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Bill· SS. 1049 (105th)referred
United States · United States Congress · 22 July 1997
Directs the Secretary of Agriculture to make a boundary adjustment of the Hells Canyon Wilderness to exclude a specified Forest Service road (which shall continue to be part of the Hells Canyon National Recreation Area) so that it may continue to be used by motorized vehicles to its historical terminus at Squirrel Prairie.
Bill· HRH.R. 2208 (105th)referred
United States · United States Congress · 22 July 1997
Consumers' Nutrition and Health Information Act - Amends the Federal Food, Drug, and Cosmetic Act to allow a health claim to be made regarding the relationship of a food to a disease or health-related condition if: (1) an authoritative Federal scientific body with official responsibility for public health protection or research directly relating to human nutrition or the National Academy of Sciences has published a statement recognizing that the relationship between the nutrient and disease or health-related condition is supported by pertinent scientific evidence; (2) a person has notified the Secretary of the claim; and (3) the food is not misbranded.
Resolution· HRESH.Res. 193 (105th)passed
United States · United States Congress · 22 July 1997
Sets forth the rule (modified closed) for the consideration of H.R. 2160 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs appropriations).
Bill· SS. 1042 (105th)referred
United States · United States Congress · 21 July 1997
Imported Produce Labeling Act of 1997 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Authorizes fines for violations of such provision.
Bill· SS. 1028 (105th)open
United States · United States Congress · 17 July 1997
Quincy Library Group Forest Recovery and Economic Stability Act of 1997 - Directs the Secretary of Agriculture to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified fire resiliency resource management activities recommended by the Quincy Library Group-Community Stability Proposal. Exempts spotted owl habitat and protected areas within the project area from such required activities and timber harvesting. Provides for riparian protection. Limits: (1) annual project acreage; (2) funding sources; (3) project duration; and (4) report expenditures. Requires corresponding amendments to be made to the Plumas, Lassen, and Tahoe forest management plans within a specified time. Sets forth reporting provisions.
Bill· SS. 1033 (105th)open
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Agricultural Programs Title II: Conservation Programs Title III: Rural Economic and Community Development Programs Title IV: Domestic Food Programs Title V: Foreign Assistance and Related Programs Title VI: Related Agencies and Food and Drug Administration Title VII: General Provisions Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998 - Title I: Agricultural Programs - Appropriates funds for FY 1998 for the following Department of Agriculture programs and services: (1) Office of the Secretary of Agriculture; (2) executive operations (Chief Economist and National Appeals Division); (3) Office of Budget and Program Analysis; (4) Office of Small and Disadvantaged Business Utilization; (5) Office of the Chief Financial Officer; (6) Chief Financial Officer; (7) Office of the Assistant Secretary for Administration; (8) Agriculture buildings and facilities and rental payments; (9) hazardous waste management; (10) departmental administration; (11) Office of the Assistant Secretary for Congressional Relations; (12) Office of Communications; (13) Office of the Inspector General; (14) Office of the General Counsel; (15) Office of the Under Secretary for Research, Education, and Economics; (16) Economic Research Service; (17) National Agricultural Statistics Service; (18) Agricultural Research Service; (19) Cooperative State Research, Education, and Extension Service; (20) Native American Institutions Endowment Fund;(21) extension activities; (22) Office of the Assistant Secretary for Marketing and Regulatory Programs; (23) Animal and Plant Health Inspection Service; (24) buildings and facilities; (25) Agricultural Marketing Service; (26) Grain Inspection, Packers and Stockyards Administration; (27) Food Safety and Inspection Service; (28) Office of the Under Secretary for Farm and Foreign Agricultural Services; (29) Farm Service Agency; (30) Risk Management Agency; (31) Federal Crop Insurance Corporation Fund; and (32) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for the: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service. Title III: Rural Economic and Community Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) Rural Housing Service; (3) Rural Business-Cooperative Service; and (4) Rural Utilities Service. Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; (2) child nutrition programs; (3) special supplemental nutrition program for women, infants, and children (WIC); (4) food stamp program; and (5) commodity assistance program. Title V: Foreign Assistance and Related Programs - Appropriates funds for the Foreign Agricultural Service and General Sales Manager. Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration; (2) Farm Credit System Financial Assistance Corporation; (3) Commodity Futures Trading Commission; and (4) Farm Credit Administration. Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
Bill· HRH.R. 2185 (105th)open
United States · United States Congress · 17 July 1997
TABLE OF CONTENTS: Title I: Program Accountability Title II: Program Equity Title III: Funding of Farm Ownership and Operating Loans USDA Accountability and Equity Act of 1997 - Title I: Program Accountability - Amends the Soil Conservation and Domestic Allotment Act to increase the size of the county committees by two members who shall be: (1) appointed by the Secretary of Agriculture (Secretary); and (2) demographically representative of local producers. States that: (1) civil service laws shall apply to all persons performing functions for any county, area, or local committee; and (2) the county executive director of such committee, or other person selected by the Secretary, shall have sole responsibility for making local agricultural loan determinations, subject to State-level approval. (Sec. 102) Provides for the conversion of permanent and temporary (at the Secretary's discretion) county and area office employees to Federal civil service status. Makes conforming amendments the Department of Agriculture Reorganization Act of 1994 and other Federal law. Title II: Program Equity - Amends the Consolidated Farm and Rural Development Act to permit agricultural operating loans to be made to delinquent borrowers under specified circumstances. (Sec. 202) Appropriates funds for lease-back or buy-back opportunities for beginning farmers or ranchers. (Sec. 203) Treats debt write-downs as non-income for tax purposes. (Sec. 204) Amends the Housing Act of 1949 to prohibit housing loan denial to an applicant who has been able to live in a financially independent manner for a reasonable time. (Sec. 205) Amends the Food Security Act of 1985 with respect to the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) establish a set-aside for socially disadvantaged agricultural producers. (Sec. 206) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Current law provides for non-permanent authorization of appropriations for such grants.) Directs the Secretary to establish an advisory committee to study whether such institutions' funding is equitable. (Sec. 208) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations (currently permanently authorized) for: (1) Indian reservation extension education programs; and (2) outreach and technical assistance programs for socially disadvantaged farmers and ranchers. Title III: Funding of Farm Ownership and Operating Loans - Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans. (Current law provides for a non-permanent authorization of appropriations for such loans.)
Bill· SS. 1024 (105th)referred
United States · United States Congress · 16 July 1997
Family Farmer Protection Act of 1997 - Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal a sunset provision, thus making chapter 12 (adjustment of debts of a family farmer with regular annual income) of the Bankruptcy Code permanent. Authorizes the Secretary of Agriculture to make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who has successfully completed a reorganization plan under chapter 12.
Bill· HRH.R. 2168 (105th)open
United States · United States Congress · 15 July 1997
Wheat and Barley Protection Act of 1997 - Authorizes the Secretary of Agriculture to make grants to land grant colleges and universities for research into wheat and barley diseases caused by Fusarium graminearum and related fungi. Authorizes appropriations.
Law· HRH.R. 2160 (105th)open
United States · United States Congress · 14 July 1997
TABLE OF CONTENTS: Title I: Agricultural Programs Title II: Conservation Programs Title III: Rural Economic and Community Development Programs Title IV: Domestic Food Programs Title V: Foreign Assistance and Related Programs Title VI: Related Agencies and Food and Drug Administration Title VII: General Provisions Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1998 - Title I: Agricultural Programs - Appropriates funds for FY 1998 for the following Department of Agriculture programs and services: (1) Office of the Secretary of Agriculture; (2) executive operations (Chief Economist, National Appeals Division, Office of Budget and Program Analysis, and Office of the Chief Financial Officer); (3) Chief Financial Officer; (4) Office of the Assistant Secretary for Administration; (5) Agriculture buildings and facilities and rental payments; (6) hazardous waste management; (7) departmental administration; (8) Office of the Assistant Secretary for Congressional Relations; (9) Office of Communications; (10) Office of the Inspector General; (11) Office of the General Counsel; (12) Office of the Under Secretary for Research, Education, and Economics; (13) Economic Research Service; (14) National Agricultural Statistics Service; (15) Agricultural Research Service; (16) Cooperative State Research, Education, and Extension Service/ (17) Native American Institutions Endowment Fund; (18) extension activities; (19) Office of the Assistant Secretary for Marketing and Regulatory Programs; (20) Animal and Plant Health Inspection Service; (21) Agricultural Marketing Service; (22) Grain Inspection, Packers and Stockyards Administration; (23) Office of the Under Secretary for Food Safety; (24) Food Safety and Inspection Service; (25) Office of the Under Secretary for Farm and Foreign Agricultural Services; (26) Farm Service Agency; (27) Risk Management Agency; (28) Federal Crop Insurance Corporation Fund; and (29) Commodity Credit Corporation Fund. Title II: Conservation Programs - Appropriates funds for the: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service. Title III: Rural Economic and Community Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) Rural Housing Service; (3) Rural Business-Cooperative Service; (4) Rural Utilities Service; and (5) Rural Utilities Assistance Program. Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; (2) child nutrition programs; (3) special supplemental nutrition program for women, infants, and children (WIC); (4) food stamp program; and (5) commodity assistance program. Title V: Foreign Assistance and Related Programs - Appropriates funds for the Foreign Agricultural Service and General Sales Manager. Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration; (2) Farm Credit System Financial Assistance Corporation; (3) Commodity Futures Trading Commission; and (4) Farm Credit Administration. Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
Bill· HRH.R. 2145 (105th)open
United States · United States Congress · 10 July 1997
Amends the Consolidated Farm and Rural Development Act to increase the maximum amounts of, and provide inflation indexing for, guaranteed farm ownership and operating loans.
Bill· HRH.R. 2149 (105th)open
United States · United States Congress · 10 July 1997
BWCA Wilderness Legacy Act - Amends the Wilderness Act to: (1) redesignate the areas constituting the Boundary Waters Canoe Area Wilderness, Minnesota; (2) revise restrictions on the use of motorboats on specified portions of the Sea Gull Lake, Loon Lake, and Lac La Croix in the Wilderness; and (3) require the Secretary of Agriculture, effective on January 1, 1998, to terminate all special use permits for towboats within the Wilderness to prohibit such use for commercial or noncommercial purposes. Makes the provisions of Executive Order 10092 (establishing an airspace reservation over certain areas of the Superior National Forest, Minnesota) applicable to the Wilderness.
Bill· HRH.R. 2139 (105th)open
United States · United States Congress · 10 July 1997
Dairy Promotion Fairness Act - Amends the Dairy Production Stabilization Act of 1983 to define "imported dairy product" and "importer" for purposes of the dairy promotion program. Directs the Secretary of Agriculture to appoint (up to two) dairy importers to the National Dairy Promotion and Research Board if such representation is required by another law or treaty to which the United States is a party. Requires dairy importers to contribute to the dairy promotion program.
Record· NominationPN443 (105th)open
United States · United States Senate · 9 July 1997
Record· NominationPN445 (105th)open
United States · United States Senate · 9 July 1997
Bill· HRH.R. 2126 (105th)referred
United States · United States Congress · 9 July 1997
Amends Federal law (Granger-Thye Act) with respect to the Humboldt Nursery, Six Rivers National Forest, California, to authorize a special use permit to include a provision allowing permittee use of Government-owned farming and related equipment at the Nursery.
Bill· HRH.R. 2127 (105th)referred
United States · United States Congress · 9 July 1997
Forest Service Cost Reduction and Efficiency Demonstration Act of 1997 - Establishes in the Office of the Secretary of Agriculture the National Forest System Efficiency Fund which shall be used to pay for Forest System contractor performance work. Authorizes the Secretary to designate particular Forest System demonstration units. Exempts certain small contracts from specified contracting requirements. Authorizes a specified percentage of annual appropriations for use by regional Forest Service offices.
Bill· HRH.R. 2108 (105th)open
United States · United States Congress · 8 July 1997
Dutch John Federal Property Disposition and Assistance Act of 1997 - Provides for the transfer or disposal of certain Federal properties at Dutch John, Utah. Transfers lands designated for disposal from the jurisdiction of the Secretary of Agriculture (Secretary), acting through the Chief of the Forest Service, to the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (BLM), and, if appropriate, the Postal Service. Removes such lands from inclusion in the Ashley National Forest and the Flaming Gorge National Recreation Area. Directs the Secretary of the Interior to transfer administrative jurisdiction over certain lands acquired for the Central Utah Project and developed for wildlife mitigation to the Secretary. Incorporates such lands into the Ashley or Uinta National Forests. Directs the Secretary to transfer administrative jurisdiction over certain lands to the Postal Service. Requires the Secretary of the Interior to conduct appraisals to determine the fair market value of properties designated for disposal. Conveys specified infrastructure facilities, land, and public schools to Daggett County, and certain facilities of the Utah Division of Wildlife Resources to the Division, without consideration. Sets forth requirements for the purchase of disposed residential properties. Bases priority in purchasing on seniority of reclamation lease or residency in Dutch John. Limits households to one residential lot. Sets forth requirements for the purchase of unoccupied lots, special use lands, and church land. Transfers all water rights to the Dutch John municipal water system to the County, subject to certain conditions. Requires the Secretary to consider issuance of a special use permit affording Flaming Gorge Reservoir public shoreline access and use within the vicinity of Dutch John in conjunction with commercial visitor facilities provided under such a permit. Directs the Secretary, before transfer or disposal of any land that contains cultural resources and may be eligible for listing on the National Register of Historic Places, to prepare a memorandum of agreement, for review and approval by the Utah Office of Historical Preservation and the Advisory Council on Historic Preservation, that contains a strategy for protecting or mitigating adverse effects on cultural resources. Conveys such land to the County upon completion of actions required under the agreement. Requires the Secretary of the Interior to provide training and transitional operating assistance to County personnel designated as successors to operators of conveyed infrastructure facilities. Provides for annual payments to the County, for up to 15 years, for purposes of defraying administrative transition costs. Makes available a limited amount of electric power and energy from the Colorado River Storage Project for the Dutch John community. Authorizes appropriations.
Bill· HRH.R. 2111 (105th)referred
United States · United States Congress · 8 July 1997
Reduces production flexibility contract allocations under the Agricultural Market Transition Act.
Resolution· HRESH.Res. 180 (105th)passed
United States · United States Congress · 8 July 1997
Sets forth the rule (modified closed) for the consideration of H.R. 858 (resource management activities in certain national forests in California).
Law· HRH.R. 2107 (105th)referred
United States · United States Congress · 1 July 1997
TABLE OF CONTENTS: Title I: Department of the Interior Title II: Related Agencies Title III: General Provisions Department of the Interior and Related Agencies Appropriations Act, 1998 - Makes appropriations for the Department of the Interior and related agencies for FY 1998. Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; (10) miscellaneous trust funds; and (11) BLM administrative and enforcement expenses. Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) natural resource damage assessment activities; (4) land acquisition; (5) the Cooperative Endangered Species Conservation Fund; (6) the National Wildlife Refuge Fund; (7) expenses related to carrying out the African Elephant Conservation Act; (8) expenses related to the North American Wetlands Conservation Act; (9) the Rhinoceros and Tiger Conservation Fund; (10) the Wildlife Conservation and Appreciation Fund; and (11) U.S. Fish and Wildlife Service administrative and enforcement expenses. Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1998. Prohibits the use of funds by the NPS for activities taken in direct response to the United Nations Biodiversity Convention. Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Mining Reclamation and Enforcement for enforcement and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) salaries and expenses of departmental management, the Offices of the Solicitor and Inspector General, and the National Indian Gaming Commission; and (7) trust programs for Indians. Sets forth prohibitions on the use of specified funds. (Sec. 101) Sets forth provisions regarding the use of funds under this title for emergency reconstruction, replacement, or repair of facilities or equipment. (Sec. 108) Prohibits the use of such funds for specified offshore leasing and related activities. (Sec. 113) Sets forth provisions regarding severance and health benefits for employees of BLM's helium operations. (Sec. 114) Prohibits the use of funds in this or previous appropriations Acts to establish a new regional office in the U.S. Fish and Wildlife Service without the advance approval of the Appropriations Committees. Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) forestry activities; (3) the National Forest System; (4) fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; (8) forest and rangeland research; (9) restoration of the Midewin National Tallgrass Prairie; (10) restoration of balances borrowed for previous years firefighting; and (11) administrative expenses. Rescinds a specified amount of funds made available to the Department of Energy in FY 1997 or prior fiscal years for clean coal technology projects. Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) energy conservation; (4) economic regulation activities of the Office of Hearings and Appeals; (5) the Strategic Petroleum Reserve; and (6) the Energy Information Administration. Makes appropriations for the Department of Health and Human Services for the Indian Health Service, including Indian health facilities. Makes appropriations for the: (1) Office of Navajo and Hopi Indian Relocation; (2) Institute of American Indian and Alaska Native Culture and Arts Development; (3) Smithsonian Institution; (4) National Zoological Park; (5) National Gallery of Art; (6) John F. Kennedy Center for the Performing Arts; (7) Woodrow Wilson International Center for Scholars; (8) National Endowments for the Arts and Humanities, respectively; (9) Institute of Museum and Library Services; (10) Commission of Fine Arts; (11) Advisory Council on Historic Preservation; (12) National Capital Planning Commission; and (13) Holocaust Memorial Council. Sets forth provisions regarding uses of, and limitations on, funds under this title. Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements. Prohibits Federal contracts with persons found to have falsely labeled products with a "Made in America" inscription. (Sec. 308) Prohibits the use of funds under this Act for: (1) planning or offering timber from giant sequoias on BLM or Forest System lands for sale in a manner different than such sales were conducted in FY 1995; (2) entering into a concession contract (by the NPS) which provides for the removal of the underground lunchroom at Carlsbad Caverns National Park; (3) the AmeriCorps program unless the relevant agencies of the Departments of the Interior and Agriculture follow appropriate reprogramming guidelines; (4) demolishing the bridge between Jersey City, New Jersey, and Ellis Island or preventing pedestrian use of such bridge; (5) accepting or processing applications for a patent for mining or mill site claims located under the general mining laws, unless the Secretary of the Interior takes specified actions; (6) acquiring lands in specified Ohio counties for the Wayne National Forest; (7) promulgating or enforcing any rule or regulation pursuant to title VIII of the Alaska National Interest Lands Conservation Act to assert control over any waters, nonfederal lands, or lands selected by, but not conveyed to, the State of Alaska pursuant to other specified Acts; (8) reviewing or modifying certain sourcing areas previously approved under the Forest Resources Conservation and Shortage Relief Act of 1990; and (9) funding activities of the western director and special assistant to the Secretary of Agriculture. (Sec. 319) Authorizes the Secretaries of Agriculture and the Interior to limit competition for watershed restoration project contracts as part of the President's Forest Plan for the Pacific Northwest to individuals and entities in timber-dependent areas in Washington, Oregon, and northern California that have been affected by reduced timber harvesting on Federal lands. (Sec. 323) Requires the Secretaries, in conducting the Interior Columbia Basin Ecosystem Management Project, to analyze the economic and social conditions and culture and customs of communities at the sub-basin level of analysis within the project area and delineate impacts the alternatives will have on such communities. Provides for incorporation of this analysis in any final environmental impact statement.
Record· NominationPN409 (105th)open
United States · United States Senate · 26 June 1997
Bill· HRH.R. 2077 (105th)referred
United States · United States Congress · 26 June 1997
Sequoia Ecosystem and Recreation Preserve Act of 1997 - Designates specified California lands within the Sequoia National Forest and the Inyo National Forest as wilderness areas to be administered as components of the National Wilderness Preservation System. (Sec. 5) Establishes the Giant Sequoia National Forest Preserve as a unit of the National Forest System for the: (1) protection and maintenance of giant sequoia groves, their supporting ecosystems, and associated forests; and (2) preservation of the natural state and processes that have created and maintained such forests. (Sec. 7) Directs the Secretary of Agriculture to appoint a Scientific Advisory Team for the Preserve. (Sec. 8) Directs the Secretary to publish a final management plan for the Preserve for the protection, restoration, and enhancement of natural, scientific, and recreational values. Provides for interim Preserve management by the Secretary. (Sec. 9) Directs the Secretary, as part of the management plan, to designate and map the ancient forest reserves within the Preserve. (Sec. 10) Requires the management plan to include a comprehensive transportation plan that protects natural Preserve features while ensuring visitor safety and that includes a trail plan identifying which trails will allow motorized access. (Sec. 11) Allows all current campgrounds within the Preserve to remain in place, subject to evaluation by the Secretary. Directs the Secretary to provide new camping opportunities. (Sec. 12) Authorizes the continued use of Preserve areas for hunting and fishing, firewood collection, and grazing, but prohibits new patents from being issued under the mining or geothermal laws. (Sec. 16) Directs the Secretary to establish a Community Assistance Task Force to oversee the provision of assistance to communities and workers in political subdivisions whose boundaries include Federal lands in the Preserve or contain facilities that milled timber from lands in the Preserve during any portion of the five-year period ending on the date of enactment of this Act. (Sec. 17) Prohibits the Secretary, in preparing the Preserve budget proposal for each fiscal year, from targeting any of the budget to any commodity production in the Preserve. (Sec. 18) Authorizes appropriations.
Bill· HRH.R. 2103 (105th)referred
United States · United States Congress · 26 June 1997
Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to remove intrastate distribution restrictions on State inspected meat and poultry as of a specified future date. Authorizes early waiver of such restrictions if the Secretary of Agriculture determines that a State's inspection and sanitation requirements are at least equal to appropriate Federal requirements.
Bill· HRH.R. 2068 (105th)referred
United States · United States Congress · 25 June 1997
Dairy, Nutrition, and Conservation Act of 1997 - Provides for: (1) a producer referendum regarding implementation of the alternative milk price support and inventory management program established by this Act; and (2) election of a National Milk Marketing Board if such program is approved. (Sec. 4) Establishes an alternative milk price support and inventory management program. Provides for: (1) price support production cost adjustments; (2) a production-consumption based marketing allocation factor; (3) marketing histories; (4) production and nutrition base determinations; (5) dairy nutrition assistance price reductions; and (6) export of excess production (with permitted direct exporting contracts). (Sec. 5) Directs the Board to monitor and report on the relationship between producer-received price and nutrition assistance program needs. (Sec. 6) Provides assistance for milk producer environmental compliance activities.
