions or for those official activities conducted by executive branch departments or agencies for which representation funds have been authorized and appropriated. (Sec. 14) Prohibits funds appropriated or otherwise made available to agencies or the Congress from being expended to acquire luxury vehicles or to employ drivers for the purpose of transporting senior Government officers, except for: (1) a Government officer as authorized under Federal law regarding passenger carrier use; (2) a Government officer who holds the office of Assistant Secretary or higher; (3) the head of any executive agency and the second highest ranking officer in such agency; (4) officials commissioned by the President or paid at a rate of pay equal to or greater than the rate payable for level IV of the Executive Schedule in the Executive Office of the President; or (5) Members of Congress serving in leadership positions (including any former President pro tempore of the Senate) or elected or appointed officers of the Congress. Requires the General Services Administration (GSA) to prescribe regulations and uniform guidelines for all executive agencies for the purchase or lease of luxury vehicles that shall ensure the least cost to the Government. Requires GSA to report to the Congress annually on: (1) executive agency compliance with such regulations; (2) the number, type, cost, and purpose of vehicles purchased or leased by each executive agency; and (3) the Federal officers and employees who used such vehicles. Requires each legislative branch agency (including each congressional office and committee) to submit comparable reports to the agency's appropriate administrative offices.
United States · United States Congress · 21 January 1997
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
United States · United States Congress · 21 January 1997
Foreign Aid Reform Act of 1997 - Prohibits U.S. assistance to a foreign country that did not cast its vote in agreement with the United States for at least 50 percent of the recorded votes taken in the General Assembly and Security Council of the United Nations during the preceding calendar year. Prohibits domestic Federal agencies from furnishing, directly or indirectly, assistance to a foreign country or international organization. Declares it shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report providing new budget authority for a fiscal year with respect to foreign operations, export financing, or other related U.S. activities until that House of the Congress has passed all other appropriations measures for that year.
United States · United States Congress · 21 January 1997
Social Security and Medicare Trust Funds Protection Act of 1997 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to prohibit the use of the trust funds supporting such programs for certain official time expenditures for employees of the Social Security Administration and the Department of Health and Human Services who are also labor organization representatives.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Capital Gains Reform Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations Subtitle B: Capital Gains Reduction for Corporations Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence Title II: Small Business Venture Capital Stock Capital Formation Act of 1997 - Title I: Capital Gains Reform - Subtitle A: Capital Gains Deduction for Taxpayers Other Than Corporations - Amends the Internal Revenue Code to make, for noncorporate taxpayers, 50 percent of net capital gains deductible from gross income. Allows the deduction in computing adjusted gross income. Subtitle B: Capital Gains Reduction for Corporations - Reduces the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Allows an individual to deduct losses arising from the sale or exchange of the taxpayer's principal residence. Title II: Small Business Venture Capital Stock - Increases from 50 percent to 75 percent the exclusion of any gain from the sale or exchange of qualified small business stock held more than three (currently, five) years and applies the exclusion to corporate as well as noncorporate taxpayers. Repeals the minimum tax preference. Increases the dollar gross asset limits domestic C corporations must not exceed in order to qualify for the exclusion as small businesses and institutes an inflation adjustment for those limits. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies working capital provisions and the definition of "qualified trade or business," both with regard to meeting the active business requirement and to requirements regarding purchases by a corporation of its own stock. Permits, as specified, the rollover of gain from the sale of qualified small business stock to another small business stock.
United States · United States Congress · 21 January 1997
Drug Use Prevention Act of 1997 - Amends: (1) the Social Security Act to exclude individuals and entities from participation in Medicare and State health care programs (participation) for administering, dispensing, or recommending the use of marihuana to an individual in violation of Federal or State law; and (2) the Controlled Substances Act (CSA) to direct the Attorney General to deny an application for registration, or revoke a registration, of a practitioner to dispense, or conduct research with, controlled substances upon a finding by the Attorney General that the applicant practitioner administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law or that the applicant practitioner has been excluded (or directed to be excluded) from participation for illegally dispensing marihuana. Deems a practitioner to have "recommended" the use of marihuana if he or she offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity. Amends the CSA to prohibit: (1) an individual from acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana; and (2) a practitioner from prescribing, dispensing, or recommending the use of marihuana. Directs that, in addition to any other applicable penalty, any practitioner who violates the CSA by prescribing, dispensing, or recommending the use of marihuana to a person under age 21 be sentenced to up to eight years' imprisonment, fined up to $60,000, or both.
