United States · United States Congress · 21 January 1997
Medicare 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: (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. (Sec. 2) 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. Sets forth physician-participation procedure requirements and other special rules. Directs the Secretary to issue regulations regarding qualified PSO standards, which shall preempt State law. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) 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. (Sec. 5) Provides that a health maintenance organization under Medicaid includes a public or private organization which may be a PSO. (Sec. 6) 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. 7) Prescribes rules on coverage of emergency services by all Medicare plans. (Sec. 8) Limits State law restrictions on managed care arrangements; but exempts from such restrictions any law that has the effect of preventing involuntary denial of life-saving medical treatment when such denial would cause the patient's involuntary death pending transfer to a health care provider willing to provide such treatment. (Sec. 9) Requires the Department of Justice and the Federal Trade Commission to provide jointly for the development and publication of explicit, binding guidelines on the application of antitrust laws to PSO activities, addressing PSO formation, development, and operation issues of PSOs and facilitating their development and operation.
United States · United States Congress · 21 January 1997
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish, for purposes of disability determinations under such program, a uniform minimum level of earnings for demonstrating ability to engage in substantial gainful activity, at the level currently applicable solely to blind individuals. Repeals the restriction of such minimum earnings level to blind individuals only.
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
Commercial Revitalization Tax Act of 1997 - Amends the Internal Revenue Code to allow an investment tax credit equal to a percentage of expenditures for depreciable property in connection with the rehabilitation or reconstruction of a nonresidential building located in: (1) an empowerment zone or enterprise community; (2) an area established pursuant to a consolidated planning process for the use of Federal housing and community development funds; or (3) a low-income commercial revitalization district specially designated by a State or local government which is not primarily a nonresidential central business district. Requires, for qualification of such expenditures, that they exceed 25 percent of the fair market value of the building before rehabilitation. Imposes a State ceiling on the availability of the credit.
United States · United States Congress · 9 January 1997
Amends the Federal criminal code to increase mandatory minimum sentences for possessing a firearm during and in relation to any crime of violence or drug trafficking crime.
United States · United States Congress · 9 January 1997
Breast Cancer Early Detection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of an annual screening mammography under Medicare part B (Supplementary Medical Insurance) for women age 65 or older.
United States · United States Congress · 9 January 1997
Marine Resources Revitalization Act of 1997 - Amends the National Sea Grant College Program Act to add or modify various definitions. Modifies the duties of the Program's Director. Sets forth the duties of sea grant institutions (defined as sea grant colleges, sea grant regional consortia, and certain types of entities conducting a sea grant program with amounts under the Act), including merit-reviewing grant and contract applications. Repeals provisions relating to the sea grant international program. Revises requirements for designating sea grant colleges and consortia. Repeals provisions mandating postdoctoral fellowships. Authorizes appropriations for grants, contracts, and fellowships. Removes the separate authorization of appropriations for administration, limiting administration expenditures to a percentage of funds appropriated for grants, contracts, and fellowships. Repeals provisions authorizing appropriations for priority oyster disease research. Modifies the maximum pay for the Program's Director and for voting members of the sea grant review panel.
United States · United States Congress · 9 January 1997
TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1997 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on projected outlays and benefits of the Medicare program under title XVIII of the Social Security Act; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed the limit specified under title II of this Act. Prohibits such recommendations from including changes relating to the payment of payroll taxes for financing the program. Sets forth procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Requires Congress, by April 15 of each year, to establish, in the concurrent resolution on the budget for the following fiscal year, a limit on total Medicare program outlays for the fiscal year involved. Provides for the enforcement of such limits through sequestration of outlays under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 9 January 1997
Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.
United States · United States Congress · 9 January 1997
Truth in Political Advertising Act - Prohibits an individual from disseminating, or causing to be disseminated, any false political advertisement by U.S. mails or by any means in or having an effect on commerce. Directs the Federal Trade Commission to impose a specified civil monetary penalty. Shields certain media from liability for the dissemination of any false political advertisement, unless a Federal Trade Commission request for the name and post-office address of the person causing such dissemination is refused.
United States · United States Congress · 9 January 1997
Prohibits the Secretary of Health and Human Services and any other Federal official from: (1) regulating the use of tobacco or a tobacco product as a sponsor of an event of the National Association of Stock Car Automobile Racing or other professional motor sports association under the Federal Food, Drug, and Cosmetic Act; and (2) taking any action with respect to tobacco advertising used by such associations under the Federal Cigarette Labeling and Advertising Act or the Comprehensive Smokeless Tobacco Health and Education Act of 1986.