Bill· HRH.R. 2037 (105th)referred
United States · United States Congress · 25 June 1997
TABLE OF CONTENTS: Title I: Amendments to the Congressional Budget and Impoundment Control Act of 1974 Title II: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 Budget Enforcement Act of 1997 - Title I: Amendments to the Congressional Budget and Impoundment Control Act of 1974 - Amends the Congressional Budget and Impoundment Control Act of 1974 to include entitlement authority and the food stamp program within the definition of "budget authority." Excludes salary or basic pay funded through an appropriation from the definition of "entitlement authority." (Sec. 105) Amends the Congressional Budget Act of 1974 (the Act) to require the concurrent resolution on the budget to set forth planning levels for at least the four (currently, two) ensuing fiscal years. Revises Senate pay-as-you-go authorities to permit revisions of committee allocations, aggregates, and other levels for legislation within a committee's jurisdiction if such legislation would not increase the deficit for the first year, and for the five fiscal years, covered by the budget resolution. (Sec. 106) Consolidates requirements currently set forth separately for the House of Representatives and the Senate with respect to committee allocations. Requires the joint explanatory statement accompanying a conference report on a budget resolution to include allocations of the appropriate levels, for each fiscal year and a total for all years, of new budget authority, outlays, and, in the Senate, Social Security outlays, among each House and Senate committee with jurisdiction over legislation providing or creating such amounts. Requires levels only for the first fiscal year in the case of the Appropriations Committee. Provides that no legislation involving a change in Internal Revenue Code provisions regarding tax on individuals shall be treated as affecting the amount of Social Security revenues or outlays unless such legislation changes the income tax treatment of Social Security benefits. Requires the chairman of the House Budget Committee, if a concurrent budget resolution is not adopted by April 15, to submit to the House an allocation consistent with the discretionary spending limits contained in the most recently agreed to budget resolution for the second fiscal year covered by such resolution. Revises provisions regarding points of order with respect to consideration of legislation that would cause allocations or suballocations of new budget authority or outlays in a budget resolution to be exceeded. (Sec. 107) Makes a prohibition on considering legislation until the concurrent budget resolution has been agreed to inapplicable to a House bill or resolution that provides advance discretionary new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent budget resolution applies. (Sec. 110) Revises items of authority the amounts of which are to be changed for purposes of budget reconciliation to exclude credit authority and include direct spending (including entitlement authority). (Sec. 111) Applies a point of order against legislation that would cause revenues to be less than those set forth in the concurrent budget resolution for a fiscal year or the total of all fiscal years covered by the resolution. Makes it out of order in the Senate to consider any legislation that would cause a decrease in Social Security surpluses or an increase in Social Security deficits derived from the levels of Social Security revenues and outlays set forth for the first fiscal year, and for the period of five fiscal years, covered by the concurrent budget resolution. (Sec. 112) Prohibits points of order against legislation in the Senate while an amendment to such legislation which would remedy violations of the Act is pending. (Sec. 113) Provides for adjustments to discretionary spending limits, allocations, and budgetary aggregates to reflect new budget authority and additional outlays from: (1) appropriations measures for any of FY 1998 through 2002 reported by the Appropriations Committee that specify amounts for emergencies or continuing disability reviews; (2) specified emergency legislation reported by other committees; (3) appropriations measures for such fiscal years reported by the Appropriations Committee that include specified amounts for the U.S. quota of the International Monetary Fund (IMF) Eleventh General Review of Quotas or increased amounts for the Secretary of the Treasury with respect to new arrangements to borrow under the Bretton Woods Agreement Act; (4) appropriations measures reported by the Appropriations Committee for FY 1998, 1999, or 2000 that include up to a specified amount for arrearages for international organizations, international peacekeeping, and multilateral development banks; or (5) any conference report on these measures. Repeals provisions that require levels of budget authority or outlays and revenues to be determined on the basis of Budget Committee estimates. (Sec. 114) Exempts legislation from points of order in the House if a self-executing rule for consideration of such legislation modifies provisions that violate the Act. (Sec. 115) Makes certain controls on bills providing new spending authority applicable to bills providing new credit authority. (Sec. 116) Repeals title VI (budget agreement enforcement provisions) of the Congressional Budget Act of 1974 (some of which is incorporated into this Act). Title II: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2002. (Sec. 203) Repeals a provision that exempts the net costs of FY 1997 appropriations for certain loan guarantees to Israel for resettling immigrants from such limits. Revises provisions regarding a special outlay allowance in cases where outlays for a spending category exceed discretionary spending limits but new budget authority does not exceed its limit to require the adjustment in outlays to be the amount of the excess up to 0.5 percent of the adjusted limits on outlays for that fiscal year in FY 1997 or any fiscal year though 2002. Provides that, if an appropriations bill or joint resolution is enacted for any of FY 1998 through 2002 that includes an appropriation with respect to the following, the adjustment shall be the amount of budget authority in the measure that is the dollar equivalent in Special Drawing Rights of an increase in the: (1) U.S. quota of the IMF; or (2) maximum amount available to the Secretary of the Treasury under the Bretton Woods Agreements Act with respect to new arrangements to borrow. Provides that, if an appropriations bill or joint resolution is enacted for any of FY 1998 through 2000 that includes an appropriation for arrearages for international organizations or peacekeeping and multilateral banks, the adjustment shall be the amount of budget authority and outlays flowing in all fiscal years from such authority. Limits the total amount of such adjustments. Sets forth discretionary spending limits for: (1) the discretionary category for FY 1997 and FY 2000 through 2002; (2) the defense, nondefense, and violent crime reduction categories for FY 1998; and (3) the defense and nondefense categories for FY 1999. (Sec. 204) Repeals provisions regarding sequestration for the Violent Crime Reduction Trust Fund. (Sec. 205) States that the purpose of this section is to assure that any legislation enacted prior to FY 2002 affecting direct spending or receipts that increases the deficit will trigger an offsetting sequestration. Revises sequestration provisions to require a sequestration to offset deficit increases in a budget year caused by direct spending and receipts legislation and deficit increases in the prior fiscal year caused by such legislation which is not reflected in the final OMB sequestration report for that year. Includes CBO and OMB estimates (other than amounts for emergencies) of the budgetary effect of legislation that are not reflected in the final OMB sequestration report for the current year within the OMB's calculation of the deficit increase. Requires OMB and CBO estimates to include the amount of change in outlays or receipts for the current and budget year and for each outyear. (Sec. 206) Extends sequestration reporting requirements through FY 2002. (Sec. 207) Adds and removes specified items to and from the lists of items exempt from reductions under the Gramm-Rudman-Hollings Act. (Sec. 208) Removes the National Wool Act from the list of indices whose changes trigger automatic spending increases. Revises origination fee requirements for student loans made during a sequestration period. Includes annual adjustments to Federal pay schedules and locality-based pay in Federal pay subject to reductions. Exempts administrative expenses of the Farm Credit Administration from reductions. Requires the Secretary of Agriculture, as the sole means of achieving a reduction in outlays under the milk price support program, to provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed for commercial use. Makes budgetary resources sequestered in revolving, trust, and special fund accounts available in years subsequent to the year in which a sequestration occurs. (Sec. 209) Revises baseline provisions to provide that a program with estimated current year outlays greater than $50 million may be assumed to expire in the budget year or outyears if so provided by legislation establishing or modifying that program. (Current law states that such programs shall not be assumed to expire in such years.) Provides that such legislation shall not be subject to a point of order solely for including such a provision. Requires any program with estimated current year outlays greater than such amount which operates under any law which expires before the budget year or any outyear to be assumed to continue to operate as in effect before such law's expiration. Requires the inflator used to adjust budgetary resources (other than those relating to personnel) to be the percent by which the average of the estimated gross domestic product chain-type price index (currently, the national product fixed-weight price index) for a fiscal year differs from the average of such estimated index for the current year. (Sec. 213) Requires the Director of OMB to: (1) reduce any balances of direct spending and receipts legislation for fiscal years prior to 2002 to zero; and (2) not make any estimates of changes in direct spending outlays and receipts for any fiscal year resulting from the enactment of this Act or the Revenue Reconciliation Act of 1997.
Law· HRH.R. 2014 (105th)open
United States · United States Congress · 24 June 1997
TABLE OF CONTENTS: Title I: Child Tax Credit; Tax Incentives For Dependent Care and Health Care For Children Title II: Education Incentives Subtitle A: Tax Benefits Relating to Education Expenses Subtitle B: Expanded Education Investment Savings Opportunities Subtitle C: Other Education Initiatives Title III: Savings and Investment Incentives Subtitle A: Retirement Savings Subtitle B: Capital Gains Title IV: Alternative Minimum Tax Reform Title V: Estate, Gift, and Generation-Skipping Tax Provisions Subtitle A: Estate and Gift Tax Provisions Subtitle B: Generation-Skipping Tax Provisions Title VI: Extension and Modification of Certain Expiring Provisions Title VII: Incentives For Revitalization of The District of Columbia Title VIII: Welfare-To-Work Incentives Title IX: Miscellaneous Provisions Subtitle A: Provisions Relating to Excise Taxes Subtitle B: Provisions Relating to Pensions and Fringe Benefits Subtitle C: Revisions Relating to Disasters Subtitle D: Provisions Relating to Employment Taxes Subtitle E: Provisions Relating to Small Businesses Subtitle F: Other Provisions Subtitle G: Extension of Duty-Free Treatment Under Generalized System of Preferences; Tariff Treatment of Certain Equipment and Repair of Vessels Subtitle H: United States-Caribbean Basin Trade Partnership Act Title X: Revenues Subtitle A: Financial Products Subtitle B: Corporate Organizations and Reorganizations Subtitle C: Other Corporate Provisions Subtitle D: Administrative Provisions Subtitle E: Excise Tax Provisions Subtitle F: Provisions Relating to Tax-Exempt Entities Subtitle G: Other Revenue Provisions Title XI: Simplifications and Other Foreign-Related Provisions Subtitle A: General Provisions Subtitle B: Treatment of Controlled Foreign Corporations Subtitle C: Treatment of Passive Foreign Investment Companies Subtitle D: Repeal of Excise Tax on Transfers to Foreign Entities Subtitle E: Information Reporting Subtitle F: Determination of Foreign Status of Partnerships Subtitle G: Other Simplification Provisions Subtitle H: Other Provisions Title XII: Simplification Provisions Relating To Individuals and Businesses Subtitle A: Provisions Relating to Individuals Subtitle B: Provisions Relating to Businesses Generally Subtitle C: Simplification Relating to Electing Large Partnerships Subtitle D: Provisions Relating to Real Estate Investment Trusts Subtitle E: Provisions Relating to Regulated Investment Companies Title XIII: Simplification Provisions Relating To Estate and Gift Taxes Title XIV: Simplification Provisions Relating To Excise Taxes, Tax-Exempt Bonds, and Other Matters Subtitle A: Excise Tax Simplification Subtitle B: Tax-Exempt Bond Provisions Subtitle C: Tax Court Procedures Subtitle D: Other Provisions Title XV: Technical Amendments Related To Small Business Job Protection Act of 1996 and Other Legislation Revenue Reconciliation Act of 1997 - Title I: Child Tax Credit; Modification of Dependent Care Credit - Amends the Internal Revenue Code (IRC) to allow a tax credit of up to $500 dollars for each qualifying child of a taxpayer. (Sec. 102) Provides an inflation adjustment for the dependent care credit. Provides for reductions in the credit as income rises. Title II: Education Incentives - Subtitle A: Tax Benefits Relating to Education Expenses - Permits an individual a tax credit of up to $1,500 per year for the first two years of post-secondary education. (Sec. 202) Permits a total aggregate deduction of up to $40,000 for paid for qualified higher education expenses. (Sec. 203) Waives the ten percent early withdrawal tax due on IRA distributions if the withdrawal is used to pay higher education expenses. (Sec. 204) Permits a limited credit (up to $150) for qualifying expenses of education which supplements elementary and secondary education. Subtitle B: Expanded Education Investment Savings Opportunities - Permits an eligible institution to maintain a qualified State tuition program. Includes room and board in the definition of qualified higher education expenses. Makes additional modifications to the qualified State tuition program including, among other things, provisions concerning: (1) the definition of a family member; (2) estate and gift tax treatment; and (3) excess contributions. (Sec. 212) Exempts, as specified, an education investment account from taxation. Subtitle C: Other Education Initiatives - Extends, until December 31, 1997, the exclusion for employer-provided educational expenses. (Sec. 222) Increases the limit on qualified 501(c)(3) bonds other than hospital bonds. (Sec. 223) Sets forth a special rule for the donation of computer technology and equipment to elementary and secondary schools. (Sec. 224) Revises provisions concerning the cancellation of certain student loans made by tax-exempt organizations. Title III: Savings and Investment Incentives - Subtitle A: Retirement Savings - Establishes the American Dream (AD) IRA and treats it in the same manner as an individual IRA. Prohibits deductions for contributions to an AD IRA. Limits contributions to $2,000 annually. Excludes qualified distributions from gross income. Subtitle B: Capital Gains - Reduces the maximum capital gains rate for individuals from 28 to 20 percent. (Sec. 312) Provides for the indexing of certain assets acquired after December 31, 2000, for purposes of determining gain. (Sec. 313) Revises provisions concerning the one-time exclusion for the gain from the sale of a principal residence to, among other things: (1) increase the exclusion to $250,000 ($500,000 for certain joint returns); (2) allow the exclusion once every two years; and (3) remove the age limitation. (Sec. 321) Provides for a reduction of the alternative tax for corporations. Title IV: Alternative Minimum Tax Reform - Increases the exemption amounts of the individual alternative minimum tax. (Sec. 402) Exempts certain small corporations from the alternative minimum tax. (Sec. 403) Repeals the alternative minimum tax adjustment concerning depreciation. (Sec. 404) Permits farmers to use the installment method of accounting for purposes of the alternative minimum tax. Title V: Estate, Gift, and Generation-Skipping Tax Provisions - Subtitle A: Estate and Gift Tax Provisions - Increases, incrementally, the unified estate and gift tax credit to $1 million by the year 2006. (Sec. 502) Extends the amount of time an estate has to pay taxes where the estate consists largely of a closely held business. Provides for reduced and no interest charges on certain extended amounts. (Sec. 504) Permits a lineal descendent to rent specially-valued farm or trade property without imposition of the additional estate tax. (Sec. 505) Authorizes a U.S. Tax Court to make declaratory judgments concerning initial or continuing eligibility for the payment of an estate tax largely consisting of interests in a closely held business. (Sec 506) Prohibits revaluing gifts for estate tax purposes after the expiration of the statute of limitations. (Sec. 507) Provides that, for a trust other than a foreign trust, any distribution shall be computed without regard to any undistributed net income. (Sec. 508) Provides that with respect to any split-gift property that is included in both spouses' estates the unified credit is increased allowed to a decedent's estate by the amount of the unified credit previously allowed to the decedent's spouse. (Sec. 509) Sets forth provisions concerning the reformation of defective bequests. Subtitle B: Generation-Skipping Tax Provision - Sets forth provisions concerning the severing of trusts holding property having an inclusion ratio of greater than one. (Sec. 512) Extends the predeceased parent exception to transfers to collateral heirs, as specified. Title VI: Extensions - Extends: (1) the research tax credit until June 30, 1998; (2) the special rule for contributions of stock (for which market quotations are readily available) to private foundations until June 30, 1998; (3) the work opportunity tax credit for one year; and (4) permanently, the orphan drug credit. Title VII: Incentives for the Revitalization of the District of Columbia - Provides, with respect to the District of Columbia, for: (1) the establishment of the District of Columbia Enterprise Zone; (2) tax-exempt economic development bonds for the DC Zone; (3) a zero percent capital gains rate for the sale or exchange of any DC Zone asset held for more than five years; and (4) certain credits. Title VIII: Welfare-to-Work Incentives - Provides employers a specified tax credit on wages paid to long-term family assistance recipients for the first two years of their employment. Title IX: Miscellaneous Provisions - Subtitle A: Provisions Relating to Excise Taxes - Repeals the diesel fuel tax applicable to diesel fuel used in recreational boats. (Sec. 902) Revises provisions concerning the tax on recycled halon. (Sec. 903) Provides for a uniform rate of taxation on vaccines. (Sec. 904) Treats an operator of ten or more gasoline retail outlets as a wholesale distributor for refund purposes. (Sec. 905) Provides an exception for electric and other clean-fuel vehicles from the ten percent luxury automobile tax. Subtitle B: Provisions Relating to Pensions and Fringe Benefits - Includes certain irrigation and drainage entities in the definition of rural cooperative plan. (Sec. 912) Exempts governmental plans from nondiscrimination and minimum participation rules. (Sec. 913) Treats heart disease and hypertension as personal injuries or sickness for purposes of excluding from gross income the disability benefits received by former police officers or firefighters. (Sec. 914) Sets forth special rules relating to the portability of permissive service credit under governmental plans. (Sec. 915) Permits limited transfers of qualified employer securities by charitable remainder trusts. (Sec. 916) Sets forth rules concerning: (1) the treatment of certain transportation on non-commercially operated aircraft as a fringe benefit excludable from gross income; (2) increasing the limit on involuntary pension cash-outs; and (3) rules relating to employee stock ownership plans of S corporations. Subtitle C: Revisions Relating to Disasters - Authorizes the Secretary of the Treasury to postpone, for up to 90 days, certain tax- related deadlines in the case of a taxpayer affected by a Presidentially declared disaster. (Sec. 922) Permits the Secretary to prescribe regulations under which an appraisal for the purpose of obtaining a Federal loan as a result of such a disaster may be used to establish the amount of the disaster loss. (Sec. 923) Provides special treatment for income from the sale of livestock sold or involuntarily converted because of drought or other weather related conditions. (Sec. 924) Waives, with respect to qualified mortgage bond financing, specified requirements for residences located in disaster areas. Subtitle D: Provisions Relating to Employment Taxes - Sets forth standards to be used for determining the: (1) employment tax status of individuals distributing bakery products and of securities brokers; (2) exemption from the self-employment tax for certain termination payments received by former insurance salesman; and (3) standards for determining whether individuals are not employees. Subtitle E: Provisions Relating to Small Businesses - Waives any penalty through July 1, 1998, for a taxpayer first required to use the electronic fund transfer system after July 1, 1997, and who does not use such system. (Sec. 942) Provides that a home office qualifies as the principal place of business if: (1) the office is the place of business used by the taxpayer for the administrative or management activities of any trade or business of the taxpayer; and (2) there is no other fixed location of such trade or business where the taxpayer conducts substantial administrative or management activities of such trade or business. Subtitle F: Other Provisions - States that a method of determining inventories shall not be deemed not to clearly reflect income solely because it utilizes estimates of inventory shrinkage that are confirmed by a physical count only after the last day of the taxable year, subject to conditions. (Sec. 952) Includes liability to pay workers' compensation within the definition of personal injury liability assignments (thus, making amounts received for agreeing to such liability assignment eligible for exclusion from gross income). (Sec. 953)Provides for the tax-exempt status of any organization created by State law which is organized and operated exclusively to provide workmen's compensation. (Sec. 954) Excepts an existing publicly traded partnership which chooses to be subjected to a specified additional tax from the general rule that a publicly traded partnership be treated as a corporation. (Sec. 955) Excludes certain sponsorship payments received by a tax-exempt organization from unrelated taxable income. (Sec. 956) Permits timeshare associations to be taxed under provisions provided for the taxation of other homeowners associations. (Sec. 957) Revises provisions concerning the advance refunding of certain Virgin Island bonds. (Sec. 958) Provides for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative. (Sec. 959) Provides a reporting exception for transactions involving the sale or exchange of certain principal residences. (Sec. 960) Increases the business meals deduction for certain individuals subject to the hours of service limitations of the Department of Transportation. (Sec. 961) Excludes from the gross income of a lessee any amount received in cash by a lessee from a lessor: (1) under a short-term lease of retail space; and (2) for the purpose of such lessee's constructing or improving long-term real property for use in the lessee's business. (Sec. 962) Provides for the tax treatment of consolidations of life insurance departments of mutual savings banks. (Sec. 963) Provides for the collection, from Federal overpayments, of past-due State tax obligations. (Sec. 964) Revises provisions concerning: (1) rules for certain clean-fuel passenger vehicles; (2) tax benefits for law enforcement officers killed in the line of duty; and (3) the temporary suspension of the taxable income limit on percentage depletion for marginal income. Subtitle G: Extension of Duty-Free Treatment Under Generalized System of Preferences ; Tariff Treatment of Certain Equipment and Repair of Vessels - Amends the Trade Act of 1974 to extend the Generalized System of Preferences through May 31, 1999. (Sec. 972) Amends the Tariff Act of 1930 to suspend for one year duties due with respect to the repair of certain vessels. Subtitle H: United States-Caribbean Basin Trade Partnership Act - Amends the Caribbean Basin Economic Recovery Act to provide additional trade benefits to Caribbean Basin Initiative countries, including temporary provisions designed to provide NAFTA parity to such countries. Title X: Revenues - Subtitle A: Financial Products - Provides that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. (Sec. 1002) Modifies the definition of an investment company for purposes of determining whether a gain or loss is recognized if property is transferred to a corporation by one or more persons solely in exchange for stock and immediately such person or persons controls such corporation. (Sec. 1004) Extends to all property (currently, only personal property) specified provisions concerning gains or losses from certain cancellations or other terminations of rights or obligations which are capital assets. (Sec. 1005) Set forth provisions concerning: (1) original issue discount where pooled debt obligations are subject to acceleration; and (2) the denial of interest deductions on certain debt instruments. Subtitle B: Corporate Organizations and Reorganizations - Revises provisions concerning a corporate shareholder's basis in stock being reduced by the nontaxed portion of extraordinary dividends received to provide that if the nontaxed portion of such dividends exceeds such basis, such excess shall be treated as gain for the sale or exchange of such stock for the taxable year in which the extraordinary dividend is received. (Sec. 1012) Revises rules for: (1) distributions of stock and securities of a controlled corporation; (2) redemptions of stock through the use of related corporations; and (3) the holding period applicable to the dividends received deduction. Subtitle C: Other Corporate Provisions - Provides for the treatment of: (1) certain confidential arrangements as tax shelters requiring registration; and (2) certain preferred stock as boot. Subtitle D: Administrative Provisions - Sets forth provisions concerning: (1) the reporting of payments to attorneys; (2) the reporting of payments made by Federal agencies to corporations; (3) extending the Department of Veterans Affairs disclosure provision; (3) a continuous levy, levy exemptions, and levy disclosure; and (4) requiring consistent reporting of the return of a beneficiary's estate or trust return and the return of the estate or trust. Subtitle E: Excise and Tax Provisions - Extends, for ten years, the Airport and Airway Trust Fund taxes. (Sec. 1042) Provides for the taxation of kerosene at the diesel fuel rate. (Sec. 1043) Reduces incentives for alcohol fuel. (Sec. 1044) Restores, until October 1, 2002, the Leaking Underground Storage Tank Trust Fund excise tax. (Sec. 1045) Applies the three percent communications tax to long- distance prepaid telephone cards. Subtitle F: Provisions Relating to Tax-Exempt Entities - Modifies provisions concerning interest, annuities, royalties, and rents received by a tax-exempt organization from a subsidiary and the unrelated business income tax to define the term "control" of a subsidiary to mean ownership of more than 50 percent. (Sec. 1052) Provides, as a general rule, that in the case of a sale or exchange between a tax-exempt entity and a related person, the basis of the related person in the property acquired shall not exceed the adjusted basis of such property in the hands of the tax-exempt entity, increased by the gain recognized to the tax-exempt entity on the transfer which is subject to the unrelated business income tax. (Sec. 1054) Provides for the tax treatment of certain tax-exempt organizations which provide commercial-type insurance. Subtitle G: Other Revenue Provisions - Prohibits a family farm establishing a suspense account when required to use the accrual method of accounting. (Sec. 1062) Limits the net operating loss carryback period to two years and extends the net operating loss carryforward period to 20 years. (Sec. 1063) Prohibits, with respect to life insurance, a deduction for that portion of the taxpayer's interest expense which is allocable to unborrowed policy cash values, subject to exceptions. (Sec. 1064) Modifies basis allocation rules upon distribution of partnership property. (Sec. 1065) Eliminates the requirement that inventory must have substantially appreciated in value to cause ordinary income with respect to rules concerning sales and exchanges of partnership interests. (Sec. 1067) Places specified restrictions on claiming the earned income credit for taxpayers who had improperly claimed the credit in a prior year. (Sec. 1068) Permits the income forecast method of depreciation to be used only for film and video tape, copyrights, books, patents, and other property specified in regulations. (Sec. 1069) Repeals the rule concerning the rental use of vacation homes for less than 15 days per year. (Sec. 1070) Sets forth provisions which: (1) require that involuntarily converted property be replaced with property acquired from an unrelated person in certain cases; (2) repeal the exception permitting the use of the installment method of accounting for certain sales by manufacturers to dealers. Title XI: Simplification and Other Foreign-Related Provisions - Subtitle A: General Provisions - Provides that computer software licensed for reproduction abroad is not excluded from the definition of export property for purposes of the foreign sales corporation provisions. (Sec. 1102) Increases the limitation on the exclusion of foreign earned income. (Sec. 1103)Exempts from the foreign tax credit limitation certain individuals whose entire gross income from sources outside the United States consists of qualified passive income and whose amount of creditable foreign taxes paid does not exceed $300. (Sec. 1104) Revises the method of translating foreign income taxes into dollars by providing, in general, for the use of the average exchange rate for the taxable year. Subtitle B: Treatment of Controlled Foreign Corporations - Provides, with respect to controlled a foreign corporation, for: (1) the treatment of gain on certain stock sales by controlled foreign corporations as dividends; (2) regulations concerning basis adjustments of stock in controlled foreign corporation; and (3) extending the application of the indirect foreign tax credit to taxes paid by certain lower-tier controlled foreign corporations. Subtitle C: Treatment of Passive Foreign Investment Companies - Provides generally that certain U.S. shareholders of controlled foreign corporations will not be subject to passive foreign investment company inclusion. (Sec. 1122) Allows, as specified, a mark-to-market election by a shareholder of a passive foreign investment company. Subtitle D: Repeal of Excise Tax on Transfers to Foreign Entities - Repeals Chapter 5 (Tax on Transfers to Avoid Income Tax) of the IRC. Provides for the recognition of gain on certain transfers to foreign trusts and estates. Subtitle E: Information Reporting - Revises provisions concerning: (1) the return requirement for foreign partnership income; (2) information reporting for controlled foreign corporations; (3) returns as to interests in foreign partnerships; (4) notice of certain transfers to foreign corporations; (5) the statute of limitations applicable in the case of failure to notify the Secretary of certain transactions; and (6) increasing the filing threshold for returns as to organization or reorganization of foreign corporations and acquisitions of stock in such corporations. Subtitle F: Determination of Foreign or Domestic Status of partnerships - Revises the definition of "domestic" when applied to a corporation or partnership to permit the Secretary, by regulation, to provide an exception to such definition for a partnership when the partnership would more properly be treated as a foreign partnership under such regulations. Subtitle G: Other Simplification Provisions - Amends the Small Business Job Protection Act of 1996 to permit a trust in existence on August 20, 1996, and which was treated as a U.S. person on the day before enactment of such Act to elect to continue to be treated as a U.S. person notwithstanding the IRC definition of a U.S. person. (Sec. 1162) Eliminates the stock and securities safe harbor requirement that an entity's principal office be outside the United States. Subtitle H: Other Provisions - Treats as foreign personal holding company income: (1) income from notional principal contracts; and (2) payments in lieu of dividends. Provides, for dealers, for an exception from certain foreign personal holding company income provisions. (Sec. 1172) Provides, for purposes of like-kind exchanges, that personal property used predominantly within the United States and personal property used predominantly outside the United States are not property of a like kind. (Sec. 1173) Establishes minimum holding periods for stock dividends in order to qualify for foreign tax credits. (Sec. 1174) Provides for penalties for the failure to disclose that certain international transportation income is not includible in gross income. (Sec. 1176) Prohibits the reduction of interest on underpayments by foreign tax credit carrybacks. (Sec. 1177) Sets forth provisions concerning the period of limitations on a claim for a credit or refund attributable to a foreign tax carryforward. Title XII: Simplification Provisions Relating to Individuals and Businesses - Subtitle A: Provisions Relating to Individuals - Increases the: (1) standard deduction for a taxpayer with respect to whom a dependency exemption is allowed on another taxpayer's return; (2) the alternative minimum tax exemption for minors under the age of 14; and (3) estimated de minimis tax threshold. (Sec. 1204) Revises the treatment of: (1) reimbursed expenses of rural mail carriers; (2) traveling expenses of certain Federal employees engaged in criminal investigations; and (3) the payment of taxes so as to permit payment by any commercially acceptable means (currently, only internal revenue stamps, checks, or money orders are accepted.). Subtitle B: Provisions Relating to Businesses Generally - Permits a taxpayer to elect not to apply the look-back method for a long-term contract for de minimis (below 10 percent of taxable income or loss) amounts. Subtitle C: Simplification Relating to Electing Large Partnerships - Establishes special rules for large partnerships (100 or more partners) which: (1) take into account separately a partner's distributive share of specified items for purposes of determining the income tax of a partner; (2) compute the taxable income of a large partnership in the same manner as in the case of an individual, subject to stated exceptions; and (3) provide for the treatment of partnerships holding oil and gas properties. (Sec. 1222) Creates an audit system for electing large partnerships which provides as a general rule that a partner of any electing large partnership shall, on the partner's return, treat each partnership item attributable to such partnership in a manner which is consistent with the treatment of such partnership item on the partnership return. Sets forth provisions concerning partnership adjustments which generally will flow through to partners for the year in which the adjustment takes effect. (Sec. 1231) Authorizes the Secretary, with respect to an oversheltered return (a return which shows no taxable income and shows a net loss from partnership items), to send a notice of adjustment in specified situations. (Sec. 1232) Provides, on the basis of a decision of the Secretary, that the partnership return shall determine the audit procedures to be followed. (Sec. 1233) Sets forth provisions, with respect to partnerships, concerning: (1) the statute of limitations and untimely petition filing; (2) the exception for small partnerships (under the definition of partnership); (3) the period for assessing tax where a partner and the Secretary enter a settlement agreement but other partnership items remain in dispute; (4) the time for filing a request for administrative adjustment; (5) the innocent spouse defense in court proceedings; (6) partnership level penalties; (7) court jurisdiction; (8) premature petitions; (9) bonds in appeals from Tax Court decisions; and (10) closing the taxable partnership year with respect to a deceased partner. Subtitle D: Provisions Relating to Real Estate Investment Trusts - Modifies provisions relating to qualification as, and the taxation of, a real estate investment trust, including: (1) rules relating to ownership determination; (2) tenant service income and tenant ownership; (3) repeal of the 30 percent gross income requirement; (4) earnings and profit rules; (5) income from hedges; (6) excess noncash income; and (7) shared appreciation mortgages. Subtitle E: Provisions Relating to Regulated Investment Companies - Repeals, with respect to regulated investment companies, the 30 percent test. Subtitle F: Taxpayer Protections - Provides for the waiver of certain penalties if a failure is shown to be due to reasonable cause and not willful neglect. (Sec. 1282) Permits a taxpayer who was due a refund, but who initially failed to file a return and who received a deficiency notice during the third year after the return's due date, to obtain a refund. (Sec. 1283) Repeals the requirement of the Secretary to disclose, upon request, if a prospective juror has been audited. (Sec. 1284) Specifies, for purposes of the statute of limitations, that the term "return" means the taxpayer's return and not the return of any person form whom the taxpayer has received an item of income, gain, loss, deduction, or credit. (Sec. 1286) Establishes penalties for the unauthorized inspection of returns and return information. Title XIII: Simplification Provisions Relating to Estate and Gift Taxes - Provides that, under specified conditions, gifts to charities are not subject to gift tax filing requirements. (Sec. 1302) Waives the right of recovery with respect to qualified terminable interest property only to the extent that the language in the decedent's will specifically indicates. (Sec. 1303) Treats any trust created before enactment of the Revenue Reconciliation Act of 1990 as satisfying the withholding requirement if it requires all trustees to be U.S. citizens or corporations. (Sec. 1304) Sets forth provisions concerning, among other things: (1) disclaimers (2) the treatment for estate tax purposes of short- term obligations held by nonresident aliens; (3) treating certain revocable trusts as part of the estate; (4) distributions during the first 65 days of the taxable year of the estate; (5) application of the separate share rules to estates; (6) treatment of an estate and a beneficiary as related for purposes of disallowance of losses; (7) treatment of a qualified funeral trust; (8) adjustments for certain gifts within three years of a decedent's death; and (9) the authority to waive the requirement that a qualified domestic trust have a U.S. trustee. Title XIV: Simplification Provisions Relating to Excise Taxes, Tax-Exempt Bonds, and Other Matters - Subtitle A: Excise Tax Simplification - Increases the de minimis limit for aftermarket alterations for heavy trucks and luxury cars. (Sec. 1411) Makes refunds available for imported bottled distilled spirits returned to distilled spirits plants. (Sec. 1412) Permits records of exportation to be maintained by the exporter for purposes of cancelling or crediting bonds furnished when distilled spirits are removed from bonded premises. (Sec. 1413) Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. (Sec. 1414) Allows beer to be transferred without payment of tax to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. (Sec. 1415) Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. (Sec. 1416) Repeals the requirement that wine returned to bonded premises be unmerchantable in order for the tax to be refunded to the proprietor of the bonded wine cellar to which the wine is delivered. (Sec. 1417) Allows the use of ameliorating material (not in excess of 60 percent) in certain wines made exclusively from a fruit or berry with a natural fixed acid of 20 parts per thousand or more. (Sec. 1418) Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. (Sec. 1419) Allows beer to be removed from a brewery without payment of tax for purposes of destruction. (Sec. 1420) Permits a domestic exporter to recover the tax paid on the exported beer with specified proof. (Sec. 1421) Provides for imported beer to be withdrawn from customs custody for transfer to a brewery without payment of tax. (Sec. 1431) Expands the authority of the Secretary to waive the excise tax registration requirement. (Sec. 1432) Repeals certain provisions concerning the: (1) tax on heavy trucks and trailers sold at retail; (2) tax on the removal of hard minerals from the deep seabed; and (3) excise tax on the sale or use by a manufacturer or importer of certain ozone depleting chemicals. Subtitle B: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. (Sec. 1442) Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception, if the spending requirements of that exception are otherwise satisfied. (Sec. 1443) Repeals: (1) the debt service-based limitation on investment in certain nonpurpose investments; and (2) certain expired provisions. Subtitle C: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. (Sec. 1452) Provides for a taxpayer to file a motion, rather than a petition, to seek, in the Tax Court, a redemption of interest. (Sec. 1453) Applies to estates and trusts the net worth limitations currently applicable to individuals. (Sec. 1454) Permits the Tax Court to have jurisdiction over certain employment status disputes. Subtitle D: Other Provisions - Extends the due date of the first quarter estimated tax payment of a private foundation. (Sec. 1462) Permits any Commonwealth to enter into an agreement with the Secretary providing for income tax withholding. (Sec. 1463) Revises provisions concerning the notice to a large corporation of a tax underpayment. Title XV: Technical Amendments Related to Small Business Job Protection Act of 1996 and Other Legislation - Sets forth, with respect to sections of the Small Business Job Protection Act of 1996 which amend the IRC, provisions concerning, among other things: (1) informational returns for those engaged in selling fish; (2) the definition of an electing small business trust; (3) the treatment of a wholly owned S corporation subsidiary; (4) SIMPLE retirement plans; and (5) the treatment of an employee participating in an Indian tribal government annuity. (Sec. 1502) Sets forth, with respect to sections of the Health Insurance Portability and Accountability Act of 1996 which amend the IRC, provisions concerning, among other things: (1) the tax on nonmedical withdrawals from a medical savings account; (2) the definition of a chronically ill individual for purposes of a long-term care insurance contract; (3) deductions for the health insurance costs of self-employed individuals; (4) reporting requirements concerning long-term care contracts; (5) consumer protection provisions for long- term care insurance contracts; and (6) rules concerning expatriation to avoid tax. (Sec. 1503) Sets forth, with respect to sections of the Taxpayer Bill of Rights Act 2 which amend the IRC, provisions concerning, among other things: (1) abatement of first-tier taxes in certain cases; and (2) returns of exempt organizations. (Sec. 1504) Sets forth other provisions which amend the IRC which are related to the: (1) Energy Policy Act of 1992; (2) Uruguay Round Agreements Act; (3) Omnibus Budget Reconciliation Act of 1993; (4) Tax Reform Act of 1986; and (5) Tax Reform Act of 1984.