United States · United States Congress · 21 January 1997
Fairness in Musical Licensing Act of 1997 - Revises Federal copyright law to provide that communication by electronic device of a transmission embodying a performance or display of a nondramatic musical work by the reception of a broadcast, cable, satellite, or other transmission shall not be a copyright infringement unless an admission fee is charged to see or hear the transmission or the transmission is not properly licensed. Applies the infringement exemption for the performance of a nondramatic musical work at an annual agricultural or horticultural fair or exhibition to such performance at agricultural or horticultural fairs, exhibitions, conventions, meetings, and events. Excludes as a copyright infringement the performance of a nondramatic musical work: (1) by a commercial establishment at no charge when a purpose of the performance is to promote audio, video, or other devices utilized in such performance; and (2) at an organized children's camp if the children in attendance sing, dance, or participate in all or a portion of such work, or when the performance is of an instructional nature. (Sec. 3) Specifies that if a general music user and a performing rights society are unable to agree on the appropriate fee to be paid for the user's past or future performance of musical works in the society's repertoire, the user shall be entitled to binding arbitration of such disagreement pursuant to the rules of the American Arbitration Association in lieu of any other dispute-resolution mechanism established by any judgment or decree governing the operation of such society. Requires the arbitrator to determine a fair and reasonable fee for the user's past and future performance of works in such society's repertoire and to impose a penalty for infringement if the user's past performance infringed the copyright of such works. Makes an arbitrator's determination binding on both parties. Sets forth provisions regarding civil actions for infringement that may be submitted to arbitration if the license fee for a performance is contested. (Sec. 4) Requires a performing rights society, at the request of any radio broadcaster, to offer the broadcaster a per programming period license to perform nondramatic musical works in its repertoire. Directs that such license be offered on terms and conditions that provide an economically and administratively viable alternative to the society's blanket license for all such broadcasters. Sets forth provisions regarding prices of such licenses. Authorizes radio broadcasters entitled to a per programming period license to bring actions to require compliance with such requirements. (Sec. 5) Directs each performing rights society to make available free online computer access to copyright and licensing information for each work in its repertoire as well as a semiannual printed directory of each title in its repertoire. Requires such society, upon request, to provide to any person who may perform musical works in its repertoire copies of documentation establishing the society's right to license the public performance of such works. Bars a society from instituting or being a party to any action alleging infringement in, or charging a fee under any per programming period license for, any work in the repertoire that is not identified or documented as described above, with exceptions. (Sec. 6) Requires the Attorney General to report annually to the Congress on the activities of the Department of Justice relating to the continuing supervision and enforcement of specified consent decrees of the American Society of Composers, Authors, and Publishers and Broadcast Music, Inc. (Sec. 7) Sets forth conditions under which landlords, organizers of conventions, or others making space available to another party are exempt from liability under any theory of vicarious or contributory infringement with respect to an infringing public performance of a copyrighted work by a tenant, lessee, or other user of such space.
United States · United States Congress · 21 January 1997
Amends the Internal Revenue Code to revise provisions concerning rules relating to returns of organizations engaging in lobbying activities, including requiring notice to members of tax-exempt organizations of the portion of their dues used for such activities. Excludes from the two-percent floor on miscellaneous itemized deductions rule dues for tax-exempt organizations, except for veterans' organizations.