United States · United States Congress · 9 January 1997
Breast-Cancer Research Stamp Act - Requires the U.S. Postal Service to establish a special rate of postage for first-class mail that is one cent higher than the regular rate as an alternative that patrons may use voluntarily to contribute to funding for breast-cancer research. Authorizes the Service to design and sell special stamps. Requires the Service to pay amounts attributable (additional revenues minus costs) to the one-cent differential to the National Institutes of Health as mutually agreed.
United States · United States Congress · 9 January 1997
Subsidy Termination for Overdue Payments Act of 1997 - Prohibits a Federal agency or instrumentality from providing financial assistance, with specified exceptions, without certification that the applicant is: (1) not more than 60 days delinquent in the payment of a child support payment order; or (2) in compliance, if so delinquent, with an agreement regarding support collection with the person to whom payment is to be made or a State providing collection services to that person.
United States · United States Congress · 9 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 deduction for individual retirement accounts (IRAs), 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 the exclusion of qualified distributions from gross income). Title II: Penalty-Free Distributions - Permits distributions without penalty for qualified: (1) first home purchases; (2) higher education expenses; and (3) unemployed individuals.
United States · United States Congress · 9 January 1997
Constitutional Amendment - Requires the election of Representatives in Congress every four years on the same day as the presidential election. Limits Representatives to three terms and Senators to two. Deems Representatives who have served two years of a term and Senators who have served three to have served a full term.
United States · United States Congress · 9 January 1997
Expresses the sense of the House of Representatives that no Federal funds should be used to pay for or support any program that is based upon the premise that "Ebonics" is a legitimate language.
United States · United States Congress · 7 January 1997
Reconstructive Breast Surgery Benefits Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require group health plans and insurers offering group health coverage, if they cover a mastectomy, to also cover reconstructive breast surgery resulting from the mastectomy, including surgery on a nondiseased breast to establish symmetry. Prohibits related: (1) denial of coverage or monetary incentives to women; and (2) penalties or incentives to providers. Amends the Public Health Service Act to apply the above requirements to individual health insurance coverage.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code, with respect to limitations on the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55, to disregard such an election by one married individual (for purposes of determining whether an election may be made by the individual's spouse with respect to property owned by the spouse before the date of marriage) with respect to a sale or exchange: (1) before the date of marriage; or (2) on or after the date of marriage of property owned by such individual before such date. Allows a separate dollar limitation for each election permitted under this provision.
United States · United States Congress · 7 January 1997
Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.
United States · United States Congress · 7 January 1997
Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage.
United States · United States Congress · 7 January 1997
Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. Directs the Secretaries to submit to the Congress an interim and final report on various project aspects.
United States · United States Congress · 7 January 1997
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Provides that failure to comply shall give rise to a point of order in either House of Congress.
United States · United States Congress · 7 January 1997
No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag. Directs the Attorney General to establish similar conditions in the Federal prison system.
United States · United States Congress · 7 January 1997
Social Security Trust Funds Integrity Act of 1997 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) of the Social Security Act to restructure the Board of Trustees of the trust funds supporting the OASDI and Medicare programs, with each Board composed of members appointed by the President, by and with the advice and consent of the Senate, on a bipartisan basis at the recommendation of House and Senate leadership and the five largest organizations representing senior citizens. Makes it the duty of the Managing Trustee chairing the Board to invest trust fund amounts not necessary to meet current withdrawals according to an annual investment plan the Board is required to formulate and submit to the President and the Congress. Removes restrictions on investment and disinvestment of amounts in such trust funds.
United States · United States Congress · 7 January 1997
Inspector General for Medicare and Medicaid Act of 1997 - Establishes an independent executive branch Office of the Inspector General for the Medicare and Medicaid Programs to supervise, oversee, and audit the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act. Amends the Inspector General Act of 1978 with regard to such office, among other things extending its duties to the prevention and detection of waste, fraud, and abuse under such programs. Authorizes appropriations.
United States · United States Congress · 7 January 1997
Push Poll Disclaimer Act - Amends the Federal Election Campaign Act of 1971 to require individuals conducting polls by telephone or electronic means to interview individuals on opinions relating to any election for Federal office, to disclose the following information: (1) the individual's identity; (2) the identity of the individual sponsoring the poll or paying the expenses associated with the poll; and (3) if during the interview the individual provides information relating to a candidate for the election, the source of the information (or, if there is no source, a statement to that effect).