Law· HRH.R. 2015 (105th)open
United States · United States Congress · 24 June 1997
TABLE OF CONTENTS: Title I: Committee On Agriculture Title II: Committee On Banking and Financial Services Title III: Committee On Commerce-Nonmedicare Subtitle A: Nuclear Regulatory Commission Annual Charges Subtitle B: Lease of Excess Strategic Petroleum Reserve Capacity Subtitle C: Sale of DOE Assets Subtitle D: Communications Subtitle E: Medicaid Title IV: Committee On Commerce-Medicare Subtitle A: MedicarePlus Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions Subtitle E: Prospective Payment Systems Title V: Committee On Education and the Workforce Subtitle A: TANF Block Grant Subtitle B: Higher Education Programs Subtitle C: Repeal of Smith-Hughes Vocational Education Act Subtitle D: Expansion of Portability and Health Insurance Coverage Title VI: Committee On Government Reform and Oversight Subtitle A: Postal Service Subtitle B: Civil Service Title VII: Committee On Transportation and Infrastructure Title VIII: Committee On Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Other Matters Title IX: Committee On Ways and Means-Nonmedicare Subtitle A: TANF Block Grant Subtitle B: Supplemental Security Income Subtitle C: Child Support Enforcement Subtitle D: Restricting Welfare and Public Benefits for Aliens Subtitle E: Unemployment Compensation Subtitle F: Increase in Public Debt Limit Title X: Committee On Ways and Means-Medicare Subtitle A: MedicarePlus Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions Subtitle E: Prospective Payment Systems Subtitle F: Provisions Relating to Part A Subtitle G: Provisions Relating to Part B Only Subtitle H: Provisions Relating to Parts A and B Balanced Budget Act of 1997 - Title I: Committee on Agriculture - Amends the Food Stamp Act to permit State agencies to provide a specified exemption from the food stamp program (program) work requirement for certain individuals. (Sec. 1002) Obligates specified additional funds for program employment and training programs. Sets forth State allocation and additional payment provisions. (Sec. 1003) Authorizes the use of nongovernmental personnel to make program eligibility determinations. Title II: Committee on Banking and Financial Services - Amends the Balanced Budget Downpayment Act, I to extend permanently certain foreclosure avoidance and borrower assistance provisions under the single family housing mortgage insurance program. (Sec. 2003) Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance program to make certain maximum monthly rent adjustment provisions for certain new and rehabilitated and nonturnover units applicable to FY 1999 and thereafter. Title III: Committee on Commerce--Nonmedicare - Subtitle A: Nuclear Regulatory Commission Annual Charges - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from FY 1998 through FY 2002 the authority of the Nuclear Regulatory Commission to assess and collect user fees and annual charges from licensees. Subtitle B: Lease of Excess Strategic Petroleum Reserve Capacity - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to use underutilized Strategic Petroleum Reserve (SPR) facilities to store petroleum product owned by a foreign government. Provides that: (1) such products may be exported without a Federal license; and (2) all attendant agreements shall provide for fees to fully compensate Federal storage and removal costs, including the cost of replacement facilities necessitated as a result of any withdrawals. (Sec. 3101) Instructs the Secretary of Energy (the Secretary) to ensure that such storage agreements do not affect: (1) Federal ability to withdraw, distribute, or sell SPR petroleum in response to an energy emergency; or (2) Federal obligations under the Agreement on an International Energy Program. Makes funds resulting from the leasing of SPR facilities after October 1, 2002, available to the Secretary without further appropriation for petroleum purchases, and for SPR operation and maintenance costs. Subtitle C: Sale of DOE Assets - Instructs the Secretary to sell, during the period FY 1999 through FY 2002, natural and low- enriched uranium that the President has determined is not necessary for national security needs. Prescribes sales terms. Subtitle D: Communications - Amends the Communications Act of 1934 (the Act) to make competitive bidding authority with respect to licenses or construction permits involving exclusive uses of the electromagnetic spectrum inapplicable to such licenses and permits issued by the Federal Communications Commission (FCC) that are: (1) not mutually exclusive; (2) for public safety radio services; (3) for initial licenses or permits assigned to existing terrestrial broadcast licensees for new terrestrial digital television (TV) services; or (4) for public telecommunications services when the application is for channels reserved for noncommercial use. Requires the FCC to provide for the design and conduct of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations of licenses in a single bid and to enter multiple alternative bids within a single bidding round. Eliminates a requirement for the retention of proceeds from competitive bidding by the FCC's salaries and expenses account. Extends competitive bidding authority through FY 2002. Terminates the FCC's authority to provide preferential treatment in licensing procedures to persons who make significant contributions to the development of a new service or new technology that enhances an existing service on this Act's enactment date (currently, such authority expires on September 30, 1998). Eliminates provisions authorizing random selection in granting spectrum licenses or permits. Directs the FCC, by the end of FY 2002, to permit the assignment by competitive bidding of licenses for the use of bands of frequencies that: (1) individually span at least 25 megahertz (mhz.) unless a combination of smaller bands can be expected to produce greater receipts; (2) in the aggregate span at least 100 mhz.; (3) are located below three gigahertz (ghz.); (4) have not been designated for assignment, identified by the Secretary of Commerce as reallocable frequencies, or allocated for Federal Government use or other specified unlicensed use; and (5) include frequencies at 1,710-1,755 mhz. Requires the FCC to notify the Secretary if it is unable to provide for effective relocation of incumbent licensees to available bands of frequencies and has identified bands suitable for relocation that are allocated for Federal use but could be reallocated pursuant to the National Telecommunications and Information Administration Organization Act. Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary to report to the President, the FCC, and the Congress on recommendations for reallocating frequencies allocated for Federal use under the Communications Act of 1934 to such incumbent licensees. Requires the Secretary to recommend for reallocation for use other than by Federal stations bands of frequencies that: (1) in the aggregate span at least 20 mhz.; (2) individually span at least 20 mhz. unless a combination of smaller bands can be expected to produce greater receipts; and (3) are located below three ghz. Directs the FCC to establish competitive bidding procedures designed to secure winning bids of at least two-thirds of $7.5 billion with respect to bidding for frequencies under this section. (Sec. 3302) Amends the Act to prohibit, under competitive bidding provisions, the renewal of a license authorizing analog TV service beyond the end of 2006. Extends such date if more than five percent of households in a market continue to rely exclusively on over-the-air terrestrial analog TV signals. Requires competitive bidding procedures to be designed to secure winning bids of at least two-thirds of $4 billion in the case of bidding for spectrum of expired analog TV licenses. Prohibits the FCC, in prescribing regulations relating to qualifications of bidders for such spectrum, from: (1) precluding any party from being a qualified bidder for spectrum allocated for any use that includes digital TV service on the basis of the FCC's duopoly rule or newspaper cross-ownership rule; or (2) applying either rule to preclude a successful bidder from using such spectrum for digital TV service. (Sec. 3303) Directs the FCC, no later than January 1, 1998, to allocate on a national, regional, or market basis, from radio spectrum between 746 and 806 mhz.: (1) 24 mhz. for public safety services unless the FCC determines that needs can be met in particular areas with fewer mhz.; and (2) the remainder for commercial purposes to be assigned by competitive bidding. Sets deadlines for the assignment of such licenses and for the commencement of competitive bidding. Requires competitive bidding procedures to be designed to secure winning bids of at least two-thirds of $1.9 billion in the case of bidding under this section. Provides that nothing shall preclude the FCC from assigning frequencies described in this Act by competitive bidding at a later date than required if such delay will better attain the objectives of recovering a fair portion of the value of the public spectrum for the public and avoiding unjust enrichment. Requires the FCC to assure that qualifying low-power TV stations are assigned a frequency below 746 mhz. to permit continued operation. (Sec. 3304) Directs the FCC, by July 1, 1997, to initiate a public inquiry required by the Act regarding competitive bidding systems. Subtitle E: Medicaid - Chapter 1: Flexibility - Amends title XIX (Medicaid) of the Social Security Act (SSA) to authorize States to provide Medicaid benefits (except to special needs children) through managed care entities. (Sec. 3402) Eliminates the (75-25) requirement under SSA title XVIII (Medicare) and title XIX that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of a participating health maintenance organization (HMO). (Sec. 3403) Grants States the option of providing Medicaid coverage of primary care case management services without the need for a waiver. (Sec. 3404) Increases from $100,000 to $1 million, indexed annually, the threshold amount for contracts requiring prior approval of the Secretary of Health and Human Services. (Sec. 3405) Requires a Medicaid health plan to cover the length of an inpatient hospital stay as determined medically appropriate by the attending physician (or other attending health care provider as permitted by State law) in consultation with the patient. (Sec. 3411) Repeals "Boren Amendment" provider reimbursement requirements. Requires States to establish a public administrative process for determination of payment rates through publication of proposed rates and a reasonable opportunity for providers, beneficiaries, and other concerned State residents to review and comment. (Sec. 3412) Specifies reductions from 100 percent to 85 percent between FY 1999 through FY 2003 in the percentage of reasonable costs that shall be paid under a State plan for Federally-qualified health center and rural health clinic services (with a special supplemental payment for services furnished under certain managed care contracts). Requires the Comptroller General to report on the impact of such reductions on access to health care for Medicaid beneficiaries and the uninsured served at health centers and rural health clinics, and the ability of such centers and clinics to become integrated in a managed care system. (Sec. 3413) Revises the treatment as broad-based health care related taxes of certain State hospital taxes which currently are not subtracted as revenues from the State share of Medicaid expenditures for purposes of calculating the Federal share of such expenditures. Declares that an exemption from such State hospital tax for certain Federal-tax-exempt hospitals that do not accept Medicaid or Medicare payments (provide free care) shall not disqualify the hospital tax as a broad-based health care related tax (thus allowing continued exclusion of such State hospital tax from the requirement that provider-specific taxes be subtracted from the State share of Medicaid expenditures for purposes of Federal share calculation). (Sec. 3421) Grants States the option to provide for 12-month continuous Medicaid eligibility for children. (Sec. 3422) Requires State Medicaid plan coverage of the Medicare cost-sharing for certain additional low-income Medicare beneficiaries whose income otherwise disqualifies them for specified Medicare benefits. (Sec. 3423) Prescribes criminal penalties for knowingly and willfully, for a fee, counseling or assisting an individual to dispose of assets (including a transfer in trust) in order for that individual to become Medicaid-eligible (fraudulent eligibility). (Sec. 3424) Declares that certain payments in a class settlement of specified cases shall not be considered income or resources in determining Medicaid eligibility. (Sec. 3431) Amends SSA title XVIII to provide for programs of all- inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. States that such individuals need not be eligible for Medicare part A benefits, or enrolled under Medicare part B. Specifies eligibility and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 3432) Details provisions for the coverage of PACE programs under the Medicare program. (Sec. 3434) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities with the costs, quality, and access to services of other PACE providers. (Sec. 3441) Changes from mandatory to discretionary a State's authority to enroll individuals under private group health plans, and pay their premiums. (Sec. 3442) Permits the same co-payments in HMO's as in fee-for- service plans. (Sec. 3443) Repeals: (1) certain physician qualification requirements with respect to services to pregnant women and to children under age 21; and (2) the requirement of prior institutionalization with respect to habilitation services furnished under a waiver for home or community-based services. (Sec. 3445) Provides for benefits for services of physician assistants. (Sec. 3446) Directs the Secretary to provide for a study, and report to the Congress, on the actuarial value of the provision of early and periodic screening, diagnostic, and treatment services under the Medicaid program. (Sec. 3451) Repeals requirements for inspections of the care being provided at mental hospitals and intermediate care facilities for the mentally retarded (ICFS-MR). (Sec. 3452) Authorizes a State, in lieu of terminating a noncompliant ICFS-MR, to establish alternative remedies if the State demonstrates to the Secretary's satisfaction that such alternative remedies are effective in deterring noncompliance and correcting deficiencies. (Sec. 3453) Revises requirements for mechanized claims processing and information retrieval systems. (Sec. 3454) Repeals the requirement for State refund to the Federal Government of any payments received during remediation of a noncompliant nursing facility. (Sec. 3455) Includes the DRUGDEX Information System among the compendia to be used in drug use review for Medicaid payment. (Sec. 3456) Applies certain requirements to the extension of statewide comprehensive research and demonstration projects for which waivers of Medicaid compliance have been granted. (Sec. 3457) Declares that no provision of law shall be construed as preventing any State from allowing determinations of Medicaid eligibility by an entity that is not a State or local government, or by an individual who is not an employee of a State or local government, meeting such qualifications as the State determines. (Sec. 3458) Amends the Omnibus Budget Reconciliation Act of 1989 to extend the moratorium on the treatment of Michigan's Kent Community Hospital Complex and Saginaw Community Hospital as institutions for mental diseases for purposes of Medicaid reimbursement. Chapter 2: Quality Assurance - Amends SSA title XIX to require any State contracting with Medicaid managed care organizations to develop and implement a quality assessment and improvement strategy incorporating certain access standards, monitoring procedures, and other measures. Waives Medicaid HMO requirements for: (1) HMO's with Medicare or MedicarePlus contracts; and (2) HMO's accredited by certain private, nonprofit accrediting organizations. Requires HMO and primary care case management contracts to provide for: (1) submission of care monitoring information to the State agency; (2) maintenance of an internal quality assurance program meeting the Secretary's standards; and (3) effective procedures for resolving grievances between the HMO or primary care case management contractor and enrollees. (Sec. 3462) Requires an HMO to meet solvency standards established by the State for private HMO's, or be State-licensed or -certified as a risk-bearing entity. (Sec. 3463) Provides for: (1) application of the prudent layperson standard for emergency medical condition determinations; (2) prohibition of "gag rule" restrictions against informing patients about their health status or medical care or treatment if the covered health care professional is acting within the lawful scope of practice; (3) various additional specified fraud and abuse protections in managed care; (4) grievances under Medicaid managed care plans; and (5) standards relating to access to obstetrical and gynecological services under Medicaid managed care plans. Chapter 3: Federal Payments - Amends SSA title XIX to require direct State Medicaid payment to disproportionate share hospitals (DSH's) for managed care enrollees. Sets at the FY 1995 level, with specified incremental reductions for high DSH States and other States, the annual DSH allotment through FY 2002. (Sec. 3472) Specifies additional funding for State emergency health services furnished to undocumented aliens. Subtitle F: Child Health Assistance Program (CHAP) - Child Health Assistance Program Act of 1997 - Amends SSA to add a new title XXI (Child Health Assistance Program) (CHAP) in order to provide funds to States to expand the provision of child health care assistance to uninsured, low-income children. Requires a State to submit for the Secretary's approval a child health plan for the use of funds, containing strategic objectives, performance goals, and performance measures. Specifies the benefits to be covered. Allows the use of funds for abortion only if the pregnancy results from rape or incest or if the woman suffers from a physical disorder, illness, or injury that would, as certified by a physician, place her in danger of death unless an abortion is performed. (Sec. 3503) Amends SSA title XIX to provide for an increased Medicaid Federal medical assistance percentage (FMAP) for expanded coverage of targeted low-income children. (Sec. 3504) Authorizes an approved State plan to make Medicaid available to a low-income child during a specified presumptive eligibility period after determination that family income does not exceed a certain level. Title IV: Committee on Commerce - Medicare - Subtitle A: MedicarePlus Program - Chapter 1: MedicarePlus Program - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a MedicarePlus program under which each MedicarePlus eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the Medicare fee-for-service program or through a MedicarePlus plan. (Sec. 4001) Outlines the types of MedicarePlus plans that may be available, including: (1) coordinated care plans; (2) plans offered by provider-sponsored organizations; and (3) a combination of MSA (MedicarePlus savings account) plan and contributions to MedicarePlus MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to provide for broad dissemination of coverage option and comparison information to Medicare beneficiaries and prospective Medicare beneficiaries. Directs the Secretary to maintain a toll-free number for inquiries about MedicarePlus options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires MedicarePlus organizations to generally accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of MedicarePlus marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each MedicarePlus plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well, at its option, as certain supplemental benefits subject to the Secretary's approval. Prohibits a MedicarePlus organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Provides for the treatment of services furnished by providers that do not have a contract establishing payment amounts for services furnished to an individual enrolled with a MedicarePlus organization. Requires each MedicarePlus organization to provide the Secretary with information on the extent to which it provides inpatient and outpatient hospital benefits through the use of disproportionate share (DSH) and teaching hospitals. Allows a MedicarePlus organization offering a network plan to enrollees also to offer another plan covering items and services furnished by out-of- network providers. Directs the Secretary to make monthly, advance payments with respect to an individual's coverage to MedicarePlus organizations according to a specified formula. Requires the Secretary to establish separate payment rates for individuals with end-stage renal disease. Directs the Secretary to develop and submit to the Congress a report on a method of risk adjustment of payment rates that accounts for variations in per capita costs based on health status. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a MedicarePlus MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Details rules for the submission and charging of premiums by each MedicarePlus organization. Sets limitations on enrollee cost-sharing for basic, additional, and supplemental benefits, except for MSA plans. Requires the Secretary to audit each year the financial records of at least one-third of the MedicarePlus organizations offering MedicarePlus plans. Prohibits a State from imposing a premium tax or similar tax with respect to payments on MedicarePlus plans or the offering of such plans. Sets out organizational and financial requirements for MedicarePlus organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for MedicarePlus organizations. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and MedicarePlus organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. Directs the Secretary to: (1) study and report to the Congress on the feasibility and impact of removing a certain limitation added by this Act on the eligibility of most individuals medically determined to have end-stage renal disease to enroll in MedicarePlus plans; and (2) report to the Congress on graduate medical education programs operated by MedicarePlus organizations and the extent to which such organizations are providing for payments to DSH and teaching hospitals. (Sec. 4002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 4006) Amends the Internal Revenue Code to outline special rules for MedicarePlus MSA's. Excludes from gross income any payment by the Secretary to an individual's MedicarePlus MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the MedicarePlus MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. (Sec. 4008) Requires each contract with a MedicarePlus organization and each risk-sharing contract with an eligible organization to provide for an additional payment for Medicare's share of allowable direct graduate medical education (GME) costs incurred by such an organization for an approved medical residency program. Directs the Secretary to provide for specified additional payment amounts, subject to certain annual limits, for each Medicare- dependent, small rural hospital, each PPS-exempt hospital, and each hospital reimbursed under an authorized reimbursement system that has an approved medical residency training program and furnishes services to individuals who are enrolled under a risk-sharing contract with an eligible organization and are entitled to Medicare part A. (Sec. 4009) Directs the Secretary to provide for specified additional payment amounts, subject to certain annual limits, for each Medicare-dependent, small rural hospital and each hospital reimbursed under an authorized reimbursement system that: (1) furnishes services to individuals enrolled under a risk-sharing contract with an eligible organization and entitled to Medicare part A, and to individuals who are enrolled with a MedicarePlus organization; and (2) is, or if it were not reimbursed would qualify as, a DSH. Chapter 2: Integrated Long-Term Care Programs - Amends the Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project; and the Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the MedicarePlus program. (Sec. 4018) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Secretary to extend the municipal health service demonstration projects but only with respect to individuals enrolled with such projects before January 1, 1998. Requires the Secretary to work with each such demonstration project to develop a plan (to be submitted to certain congressional committees) for the orderly transition of demonstration projects and project enrollees to a non-demonstration project health care delivery system. Provides that a demonstration project which does not develop and submit such a transition plan by a certain deadline shall be discontinued as of December 31, 1998. (Sec. 4019) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Medicare Payment Advisory Commission - Amends SSA title XVIII to establish the Medicare Payment Advisory Commission (MPAC) to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 4031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is 65 years of age or older with a certain minimum period of creditable coverage. (Sec. 4032) Directs the Secretary to implement a project to demonstrate the application of, and the consequences of applying, a market-oriented pricing system for the provision of a full range of Medicare benefits in a geographic area. Requires the Secretary to appoint: (1) a national advisory committee to make recommendations concerning the appropriate research design for the project and, taking such recommendations into account, designate the areas in which the project will operate; and (2) an area advisory committee to advise the Secretary on actual project implementation in the area. Directs the Secretary to monitor and report periodically to the Congress on the impact of such projects on the price and quality of, and access to, Medicare covered services, and other relevant factors. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of the deductible for screening mammography; (2) screening pelvic exams, providing for their payment under the physician fee schedule; (3) prostate cancer screening tests, providing for payment of the prostate-specific antigen (PSA) blood test under the clinical diagnostic laboratory test fee schedules; (4) colorectal cancer screening tests, subject to prescribed frequency and payment limits, which will include a screening barium enema if found by the Secretary to be an appropriate alternative to certain other tests; (5) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals for the purpose of identifying bone mass or detecting bone loss or determining bone quality. (Sec. 4102) Makes certain changes in existing benefits, such as increasing the frequency of coverage of screening pap smears for high risk women and waiving the deductible that applies to such exams. Requires the Secretary to report to the Congress on: (1) the extent to which the use of certain supplemental computer-assisted diagnostic tests in conjunction with pap smears improves the early detection of cervical or vaginal cancer; and (2) the costs implications for coverage of such supplemental tests under Medicare. (Sec. 4105) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of the health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. (Sec. 4107) Extends the Influenza and Pneumococcal Vaccination Campaign carried out by the Health Care Financing Administration (HCFA) in conjunction with the Centers for Disease Control and Prevention and the National Coalition for Adult Immunization. Authorizes appropriations. (Sec. 4108) Directs the Secretary to request the National Academy of Sciences in conjunction with the United States Preventive Services Task Force to and report to the Congress on the expansion or modification of preventive benefits provided to Medicare beneficiaries. Provides funding. Subtitle C: Rural Initiatives - Directs the Secretary to provide for a four-year demonstration project to use eligible health care provider telemedicine networks to apply high-capacity computing and advanced networks to improve primary care and prevent health care complications to Medicare beneficiaries with diabetes mellitus residing in medically underserved rural or inner-city areas. Provides funding. Subtitle D: Anti-Fraud and Abuse Provisions - Revises requirements for mandatory exclusion of certain individuals and entities from participating in Medicare and State health programs. Mandates an ten-year exclusion of any individual for a second health care related conviction, and permanent exclusion for a third health care related conviction. (Sec. 4302) Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 4303) Requires the annual explanation of Medicare benefits provided to Medicare beneficiaries to include a toll-free telephone number to report Medicare waste, fraud, and abuse. (Sec. 4304) Makes Medicare carriers and fiscal intermediaries liable for reimbursing the Secretary for amounts paid to excluded providers. Makes State agencies liable for reimbursing the Secretary for amounts paid to excluded providers under the Medicaid program. (Sec. 4305) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 4306) Provides for the imposition of civil monetary penalties for any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program. (Sec. 4307) Outlines various specified requirements regarding disclosure of information, surety bonds, and advisory opinions regarding certain physician self-referral provisions. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORF's) and to rehabilitation agencies. (Sec. 4308) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to the Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 4309) Amends SSA title XVIII to direct the Secretary to issue written, binding advisory opinions concerning whether a referral relating to designated health services (other than clinical laboratory services) is prohibited. (Sec. 4310) Provides for: (1) notification of the availability of home health agencies as part of the discharge planning process; and (2) maintenance and disclosure of certain information on post-hospital home health agencies. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns. Subtitle E: Prospective Payment Systems - Chapter 2 (sic): Payment Under Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 4412) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 4413) Directs the Secretary to establish a prospective payment system (PPS) for hospital outpatient department services. (Sec. 4421) Establishes payment rates for outpatient therapy services, with certain co-payments imposed for services furnished after 1998. (Sec. 4422) Provides for: (1) payment of CORF services based on fee schedule amounts; and (2) certain interim reductions in payments for ambulance services. Directs the Secretary to establish a prospective fee schedule for payment of such services. (Sec. 4431) Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. (Sec. 4432) Sets out the framework for demonstration projects for coverage of ambulance services under Medicare through contracts with counties or parishes. Chapter 3: Payment Under Parts A and B - Directs the Secretary to establish a PPS for home health services. Subtitle G (sic): Provisions Relating to Part B Only - Chapter 1: Physicians' Services - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; and (5) phasing-in implementation of resource-based physician practice expense relative value units. (Sec. 4606) Directs the Secretary, for 1999 and 2001, to determine for each hospital: (1) the hospital-specific per discharge relative value according to prescribed guidelines (with a special rule for teaching hospitals); and (2) whether the hospital-specific relative value is projected to be excessive. Requires the Secretary to notify the medical executive committee of each hospital identified as having an excessive hospital-specific relative value of the determinations made with respect to the medical staff. (Sec. 4607) Provides that no x-ray is required for chiropractic services. Directs the Secretary to develop and implement utilization guidelines relating to the coverage of chiropractic services under Medicare part B in cases in which a subluxation has not been demonstrated by x-ray to exist. (Sec. 4608) Provides that effective for electrocardiogram tests performed during 1998, the Secretary shall restore separate payment under Medicare part B for the transportation of electrocardiogram equipment (HCPCS code R0076) based upon the status code and relative value units established for such service as of December 31, 1996. Requires the Comptroller General to report to the Congress on the appropriateness of continuing such payment. Chapter 2: Other Payment Provisions - Provides for a reduction in DME payment amounts and for a payment freeze for parenteral and enteral nutrients, supplies, and equipment. Revises payment rates for oxygen and oxygen equipment, clinical diagnostic laboratory tests, ambulatory surgical services, and drugs and biologicals. (Sec. 4614) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory tests. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 4617) Provides for Medicare coverage of oral drugs prescribed for use as an acute anti-emetic used as part of an anticancer chemotherapeutic regimen under certain conditions. Sets forth special rules for the payment of such drugs. (Sec. 4618) Revises certain requirements with regard to rural health clinic services, including per-visit payment limits for provider-based clinics, assurance of quality services, and certain staffing and shortage area requirements. (Sec. 4619) Provides for increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. Repeals certain restrictions on settings applicable to them. (Sec. 4621) Directs the Secretary to: (1) audit a sample of cost reports of renal dialysis providers for 1995 and for each third year thereafter; and (2) develop and implement a method to measure and report quality of renal dialysis services provider under Medicare in order to reduce payments for inappropriate or low quality care. (Sec. 4622) Provides for payment for cochlear implants as customized DME. Chapter 3: Part B Premium - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Provisions Relating to Medicare Secondary Payer - Revises requirements for Medicare as secondary payer. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Limits beneficiary liability for items and services for which Medicare benefits are incorrectly paid. Chapter 2: Home Health Services - Prohibits the Secretary, in establishing payment limits for cost reporting periods beginning after September 30, 1997, from taking into account any changes in the home health market basket with respect to cost reporting periods beginning on or after July 1, 1994, and before July 1, 1996. (Sec. 4712) Revises requirements for interim payments for home health services. Directs the Secretary to: (1) expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service; and (2) study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 4715) Bases the payment for home health services on the location where the service is furnished. (Sec. 4716) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 4717) Provides that no home health benefits are based solely on drawing blood. (Sec. 4718) Makes Medicare part B the primary payer for certain home health services for an individual entitled to benefits under Medicare part A. Provides for Medicare coverage of post-hospital home health services. Revises requirements for Medicare part B payments with respect to home health services. Provides for the phase-in of additional part B costs in determination of Medicare part B monthly premiums. Directs the Secretary to: (1) report to specified congressional committees on the impact on home health utilization and admissions to hospitals and skilled nursing facilities of Medicare coverage of post- hospital home health services; and (2) further reexamine and report to such committees on this impact one year after the full implementation of the Medicare PPS for home health services. Chapter 3: Baby Boom Generation Medicare Commission - Establishes the Bipartisan Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately during 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve the Medicare program for the period during which such individuals are eligible for Medicare. (Sec. 4721) Directs the Commission to report to the Congress its findings and recommendations regarding how to protect and preserve the Medicare program in a financially solvent manner until 2030 (or, if later, throughout the period of projected solvency of the Federal Old- Age and Survivors Insurance Trust Fund). Requires the report to include detailed recommendations for appropriate legislative initiatives on how to accomplish this objective. Authorizes appropriations. Chapter 4: Provisions Relating to Direct Graduate Medical Education - Sets out provisions relating to direct graduate medical education, including: (1) placing a limitation on the number of residents for cost reporting periods beginning after FY 1998; (2) phasing-in a limitation on hospital overhead and supervisory physician component of direct medical education costs; (3) permitting payment to non-hospital providers; and (4) providing incentive payments under plans for voluntary reduction in the number of residents. (Sec. 4735) Directs the Secretary to establish a demonstration project under which the Secretary shall make payments to specified qualifying consortia instead of teaching hospitals. (Sec. 4736) Requires the Medicare Payment Advisory Commission to examine and develop recommendations for the Congress on whether and to what extent Medicare payment policies and other Federal policies regarding teaching hospitals and graduate medical education should be reformed. (Sec. 4737) Provides a special Medicare reimbursement rule for certain combined residency programs. Chapter 5: Other Provisions - Amends SSA title XVIII to direct the Secretary to use a competitive process to contract with specific hospitals or other entities meeting certain quality standards (centers for excellence) for furnishing services related to surgical procedures as well as other services (unrelated to surgical procedures) to hospital inpatients. (Sec. 4742) Establishes a Medicare part B and Medigap special enrollment period for certain military retirees and dependents during which they may enroll without being subject to a Medicare part B late enrollment penalty. (Sec. 4743) Directs the Secretary to establish and operate a two- year demonstration project in two geographic regions under which the Medicare payment for a selected item or service furnished in the region shall be equal to the price determined pursuant to a certain competitive bidding process meeting specified requirements. Subtitle I: Medical Liability Reform - Chapter 1: General Provisions - Sets forth definitions, limitations, preemption mandates, and specified exclusions relating to health care liability actions brought in any State or Federal court. Chapter 2: Uniform Standards for Health Care Liability Actions - Establishes certain uniform standards for such health care liability actions that include: (1) a general statute of limitations of two years after the date on which the claimant discovered or should have discovered the harm that is the subject of the action; (2) a $250,000 limitation on noneconomic damages; and (3) standards for the awarding of punitive damages (clear and convincing evidence of conscious, flagrant indifference to the rights and safety of others). (Sec. 4813) Declares that any alternative dispute resolution system (ADR) used to resolve a health care liability action or claim shall contain provisions relating to such statute of limitations, non- economic damages, punitive damages, and other specified matters which are identical to the relevant provisions of this subtitle. Title V: Committee on Education and the Workforce - Subtitle A: TANF Block Grant - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 5001) Sets forth requirements relating to State entitlement to non-competitive formula grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on the likelihood of successful long-term placement of individuals into the work force, for State-approved projects proposed by private industry councils or local governments. Prohibits private industry councils from directly providing services using such grant funds. Provides for such grants to territories and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to develop a plan to evaluate the use of such grants. (Sec. 5002) Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. (Sec. 5003) Exempts teen parents from the limitation on the number of persons who may be treated as engaged in work by reason of participation in a vocational education program. (Sec. 5004) Requires that participants in State welfare-to-work programs receive compensation at the same rates (in accordance with applicable law), including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills. Limits the number of hours per month that an assistance recipient may be required to be assigned to on-the-job-training, and to a work experience or community service position with a public agency or nonprofit organization. (Sec. 5005) Requires reduction of a State's welfare-to-work grant if a State fails to reduce assistance for recipients refusing work without good cause. Subtitle B: Higher Education Programs - Amends the Higher Education Act of 1965 (HEA) with respect to title IV student assistance programs. (Sec. 5101) Directs the Secretary of Education to recall for deposit in the Treasury a specified amount of the reserve funds of State and nonprofit private loan insurance programs held by guaranty agencies on September 1, 2002. Denies the Secretary any authority to direct a guaranty agency to return reserve funds before such date. Requires each guaranty agency, between FY 1998 and 2002, to transfer a certain portion of its required share of the projected recall amount into restricted accounts for investment in U.S. obligations or other similarly low-risk securities. (Sec. 5102) Repeals the requirement that the Secretary pay direct loan origination fees to institutions of higher education. (Sec. 5103) Sets funding levels through FY 2002 for mandatory administrative expenses for the student financial aid programs. Reduces the previously authorized level of appropriations for FY 1998 ($750 million), while authorizing increasing amounts for subsequent fiscal years until the level reaches $750 million for FY 2002. Prescribes a formula for the calculation of administrative cost allowances payable to guaranty agencies. (Sec. 5104) Revises requirements for the Secretary's equitable share of collections to: (1) include collections of payments made on behalf of a borrower, such as payments made to discharge loans to obtain a consolidation loan; and (2) specify the share on consolidated defaulted loans. (Sec. 5105) Extends the HEA title IV student assistance program through FY 2002. Subtitle C: Repeal of Smith-Hughes Vocational Education Act - Repeals the Smith-Hughes Vocational Education Act. Subtitle D: Expansion of Portability and Health Insurance Coverage - Expansion of Portability and Health Insurance Coverage Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish rules governing association health plans, including requirements for: (1) certification; (2) sponsors and boards of trustees, and treatment of franchised networks and collectively bargained plans; (3) participation and coverage of employers and individuals, and of previously uninsured employees; (4) plan documents, contribution rates, and benefit options; (5) maintenance of reserves, excess-stop loss insurance, and solvency indemnification for plans providing health benefits in addition to health insurance coverage; (6) application and related matters, and notice for voluntary termination; (7) corrective actions and mandatory termination; and (8) special rules for church plans. (Sec. 5303) Revises requirements for the treatment of: (1) single employer arrangements; and (2) certain collectively bargained arrangements. (Sec. 5305) Adds requirements relating to association health plans, with respect to: (1) enforcement; and (2) cooperation between Federal and State authorities, and State responsibilities. Title VI: Committee on Government Reform and Oversight - Subtitle A: Postal Service - Repeals provisions authorizing transitional appropriations to the Postal Service. Provides that liabilities of the former Post Office Department to the Employees' Compensation Fund for which appropriations were authorized under such provisions shall remain liabilities payable by the Postal Service. Prohibits payments from being made to the Postal Service Fund pursuant to such provisions for FY 1998. Requires the amount of any such payments that have been made for FY 1998 to be paid from such Fund into the Treasury as miscellaneous receipts before October 1, 1998. Subtitle B: Civil Service - Specifies increases in certain contributions to the Civil Service Retirement System and the Federal Employees Retirement System. (Sec. 6103) Modifies the formula under which the Government contribution for health benefits for a Federal employee or annuitant enrolled in the Federal Employees Health Benefits Program (FEHB) is determined. Title VII: Committee on Transportation and Infrastructure - Extends through FY 2002 the current higher vessel tonnage duties imposed upon foreign vessels entering into U.S. ports. (Sec. 7002) Directs the Administrator of General Services, no earlier than FY 2002, to: (1) sell all U.S. rights and interest to the land and related improvements at Governors Island, New York (granting the right of first refusal to the State of New York and the City of New York); and (2) sell the air rights (currently owned by Amtrak) to the land adjacent to Union Station in Washington, D.C. Directs Amtrak to convey such air rights to the Administrator, for subsequent resale, as a condition of future Federal financial assistance. Title VIII: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1997 - Subtitle A: Extension of Temporary Authorities - Extends through FY 2002 the authority to require certain veterans to make copayments for the receipt of Department of Veterans Affairs health and medical care benefits. Extends through FY 2002: (1) the requirement that veterans pay $2 for each 30-day supply of medication furnished through the Department for the treatment of a non-service-connected disability or condition; and (2) the right of the United States to recover from a veteran the cost of Department care and services provided for certain non-service-connected disabilities. (Sec. 8013) Establishes in the Treasury the Department of Veterans Affairs Medical Care Collections Fund for receipt of amounts recovered or collected by the Department for the provision of certain reimbursable health care and services provided to veterans and their spouses and dependents. Specifies authorized Fund uses. Requires the Secretary to make certain certifications to the Secretary of the Treasury if amounts recovered in the Fund during FY 1998 through 2000 will be more than $25,000 less than the amount contained in the latest congressional baseline estimate for recovery in that fiscal year. Directs the Secretary to submit quarterly reports to the veterans' committees on the operation of such recovery provisions for such fiscal years and the first quarter of FY 2001. Terminates at the end of FY 1997 the Department of Veterans Affairs Medical-Care Cost Recovery Fund. Directs the Secretary to report to the veterans' committees on the implementation of this section. Extends through FY 2002: (1) the authority of the Secretary to obtain information under the Internal Revenue Code for veterans' income verification purposes; (2) a $90 monthly pension limitation for a Medicaid-covered veteran having neither spouse nor child and being furnished domiciliary or nursing home care by the Department; (3) the authority of the Secretary to charge a home loan fee under the veterans' home loan guaranty program; (4) the default procedures applicable to home liquidation sales under the program; and (5) the authority of the Secretary to issue and guarantee the principal and interest on certificates or other securities representing an interest in a pool of mortgage loans made to veterans and guaranteed by the Secretary. Increases the home loan fee rate charged for the purchase from the Department of repossessed homes (homes the loans for which were defaulted by veterans under the home loan guaranty program). Subtitle B: Other Matters - Provides for the rounding down to the next lower dollar of cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates for FY 1998 through 2002. Allows such adjustments to be no more than the percentage adjustment to social security increases for such year. (Sec. 8022) Revises the notification procedures under which the Secretary may waive all or part of the indebtedness owed by a veteran on account of any loan made to, or assumed or guaranteed by, the Department. Title IX: Committee on Ways and Means--NonMedicare - Subtitle A: TANF Block Grant - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 9001) Sets forth requirements relating to State entitlement to non-competitive grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on program effectiveness and other factors, for State-approved projects proposed by private industry councils and local governments. Requires the targeting of at least 65 percent of available funds for such grants to cities with the greatest number of persons with income below the poverty line. Prohibits private industry councils from directly providing services using such grant funds. Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. Provides for such grants to outlying areas and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a plan to evaluate the use of such grants; and (2) submit interim and final reports to the Congress. (Sec. 9002) Limits to not more than ten percent the portion of TANF block grant funds which a State may use to carry out State programs under SSA title XX block grants to State for social services. (Sec. 9003) Exempts teen parents from the limitation on the number of persons who may be treated as engaged in work by reason of participation in a vocational education program. Increases such limitation from 20 percent to 30 percent of the number of individuals in all families who may be so treated. (Sec. 9004) Limits the number of hours per month that a recipient of assistance may be required to be assigned to a work experience, on- the-job training, or community service position with a public agency or nonprofit organization. Applies Federal and State health and safety standards to the working conditions of participants. Requires the provision of workers' compensation to participants on the same basis as it is provided to other individuals in the State in similar employment. (Sec. 9005) Requires reduction of a State's welfare-to-work grant if the State fails to reduce assistance to recipients refusing work without good cause. Subtitle B: Supplemental Security Income - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA) to extend by six months the deadline for certain childhood disability redeterminations under SSA title XVI (Supplemental Security Income) (SSI). (Sec. 9102) Repeals maintenance of effort requirements applicable to optional State programs for supplementation of SSI benefits. (Sec. 9103) Prescribes the schedule of administrative fees the Commissioner of Social Security shall assess each State from FY 1997 through 2003 and after for making optional and mandatory State SSI payments to individuals. Revises requirements for deposit of such fees, directing that a portion be credited to a special fund for FY 1998 and subsequent fiscal years for use in defraying expenses. Authorizes appropriations. Subtitle C: Child Support Enforcement - Amends SSA title III (Unemployment Insurance) with respect to the authority to permit certain redisclosures of wage and claim information for purposes related to the child support enforcement program under SSA title IV part D (Child Support and Establishment of Paternity). Subtitle D: Restricting Welfare and Public Benefits for Aliens - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the refugee and asylee eligibility period for Supplemental Security Income (SSI) and Medicaid. Provides a five-year food stamp eligibility period for such aliens. (Sec. 9302) Makes aliens eligible for SSI benefits who were receiving such benefits as of the date of enactment of such Act. Deems Cuban and Haitian entrants and Amerasian immigrants to be "qualified aliens." (Sec. 9303) Provides SSI eligibility for permanent resident aliens who are members of an Indian tribe. (Sec. 9304) Authorizes States to require applicants for State or local benefits to provide eligibility verification. (Sec. 9305) States that an alien who is ineligible for food stamps shall not be eligible for such program based upon SSI eligibility. Authorizes Medicaid eligibility based upon SSI eligibility. Subtitle E: Unemployment Compensation - Declares that no State law definition of a base period shall be considered as meeting the SSA title III (Unemployment Compensation Administration) requirement for a method of administration reasonably calculated to insure full payment of unemployment compensation when due. (Sec. 9402) Amends SSA title IX (Employment Security) to increase the Federal Unemployment Account ceiling. (Sec. 9403) Provides for a special distribution to States of year- end excesses from the Unemployment Trust Fund. (Sec. 9404) Restricts interest-free advances to State accounts in the Unemployment Trust Fund to States which meet or exceed funding goals. (Sec. 9405) Revises the Internal Revenue Code to exempt from the Federal unemployment tax any election officials or election workers whose total annual remuneration for their services is under $1,000. (Sec. 9406) Excludes any service performed by a prison inmate from the definition of employment for unemployment compensation purposes. (Sec. 9407) Exempts from the Federal unemployment tax any services performed for certain income tax-exempt elementary or secondary schools which are operated primarily for religious purposes. (Sec. 9408) Amends SSA title III (Unemployment Compensation Administration) to authorize additional appropriations out of the employment security administration account to carry out State program integrity activities for unemployment compensation, including initial claims review, eligibility review, benefit payments control, and employer liability auditing activities. Subtitle F: Increase in Public Debt Limit - Amends Federal law to provide for an increase in the public debt limit to $5.95 trillion. Title X: Committee on Ways and Means - Medicare - Subtitle A: MedicarePlus Program - Chapter 1: MedicarePlus Program - (This title sets forth provisions generally analogous to those set forth above under title IV of this Act.) Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a MedicarePlus program under which each MedicarePlus eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the Medicare fee-for-service program or through a MedicarePlus plan. (Sec. 10001) Outlines the types of MedicarePlus plans that may be available, including: (1) coordinated care plans; (2) plans offered by provider-sponsored organizations; and (3) a combination of MSA (MedicarePlus savings account) plan and contributions to MedicarePlus MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to: (1) provide for broad dissemination of coverage option and comparative information to Medicare beneficiaries and prospective Medicare beneficiaries; and (2) maintain a toll-free number for inquiries about MedicarePlus options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires a MedicarePlus organization to generally accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of MedicarePlus marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each MedicarePlus plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well as, at its option, certain supplemental benefits, subject to the Secretary's approval. Prohibits a MedicarePlus organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Provides for the treatment of services furnished by providers that do not have a contract establishing payment amounts for services furnished to an individual enrolled with a MedicarePlus organization (other than under an MSA plan). Requires each MedicarePlus organization to provide the Secretary with information on the extent to which it provides inpatient and outpatient hospital benefits through the use of disproportionate share (DSH) and teaching hospitals. Directs the Secretary to: (1) make monthly, advance payments with respect to an individual's coverage to MedicarePlus organizations according to a specified formula; (2) establish separate payment rules for individuals with end-stage renal disease; and (3) develop and submit to the Congress a report on a method of risk adjustment of payment rates that accounts for variations in per capita costs based on health status. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a MedicarePlus MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Sets forth special rules for certain inpatient hospital stays. Details the rules for the submission and charging of premiums by each MedicarePlus organization. Sets limitations on enrollee cost- sharing for basic, additional, and supplemental benefits, except for MSA plans. Requires the Secretary to audit each year the financial records of at least one-third of the MedicarePlus organizations offering MedicarePlus plans. Prohibits a State from imposing a premium tax or similar tax with respect to premiums on MedicarePlus plans or the offering of such plans. Sets forth organizational and financial requirements for MedicarePlus organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for MedicarePlus organizations and plans. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and MedicarePlus organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. Directs the Secretary to: (1) study and report to the Congress on the feasibility and impact of removing a certain limitation added by this Act on the eligibility of most individuals medically determined to have end-stage renal disease to enroll in MedicarePlus plans; and (2) report to the Congress on graduate medical education programs operated by MedicarePlus organizations and the extent to which such organizations are providing for payments to DSH and teaching hospitals. (Sec. 10002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 10006) Amends the Internal Revenue Code to outline special rules for MedicarePlus MSA's. Excludes from gross income any payment by the Secretary to an individual's MedicarePlus MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the MedicarePlus MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. Chapter 2: Integrated Long-Term Care Programs - Amends SSA title XVIII to provide for programs of all-inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. Specifies benefit and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 10012) Amends SSA title XIX (Medicaid) to provide for the establishment of State PACE programs as a State Medicaid option. (Sec. 10014) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities under the demonstration projects with the costs, quality, and access to services of other PACE providers. (Sec. 10015) Amends the: (1) Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project; and (2) Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the MedicarePlus program. (Sec. 10018) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Secretary to extend the municipal health service demonstration projects but only with respect to individuals enrolled with such projects before January 1, 1998. Requires the Secretary to work with each such demonstration project to develop a plan (to be submitted to certain congressional committees) for the orderly transition of demonstration projects and project enrollees to a non-demonstration project health care delivery system. Provides that a demonstration project which does not develop and submit such a transition plan by a certain deadline shall be discontinued as of December 31, 1998. (Sec. 10019) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Medicare Payment Advisory Commission - Amends SSA title XVIII to establish the Medicare Payment Advisory Commission to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 10031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is 65 years of age or older with a certain minimum period of creditable coverage. (Sec. 10032) Directs the Secretary to implement a project to demonstrate the application of, and the consequences of applying, a market-oriented pricing system for the provision of a full range of Medicare benefits in a geographic area. Requires the Secretary to appoint: (1) a national advisory committee to make recommendations concerning the appropriate research design for the project and, taking such recommendations into account, designate the areas in which the project will operate; and (2) an area advisory committee to advise the Secretary on actual project implementation in the area. Directs the Secretary to monitor and report periodically to the Congress on the impact of such projects on the price and quality of, and access to, Medicare covered services, and other relevant factors. Chapter 5: Tax Treatment of Hospitals Participating in Provider Sponsored Organizations - Amends the Internal Revenue Code to provide that an organization shall not fail to be treated as a tax-exempt charitable organization solely because a hospital which it owns and operates also participates in a provider-sponsored organization, whether or not the provider-sponsored organization is exempt from tax. Provides that any person with a material financial interest in such a provider-sponsored organization shall be treated as a private shareholder or individual with respect to the hospital. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of the deductible for screening mammography; (2) screening pelvic exams, providing for their payment under the physician fee schedule; (3) prostate cancer screening tests, providing for payment of the prostate-specific antigen (PSA) blood test under the clinical diagnostic laboratory test fee schedules; (4) colorectal cancer screening tests, subject to prescribed frequency and payment limits, which will include a screening barium enema if found by the Secretary to be an appropriate alternative to certain other tests; (5) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals for the purpose of identifying bone mass or detecting bone loss or determining bone quality. (Sec. 10102) Makes certain changes in existing benefits, such as increasing the frequency of coverage of screening pap smears for high risk women and waiving the deductible that applies to such exams. (Sec. 10105) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of the health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. (Sec. 10107) Extends the Influenza and Pneumococcal Vaccination Campaign carried out by the Health Care Financing Administration (HCFA) in conjunction with the Centers for Disease Control and Prevention and the National Coalition for Adult Immunization. Authorizes appropriations. (Sec. 10108) Directs the Secretary to request the National Academy of Sciences, in conjunction with the United States Preventive Services Task Force, to analyze and report to the Congress on the expansion or modification of preventive benefits provided to Medicare beneficiaries. Provides for funding for such analysis. Subtitle C: Rural Initiatives - Replaces the Essential Access Community Hospital (EACH) Program with an optional Medicare Rural Primary Care Hospital Program under which a State may designate one or more facilities as a rural primary care hospital in accordance with prescribed criteria while continuing payment to previously designated EACH's and rural primary care hospitals. Provides for payment under such new program on a reasonable cost basis. Lengthens the maximum period of permitted inpatient rural primary care hospital stay. (Sec. 10202) Amends SSA title XVIII to prohibit denial, on the basis of wage comparisons, of a rural referral center's request for reclassification. Provides that any hospital classified as a rural referral center for FY 1991 shall be classified as such for FY 1998 and each subsequent fiscal year. (Sec. 10203) Amends SSA title XVIII to permit hospital geographic reclassification for purposes of DSH payment adjustments. (Sec. 10204) Makes certain changes with regard to Medicare- dependent, small rural hospitals, including an extension of the current payment methodology. (Sec. 10205) Directs the Secretary of Health and Human Services to publish and use alternative guidelines under which specified disproportionately large hospitals qualify for geographic reclassification for a fiscal year beginning with fiscal year 1998. (Sec. 10206) Sets the floor on the area wage index applicable to hospitals not located in a rural area for discharges occurring on or after October 1, 1997, for purposes of adjusting DRG prospective payment rates for different area wage levels. Directs the Secretary to adjust the area wage indices for certain hospitals to assure that aggregate payments in a fiscal year for the operating costs of inpatient hospital services are not greater or less than those which would have been made in the year if this requirement did not apply. (Sec. 10207) Directs the Secretary to provide for a four-year demonstration project to use eligible health care provider telemedicine networks to apply high-capacity computing and advanced networks to improve primary care and prevent health care complications to Medicare beneficiaries with diabetes mellitus who are residents of medically underserved rural or inner-city areas. Provides funding. Subtitle D: Anti-Fraud and Abuse Provisions - Revises requirements for mandatory exclusion of certain individuals and entities from participating in Medicare and State health programs. Mandates an ten-year exclusion of any individual for a second health care related conviction, and permanent exclusion for a third health care related conviction. (Sec. 10302) Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 10303) Requires the annual explanation of Medicare benefits provided to Medicare beneficiaries to include a toll-free telephone number to report Medicare waste, fraud, and abuse. (Sec. 10304) Makes Medicare carriers and fiscal intermediaries liable for reimbursing the Secretary for amounts paid to excluded providers. Makes State agencies liable for reimbursing the Secretary for amounts paid to excluded providers under the Medicaid program. (Sec. 10305) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 10306) Provides for the imposition of civil monetary penalties for: (1) any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program; and (2) any person that presents or causes to be presented to any State or Federal agency a claim for a medical or other item or service ordered or prescribed by an excluded person and the person furnishing such item or service knows or should have known of such exclusion. (Sec. 10307) Outlines various specified requirements regarding disclosure of information, surety bonds, and advisory opinions regarding certain physician self-referral provisions. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORF's) and to rehabilitation agencies. (Sec. 10308) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to the Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 10309) Amends SSA title XVIII to direct the Secretary to issue written, binding advisory opinions concerning whether a referral relating to designated health services (other than clinical laboratory services) is prohibited. Subtitle E: Prospective Payment Systems - Chapter 1: Payment Under Part A - Establishes a prospective payment system (PPS) under Medicare for skilled nursing facility (SNF) services and for inpatient rehabilitation hospital services. Provides for consolidated billing of covered SNF services. Requires payment to a SNF of claims for all Medicare part B SNF items and services, identified by code under a uniform coding system specified by the Secretary. Directs the Secretary to establish a thorough medical review process to examine the effects of this Act on the quality of covered SNF services furnished to Medicare beneficiaries. Chapter 2: Payment Under Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 10412) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 10413) Directs the Secretary to establish a PPS for hospital outpatient department services. (Sec. 10421) Establishes payment rates for outpatient therapy services, with certain co-payments imposed for services furnished after 1998. (Sec. 10422) Provides for: (1) payment of CORF services based on fee schedule amounts; (2) certain interim reductions in payments for ambulance services; and (3) establishment of a prospective fee schedule by the Secretary for payment of such services. (Sec. 10431) Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. (Sec. 10432) Sets out the framework for demonstration projects for coverage of ambulance services under Medicare through contracts with counties or parishes. Chapter 3: Payment Under Parts A and B - Directs the Secretary to establish a PPS for home health services. Eliminates periodic interim payments for home health agencies. Subtitle F: Provisions Relating to Part A - Chapter 1: Payment of PPS Hospitals - Revises requirements for PPS hospital payment updates and capital payments for PPS hospitals. (Sec. 10503) Amends SSA title XVIII to provide for a freeze in DSH payment adjustments for Medicare-dependent, small rural hospitals for FY 1998 and 1999. Directs the Secretary to propose to specified congressional committees a modification of the current qualifying criteria and payment methodology under which DSH's are paid. (Sec. 10504) Amends SSA title XVIII to modify requirements for the valuation of capital assets of a hospital or SNF after a change of ownership. Extends their applicability to the capital assets of service providers, instead of just hospitals or SNF's. (Sec. 10505) Revises requirements for payments to hospitals for inpatient hospital services to: (1) eliminate indirect medical education and DSH payments attributable to outlier payments; (2) provide for a reduction in adjustment for indirect medical education; (3) provide for the treatment of certain transfer cases; and (4) increase the base payment rate for Puerto Rico hospitals. Chapter 2: Payment of PPS Exempt Hospitals - Revises requirements for the payment of PPS exempt hospitals, including those for: (1) payment updates; (2) capital payments; (3) bonus and relief payments; (4) payment and target amount for new providers; (5) rebasing; and (6) treatment of certain long-term care hospitals. (Sec. 10518) Amends SSA title XVIII to eliminate any exemptions from the method for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances create a distortion in the increase in costs for a reporting period. Directs the Secretary to publish annually in the Federal Register a report on the total amount of payments to hospitals by reason of any exceptions or adjustments made to the method described above for cost reporting periods ending during the previous fiscal year. Chapter 3: Provisions Related to Hospice Services - Provides for a reduced payment update for hospice services for FY 1998 through 2002. Directs the Secretary to provide for the collection of hospice care program data with respect to the costs of care provided starting in FY 1999. Bases payment for home hospice care on the location where care is furnished. Revises the home hospice care benefit period. Provides for home hospice care coverage of any other items and services specified in a plan. Allows waiver of certain staffing requirements for hospice care programs in non-urbanized areas. Chapter 4: Modification of Part A Home Health Benefit - Provides for modification of the Medicare part A home health benefit for individuals enrolled under Medicare part B to include, for 1998 through 2002, home health services subject to a specified transition reduction and, afterwards, a new post-institutional home health services component for up to 100 visits during a home health spell of illness. Chapter 5: Other Payment Provisions - Requires reductions in Medicare payments for enrollee bad debt. (Sec. 10542) Repeals the termination date to make a permanent extension of the hemophilia passthrough. (Sec. 10543) Eliminates the Medicare part A premium for certain public retirees. Subtitle G: Provisions Relating to Part B Only - Chapter 1: Physicians' Services - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; and (5) phasing-in implementation of resource-based physician practice expense relative value units. (Sec. 10606) Directs the Secretary, for 1999 and 2001, to determine for each hospital: (1) the hospital-specific per discharge relative value according to prescribed guidelines (with a special rule for teaching hospitals); and (2) whether the hospital-specific relative value is projected to be excessive. Requires the Secretary to notify the medical executive committee of each hospital identified as having an excessive hospital-specific relative value of the determinations made with respect to the medical staff. (Sec. 10607) Provides that no x-ray is required for chiropractic services. (Sec. 10608) Provides that effective for electrocardiogram tests furnished during 1998, the Secretary shall restore separate payment under Medicare part B for the transportation of electrocardiogram equipment (HCPCS code R0076) based upon the status code and relative value units established for such service as of December 31, 1996. Directs the Secretary to determine, taking into account the study of coverage of portable electrocardiogram transportation conducted by the Comptroller General and other relevant information, whether coverage of portable electrocardiogram transportation should be provided under Medicare part B. Chapter 2: Other Payment Provisions - Provides for a reduction in DME payment amounts and for a payment freeze for parenteral and enteral nutrients, supplies, and equipment. Revises payment rates for oxygen and oxygen equipment, clinical diagnostic laboratory tests, ambulatory surgical services, and drugs and biologicals. (Sec. 10614) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory tests. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 10617) Provides for Medicare coverage of oral drugs prescribed for use as an acute anti-emetic used as part of an anticancer chemotherapeutic regimen under certain conditions. Sets forth special rules for the payment of such drugs. (Sec. 10618) Revises certain requirements with regard to rural health clinic services, including per-visit payment limits for provider-based clinics, assurance of quality services, and certain staffing and shortage area requirements. (Sec. 10619) Provides for increased Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. Repeals certain restrictions on settings applicable to them. (Sec. 10621) Directs the Secretary to: (1) audit a sample of cost reports of renal dialysis providers for 1995 and for each third year thereafter; and (2) develop and implement a method to measure and report quality of renal dialysis services provided under Medicare in order to reduce payments for inappropriate or low quality care. Chapter 3: Part B Premium - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Provisions Relating to Medicare Secondary Payer - Revises requirements for Medicare as secondary payer. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Limits beneficiary liability for items and services for which Medicare benefits are incorrectly paid. Chapter 2: Home Health Services - Provides that, in establishing payment limits for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996. (Sec. 10712) Revises requirements for interim payments for home health services. Directs the Secretary to expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service. (Sec. 10714) Directs the Secretary to study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 10715) Bases the payment for home health services on the location where the service is furnished. (Sec. 10716) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 10717) Provides that no home health benefits are based solely on drawing blood. Chapter 3: Baby Boom Generation Medicare Commission - Establishes the Bipartisan Commission on the Effect of the Baby Boom Generation on the Medicare Program to: (1) examine the financial impact on the Medicare program of the significant increase in the number of Medicare-eligible individuals which will occur beginning approximately during 2010 and lasting for approximately 25 years; and (2) make specific recommendations to the Congress respecting a comprehensive approach to preserve the Medicare program for the period during which such individuals are eligible for Medicare. Requires the Commission also to study the feasibility and desirability of establishing: (1) an independent commission on Medicare to make recommendations annually on how best to match the structure of the Medicare program to available funding for the program; (2) an expedited process for congressional consideration of such recommendations; and (3) a default mechanism to enforce congressional spending targets for the program if the Congress fails to approve such recommendations. Directs the Commission to report to the Congress its findings and recommendations regarding how to protect and preserve the Medicare program in a financially solvent manner until 2030 (or, if later, throughout the period of projected solvency of the Federal Old-Age and Survivors Insurance Trust Fund). Requires the report to include detailed recommendations for appropriate legislative initiatives on how to accomplish this objective. Authorizes appropriations. Chapter 4: Provisions Relating to Direct Graduate Medical Education - Sets out provisions relating to direct graduate medical education, including: (1) placing a limitation on the number of residents for cost reporting periods beginning after FY 1998; (2) phasing-in a limitation on hospital overhead and supervisory physician component of direct medical education costs; (3) permitting payment to non-hospital providers; and (4) providing incentive payments under plans for voluntary reduction in the number of residents. (Sec. 10735) Directs the Secretary to establish a demonstration project under which the Secretary shall make payments to specified qualifying consortia instead of teaching hospitals. (Sec. 10736) Requires the Medicare Payment Advisory Commission to examine and develop recommendations for the Congress on whether and to what extent Medicare payment policies and other Federal policies regarding teaching hospitals and graduate medical education should be reformed. (Sec. 10737) Provides a special Medicare reimbursement rule for certain combined residency programs. Chapter 5: Other Provisions - Amends SSA title XVIII to direct the Secretary to use a competitive process to contract with specific hospitals or other entities meeting certain quality standards (centers for excellence) for furnishing services related to surgical procedures as well as other services (unrelated to surgical procedures) to hospital inpatients. (Sec. 10742) Establishes a Medicare part B and Medigap special enrollment period for certain military retirees and dependents during which they may enroll without being subject to a Medicare part B late enrollment penalty. (Sec. 10743) Establishes a Medicare part B special late penalty- free enrollment period for certain disabled workers whose continuous enrollment under a group health plan is involuntarily terminated. (Sec. 10744) Requires that any advance directive is placed in a prominent part of an individual's current medical record. Subtitle I: Medical Liability Reform - Chapter 1: General Provisions - Sets forth definitions, limitations, preemption mandates, and specified exclusions relating to health care liability actions brought in any State or Federal court. Chapter 2: Uniform Standards for Health Care Liability Actions - Establishes certain uniform standards for such health care liability actions that include: (1) a general statute of limitations of two years after the date on which the claimant discovered or should have discovered the alleged injury that is the subject of the action; (2) a $250,000 limitation on noneconomic damages; and (3) standards for the awarding of punitive damages (clear and convincing evidence of specific intent to cause harm or conscious, flagrant indifference to the rights and safety of others). (Sec. 10813) Declares that any alternative dispute resolution system (ADR) used to resolve a health care liability action or claim shall contain provisions relating to such statute of limitations, non- economic damages, punitive damages, and other specified matters which are identical to the relevant provisions of this subtitle.
Bill· HRH.R. 2024 (105th)referred
United States · United States Congress · 24 June 1997
Amends the National Kiwifruit Research, Promotion, and Consumer Information Act to provide for proportional representation of kiwifruit producers, exporters, and importers on the National Kiwifruit Board. Provides for periodic membership adjustment based upon domestic production and import and export levels.
Bill· HRH.R. 2030 (105th)referred
United States · United States Congress · 24 June 1997
Directs the Secretaries of Agriculture and Health and Human Services to approve certain Wisconsin waiver requests to permit nongovernmental employees to conduct certification interviews and certify eligibility for the food stamp and medical assistance programs.
Bill· SS. 947 (105th)open
United States · United States Congress · 20 June 1997
TABLE OF CONTENTS: Title I: Committee on Agriculture, Nutrition, and Forestry Title II: Committee on Banking, Housing, and Urban Affairs Subtitle A: Mortgage Assignment and Annual Adjustment Factors Subtitle B: Multifamily Housing Reform Title III: Committee on Commerce Science and Transportation Subtitle A: Spectrum Auctions and License Fees Subtitle B: Merchant Marine Provisions Title IV: Committee on Energy and Natural Resources Title V: Committee on Finance Division 1: Medicare Subtitle A: Medicare Choice Program Subtitle B: Prevention Initiatives Subtitle C: Rural Initiatives Subtitle D: Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Subtitle E: Prospective Payment Systems Subtitle F: Provisions Relating to Part A Subtitle G: Provisions Relating to Part B Only Subtitle H: Provisions Relating to Parts A and B Division 2: Medicaid and Childrens' Health Insurance Initiatives Subtitle I: Medicaid Subtitle J: Children's Health Insurance Initiatives Division 3: Income Security and Other Provisions Subtitle K: Income Security, Welfare-to-Work Grant Program, and Other Provisions Division 4: Earned Income Credit and Other Provisions Subtitle L: Earned Income Credit and Other Provisions Subtitle M: Welfare Reform Technical Corrections Title VI: Committee on Governmental Affairs Subtitle A: Civil Service and Postal Provisions Subtitle B: GSA Property Sales Title VII: Committee on Labor and Human Resources Title VIII: Committee on Veterans' Affairs Subtitle A: Extension of Temporary Authorities Subtitle B: Copayments and Medical Care Cost Recovery Subtitle C: Other Matters Title I: Committee on Agriculture, Nutrition, and Forestry - Amends the Food Stamp Act to permit State agencies to provide a specified hardship exemption from the food stamp program (program) work requirement for certain individuals. (Sec. 1002) Obligates specified additional funds for program employment and training programs. Sets forth State allocation and additional payment provisions. Title II: Committee on Banking, Housing, and Urban Affairs - Subtitle A: Mortgage Assignment and Annual Adjustment Factors - Amends the Balanced Budget Downpayment Act, I to extend permanently certain foreclosure avoidance and borrower assistance provisions under the single family housing mortgage insurance program. (Sec. 2003) Amends the United States Housing Act of 1937 with respect to the section 8 rental assistance program to make certain maximum monthly rent adjustment provisions for certain new and rehabilitated and nonturnover units applicable to FY 1999 and thereafter. Subtitle B: Multifamily Housing Reform - Multifamily Assisted Housing Reform and Affordability Act of 1997 - Part 1: FHA-Insured Multifamily Housing Mortgage and Housing Assistance Restructuring - Directs the Secretary (Secretary) of Housing and Urban Development to enter into agreements with participating administrative entities (with preference given to State housing finance agencies) to develop and implement mortgage restructuring and rental assistance plans for FHA-insured multifamily housing mortgages in order to: (1) reduce expiring section 8 contracts costs; (2) address troubled projects; and (3) correct management and ownership deficiencies. Includes two-tiered mortgage restructuring among plan incentives. Terminates program authority as of October 1, 2001. Part 2: Miscellaneous Provisions - Amends the National Housing Act to authorize the Secretary to make rehabilitation grants for certain insured projects. (Sec. 2203) Repeals specified Federal housing preference provisions under the United States Housing Act of 1937, the Cranston-Gonzalez National Affordable Housing Act, the Housing and Urban Development Act of 1965, the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and the Housing and Community Development Act of 1992. Part 3: Enforcement Provisions - Directs the Secretary to issue implementing regulations. Subpart A: FHA Single Family and Multifamily Housing - Amends the National Housing Act to expand HUD authorities with respect to: (1) lender sanctions; (2) equity skimming; and (3) civil money penalties. Subpart B: FHA Multifamily Provisions - Amends the National Housing Act and the Housing Act of 1937 to expand multifamily housing-related civil money penalties. (Sec. 2322) Amends the Housing and Community Development Act of 1987 to extend the double damages remedy. Title III: Committee on Commerce Science and Transportation - Subtitle A: Spectrum Auctions and License Fees - Amends the Communications Act of 1934 (the Act) to revise provisions regarding competitive bidding for use of the electromagnetic spectrum to authorize the Federal Communications Commission (FCC) to: (1) use auctions as a means to assign spectrum; and (2) grant licenses or construction permits for spectrum assignment by competitive bidding at a later date than currently required (by the end of FY 1998) if certain requirements are met and the bidding is conducted in time for assignment by the end of FY 2002. Makes competitive bidding authority inapplicable to licenses or construction permits issued for: (1) public safety services; (2) public telecommunications services when the license application is for channels reserved for noncommercial use; (3) spectrum and associated orbits used within global satellite systems; (4) new digital television (TV) service given to existing terrestrial broadcast licensees to replace current licenses; (5) terrestrial radio and TV broadcasting when the FCC determines that an alternative method of resolving mutually exclusive applications serves the public interest better than competitive bidding; or (6) spectrum allocated for specified unlicensed use if competitive bidding would interfere with operation of end-user products. Extends competitive bidding authority through FY 2007. Requires the FCC, by the end of 2001, to assign by competitive bidding 45 megahertz (mhz.) located at 1,710-1,755 mhz. for commercial use. Provides that Federal Government stations assigned to use such band shall retain use until the end of 2003 unless exempted from relocation. Directs the FCC, by the end of FY 2002, to permit the assignment by competitive bidding of licenses for the use of currently allocated bands of frequencies that: (1) in the aggregate span not less than 100 mhz.; (2) are located below ten gigahertz (ghz.), of which no less than 40 mhz. shall be located below three ghz.; and (3) have not been designated for assignment, identified by the Secretary of Commerce as reallocable frequencies pursuant to the National Telecommunications and Information Administration Organization Act, or allocated for Federal Government use. Requires the FCC to: (1) report to the President and specified congressional committees on recommendations for reallocation through competitive bidding and plans for relocation of displaced users; and (2) attempt to accommodate displaced licensees by relocating them to other frequencies and notify the Secretary whenever unable to provide for effective relocation. Amends the National Telecommunications and Information Administration Organization Act to require the Secretary of Commerce to make specified recommendations, upon receiving a report from the FCC on inability to accommodate displaced licensees, for purposes of reassigning such licensees to frequencies allocated for Government use. Sets forth requirements regarding: (1) the reimbursement of Federal spectrum users for relocation costs; (2) petitions by persons seeking to relocate Federal stations; and (3) Federal rights to reclaim reallocated spectrum. Directs the Secretary to make available for reallocation from Federal frequencies 20 mhz. located below three ghz. (Sec. 3002) Amends the Act to prohibit, under competitive bidding provisions, the renewal of a license authorizing analog TV services beyond the end of 2006. Extends or waives this deadline for a station in any TV market unless 95 percent of the TV households have access to digital local TV signals. Provides that commercial digital TV licenses shall expire at the end of FY 2003. Directs the FCC to report biennially to the Congress on the status of digital TV conversion in each TV market. Sets forth requirements with respect to the resale of, and competitive bidding for, spectrum previously used for the broadcast of analog TV. Directs the FCC to report the total revenues from such bidding by January 1, 2002. Requires the FCC to encourage broadcasters to transmit programming in digital format in the 30 largest markets by November 1, 1999. (Sec. 3003) Directs the FCC, no later than January 1, 1998, to allocate from the electromagnetic spectrum between 746 and 806 mhz.: (1) 24 mhz. for public safety services; and (2) 36 mhz. for commercial purposes to be assigned by competitive bidding. (Sec. 3005) Requires the FCC, within six months after enactment of the Balanced Budget Act of 1997, to: (1) implement a system of spectrum lease fees applicable to newly allocated frequency bands assigned to systems in private wireless service; (2) provide incentives for licensees to confine their radio communications to the area of operation actually required for that communication; and (3) permit FCC-certified private land mobile frequency advisory committees to assist in the computation, assessment, collection, and processing of amounts received under the system of spectrum lease fees. Provides for: (1) a formula to be used by private wireless licensees and committees to compute spectrum lease fees; and (2) lease fees based on the approximate value of the assigned frequencies to licensees (with a fee cap). Directs the FCC to allocate for use under its spectrum lease fee program not less than 12 mhz. of electromagnetic spectrum, previously unallocated to private wireless, located between 150 and 1000 mhz. on a nationwide basis. Establishes in the Treasury an account for the spectrum license fees generated under this Act. Subtitle B: Merchant Marine Provisions - Extends through FY 2002 the current tonnage duties imposed upon foreign vessels entering into U.S. ports. Title IV: Committee on Energy and Natural Resources - Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy to store foreign-owned petroleum products in underutilized Strategic Petroleum Reserve (SPR) facilities, subject to the following conditions: (1) funds resulting from the leasing or other use of an SPR facility after October 1, 2002, shall be available to the Secretary, without further appropriation, for SPR petroleum product purchases; (2) such stored petroleum product is neither part of the SPR, nor subject to the contracting requirements governing petroleum product not owned by the United States; and (3) such product may be exported. Title V: Committee on Finance - Division 1: Medicare - Subtitle A: Medicare Choice Program - Chapter 1: Medicare Choice Program - Amends title XVIII (Medicare) of the Social Security Act (SSA) to establish a Medicare Choice program under which each Medicare Choice eligible individual (one entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Supplementary Medical Insurance)) is entitled to elect, in accordance with certain procedures, to receive Medicare benefits either through the traditional Medicare fee-for-service program or through a Medicare Choice plan. (Sec. 5001) Outlines the types of Medicare Choice plans that may be available, including: (1) fee-for-service plans; (2) plans offered by preferred provider organizations; (3) point of service plans; (4) plans offered by provider-sponsored organizations; (5) plans offered by health maintenance organizations; and (6) a combination of MSA (Medicare Choice savings account) plan and contributions to Medicare Choice MSA. Sets forth various special rules regarding, among other things, residence, individuals with end-stage renal disease, and individuals covered under the Federal Employees Health Benefits Program or eligible for veterans or military health benefits. Directs the Secretary of Health and Human Services (HHS) to provide for broad dissemination of coverage option and comparison information to Medicare beneficiaries and prospective Medicare beneficiaries. Directs the Secretary to maintain a toll-free number for inquiries about Medicare Choice options and program operation, as well as an Internet site through which individuals may obtain such information electronically. Requires any Medicare Choice organization to accept without restrictions individuals eligible to make an election at any time during which such elections are accepted. Requires the approval of Medicare Choice marketing material and application forms before they are distributed. Outlines benefits and beneficiary protections. Requires each Medicare Choice plan (except MSA plans) to provide those items and services for which benefits are available under Medicare parts A and B and specified additional benefits, as well, at its option, as certain supplemental benefits, subject to the Secretary's approval. Prohibits a Medicare Choice organization from denying, limiting, or conditioning coverage or benefits based on any described health status-related factor. Prescribes plan disclosure requirements and an ongoing quality assurance program. Outlines a mechanism for grievances and appeals. Directs the Secretary to make monthly advance payments with respect to an individual's coverage to Medicare Choice organizations according to a specified formula. Requires the Secretary to establish separate payment rates for