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Child Tax Credit Title II: Capital Gains Reform Subtitle A: Taxpayers Other Than Corporations Subtitle B: Corporate Capital Gains Subtitle C: Capital Loss Deduction Allowed with Respect to Sale or Exchange of Principal Residence Title III: Estate and Gift Provisions Title IV: Savings Incentives American Family Tax Relief Act - Title I: Child Tax Credit - Amends the Internal Revenue Code to allow a credit of $500 per child. Reduces such credit incrementally as income increases above threshold amounts. Title II: Capital Gains Reform - Subtitle A: Taxpayers Other Than Corporations - Provides for taxpayers, other than corporations, a deduction of 50 percent of net capital gain. Provides that, in the case of an estate or trust, the deduction shall be computed by excluding the portion of the gains from sales or exchanges of certain capital assets includible in gross income by the income beneficiaries as gain derived from the sale of capital assets. Excludes collectibles gain from the computation of net capital gain. Sets forth a formula for determining the maximum rate on nondeductible capital gain. Allows the deduction in computing adjusted gross income. (Sec. 202) Provides that for taxpayers, other than corporations, the indexed basis of an asset shall be substituted for its adjusted basis in determining gain on the disposition of an indexed asset, if held more than three years. Defines an indexed asset as: (1) common stock in a C corporation; and (2) tangible property which is a capital asset used in a trade or business. Defines the indexed basis as: (1) the adjusted basis of the asset, increased by; (2) the applicable inflation adjustment. Defines applicable inflation adjustment. Suspends treatment of an asset as an indexed asset during any period in which a taxpayer enters into an agreement which substantially reduces the risk of loss of holding the asset. Provides for the treatment of short sales. Permits such substitution, subject to stated exceptions, to any qualified investment entity. Permits stock in a regulated investment company or a real estate investment trust to be an indexed asset as specified. Provides for pass-through in the case of: (1) a partnership to partners; (2) an S corporation to shareholders; and (3) a common trust fund to participants. Makes the provisions of this section inapplicable to a disposition of property between related persons, except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Sets forth rules concerning: (1) improvements; (2) assets which are not indexed assets throughout the holding period; (3) treatment of certain dispositions; (4) acquisition date where there has been a prior application of this section; and (5) collapsible corporations. Applies the provisions of this section to the disposition of property the holding period of which began after December 31, 1996. (Sec. 203) Repeals the minimum tax preference applicable to the sale of certain small business stock. Doubles the amount of assets a qualified small business may have and remain eligible for reduced rates. Repeals the per-issuer limitation on a taxpayer's eligible gain. Requires that certain working capital of a small business must be expended in five (currently, two) years to be treated as actively in business. Subtitle B: Corporate Capital Gains - Provides for a reduction in the alternative capital gains tax for corporations. Subtitle C: Capital Loss Deduction Allowed With Respect to Sale or Exchange of Principal Residence - Treats as a deductible capital loss a loss from the sale or exchange of a principal residence. Title III: Estate and Gift Provisions - Increases, over an eight year period, the unified estate and gift tax credit. (Sec. 302) Establishes estate tax rules for qualified family-owned business interests, if such interests exceed 50 percent of the adjusted gross estate. Excludes, subject to specified requirements, from the value of such an estate the lesser of: (1) the adjusted value of the qualified family-owned business interests of the decedent otherwise includible in the estate, or; (2) the sum of $1.5 million, plus 50 percent of the excess of the adjusted value of such interests over $1.5 million. Subjects such exclusion to recapture, if specified events occur. (Sec. 303) 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. Title IV: Savings Incentives - Increases incrementally, through the year 2000, the adjusted gross income phaseout limits for IRA (individual retirement account) contributions. Repeals, after the year 2000, such limits. Permits a spouse who is not an active IRA plan participant to make a deductible IRA contribution of up to $2,000 without regard to such limits. (Sec. 403) Permits an individual to create an IRA Plus Account into which limited nondeductible contributions can be made. Excludes a qualified distribution from gross income. Defines a qualified distribution as any distribution made: (1) after age 59 and one-half; (2) to a beneficiary after the death of the owner of the account; (3) because of disability; or (4) as a qualified special purpose distribution (medical expenses, long-term unemployment, etc.). Prohibits distributions made within five years of establishing (or, of rolling over into) such an account as being treated as qualified distributions. (Sec. 404) Permits tax-free withdrawals from an individual retirement account for: (1) business start-up costs; (2) long-term (more than 12 weeks) unemployment; or (3) higher education expenses of the taxpayer or the taxpayer's spouse or child.
United States · United States Congress · 21 January 1997
Constitutional Amendment - Grants victims of crimes of violence and other crimes that the Congress may define by law the right to: (1) notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at a public pre-trial or trial proceeding to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a public parole proceeding, or at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) notice of a release pursuant to a public or parole proceeding or an escape; (4) a final disposition of the proceedings relating to the crime free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the victim's safety in determining any release from custody; and (7) notice of the rights established by this amendment. Grants the victim standing to assert such rights. Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to obtain a stay of trial, or to compel a new trial or for the accused or convicted offender to obtain any form of relief; or (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official. Grants power to the Congress and the States to enforce this amendment within their respective jurisdictions by appropriate legislation, including the power to enact exceptions when required for compelling reasons of public safety or for judicial efficiency in mass victim cases.
United States · United States Congress · 21 January 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities. States that an authorization shall remain in effect until revoked and may be revoked at any time.
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