United States · United States Congress · 7 January 1997
Individual Training Account Act of 1997 - Amends the Internal Revenue Code to allow an individual a deduction for amounts paid yearly into an individual training account for the benefit of such individual. Describes such account as one to pay the expenses of job training and job-related relocation.
United States · United States Congress · 7 January 1997
American Farm and Ranch Protection Act of 1997 - Amends the Internal Revenue Code to exclude from the gross estate, if elected by the executor, the value of land subject to a qualified conservation easement, except for any debt-financed portion. Provides for the treatment of any retained development right. Adds references to such property to provisions controlling the basis of property acquired from a decedent. Prohibits treating the transfer by gift of land subject to a qualified conservation easement as a transfer of property by gift for purposes of provisions relating to gift taxes. Amends provisions relating to the valuation of certain farm and other real property to prohibit a qualified conservation contribution (as defined in provisions relating to charitable contributions) from being deemed a disposition unless it is subject to a conservation easement. Declares that, if property is otherwise qualified real property, being subject to a conservation easement does not disqualify it. Allows a contribution to be treated as exclusively for conservation purposes if the surface estate and mineral interests have been and remain separated (currently, if the surface estate and mineral interests were separated before June 13, 1976, and remain separated) and if the probability of surface mining is so remote as to be negligible.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to specify the rate of tax on draft cider containing certain percentages of alcohol. Excludes the tax from the credit for small domestic producers.
United States · United States Congress · 7 January 1997
Amends the Federal Election Campaign Act of 1971 to prohibit contributions or expenditures by a foreign national in connection with the election of candidates for Federal political office. Redefines foreign national to include any individual who is not a U.S. citizen, whether in the U.S. lawfully or unlawfully.
United States · United States Congress · 7 January 1997
Amends the Internal Revenue Code to exempt from State unemployment tax law coverage any service performed in the employ of a tax-exempt elementary or secondary school that is operated primarily for religious purposes.
United States · United States Congress · 7 January 1997
Capital Gains Tax Reduction Act of 1997 - Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for both individuals and corporations. Provides for the indexing of assets for determining gain or loss.
United States · United States Congress · 7 January 1997
TABLE OF CONTENTS: Title I: Amendments to the Individuals with Disabilities Education Act Title II: Miscellaneous Provisions IDEA Improvement Act of 1997 - Title I: Amendments to the Individuals with Disabilities Education Act - Revises the Individuals with Disabilities Education Act (IDEA) to allow States to extend use of the developmental delay category of eligibility for children up to age nine. (Sec. 101) Eliminates certain provisions for: (1) acquisition of equipment and construction; and (2) removal of architectural barriers. Revises the program of assistance for education of all children with disabilities. Revises the funding formula for allotments to States. Provides for increases in allotments over a transition period of FY 1998 through 2006. Bases the new formula on a State's: (1) child population; and (2) child poverty. Authorizes appropriations. Sets forth requirements for least restrictive environment in placement of students. Requires States to use methods of distributing IDEA funds that ensure compliance with such requirements. Allows a public agency to reduce or deny reimbursement to parents of a child placed in a private school without the public agency's consent or referral if: (1) the parents (with specified exceptions) did not notify the agency of the intended placement, with a written statement of their concerns, at least ten days before the child's removal from public school; (2) the parents did not make the child available for a local educational agency (LEA) initial assessment and evaluation before the child's removal from public school and enrollment in private school; or (3) it is so ruled at the judge's discretion. Allows an LEA to reduce its level of special education expenditures under specified limited circumstances. Allows commingling of Federal and State special education funds under certain circumstances. Authorizes the Secretary to modify certain LEA requirements for ten designated LEAs or groups of LEAs which endeavor to achieve innovative delivery of services. Revises provisions for evaluations, reevaluations, individualized education programs (IEPs), and educational placements. Grants parents a right to refuse an initial evaluation of a referred child's need for special education services. Authorizes the LEA, in such a circumstance, to utilize certain mediation and due process procedures to resolve the dispute. Prohibits construing the parents' consent for a child's evaluation as consent for placement for receipt of special education and related services. Requires, in the cases of children whose behavior impedes their own or others' learning, the IEP Team to consider strategies, including behavioral management plans, to address that behavior. Includes the following categories of behavior, at school or a school function, among those for which school personnel may order removal of a child with a disability from the classroom, and placement in an alternative educational setting, for an additional 45 days over the regular ten-day limit for such a removal: (1) carrying any weapons (current law only covers firearms); (2) having, using, soliciting sale of, or selling medications or illegal drugs; and (3) causing serious physical or emotional injury as a result of physical or verbal assault. Authorizes a hearing officer to order such a change of placement for up to 45 days if there