individuals with end-stage renal disease. Directs the Secretary and the Medicare Payment Advisory Commission to each study and report to the Congress on appropriate measures for adjusting the annual Medicare Choice capitation rates to reflect local price indicators. Sets forth special rules for individuals electing MSA plans. Requires such an individual to establish a Medicare Choice MSA into which the Secretary shall make monthly deposits out of the Medicare trust funds in accordance with prescribed guidelines. Details rules for the submission and charging of premiums by each Medicare Choice organization. Sets limitations on enrollee cost-sharing for basic, additional, and supplemental benefits, except for MSA plans and unrestricted fee-for-service plans. Requires the Secretary to audit each year the financial records of at least third of the Medicare Choice organizations offering Medicare Choice plans. Prohibits a State from imposing a premium tax or similar tax with respect to payments on Medicare Choice plans or the offering of such plans. Sets out organizational and financial requirements for Medicare Choice organizations and provider-sponsored organizations. Directs the Secretary to establish solvency and capital adequacy standards for provider-sponsored organizations, and other standards for Medicare Choice organizations. Prescribes requirements, including minimum enrollment requirements, for contracts between the Secretary and Medicare Choice organizations. Provides for: (1) intermediate sanctions and civil monetary penalties to enforce contract provisions; and (2) procedures for termination of contracts. (Sec. 5002) Details transitional rules for the current Medicare health maintenance organization (HMO) program, as well as specified conforming changes in the Medicare supplemental health insurance policy (Medigap) program. (Sec. 5006) Amends the Internal Revenue Code to outline special rules for Medicare Choice MSAs. Excludes from gross income any payment by the Secretary to an individual's Medicare Choice MSA. Excludes from qualified deductible medical expenses any amounts paid for the medical care of any individual but the account holder. Prescribes a penalty for distributions from the Medicare Choice MSA not used for qualified medical expenses if the minimum balance is not maintained, with certain exceptions if the account holder becomes disabled or dies. Chapter 2: Integrated Long-Term Care Programs - Amends SSA title XVIII to provide for programs of all-inclusive care for the elderly (PACE programs) for individuals age 55 or older who require the level of care required under the State Medicaid plan for coverage of nursing facility services. Specifies benefit and payment requirements. Limits PACE provider eligibility to public and private non-profit entities; but requires the Secretary to waive such limitations to demonstrate the operation of a PACE program by a private, for-profit entity. (Sec. 5013) Directs the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under Medicare and Medicaid, specifically comparing the costs, quality, and access to services by private, for-profit entities under the demonstration projects with the costs, quality, and access to services of other PACE providers. (Sec. 5015) Amends the Omnibus Budget Reconciliation Act of 1987 to extend the authorities for the social health maintenance organization (SHMO) demonstration project. Amends the Omnibus Budget Reconciliation Act of 1993 to increase the cap on the number of individuals who may participate in a SHMO demonstration. Directs the Secretary to submit to the Congress a plan for the integration of SHMO health plans and similar plans as an option under the Medicare Choice program. (Sec. 5018) Extends for an additional two years certain Medicare community nursing organization demonstration projects under the Omnibus Budget Reconciliation Act of 1987. Chapter 3: Commissions - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through the year 2030; and (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits under such program, including the extent to which current Medicare update indexes do not accurately reflect inflation. Requires the Commission to make recommendations: (1) to restore the solvency of the Federal Hospital Insurance Trust Fund and the financial integrity of the Federal Supplementary Medical Insurance Trust Fund through the year 2030; and (2) to establish the appropriate financial structure of the Medicare program as a whole and the appropriate balance of benefits covered and beneficiary contributions. Requires recommendations on: (1) the financing of graduate medical education; (2) the feasibility of allowing individuals between age 62 and the Medicare eligibility age to buy into the Medicare program; and (3) the impact of chronic disease and disability trends on future costs and quality of services under the current benefit, financing, and delivery system structure of the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations. (Sec. 5022) Establishes the Medicare Payment Advisory Commission to replace the Prospective Payment Assessment Commission and the Physician Payment Review Commission, hereby abolished. Requires the new Commission to review and make recommendations to the Congress about payment policies under Medicare (including certain specific payment-related topics). Authorizes appropriations. Chapter 4: Medigap Protections - Amends SSA title XVIII with respect to the issuer of a Medicare supplemental (Medigap) policy in the case of certain individuals terminated by an employee welfare benefit plan providing supplementary health benefits who seek to enroll under a Medigap policy not later than 63 days after termination or disenrollment. Prohibits the Medigap issuer from: (1) denying or conditioning the issuance or effectiveness of such a policy; (2) discriminating in the pricing of such policy because of health status, claims experience, receipt of health care, or medical condition; or (3) imposing an exclusion of benefits based on a pre-existing condition. (Sec. 5031) Specifies limitations on the imposition of preexisting condition exclusions during the initial open enrollment period in the case of a Medicare supplemental policy issued to an individual who is age 65 or older with a certain minimum period of creditable coverage. Provides for extending the six-month initial enrollment period under the Medicare supplemental policy program to non-elderly Medicare beneficiaries. (Sec. 5032) Creates under the Medicare supplemental policy program a high deductible feature which requires the policy beneficiary to pay annual out-of-pocket expenses (other than premiums) of $1,500 before the policy begins payment of benefits. Chapter 5: Demonstrations - Directs the Secretary to conduct demonstration projects in ten urban areas where less than 25 percent of the Medicare beneficiaries are enrolled with an eligible HMO, as well as three rural areas, which are to be treated as Medicare Choice payment areas. Requires such projects to: (1) apply a pricing methodology for payments to Medicare Choice organizations using a specified competitive market approach; (2) apply a benefit structure and beneficiary premium structure specified in this chapter; and (3) evaluate the effects of the methodology and structures on Medicare fee-for-service spending under Medicare parts A and B in the project area. Requires the Secretary to report on the project to the President, and the President to report to the Congress any legislative recommendations for extending the project to the entire Medicare population. (Sec. 5042) Provides that, in the case of a Medicare Choice payment area in which such a project is being conducted, the annual Medicare Choice capitation rate shall be the standardized payment amount determined according to prescribed guidelines rather than the amount determined under the Medicare Choice program. Establishes within HHS the Office of Competition to administer Medicare Choice competitive pricing demonstrations. (Sec. 5043) Outlines benefits and beneficiary premiums under Medicare Choice competitive pricing demonstrations, which include, respectively, those items and services traditionally covered under Medicare plus prescription drugs as well as any optional supplemental benefits the demonstration plan offers, and certain cost-sharing obligations. (Sec. 5045) Directs the Secretary to implement a time-limited demonstration project for the purpose of evaluating the use of a third-party contractor to conduct the Medicare Choice plan enrollment and disenrollment functions in an area. (Sec. 5046) Directs the Secretary to conduct demonstration projects in a certain number of rural and urban areas for the purpose of evaluating methods, such as case management and other models of coordinated care, that improve the quality of items and services provided to target individuals, and reduce Medicare expenditures for such items and services. Defines target individual as an individual with a chronic illness who is enrolled under the Medicare parts A and B fee-for-service program. Provides for project funding. (Sec. 5047) Authorizes the HHS Secretary and the Secretary of Veterans Affairs to establish a demonstration project under which the HHS Secretary shall reimburse the Secretary of Veterans Affairs from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible veterans. Directs the Secretaries to try to include in the demonstration at least one medical center that is in the same catchment area as a closed military medical facility. Authorizes the HHS Secretary and the Secretary of Veterans Affairs to establish a similar demonstration (subvention) project under which the HHS Secretary shall reimburse the Secretary of Veterans Affairs from the Medicare trust funds for Medicare health care services furnished to certain targeted Medicare-eligible military retirees or dependents. Directs the Secretary of Defense to waive the enrollment fee for any Medicare-eligible military retiree or dependent enrolled in the managed care option of the TRICARE program for any period for which reimbursement is made under such a demonstration project with respect to such retiree or dependent. Chapter 6: Tax Treatment of Hospitals Participating in Provider-Sponsored Organizations - Amends the Internal Revenue Code to provide that an organization shall not fail to be treated as a tax-exempt charitable organization solely because a hospital which it owns and operates also participates in a provider-sponsored organization, whether or not the provider-sponsored organization is exempt from tax. Provides that for any person with a material financial interest in such a provider-sponsored organization shall be treated as a private shareholder or individual with respect to the hospital. Subtitle B: Prevention Initiatives - Outlines various specified new preventive health measures covered under Medicare, namely coverage for: (1) annual screening mammography for women over age 39, while providing for the waiver of coinsurance for screening mammography; (2) colorectal cancer screening tests, subject to prescribed frequency and payment limits; (3) diabetes outpatient self-management training services, including blood-testing strips (with a ten percent payment reduction after 1997) and glucose monitors as durable medical equipment (DME) for individuals with diabetes; and (4) bone mass measurements for qualified individuals. (Sec. 5103) Directs the Secretary to establish outcome measures, including glysolated hemoglobin (past 90-day average blood sugar levels), for the purpose of evaluating the improvement of health status of Medicare beneficiaries with diabetes mellitus, with a view to recommending coverage modifications. Subtitle C: Rural Initiatives - Revises the formula for payments to sole community hospitals, in order to increase a hospital's target amount, by replacing the base cost reporting period with: (1) a hospital's cost reporting period for FY 1997; and (2) allowable operating costs of inpatient hospital services for subsequent fiscal years. Extends the target amount for Medicare- dependent, small rural hospitals. (Sec. 5153) Replaces the Essential Access Community Hospital Program with an optional Medicare Rural Hospital Flexibility Program under which participating States shall develop at least one rural health network in the State and at least one facility that shall be designated as a critical access hospital in accordance with prescribed guidelines. Authorizes the Secretary to award grants to States: (1) for the planning and implementation of the program; and (2) for establishment or expansion of rural emergency medical services. Authorizes appropriations. Directs the Administrator of the Health Care Financing Administration to report to the Congress on the feasibility of, and administrative requirements necessary to establish, an alternative for certain medical diagnoses to the current 96-hour limitation for inpatient care in critical access hospitals. (Sec. 5154) Amends SSA title XVIII to prohibit denial, on the basis of wage comparisons, of a rural referral center's request for reclassification. Provides that any hospital classified as a rural referral center for FY 1991 shall be classified as such for FY 1998 and each subsequent fiscal year. (Sec. 5155) Amends requirements for rural health clinic services with respect to: (1) per-visit payment limits for provider-based clinics; (2) mandatory quality assessment and performance improvement programs; (3) limitation of waivers of certain staffing requirements to clinics participating in the rural health clinic program; (4) the insufficiency of needed health care practitioners in shortage areas; and (5) regulations providing for payment for certain physician assistant services. (Sec. 5156) Directs the Secretary to make payments from the Federal Supplementary Medical Insurance Trust Fund under Medicare part B in accordance with a specified payment methodology for professional consultation via telecommunications systems with a health care provider furnishing a service for which payment may be made to a Medicare beneficiary residing in a rural health professional shortage area, notwithstanding that the individual health care provider providing the professional consultation is not at the same location as the health care provider furnishing the service to that beneficiary. Directs the Secretary to report to the Congress: (1) a detailed analysis of telemedicine and telehealth (T&T) services; and (2) an examination of the possibility of making similar payments for professional consultation via telecommunications systems to Medicare beneficiaries who do not reside in a rural health professional shortage area, are homebound or nursing homebound, and for whom being transferred for health care services imposes a serious hardship. (Sec. 5157) Directs the Secretary to conduct a demonstration project to study the use of eligible health care provider telemedicine networks to implement high-capacity computing and advanced networks to improve primary care and prevent health care complications, improve access to specialty care, and provide educational and training support to rural practitioners. Provides limited funding. Subtitle D: Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity - Chapter 1: Revisions to Sanctions for Fraud and Abuse - Authorizes the Secretary to refuse to enter into Medicare agreements with individuals or entities convicted of felonies for offenses determined inconsistent with the best interests of program beneficiaries. (Sec. 5202) Authorizes the Secretary to exclude from the Medicare program any entity with respect to which a sanctioned person with an ownership or control interest in it transfers such interest in anticipation of (or following) a conviction, assessment, or exclusion against the person, to an immediate family member or member of the household who continues to maintain such an interest. (Sec. 5203) Provides for the imposition of civil monetary penalties for: (1) any person who arranges or contracts with an individual or entity that the person knows or should know is excluded from participation in a Federal health care program; (2) any person that presents or causes to be presented to any State or Federal agency a claim for a medical or other item or service ordered or prescribed by an excluded person and the person furnishing such item or service knows or should have known of such exclusion; and (3) kickbacks. Chapter 2: Improvements in Protecting Program Integrity - Outlines various specified requirements regarding disclosure of information, surety bonds, and accreditation with regard to DME suppliers. Includes surety bond requirements for home health agencies, and provides for the application of disclosure and surety bond requirements to ambulance services and certain clinics. Applies surety bond requirements to comprehensive outpatient rehabilitation facilities (CORFs) and to rehabilitation agencies. (Sec. 5212) Requires any participating entity to disclose to the Secretary its own employer identification numbers and social security account numbers, as well as those of persons with ownership or control interests and subcontractors in which the entity has a five percent or greater interest. Directs the Secretary to report to Congress on the steps taken to assure the confidentiality of such social security account numbers. (Sec. 5213) Amends SSA title XI part A (General Provisions) to provide that: (1) Medicare- and Medicaid-related actions against debtors are generally not stayed by bankruptcy proceedings; (2) certain Medicare- and Medicaid-related debts are not dischargeable in bankruptcy; and (3) the repayment of certain debts is considered final. (Sec. 5214) Amends SSA title XVIII to: (1) replace the reasonable charge payment methodology with fee schedules developed by the Secretary for particular services; (2) provide for application of inherent reasonableness to charges for all Medicare part B services other than physicians' services; (3) require bills and requests for payment for services by non-physician practitioners to include diagnostic codes; (4) outline requirements to provide diagnostic information when ordering certain items or services furnished by another entity; (5) mandate establishment of competitive acquisition areas for contract award purposes for the furnishing under Medicare part B after 1997 of described items and services; and (6) prohibit payment under Medicare part A or part B for any expenses for an item or service furnished in a competitive acquisition area by an entity other than an entity with which the Secretary has contracted, except for urgent need, or in other circumstances specified by the Secretary. Chapter 3: Clarifications and Technical Changes - Makes technical amendments with respect to fraud and abuse. Subtitle E: Prospective Payment Systems - Chapter 1: Provisions Relating to Part A - Provides for a prospective payment system (PPS) under Medicare for inpatient rehabilitation hospital services. (Sec. 5302) Directs the Secretary to submit to the Congress a legislative proposal for establishing a case-mix adjusted PPS for long-term care hospitals. Chapter 2: Provisions Relating to Part B - Eliminates formula-driven overpayments for certain outpatient hospital services. (Sec. 5312) Extends the current reductions in payments for capital-related and other costs of hospital outpatient services. (Sec. 5313) Directs the Secretary to establish a PPS for hospital outpatient department services. (Sec. 5321) Provides for certain interim reductions in payments for ambulance services. Directs the Secretary to establish a prospective fee schedule for payment of such services. Provides that in promulgating regulations to carry out certain provisions with respect to the coverage of ambulance service, the Secretary may include coverage of advanced life support services provided by a paramedic intercept service provider (ALS intercept services) in a rural area if specified conditions are met. Chapter 3: Provisions Relating to Parts A and B - Declares that updates to per diem limits, with respect to payments to skilled nursing facilities (SNFs), effective for FY 1998, shall be based on cost limits effective for FY 1997. (Sec. 5332) Mandates a PPS for SNF services along with consolidated billing for them. Directs the Secretary, in order to ensure that Medicare beneficiaries are furnished appropriate SNF services, to establish a thorough medical review process to examine the provisions of this chapter and their effect on the quality of covered SNF services furnished to Medicare beneficiaries. (Sec. 5341) Provides that, in establishing payment limits for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996. (Sec. 5342) Revises requirements for interim payments for home health services. Directs the Secretary to expand research on a PPS for home health agencies under the Medicare program that ties prospective payments to a unit of service. (Sec. 5343) Directs the Secretary to establish a PPS for home health services for cost reporting periods beginning in FY 2000. (Sec. 5344) Bases the payment for home health services on the location where the service is furnished. (Sec. 5361) Provides for a modification of the Medicare part A home health benefit for individuals enrolled under Medicare part B. Provides for specified post-institutional home health services. (Sec. 5362) Imposes a $5 co-payment for Medicare part B home health services. (Sec. 5364) Directs the Secretary to study and report to the Congress on the criteria that should be applied in determining whether an individual is homebound for purposes of qualifying for Medicare home health services. (Sec. 5365) Provides for the denial of home health claims based on home health services the frequency and duration of which are in excess of normative guidelines established by the Secretary. (Sec. 5366) Requires each explanation of Medicare part B benefits provided in conjunction with the payment of claims to include the total cost of home health services for which the agency or provider billed. Subtitle F: Provisions Relating to Part A - Chapter 1: Payment of PPS Hospitals - Revises requirements for PPS hospital payment updates and capital payments for PPS hospitals. Chapter 2: Payment of PPS Exempt Hospitals - Revises requirements for the payment of PPS exempt hospitals, including those for: (1) payment updates; (2) capital payments; (3) bonus and relief payments; (4) target amounts for rehabilitation hospitals, long-term care hospitals, and psychiatric hospitals; (5) treatment of certain long-term care hospitals located within other hospitals; and (6) certain cancer hospitals. (Sec. 5427) Amends SSA title XVIII to eliminate any exemptions from the method for determining the amount of payment to a hospital where events beyond the hospital's control or extraordinary circumstances create a distortion in the increase in costs for a reporting period. Directs the Secretary to publish annually in the Federal Register a report on the total amount of payments to hospitals by reason of any exceptions or adjustments made to the method described above for cost reporting periods ending during the previous fiscal year. Chapter 3: Graduate Medical Education Payments - Revises requirements for direct and indirect Medicare payments for graduate medical education (GME). Limits the number of residents in allopathic and osteopathic medicine. Permits payment to qualified nonhospital providers for direct GME costs. Prohibits restandardization of certain indirect GME payment amounts. Requires the Secretary to provide for direct and indirect GME payments to hospitals for managed care enrollees. (Sec. 5452) Directs the Secretary to establish a demonstration project for making direct GME payments to qualifying consortia instead of teaching hospitals. Chapter 4: Other Hospital Payments - Directs the Secretary to make additional payments (including disproportionate share payments (DSH)) to hospitals for managed care and Medicare Choice enrollees. Revises requirements for DSH payments to hospitals serving vulnerable populations. Eliminates indirect GME and DSH payments attributable to outlier payments. Requires reductions in payments for enrollee bad debt. Increases the base payment rate to Puerto Rico hospitals. Repeals the termination date to make a permanent extension of the hemophilia passthrough. Authorizes Medicare and Medicaid coverage of inpatient hospital and post-hospital extended care services in religious nonmedical health care institutions (currently limited to Christian Science sanatoria). Chapter 5: Payments for Hospice Services - Bases payment for home hospice care on the location where care is furnished. Revises the home hospice care benefit period. Provides for home hospice care coverage of any other items and services specified in a plan. Allows waiver of certain staffing requirements for hospice care programs in non-urbanized areas. Subtitle G: Provisions Relating to Part B Only - Chapter 1: Payments for Physicians and Other Health Care Providers - Revises requirements for the payment of physicians' services, with changes: (1) establishing a single conversion factor for 1998; (2) adding new update provisions; (3) replacing the volume performance standard with sustainable growth rate; (4) adding payment rules for anesthesia services; (5) providing for adjustments in relative value units for 1998; and (6) increasing Medicare reimbursement for nurse practitioners, clinical nurse specialists, and physician assistants. (Sec. 5505) Directs the Comptroller General to review and evaluate the proposed rule on resource-based methodology for practice expenses issued by the Health Care Financing Administration. (Sec. 5508) Directs the Secretary to conduct certain chiropractic services coverage demonstration projects. Chapter 2: Other Payment Provisions - Requires a specified reduction in updates to payment amounts for clinical diagnostic laboratory tests, while lowering the cap on payment amounts. Directs the Secretary to request the Institute of Medicine of the National Academy of Sciences to study Medicare part B payments for clinical laboratory services for a report to the appropriate congressional committees. (Sec. 5522) Directs the Secretary to divide the United States into up to five regions, and designate a single carrier for each region, for the payment of Medicare part B claims for clinical diagnostic laboratory services. Requires the Secretary to adopt uniform policies for clinical diagnostic laboratory tests. (Sec. 5523) Provides for a reduction in payment amounts for items of DME. Revises requirements for payment for oxygen and oxygen equipment, ambulatory surgical services, and drugs and biologicals. Provides for a reduction in the increase for parenteral and enteral nutrients, supplies, and equipment. Directs the Secretary to establish service standards and accreditation requirements for persons seeking Medicare part B payment for the providing of oxygen and oxygen equipment to beneficiaries within their homes. Details certain studies, demonstration projects, and congressional reporting relating to access to home oxygen equipment. Chapter 3: Part B Premium and Related Provisions - Revises the formula for the monthly Medicare part B premium rate the Secretary promulgates each September for the following calendar year. Requires such rate to equal 50 percent of the monthly actuarial rate for enrollees age 65 and over for that succeeding calendar year. (Sec. 5542) Specifies a formula for a mandatory annual income-related increases in the Medicare part B deductible. Amends the Internal Revenue Code to authorize the Secretary of the Treasury, upon the HHS Secretary's request, to disclose to Health Care Financing Administration officers and employees certain income tax return information about a taxpayer required to pay a monthly Medicare part B premium. Subtitle H: Provisions Relating to Parts A and B - Chapter 1: Secondary Payor Provisions - Revises requirements for Medicare as secondary payor. Permits recovery against third party administrators of primary plans. Extends the claims filing period for employer group health plans. Chapter 2: Other Provisions - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to conform the age for eligibility under Medicare to the retirement age for OASDI benefits. (Sec. 5612) Provides for an increased certification period for certain organ procurement organizations. Division 2: Medicaid and Children's Health Insurance Initiatives - Subtitle I: Medicaid - Chapter 1: Medicaid Savings - Amends SSA title XIX to establish a new part B (Managed Care) giving States the option to require Medicaid-eligible, non-special needs individuals to enroll in managed care arrangements of the individual's choice as a condition of receiving Medicaid. Prescribes requirements for: (1) referral to specialty care; (2) treatment of children with special health care needs; (3) access to emergency care; (4) annual external independent review of managed care entity activities and other specified quality care assurance measures; (5) fraud and abuse prohibitions and protections; and (6) enforcement sanctions. (Sec. 5701) Directs the Secretary to report to specified congressional committees on the effect of managed care entities on the delivery of and payment for the services traditionally provided through certain providers. Directs the Secretary and the Comptroller General to report annually to specified congressional committees on rates paid for hospital services under managed care entities. Directs the Institute of Medicine of the National Academy of Sciences to analyze the quality assurance programs and accreditation standards applicable to managed care entities operating in the private sector or under Medicare contracts to determine if such programs and standards consider the accessibility and quality of the health care items and services delivered under such contracts to low-income individuals. (Sec. 5702) Amends SSA title XIX to grant States the option of providing Medicaid coverage of primary care case management services without the need for a waiver. (Sec. 5703) Repeals the (75-25) requirement that Medicare and Medicaid beneficiaries under SSA titles XVIII and XIX, respectively, constitute less than 75 percent of the membership of a participating HMO. Repeals the prohibition on co-payments for services furnished by HMOs. (Sec. 5711) Repeals "Boren Amendment" provider reimbursement requirements. Requires the Secretary to study and report to the appropriate congressional committees on the effect on access to services, service quality, and service safety of the rate-setting methods used by States as a result of such repeal. (Sec. 5712) Revises requirements for Medicaid payment rates for qualified Medicare beneficiaries, placing a limitation on nonparticipating providers. (Sec. 5713) Provides that a State shall not be deemed out of compliance with certain such requirements because the State contracts, on a capital or other negotiated basis, with selected health care plans, individual health care providers, managed care entities, or other entities for the provision or arrangement of medical assistance, for case management services, or for coordination of medical assistance provided under the State Medicaid plan. (Thus eliminates the requirement of a waiver.) (Sec. 5721) Revises specified limitations of Federal payments for inpatient hospital services furnished by disproportionate share hospitals (DSH), including limitations on certain State DSH expenditures to institutions for mental diseases or other mental health facilities. Chapter 2: Expansion of Medicaid Eligibility - Grants States the option to: (1) permit workers with disabilities to buy into Medicaid; and (2) provide for 12-month continuous Medicaid eligibility for children. Chapter 3: Programs of All-Inclusive Care for the Elderly (PACE) - Authorizes a State to establish a program of all-inclusive care for the elderly (PACE) for individuals who need not be eligible