is substantial evidence that maintenance of the current placement is substantially likely to result in injury to the child or to others. Requires an IEP Team to review whether the child's inappropriate action was a manifestation of the disability, including review of the technical soundness of the behavior management plan. Allows change of placement, with the parents' agreement, if the behavior is a result of the disability. Provides for an immediate appeal to the hearing officer if the parents disagree with the determination or the changed educational placement. Allows application to children with disabilities of the same relevant disciplinary procedures applicable to children without disabilities, if the behavior is determined to be not a manifestation of the disability. Allows a due process hearing if the parents disagree with such application of discipline. Requires States and LEAs receiving IDEA assistance to offer parents voluntary mediation procedures for disputes over provision of free appropriate public education to children with disabilities. Requires all parties in a dispute to disclose, for review, to all other parties evaluations and recommendations intended for use at the hearing. Revises the program for infants and toddlers with disabilities, repealing a requirement that all State policies and assurances pertaining to programs for infants and toddlers with disabilities be filed with every application to the Department of Education. Authorizes appropriations for FY 1998 through 2002. Provides for national activities to improve education of children with disabilities, replacing current provisions for training personnel for the education of individuals with disabilities, and consolidating as discretionary programs certain current programs. Authorizes: (1) the Secretary to carry out various national research and improvement activities; (2) States to apply for improvement grants upon certification that a collaborative process with specified types of participants has been used in developing the State improvement plan for special education and early intervention systems; and (3) the Secretary to make grants to and contracts with parent organizations to support parent training and information centers, as well as provide technical assistance for such centers' programs. Authorizes appropriations for FY 1998 through 2002. Authorizes the Secretary to make personnel development grants and contracts for: (1) various activities of national significance relating to development of personnel to work with children with disabilities; (2) professional development for personnel who will provide educational and related services to children with low-incidence disabilities, and personnel who will provide early intervention services to infants and toddlers with disabilities; and (3) preparation of leadership personnel. Directs the Secretary to develop a plan for providing outreach services to increase the participation in competitions for such personnel development grants and contracts by: (1) Historically Black Colleges and Universities and other higher education institutions with at least 25 percent minority enrollment; (2) specified eligible institutions under provisions of the Higher Education Act of 1965 for strengthening institutions with high enrollments of needy students; (3) nonprofit and for-profit agencies at least 51 percent owned or controlled by one or more minority individuals; and (4) underrepresented populations. Title II: Miscellaneous Provisions - Amends the Elementary and Secondary Education Act of 1965 to provide for coordination of schoolwide programs with those under IDEA. (Sec. 203) Repeals specified parts of IDEA superseded by this Act.
United States · United States Congress · 7 January 1997
Working Families Flexibility Act of 1997 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to a collective bargaining agreement with employee representatives, or, where there is no recognized labor organization, pursuant to an agreement with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue. Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.
United States · United States Congress · 7 January 1997
Medicare Preventive Benefit Improvement Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for expanded coverage of preventive benefits under part B (Supplementary Medical Insurance) of the Medicare program. Makes all women over age 49 eligible for annual screening mammography benefit coverage. Waives the deductible co-payment on such benefit. Makes women of childbearing age (if they have not had a negative result in such a test in each of the preceding three years), or at high risk of developing cervical cancer, eligible for yearly pap smears, by suspending in their cases a specified three-year frequency limitation on benefit coverage for screening pap smears. Makes such women eligible also for yearly screening pelvic exams, including a clinical breast exam. Makes other women eligible for triennial screening pelvic exams. Waives the deductible co-payment for such exams. Adds coverage of screening procedures, with specified payment and frequency limitations, for early detection of colorectal cancer, including fecal occult blood test, flexible sigmoidoscopy, and colonoscopy for high risk individuals, as well as a barium enema if the Secretary of Health and Human Services finds that to be an appropriate alternative to a sigmoidoscopy or a colonoscopy. Directs the Secretary to make a decision within two years about covering screening barium enemas as such an alternative. Adds biennial coverage of certain prostate cancer screening procedures for men over 50 years of age, including a digital rectal examination and a prostate-specific antigen (PSA) blood test. Adds coverage of the following diabetes screening benefits: (1) diabetes outpatient self-management training services; and (2) blood-testing strips (with payment based on inexpensive, routinely purchased durable medical equipment). Directs the Secretary to: (1) establish outcome measures to evaluate improvement of the health of Medicare beneficiaries with diabetes mellitus; and (2) submit recommendations to the Congress regarding modifications to the Medicare coverage of services for such beneficiaries.