for Medicare part A benefits, or enrolled under Medicare part B. Requires the Secretary to study and report to the Congress on the quality and cost of providing PACE program services under the Medicare and Medicaid programs, specifically comparing costs, quality, and access to services by private, for-profit entities operating under demonstration project waivers with those of other PACE providers. Chapter 4: Medicaid Management and Program Reforms - Repeals: (1) the requirement that a State pay for private insurance; (2) obstetrical and pediatric payment rate and various other specified requirements; and (3) certain physician qualification requirements. Authorizes a State to impose cost-sharing for any Medicaid provided to certain individuals. (Sec. 5755) Revises a specified penalty for fraudulent eligibility. (Sec. 5756) Prohibits the expenditure of Medicaid funds for roads, bridges, stadiums, and other items and services not covered by a State plan. Conditions issuance or renewal of a DME supplier provider number on the supplier's provision of a surety bond and disclosure of all persons with ownership or control interests in the supplier, and of all subcontractors in which the supplier has a five percent or greater interest. Requires home health agencies to provide a surety bond. Revises conflict-of-interest safeguards. Declares that States are not required to provide medical assistance for items or services furnished by a person or entity convicted of a felony for an offense inconsistent with the best interests of beneficiaries under the State plan. Requires State action for program and beneficiary protection against waste, fraud, and abuse. Directs the Administrator of the Health Care Financing Administration to: (1) develop mechanisms to better monitor and prevent inappropriate Medicaid payments in the case of individuals who are dually eligible for Medicaid and Medicare benefits; (2) study the use of case management or care coordination in order to improve the appropriateness, quality, and cost effectiveness of care for dually- eligible individuals; and (3) work with the States to ensure better care coordination for dual eligibles. (Sec. 5757) Requires the Secretary to study and report to the Congress on: (1) early and periodic screening, diagnostic, and treatment benefits; and (2) the effectiveness of managed care entities in meeting the needs of Medicaid enrollees with special health care needs. Chapter 5: Miscellaneous - Provides for: (1) increased Federal medical assistance percentages (FMAPs) for the District of Columbia and Alaska and increased payment caps for the territories; (2) coverage of community-based mental health services and optional coverage of certain Centers for Disease Control screened breast cancer patients; and (3) treatment of veterans pensions. (Sec. 5765) Revises the treatment as broad-based health care related taxes of certain State hospital taxes which currently are not subtracted as revenues from the State share of Medicaid expenditures for purposes of calculating the Federal share of such expenditures. Declares that an exemption from such State hospital tax for certain Federal-tax-exempt hospitals that do not accept Medicaid or Medicare payments (provide free care) shall not disqualify the hospital tax as a broad-based health care related tax (thus allowing continued exclusion of such State hospital tax from the requirement that provider-specific taxes be subtracted from the State share of Medicaid expenditures for purposes of Federal share calculation). Subtitle J: Children's Health Insurance Initiatives - Amends SSA to add a new title XXI (Child Health Insurance Initiatives) in order to provide funds to States to expand the provision of health insurance coverage to low-income children. Mandates coverage that is actuarially equivalent to the benefits required to be offered for a child under the Federal Employees' Health Benefits Program (FEHBP). Requires the use of funds to achieve such purpose through specified outreach activities and, at the State's option, through: (1) a grant program to subsidize employee contributions to a group health plan for health insurance coverage for a dependent low-income child, or to provide FEHBP-equivalent children's health insurance coverage for low- income children in the State; or (2) expansion of coverage of such children under the State Medicaid program who are not otherwise required to be provided medical assistance under Medicaid. Makes appropriations to carry out this title. Directs the Secretary to establish a basic allotment pool for distribution of funds to eligible States, with provision for bonus payments, including incentive bonuses. Prohibits their use for abortions except when necessary to save the life of the mother or if the pregnancy results from rape or incest. Exempts such a State program from the five-year limit on means-tested public benefits under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Division 3: Income Security and Other Provisions - Subtitle K: Income Security, Welfare-to-Work Grant Program, and Other Provisions - Chapter 1: Income Security - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make aliens eligible for Supplemental Security Income (SSI) who, as of the date of enactment of such Act, were: (1) receiving such benefits; or (2) disabled and lawfully residing in the United States. Includes Cuban and Haitian entrants within the definition of "qualified alien" for purposes of welfare and public benefits. (Sec. 5812) Extends from five years to seven years the refugee and asylee eligibility period for SSI and Medicaid, and includes Cuban and Haitian entrants within such category. Provides a five-year food stamp eligibility period for such aliens. (Sec. 5813) Exempts from SSI eligibility limitations: (1) permanent resident aliens who are members of an Indian tribe; and (2) certain SSI recipients with pre-January 1, 1979 applications. (Sec. 5816) States that an alien who is ineligible for food stamps shall not be eligible for such program based upon SSI eligibility. Authorizes Medicaid eligibility based upon SSI eligibility. (Sec. 5817) Exempts legal aliens under the age of 19 from the five-year Medicaid limitation. Chapter 2: Welfare-to-Work Grant Program - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to establish a program of welfare-to-work grants to States. (Sec. 5821) Sets forth requirements relating to State entitlement to non-competitive grants under such program and State distribution of such funds among local governments. Provides for competitive grants, based on program effectiveness and other factors, for State-approved projects proposed by local governments. Sets forth requirements for: (1) nondisplacement of other workers by participants in work activities under this program; (2) applicable health and safety standards; and (3) grievance procedures with respect to alleged violations of such nondisplacement and health and safety requirements. Provides for such grants to outlying areas and to Indian tribes. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a plan to evaluate the use of such grants; and (2) submit interim and final reports to the Congress. (Sec. 5822) Authorizes State plans to: (1) consolidate and automate the administration of low-income benefit programs, including Medicaid; and (2) contract competitively for the administration of such programs. (Sec. 5823) Revises PRWORA with respect to a State's ability to sanction an individual receiving assistance under the TANF program for noncompliance. Chapter 3: Unemployment Compensation - Amends SSA title IX (Employment Security) with respect to unemployment compensation to increase the Federal Unemployment Account ceiling. (Sec. 5832) Provides for a special distribution to States from the Unemployment Trust Fund. (Sec. 5833) Revises provisions relating to State laws defining base periods for unemployment compensation. (Sec. 5834) Revises the Internal Revenue Code exclude from the definition of employment, for specified unemployment compensation purposes, any service performed by a prison inmate. Division 4: Earned Income Credit and Other Provisions - Subtitle L: Earned Income Credit and Other Provisions - Chapter 1: Earned Income Credit - Prohibits allowing the earned income credit for: (1) ten years, if the credit was found to have been fraudulently claimed; and (2) two years, if the credit was claimed with intentional or reckless disregard of the earned income credit rules. Chapter 2: Increase in Public Debt Limit - Increases the public debt limit. Chapter 3: Miscellaneous - Expresses the sense of the Senate that all cost-of-living adjustments required by statute should accurately reflect the best available estimate of changes in the cost of living. Subtitle M: Welfare Reform Technical Corrections - Welfare Reform Technical Corrections Act of 1997 - Chapter 1: Block Grants for Temporary Assistance to Needy Families - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to make various specified technical as well as substantive amendments with regard to sundry (welfare reform) provisions added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRAWORA). (Sec. 5902) Provides for a later deadline for submission of State TANF plans. (Sec. 5903) Revises the computation of bonus grants to States for a decrease in illegitimacy, requiring: (1) use of calendar year instead of fiscal year data; (2) use of the ratio of out-of-wedlock births to all births instead of the number of out-of-wedlock births; and (3) that certain territories be taken into account. Revises the formula for annual reconciliation of payments to States with specified maximums. Limits to non-needy States the requirement for annual State remission of excess funds to HHS. (Sec. 5905) Revises specified mandatory work requirements. States that a family with a disabled parent shall not treated as a two-parent family. Allows the minimum work requirement for a two-parent family to be shared between both parents, if it amounts to a total of at least 55 hours per week. Deems the caretaker relative of a child under age six to meet work requirements if he or she is engaged in work for 20 hours per week. Allows 12 weeks of job search to count as work in a needy State. Extends to married teens the rule that receipt of sufficient education is enough to meet work participation requirements. Exempts teen parents from the limitation on the number of persons that may be treated as engaged in work by virtue of participation in vocational education activities. (Sec. 5906) Reinstates certain special rules applicable to aliens (non-213A aliens) who entered the country under affidavits of support formerly used (before PRAWORA added section 213A to the Immigration and Nationality Act, requiring such affidavits to be contracts enforceable against the sponsor by the alien or by the Federal Government for recovery of any public assistance paid the alien). Revises the income deeming rule for such aliens. (Sec. 5907) Changes from one month to 45 days the deadline for States to file quarterly reports before incurring a penalty. Conforms TANF penalties to those under SSA title IV part D (Child Support and Establishment of Paternity). Provides for additional State TANF grant reductions for States which fail to expend additional State funds to replace previous grant penalty reductions. (Sec. 5908) Requires State quarterly reports to specify: (1) any disability benefits a child is receiving; (2) whether or not a family member under age 20 is also a parent of a child in the family; and (3) the number of families and individuals receiving TANF, and the total dollar value of TANF received by all families. (Sec. 5909) Reduces appropriations for tribal work activities programs. (Sec. 5910) Revises requirements for the methodology for determining child poverty rates to require county-by-county estimates of children in poverty only to the extent available. (Sec. 5913) Amends SSA title XI to: (1) revise the limitation on total payments to each territory under TANF and other specified SSA programs to require the disregard of certain payments under TANF in determining such limitation; and (2) treat certain child care and social services expenditures by territories as SSA title IV part A expenditures for matching grant purposes. (Sec. 5914) Makes conforming amendments to SSA title IV parts D (Child Support and Establishment of Paternity) and E (Foster Care and Adoption Assistance). (Sec. 5917) Amends PRAWORA with regard to the denial of assistance and benefits for drug-related convictions. Revises the exemption from benefit denial for convictions on or before enactment of PRAWORA to specify convictions relating to conduct on or before such enactment date. Chapter 2: Supplemental Security Income - Amends SSA title XVI (Supplemental Security Income) (SSI) and PRAWORA to make conforming and technical amendments relating to certain eligibility restrictions on prisoners and eligibility redeterminations and continuing disability reviews with respect to SSI benefits for disabled children. (Sec. 5924) Amends SSA title XI part A (General Provisions) to designate the Commissioner of Social Security instead of the HHS Secretary as the authority who shall determine the timing of grants and payments for jointly financed cooperative agreements or grants concerning SSA title XVI research or demonstration projects. Chapter 3: Child Support - Amends SSA title IV part D (Child Support and Establishment of Paternity) to modify child support requirements affecting: (1) individuals subject to fee for child support enforcement services; (2) distribution of State-collected support and State options for applicability of certain rules; (3) distribution of collections with respect to families receiving assistance and families under certain agreements; (4) civil penalties for failure to report required information to a State Directory of New Hires; (5) uses of the Federal Parent Locator Service, including access to its registry data for research purposes; (6) collection and use of social security numbers for child support enforcement purposes in State certificates and licenses for marriage, occupational, professional and commercial activities; (7) availability of funds earmarked for the Federal Parent Locator Service; (8) authority to collect child support from Federal employees; (9) direct Federal grants to Indian tribes for child support enforcement; (10) State retention of child support amounts collected on behalf of a child for whom a public agency is making foster care maintenance payments to the extent necessary to reimburse it for such payments; (11) high-volume automated administrative enforcement in interstate cases; and (12) statutory procedures to ensure that persons with child support arrearages have a work or payment plan. (Sec. 5956) Requires State plans for child and spousal support to: (1) mandate notification to the Secretary, whenever the Federal Parent Locator Service is utilized, that the State has reasonable evidence of domestic violence or child abuse, and that disclosure of such information could jeopardize the victims; and (2) prescribe safeguard procedures for State courts to utilize upon notification that the Secretary has such evidence, including a proscription against court disclosure. (Sec. 5959) Amends PRAWORA, with respect to the temporary limitation on payments under the special Federal matching rate for the development costs of automated systems, to revise the formula for allocation of such limitation to include certain systems approved by the Secretary to receive enhanced development funding, as well as systems that have received funding pursuant to a waiver. Chapter 4: Restructuring Welfare and Public Benefits for Aliens - Subchapter A: Eligibility for Federal Benefits - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make certain aliens eligible for Medicare and Railroad Retirement Act benefits. (Sec. 5966) Makes technical corrections with respect to: (1) aliens under withheld deportation; (2) notification of unlawfully present aliens; and (3) Cuban and Haitian entrants. (Sec. 5967) Requires alien veterans to have fulfilled minimum active duty service requirements to be eligible for specified Federal and State public assistance programs. Extends assistance eligibility to the unremarried surviving spouse of such a veteran. (Sec. 5970) States that the term "Federal public benefit" shall not apply with respect to grants, contracts, or appropriations to citizens of a freely associated state under specified circumstances. (Sec. 5971) Expresses the sense of the Congress that permanent resident Hmong and other Highland Lao veterans who fought on behalf of the United States during the Vietnam conflict should be considered veterans for purposes of continuing certain assistance benefits. Subchapter B: General Provisions - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with respect to the treatment of certain battered aliens as "qualified aliens" to: (1) transfer determination authority from the Attorney General to the providing agency; and (2) include the alien child of a battered parent under such definition and under the special income attribution rule. (Sec. 5973) Directs the Attorney General to promulgate procedures for State verification of alien eligibility. (Sec. 5974) Amends provisions concerning qualifying social security quarters. Subchapter C: Miscellaneous Clerical and Technical Amendments; Effective Date - Amends part A (Temporary Assistance for Needy Families) of the Social Security Act to require States receiving specified grants to provide the Immigration and Naturalization Service with identifying information about illegal aliens. Makes technical corrections to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Chapter 5: Child Protection - Amends the Social Security Act to make technical and conforming amendments relating to child protection. Chapter 6: Child Care - Amends the Social Security Act to make technical and conforming amendments relating to child care. (Sec. 5987) Repeals: (1) the Child Development Associate Scholarship Assistance Act of 1985; and (2) the State Dependent Care Development Grants Act. Amends the Elementary and Secondary Education Act of 1965 to repeal the Federal grant eligibility of specified child care programs for at-risk secondary school students who are parents and their children. Amends the Native Hawaiian Education Act to repeal the authority to make direct grants to Native Hawaiian Family-Based Education Centers. Chapter 7: ERISA Amendments Relating to Medical Child Support Orders - Amends the Employee Retirement Income Security Act of 1974 (ERISA), with respect to group health plan coverage of children under a medical child support order, pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), to permit payment of plan benefits to a State or local official in lieu of the child. (Sec. 5992) Requires treatment as a medical child support court order of specified similar administrative orders. (Sec. 5993) Repeals the requirement that a medical child support order specify each health benefit plan to which it applies. Title VI: Committee on Governmental Affairs - Subtitle A: Civil Service and Postal Positions - Specifies increases in certain contributions to Federal civilian retirement systems. (Sec. 6002) Modifies the formula under which the Government contribution for health benefits for a Federal employee or annuitant enrolled in the Federal Employees Health Benefits Program is determined. (Sec. 6003) Repeals the requirement authorizing transitional appropriations to the Postal Service Fund. Subtitle B: GSA Property Sales - Mandates the sale of Governors Island, New York. (Sec. 6012) Mandates the sale of specified air rights adjacent to Washington Union Station, including the air rights of Amtrak transferred to the Administrator of General Services (GSA). Directs Amtrak, as a condition of future Federal financial assistance, to transfer specified air rights to the GSA on or before December 31, 1997. Prohibits Amtrak from obligating Federal funds if it fails to comply. Title VII: Committee on Labor and Human Resources - Amends the Higher Education Act of 1965 (HEA) with respect to title IV student assistance programs. (Sec. 7001) Directs the Secretary of Education to recall for deposit in the Treasury a specified amount of the reserve funds of State and nonprofit private loan insurance programs held by guaranty agencies on September 1, 2002. Denies the Secretary any authority to direct a guaranty agency to return reserve funds before such date. Requires each guaranty agency, between FY 1998 and 2002, to transfer a certain portion of its equitable share of the projected recall amount into restricted accounts for investment in U.S. obligations or other similarly low-risk securities. (Sec. 7002) Repeals the requirement that the Secretary pay direct loan origination fees to institutions of higher education. (Sec. 7003) Sets funding levels through FY 2002 for mandatory administrative expenses for the student financial aid programs. Reduces the previously authorized level of appropriations for FY 1998 ($750 million), while authorizing increasing amounts for subsequent fiscal years until the level reaches $750 million for FY 2002. Prescribes a formula for the calculation of administrative cost allowances payable to guaranty agencies. (Sec. 7004) Extends the HEA title IV student assistance program through FY 2002. Title VIII: Committee on Veterans' Affairs - Veterans Reconciliation Act of 1997 - Subtitle A: Extension of Temporary Authorities - Extends through December 1, 2002, the authority of the Secretary of Veterans Affairs to issue and guarantee the principal and interest on certificates or other securities representing an interest in a pool of mortgage loans made to veterans and guaranteed by the Secretary. Extends through FY 2002: (1) the authority of the Secretary to charge a home loan fee under the veterans' home loan guaranty program; (2) the default procedures applicable to home liquidation sales under the program; (3) the authority of the Secretary to obtain information under the Internal Revenue Code for veterans' income verification purposes; and (4) a $90 monthly pension limitation, after three months, for a veteran having neither spouse nor child and being furnished domiciliary or nursing home care by the Department of Veterans Affairs. Subtitle B: Copayments and Medical Care Cost Recovery - Amends the Omnibus Reconciliation Act of 1990 to extend through FY 2002 the authority to require certain veterans to make copayments for the receipt of Department health care benefits. Extends through FY 2002: (1) the requirement that veterans pay $2 for each 30-day supply of medication furnished through the Department for the treatment of a non-service-connected disability or condition; and (2) the right of the United States to recover from a veteran the cost of Department care and services provided for certain non-service-connected disabilities. (Sec. 8023) Establishes in the Treasury the Department of Veterans Affairs Medical Care Collections Fund for receipt of amounts recovered or collected by the Department for the provision of certain reimbursable health care and services provided to veterans and their spouses and dependents. Specifies authorized Fund uses. Transfers to the Fund any unobligated balance of the Department of Veterans Affairs Medical-Care Cost Recovery Fund. Subtitle C: Other Matters - Provides for the rounding down to the next lower dollar of cost-of-living adjustments in veterans' disability compensation and dependency and indemnity compensation rates for FY 1998 through 2002. Allows such adjustments to be no more than the percentage adjustment to social security increases for such year. (Sec. 8032) Increases the home loan fee rate charged for the purchase from the Department of repossessed homes (homes the loans for which were defaulted by veterans under the home loan guaranty program). (Sec. 8033) Revises the notification procedures under which the Secretary may waive all or part of the indebtedness owed by a veteran on account of any loan made to, or assumed or guaranteed by, the Department.
Bill· HRH.R. 1995 (105th)open
United States · United States Congress · 19 June 1997
Point Reyes National Seashore Farmland Protection Act of 1997 - Amends Federal law to include the Farmland Protection Area in the Point Reyes National Seashore, California, with the primary objective being to protect private agricultural land from nonagricultural development by conservation easements. Authorizes the Secretary of Agriculture to make farmland acquisitions within the Area. Authorizes appropriations.
Bill· HRH.R. 1976 (105th)referred
United States · United States Congress · 19 June 1997
Alcohol Advertising Accountability Act of 1997 - Mandates an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation.
Bill· HRH.R. 1978 (105th)referred
United States · United States Congress · 19 June 1997
Children's Protection from Alcohol Advertising Act of 1996 - Prohibits advertising or promoting alcoholic beverages on any audio tape, audio disc, videotape, video arcade game, computer game, or film. Prohibits outdoor advertising of alcoholic beverages within 1000 feet of any school, playground, or other public facility where individuals under 21 are reasonably expected to convene. Restricts alcohol print advertising in publications with an under-21 readership of 15 percent or more than two million to text only in black and white print. Limits alcohol television broadcast advertising between 7 a.m. and 10 p.m. to a picture of the beverage with factual, objective audio information. Mandates criminal fines and allows injunctions. Requires that alcohol manufacturers sponsoring events be identified in the corporate (not brand) name. Prohibits manufacturing or distributing non-beverage products with an identifiable brand of an alcoholic beverage manufacturer (but allows the corporate name).
Bill· HRH.R. 1982 (105th)referred
United States · United States Congress · 19 June 1997
TABLE OF CONTENTS: Title I: Children and Alcohol Advertising Title II: Higher Education and Alcohol Abuse Prevention Title III: Deductions for Alcohol Advertising or Promotion Title IV: Promotion of Alcoholic Beverages Title V: Alcohol Advertising Title VI: Health Warnings Title VII: Ingredient Labeling for Malt Beverages, Wine, and Distilled Spirits Comprehensive Alcohol Abuse Prevention Act of 1997 - Title I: Children and Alcohol Advertising - Children's Protection from Alcohol Advertising Act of 1996 - Prohibits advertising or promoting alcoholic beverages on any audio tape, audio disc, videotape, video arcade game, computer game, or film. Prohibits outdoor advertising of alcoholic beverages within 1000 feet of any school, playground, or other public facility where individuals under 21 are reasonably expected to convene. Restricts alcohol print advertising in publications with an under-21 readership of 15 percent or more than two million to text only in black and white print. Limits alcohol television broadcast advertising between 7 a.m. and 10 p.m. to a picture of the beverage with factual, objective audio information. Mandates criminal fines and allows injunctions. Requires that alcohol manufacturers sponsoring events be identified in the corporate (not brand) name. Prohibits manufacturing or distributing non-beverage products with an identifiable brand of an alcoholic beverage manufacturer (but allows the corporate name). Title II: Higher Education and Alcohol Abuse Prevention - College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution (institution) to receive any Federal financial assistance) to require such programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; (2) distribution of free alcoholic beverages for promotional purposes on campus; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies. Requires that identification, referral, or treatment of students and employees under such programs not jeopardize their matriculation status or employment. Requires specified items under such programs to be developed and adopted with student and employee participation. Directs the Secretary of Education to waive certain sanctions relating to such programs for up to one year in the case of any institution in the process of developing and implementing a required plan. Authorizes the Secretary to make grants to institutions or consortia of them, and contracts with such institutions and other organizations, for programs of prevention and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows such contracts also to be used for a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and institutions of higher education. Make a conforming repeal to the Elementary and Secondary Education Act of 1965. Directs the Secretary to make ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations. Title III: Deductions for Alcohol Advertising or Promotion - Alcohol Promotion and Advertising Tax Fairness Act - Amends the Internal Revenue Code to disallow a deduction for the expense of advertising (via any means) or promoting any alcoholic beverage. Title IV: Promotion of Alcoholic Beverages - End Taxpayer Promotion of Alcohol Overseas Act - Amends the Agricultural Trade Act of 1978 to prohibit market access program funds from being used to promote the sale or export of alcoholic beverages. Title V: Alcohol Advertising - Alcohol Advertising Accountability Act of 1996 - Mandates an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation. Title VI: Health Warnings - Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings. Requires the Secretary of Health and Human Services to maintain toll-free numbers referred to in some of the warnings. Title VII: Ingredient Labeling for Malt Beverages, Wine, and Distilled Spirits - Truth in Alcohol Beverage Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require malt beverages, wine, and distilled spirits to bear labels: (1) disclosing alcohol content, the number of drinks (defining "drink" as .6 ounces of alcohol by volume), ingredients and calories per container and per drink, and the common name of each ingredient (including additives); and (2) providing a toll-free telephone number (operated by the Secretary of Health and Human Services) for help with a drinking problem.
Bill· HRH.R. 1979 (105th)referred
United States · United States Congress · 19 June 1997
Sensible Advertising and Family Education Act - Declares it to be an unlawful or deceptive act under the Federal Trade Commission Act to advertise any alcoholic beverage through magazines, newspapers, brochures, promotional displays, radio, television (including cable, paid per view, or subscription), or other electronic means, unless the advertising includes one of specified health warnings. Requires the Secretary of Health and Human Services to maintain toll-free numbers referred to in some of the warnings.
Bill· HRH.R. 1977 (105th)referred
United States · United States Congress · 19 June 1997
Truth in Alcohol Beverage Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require malt beverages, wine, and distilled spirits to bear labels: (1) disclosing alcohol content, the number of drinks (defining "drink" as .6 ounces of alcohol by volume), ingredients and calories per container and per drink, and the common name of each ingredient (including additives); and (2) providing a toll-free telephone number (operated by the Secretary of Health and Human Services) for help with a drinking problem.
Bill· HRH.R. 1974 (105th)referred
United States · United States Congress · 19 June 1997
End Taxpayer Promotion of Alcohol Overseas Act - Amends the Agricultural Trade Act of 1978 to prohibit use of market access program funds to promote the sale or export of alcoholic beverages.
Bill· HRH.R. 1969 (105th)open
United States · United States Congress · 19 June 1997
Amends the Consolidated Farm and Rural Development Act to disregard debt forgiveness that is more than seven years old for purposes of certain loan and loan servicing limitations.