United States · United States Congress · 7 January 1997
Deficit Reduction Lock-box Act of 1997 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office (CBO) to maintain a Deficit Reduction Lock-box Ledger which shall be divided into entries corresponding to the subcommittees of the Committees on Appropriations. Requires each entry to consist of three parts: (1) the House Lock-box Balance; (2) the Senate Lock-box Balance; and (3) the Joint House-Senate Lock-box Balance. Requires the CBO Director, upon the engrossment of any appropriation bill by the House of Representatives and upon the engrossment of that bill by the Senate, to credit to the applicable entry balance of that House amounts of new budget authority and outlays equal to the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by that House to that bill. Specifies the amounts to be credited to the Joint House-Senate Lock-box Balance. Requires a running tally to be available to Members of the House of Representatives, during the consideration of any appropriations bill by the House, of the amendments adopted reflecting increases and decreases of budget authority in such bill as reported. Provides for the downward adjustment of: (1) allocations for the House and Senate upon the engrossment of Senate amendments to any appropriation bill; and (2) suballocations, whenever a such a downward adjustment is made to an allocation. Requires the Director of the Congressional Budget Office to include an up-to-date tabulation of the amounts contained in the Deficit Reduction Lock-box Ledger and each entry in periodic reports. Requires the downward adjustment of discretionary spending limits by amounts set forth in the final regular appropriation bill for the fiscal year or joint resolution making continuing appropriations through the end of such fiscal year.
United States · United States Congress · 7 January 1997
Balanced Budget Requirement Act of 1996 (sic) - Amends specified Federal law to require that each President's budget submission to Congress include a detailed plan to achieve a balanced Federal budget for that fiscal year and each of the following four fiscal years (beginning with the budget submission for FY 1998, which shall include a detailed plan to achieve a balanced budget by FY 2002, and then for any budget submission for any fiscal year after FY 2002). Suspends such requirement for any fiscal year covered by a joint resolution declaring war or a national economic or national security emergency. Requires the Director of the Congressional Budget Office to certify whether such balanced budget plan does achieve a balanced budget. Authorizes the President to submit a revised detailed plan if the original plan is not certified as achieving a balanced budget. Amends the Congressional Budget Act of 1974 (CBA) to provide that: (1) beginning with FY 1998, it shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that does not achieve a balanced budget by FY 2002; and (2) beginning with FY 2002 it shall not be in order to consider any concurrent resolution on the budget that does not maintain a balanced budget for that fiscal year and for each of the following four fiscal years. Suspends such requirement when there is a joint resolution declaring war or a national economic or national security emergency. Amends CBA to make it in order, in both the Senate and the House of Representatives, to consider any amendment to a concurrent resolution on the budget for a fiscal year reflecting, without substantive change, the budget submitted by the President for that fiscal year and, if different, a separate amendment reflecting the detailed plan to achieve a balanced budget submitted by the President.
United States · United States Congress · 7 January 1997
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement (union security agreement), to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 7 January 1997
Privatization of Art Act - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA). Renames such Act the National Foundation on the Humanities Act of 1965. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of the NEA and the NCA.
United States · United States Congress · 7 January 1997
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.
United States · United States Congress · 7 January 1997
Military Retirement Equity Act of 1997 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 7 January 1997
Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.
United States · United States Congress · 7 January 1997
Volunteer Firefighter and Rescue Squad Worker Protection Act - Amends the Fair Labor Standards Act of 1938 to exclude from coverage any fire fighters or rescue squad members during the period in which they volunteer their services at a facility where they are not then regularly employed. Waives overtime compensation requirements when fire fighters or rescue squad members volunteer their services to their employer and sign a legally binding waiver. Prohibits employer coercion of such volunteering.
United States · United States Congress · 7 January 1997
Drug Importer Death Penalty Act of 1997 - Amends the Controlled Substances Import and Export Act to direct the court to sentence a person convicted of bringing into the United States a proscribed quantity of a mixture or substance containing a controlled substance in an amount the Attorney General has determined is equal to 100 usual dosage amounts to life imprisonment without possibility of release (or, if the defendant has violated such provision on more than one occasion and if certain requirements under the Federal criminal code are met, to death). Makes conforming amendments to the code.
United States · United States Congress · 7 January 1997
Citizens' Self-Defense Act of 1997 - Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.
![Official portrait of Sen. Graham, Lindsey [R-SC]](https://www.congress.gov/img/member/29c09ee2f48f20442f562980da6579ba_200.jpg)