Bill· HRH.R. 1980 (105th)referred
United States · United States Congress · 19 June 1997
College Campus Alcohol Abuse Prevention and Education Act - Amends the Higher Education Act of 1965 (HEA) to revise drug and alcohol abuse prevention program certification requirements (which must be met in order for a higher education institution (institution) to receive any Federal financial assistance) to require such programs to limit alcoholic beverage advertisements in the institution's newspapers and other publications to price and product identification. Prohibits: (1) distribution of any promotional material that encourages the consumption of alcoholic beverages on campus; (2) distribution of free alcoholic beverages for promotional purposes on campus; and (3) sponsorship or public support of any on-campus athletic, musical, cultural, or social program, event, or competition by any alcoholic beverage company or by any group of such companies. Requires that identification, referral, or treatment of students and employees under such programs not jeopardize the their matriculation status or employment. Requires specified items under such programs to be developed and adopted with student and employee participation. Directs the Secretary of Education to waive certain sanctions relating to such programs for up to one year in the case of any institution in the process of developing and implementing a required plan. Authorizes the Secretary to make grants to institutions or consortia of them, and contracts with such institutions and other organizations, for programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and associated violence. Allows such contracts also to be used for a higher education center for alcohol and drug abuse prevention which will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community and institutions of higher education. Makes a conforming repeal to the Elementary and Secondary Education Act of 1965. Directs the Secretary to make ten National Recognition Awards annually to institutions that have developed and implemented effective alcohol and drug abuse prevention and education programs. Authorizes appropriations.
Bill· SS. 932 (105th)referred
United States · United States Congress · 18 June 1997
Imported Fire Ant Control, Management, and Eradication Act of 1997 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. Directs the Board to select and fund specified research or demonstration projects, including a final national plan for fire ant control, management, and possible eradication.
Bill· HRH.R. 1958 (105th)referred
United States · United States Congress · 18 June 1997
Amends the Federal Food, Drug, and Cosmetic Act and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions.
Record· NominationPN385 (105th)open
United States · United States Senate · 17 June 1997
Law· HRH.R. 1944 (105th)enacted
United States · United States Congress · 17 June 1997
Warner Canyon Ski Hill Land Exchange Act of 1997 - Requires the Secretary of Agriculture to convey specified Federal lands within the Warner Canyon Ski Area of the Freemont National Forest to Lake County, Oregon, in exchange for certain lands owned by such County located within the Hart Mountain National Wildlife Refuge.
Bill· HRH.R. 1942 (105th)referred
United States · United States Congress · 17 June 1997
TABLE OF CONTENTS: Title I: Export Administration Title II: Nuclear Proliferation Prevention Title I: Export Administration - Export Administration Act of 1997 - Declares the export policy of the United States, including that: (1) export controls should be imposed to stem the proliferation of weapons of mass destruction; and (2) restrictions on the export of agricultural commodities should be minimized. (Sec. 104) Specifies the kinds of export licenses the Secretary of Commerce may require. Requires the Secretary to establish a United States Commodity Control Index specifying the license requirements for items on the control index. Directs the President to ensure a list is semiannually published in the Federal Register of all parties: (1) denied or debarred from exporting under this Act or the Arms Export Control Act; (2) sanctioned for prohibited proliferation; and (3) blocked and specifically designated nationals. Requires the Secretary to appoint export advisory committees with respect to items upon which export controls have been imposed. (Sec. 105) Authorizes the President to prohibit, curtail, or require the provision of information regarding, the export of commodities, technology, or other information in order to implement multilateral export control regimes under this Act. Requires the Secretary to designate as part of the control index, a multilateral control list composed of the items controlled under this Act. Provides for the creation of multilateral export control regimes. Authorizes the Secretary to: (1) provide for the export of controlled commodities and technology free of license requirements among members of such regimes; and (2) adjust licensing policies for a particular country or entity for access to controlled items to the extent it adheres to the export control policies of this Act. Requires the Secretary to review: (1) at least biennially all items on the multilateral control list; and (2) annually whether the policy on minimizing restrictions on the export of information technology products and services is being achieved. (Sec. 106) Authorizes the President, acting through the Secretary of State, and only after consultation with the Congress, unilaterally to prohibit, curtail, or require the provision of information regarding the export of any commodity, technology, or other information for up to 12 months in order to further specified nonproliferation, antiterrorism, national security or national interest, and foreign policies of the United States. Requires the Secretary of State to seek support from other countries and multilateral export control regimes for such controls. Sets forth procedures for cessation and extension of such controls. Prohibits export of controlled commodities or technology to countries that have repeatedly supported acts of international terrorism. Declares that crime control and detection instruments and equipment shall be approved for export by the Secretary only pursuant to an export license, with specified exceptions. (Sec. 107) Authorizes the President to prohibit or impose quantitative restrictions on the export of commodities that are domestically in short supply. Directs the Secretary to monitor exports, and contracts for exports, of commodities in cases where their volume in relation to domestic supply contributes, or may contribute, to an increase in domestic prices or a domestic shortage, and such increase or shortage has, or may have, a serious adverse impact on the economy. Directs the Secretary to consult with the Secretary of Energy to determine whether monitoring or export controls are warranted with respect to exports of facilities, machinery, or equipment normally and principally used in the production, conversion, or transportation of fuels and energy (except nuclear energy). Authorizes an entity, including a trade association, firm, or certified union or group of workers, that is representative of an industry that processes metallic materials capable of being recycled, to petition the Secretary requesting both the monitoring of or the imposition of export controls on exports of such items in short supply. Prohibits the President from imposing quantitative restrictions based on short supply controls on agricultural commodities (including fats and oils, forest products, or animal hides or skins) without the approval of the Secretary of Agriculture. Declares that shipments of crude oil and refined and partially refined petroleum products for use by the Department of Defense or U.S.-supported installations shall not, for purposes of export controls on Alaskan North Slope oil, be considered to be exports. (Sec. 108) Directs the President to issue regulations that prohibit, with specified exceptions, U.S. persons from supporting any boycott imposed by a foreign country against a country friendly to the United States that is not itself the object of a U.S. boycott. (Sec. 109) Specifies procedures for the processing of export license applications, including the screening, referral, approval or denial, and review of such applications. (Sec. 110) Sets forth both civil and criminal penalties for violations of this Act. (Sec. 111) Directs the Secretary to establish, as part of the control index, dual-use items on the Missile Technology Control Regime Annex (MTCR), or on the list of the Australia Group or the Chemical Weapons Convention, which may include items that would contribute to the development or use of missile delivery systems or chemical or biological weapons, and are not included in the MTCR list or the Australia Group list, but which the United States has proposed to other members of MTCR or the Australia Group for inclusion on such lists. Requires a validated license for the export of such items to any country, including items the exporter knows are destined for a missile project or facility in a country that is not an MTCR adherent, or to a chemical or biological weapon project or facility. Declares that an export license should be denied if the ultimate consignee is a facility in a country that is not an adherent to the MTCR and the facility is designed to develop or build missiles. Prohibits the export of commodities and technology if the ultimate consignee is a program for the design, development, or acquisition of a weapon of mass destruction or missile in a country that is not an adherent to the regime controlling such weapon or missile, unless the Secretary determines such export would not make a material contribution to such program. Requires the President to impose sanctions, for a 12-month period, against a foreign person that knowingly and materially contributes, through the export from the United States or from any other country of any controlled goods or technology, to the efforts by any of certain foreign countries to use, develop, or otherwise acquire chemical or biological weapons. Includes among such sanctions: (1) the barring of Government procurement contracts; and (2) appropriate import restrictions on the products of an offending foreign person or entity. Requires the President to impose sanctions, for a two-year period, against a U.S. or foreign person that knowingly: (1) exports, transfers, or engages in the trade of any item on the MTCR Annex; (2) conspires or attempts to engage in such an export, transfer, or trade; or (3) facilitates such an export, transfer, or trade by any other person. (Sec. 112) Provides for administrative and judicial review of determinations made under this Act. (Sec. 113) Makes the Secretary responsible for providing policy guidance on the enforcement of this Act. Sets forth requirements with respect to: (1) the forfeiture of goods and tangible items lawfully seized by the United States for violations of this Act; (2) undercover investigative operations of the Office of Export Enforcement of the Department of Commerce; and (3) a financial audit and report to the Congress on each undercover investigative operation. (Sec. 114) Requires issuance of an annual policy guidance for export licensing officials in all Federal departments and agencies. Declares that all power, authority, and discretion conferred by this title with respect to export control functions shall be exercised by the Secretary. Establishes an Export Control Policy Committee to provide policy guidance and advice to the President on export control issues. Directs the President to appoint an Under Secretary of Commerce for Export Administration who shall perform all functions of the Secretary under this Act and other Federal laws relating to national security. Sets forth requirements for: (1) non-disclosure of confidential information; (2) disclosure of information to the Congress and the General Accounting Office (GAO); (3) penalties for disclosure of confidential information; and (4) public opportunity for comment on regulations imposing export controls. Authorizes the Secretary to participate in the education and training of officials from other countries on the principles and procedures for implementation of effective export controls. Declares that export controls may not be imposed for the export of a commodity solely because it contains parts or components subject to export control if they are essential to the functioning of the commodity, are customarily included in the sales of the item in non-controlled countries, and compose 25 percent or less of the total value of the commodity, unless the commodity itself would make a significant contribution to the military or proliferation potential of a controlled country or end user which would prove detrimental to U.S. national security. Declares that no authority may be required for certain reexports to any country (other than a terrorist or embargoed country) of foreign-made items incorporating U.S. items. Declares it is U.S. policy that no U.S. exporter should be affected unfairly by export control policies or practices unless relief from such controls would create a significant risk to the foreign policy, nonproliferation, or national security interests of the United States. Authorizes a person to petition the Secretary for relief from export controls on the basis of foreign availability, or for approval of an application for an export license on other grounds which the Secretary shall establish by regulation. Declares that this Act does not authorize export controls on: (1) medicine or medical supplies; or (2) donations of items intended to meet basic human needs, including food, educational materials, seeds, hand tools, water resources equipment, clothing and shelter materials, and basic household supplies. Requires the Secretary to ensure that: (1) at least one full-time representative of the Department of Commerce stationed in the People's Republic of China (PRC) has duties (and appropriate resources and procedures) related to the implementation of export controls under this Act; and (2) sensitive items (especially those exported to Hong Kong) are not diverted to inappropriate end uses or end users in the PRC. Declares that no license shall be required for replacement parts exported to replace on a one-to-one basis parts that were in a commodity lawfully exported from the United States, unless the President determines that a license should be required for such parts. (Sec. 115) Requires the Secretary to report annually to the Congress on the administration of this Act. (Sec. 118) Expresses the sense of the Congress that the Arab League countries should end the secondary Arab boycott. Title II: Nuclear Proliferation Prevention - Directs the Secretary of State to seek the support of other countries for sanctions imposed under the Nuclear Proliferation Prevention Act of 1994. (Sec. 203) Amends the Arms Export Control Act to direct the President to prohibit the importation of specific products from countries that have engaged in the export of nuclear weapons and technology.
Law· SS. 890 (105th)enacted
United States · United States Congress · 12 June 1997
Dutch John Federal Property Disposition and Assistance Act of 1997 - Provides for the transfer or disposal of certain Federal properties at Dutch John, Utah. Transfers lands designated for disposal from the jurisdiction of the Secretary of Agriculture (Secretary), acting through the Chief of the Forest Service, to the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation (BLM), and, if appropriate, the Postal Service. Removes such lands from inclusion in the Ashley National Forest and the Flaming Gorge National Recreation Area. Directs the Secretary of the Interior to transfer administrative jurisdiction over certain lands acquired for the Central Utah Project and developed for wildlife mitigation to the Secretary. Incorporates such lands into the Ashley or Uinta National Forests. Directs the Secretary to transfer administrative jurisdiction over certain lands to the Postal Service. Requires the Secretary of the Interior to conduct appraisals to determine the fair market value of properties designated for disposal. Conveys specified infrastructure facilities, land, and public schools to Daggett County, and certain facilities of the Utah Division of Wildlife Resources to the Division, without consideration. Sets forth requirements for the purchase of disposed residential properties. Bases priority in purchasing on seniority of reclamation lease or residency in Dutch John. Limits households to one residential lot. Sets forth requirements for the purchase of unoccupied lots, special use lands, and church land. Transfers all water rights to the Dutch John municipal water system to the County, subject to certain conditions. Requires the Secretary to consider issuance of a special use permit affording Flaming Gorge Reservoir public shoreline access and use within the vicinity of Dutch John in conjunction with commercial visitor facilities provided under such a permit. Directs the Secretary, before transfer or disposal of any land that contains cultural resources and may be eligible for listing on the National Register of Historic Places, to prepare a memorandum of agreement, for review and approval by the Utah Office of Historical Preservation and the Advisory Council on Historic Preservation, that contains a strategy for protecting or mitigating adverse effects on cultural resources. Conveys such land to the County upon completion of actions required under the agreement. Requires the Secretary of the Interior to provide training and transitional operating assistance to County personnel designated as successors to operators of conveyed infrastructure facilities. Provides for annual payments to the County, for up to 15 years, for purposes of defraying administrative transition costs. Makes available a limited amount of electric power and energy from the Colorado River Storage Project for the Dutch John community. Authorizes appropriations.
Bill· SS. 893 (105th)referred
United States · United States Congress · 12 June 1997
Requires the Secretary of Agriculture to convey specified land in Dos Palos, California, to the Dos Palos Ag Boosters for use as a farm school. States that upon request of the Boosters such conveyance may be made to the Dos Palos School District. Requires, as compensation, that the transferee pay to the Secretary the fair market value of the land conveyed. Directs the Secretary to determine the fair market value.
Law· HRH.R. 1871 (105th)enacted
United States · United States Congress · 12 June 1997
TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations for the Department of Defense Chapter 1: Department of Defense - Military Chapter 2: Rescissions Chapter 3: General Provisions - This Title Title II: Emergency Supplemental Appropriations for Recovery from Natural Disasters Chapter 1: Department of Agriculture Chapter 2: Department of Commerce Chapter 3: Department of Defense - Civil Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Congressional Operations Chapter 8: Department of Transportation Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Offsets and Rescissions Title III: General Provisions - This Act Title IV: Cost of Higher Education Review Title V: Depository Institution Disaster Relief Title VI: Technical Amendments With Respect To Education Title VII: Food Stamp Program Title VIII: 2000 Decennial Census 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia - Title I: Emergency Supplemental Appropriations for the Department of Defense - Chapter 1: Department of Defense - Military - Makes emergency supplemental appropriations to the Department of Defense (DOD) - Military for: (1) military personnel, Army, Navy, Marine Corps, and Air Force; (2) operation and maintenance (O&M), Overseas Contingency Operations Transfer Fund; (3) OPLAN 34A-35 prisoner-of-war (P.O.W.) payments to individuals; and (4) the Reserve Mobilization Income Insurance Fund. (Sec. 101) Directs the Secretary of the Navy to transfer specified funds to reimburse costs incurred for repairing damage caused by hurricanes, flooding, and other natural disasters during 1996 and 1997 to real property and facilities at Marine Corps facilities (including Camp Lejeune and Cherry Point, North Carolina; and the Mountain Warfare Training Center, Bridgeport, California). (Sec. 102) Makes additional appropriations for: (1) direct patient care at military treatment facilities; (2) force protection and counter-terrorism activities; and (3) a grant to the American Red Cross for armed forces emergency services. (Sec. 105) Requires the President to submit to the Congress a report on the estimated cumulative cost of all U.S. activities relating to Bosnia after December 1, 1995, and a detailed accounting of the source of funds to meet such costs. (Sec. 106) Makes additional appropriations to cover incremental O&M costs from hurricane damage to family housing units at Marine Corps Base Camp Lejeune and Marine Corps Air Station Cherry Point, North Carolina. Chapter 2: Rescissions - Rescinds specified funds provided in the Department of Defense Appropriations Act, 1997 for: (1) military personnel of the Army, Navy, Marine Corps, and Air Force; (2) O&M for the Army, Navy, Marine Corps, and Air Force as well as defense-wide O&M; (3) environmental restoration by the Army, Navy, and Air Force, as well as defense-wide environmental restoration and environmental restoration of formerly used defense sites; (4) former Soviet Union threat reduction; (5) the National Defense Sealift Fund; (6) the Defense Health Program; and (7) drug interdiction and counter-drug activities. Rescinds funds made available in such Act and certain other defense appropriations Acts for: (1) various types of procurement, including aircraft, missile, weapons, tracked combat vehicles, shipbuilding and conversion, and ammunition, by various branches of the armed forces; (2) National Guard and reserve equipment; (3) armed forces research, development, test and evaluation; and (4) chemical agents and munitions destruction. (Sec. 201) Rescinds specified amounts of the funds appropriated in specified categories in: (1) the Military Construction Appropriations Act, 1996, including the Base Realignment and Closure Account; (2) the Military Construction Appropriations Act, 1997; and (3) the Military Construction Appropriations Act, 1995. Chapter 3: General Provisions - This Title - Directs DOD to report to the congressional defense committees prior to transferring management, development, and acquisition authority over the National Missile Defense Program from the military services. Requires the Joint Requirements Oversight Council to submit recommendations to such committees on the future roles of the military services with respect to such program. (Sec. 302) Authorizes the incumbent to continue to serve as the Secretary of Defense designee on the Board of the Panama Canal Commission if he retires as an officer of DOD, until and unless the Secretary designates another person to serve in this position. (Sec. 303) Authorizes the Secretary to enter into an agreement, which meets certain requirements, for the lease of a specified building at the Lexington Blue Grass Station, Lexington, Kentucky, and any associated real property, for use by the Defense Finance and Accounting Service. (Sec. 304) Authorizes the continuing obligation and expenditure of certain funds appropriated for Navy weapons procurement that were obligated and expended to settle claims on the MK-50 torpedo program. (Sec. 305) Prohibits the use of any DOD funds to pay the cost of operating a National Missile Defense Joint Program Office which includes more than 55 military and civilian personnel located in the National Capital Region. (Sec. 306) Requires the merger of certain National Aeronautics and Space Administration (NASA) and Air Force funds for obligation only on Titan IV vehicles and related activities. Title II: Emergency Supplemental Appropriations for Recovery From Natural Disasters - Chapter 1: Department of Agriculture - Makes emergency appropriations for FY 1997 with respect to flood and other natural disaster costs to the Department of Agriculture for: (1) the Farm Service Agency's Agricultural Credit Insurance Fund Program Account for the additional cost of certain emergency insured and operating loans (including loan modifications); (2) the Emergency Conservation Program for expenses, including carcass removal; (3) the Tree Assistance Program for assistance to small orchardists to replace or rehabilitate disaster-damaged trees and vineyards; and (4) the Commodity Credit Corporation Fund, Disaster Reserve Assistance Program, to implement a livestock indemnity program. Makes such appropriations to: (1) the Natural Resources Conservation Service, for watershed and flood prevention operations to repair damages to the waterways and watersheds; (2) the Rural Housing Service, Rural Housing Insurance Fund Program Account, for the cost of specified loans and domestic farm labor grants for emergency expenses; and (3) the Rural Utilities Service, Rural Utilities Assistance Program, for the cost of direct loans, loan guarantees, and grants for emergency expenses. Bars the use of watershed and flood prevention funds for the salmon memorandum of understanding. Authorizes the use of certain community facility grants for the Rural Housing Assistance Program for expenses resulting from natural disasters. Makes additional funds available for the Food and Consumer Service's Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) under the Child Nutrition Act of 1966. (Sec. 1001) Directs the Secretary of Agriculture to collect and disseminate weekly statistically reliable information on bulk cheese prices. Chapter 2: Department of Commerce - Makes emergency appropriations for FY 1997 to the Department of Commerce for: (1) the Economic Development Administration's economic development assistance programs for emergency infrastructure expenses; (2) the National Institute of Standards and Technology for new grants for industrial technology services under the Advanced Technology Program; and (3) the National Oceanic and Atmospheric Administration (NOAA) for disaster assistance related to recent flooding and red tide and for emergency construction expenses resulting from flooding and other natural disasters. Makes additional amounts available to implement the Magnuson-Stevens Fishery Conservation and Management Act. Makes additional appropriations for the Commission on the Advancement of Federal Law Enforcement. (Sec. 2001) Earmarks a specified amount from the Counterterrorism Fund of the Department of Justice for allocation to the appropriate unit or units of government in Ogden, Utah, for necessary expenses to counter any potential terrorism threat related to the 2002 Winter Olympic games. (Sec. 2002) Amends the Small Business Competitiveness Demonstration Program Act of 1988 to extend to the end of FY 1997 the authorization of the program for expanding small business participation in dredging. (Sec. 2003) Amends the Marine Mammal Protection Act of 1972 to establish certain Good Samaritan exemptions from specified violations. (Sec. 2004) Authorizes the Secretary of Commerce to reprogram a limited amount of funds provided for NOAA satellite observing systems for other NOAA programmatic and operational requirements, provided certain notification requirements are met. Chapter 3: Department of Defense - Civil - Makes emergency appropriations for FY 1997, with respect to emergency expenses due to flooding and other natural disasters, to DOD, Army Corps of Engineers - Civil for: (1) flood control, Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (2) general O&M (with earmarked funds for an interagency management plan and other activities related to water allocation in the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins, subject to certain restrictions); and (3) flood control and coastal emergencies. Makes emergency appropriations for FY 1997, with respect to flood and other natural disaster costs, to the Department of the Interior's Bureau of Reclamation (BLM) for O&M. (Sec. 3001) Makes the U.S. members and the alternate members, appointed under the Susquehanna River Basin Compact and the Delaware River Basin Compact, officers of the Army Corps of Engineers, who hold presidential appointments as regular Army officers with Senate confirmation, and serve without additional compensation, and at the President's pleasure. (Sec. 3002) Authorizes the Secretary of the Interior to obligate a limited amount of funds for carrying out construction for safety purposes to modify the Willow Creek Dam, Sun River Project, Montana. (Sec. 3003) Defers specified consultation and conferencing requirements under the Endangered Species Act of 1973 for certain emergency flood control projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Authorizes the President to waive certain minimum funding requirements under provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 with respect to assistance for Ukraine if he reports to the Appropriations Committees that Ukraine: (1) has not made progress toward comprehensive economic reform; (2) is not taking steps to ensure that U.S. businesses and individuals are able to operate according to generally accepted business principles; or (3) is not taking steps to cease the illegal dumping of steel plate. Chapter 5: Department of the Interior - Makes emergency appropriations for FY 1997 to the Department of the Interior for: (1) BLM flood damage repair and other activities for Oregon and California Grant Lands; (2) U.S. Fish and Wildlife Service resource management, construction, and land acquisition; (3) National Park Service emergency expenses and construction; (4) the U.S. Geological Survey; and (5) the Bureau of Indian Affairs. Makes such appropriations for emergency expenses of the Forest Service and the Indian Health Service. (Sec. 5001) Amends the Department of the Interior and Related Agencies Appropriations Act, 1996 (part of the Omnibus Consolidated Rescissions and Appropriations Act of 1996) to revise the formula for distribution of amounts collected under the recreational fee demonstration program. (Sec. 5003) Amends the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to extend its expiration date from June 30, 1997, through March 31, 1999, or, if before that date a Settlement Agreement between the San Carlos Apache Tribe and Phelps Dodge Corporation is submitted for approval to the Superior Court of Arizona in and for Maricopa County, through December 31, 1999. Extends the Tribe's Central Arizona Project water lease authority to Gila, Graham, and Greenlee Counties. Makes the Gila Valley and Franklin Irrigation Districts parties to the Settlement Agreement. Directs the United States, through the BLM, to operate and maintain the Black River facilities, and to contract for delivery of water at Eagle Creek to Phelps Dodge for a specified monthly fee in addition to a specified monthly power line right-of-way fee. Sets forth provisions for a final agreement between Phelps Dodge and the San Carlos Apache Tribe under which the Tribe will operate the facilities and receive payment for leased water. Ratifies the agreement between the Tribe, Phelps Dodge, and the Secretary of the Interior. (Sec. 5004) Amends the Marine Mammal Protection Act of 1972 to modify requirements for the importation of polar bear parts from polar bears legally harvested in Canada before the date of enactment of the Marine Mammal Protection Act Amendments of 1994. Chapter 6: Department of Health and Human Services - Amends specified Federal law relating to appropriations to provide for additional amounts for: (1) the Department of Health and Human Services (HHS), the Health Resources and Services Administration's Health Education Assistance Loans Program; (2) the Public Health and Social Services Emergency Fund for priority health research; and (3) the Department of Education, Education for the Disadvantaged programs under the Elementary and Secondary Education Act of 1965. Makes funds available for the National Commission on the Cost of Higher Education. (Sec. 6001) Extends through FY 1998 the availability, to recipients in presidentially-declared disaster areas declared during FY 1997, of certain funds awarded for State-administered programs of the Department of Education for FY 1995 (and for FY 1996, with respect to such programs under the Rehabilitation Act). (Sec. 6002) Authorizes the Secretary of Education, with respect to student aid awards for award years 1996-1997 and 1997-1998, to waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 to assist individuals and other program participants who suffered financial harm from natural disasters. (Sec. 6003) Prohibits the use of any funds to administer or implement in Denver, Colorado, a Medicare Competitive Pricing-Open Enrollment Demonstration program. (Sec. 6004) Provides for emergency use of certain child care funds. Authorizes eligible State Governors, for a limited time period, to use amounts received for the provision of child care assistance or services under the Child Care and Development Block Grant Act of 1990 to provide emergency child care services to eligible individuals. Bases State eligibility on the President's determination, pursuant to specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that a major disaster exists, or that an area within the State is determined to be eligible for disaster relief under other Federal law by reason of damage related to flooding in 1997. Bases individual eligibility on: (1) residence within such an area where a major disaster exists, or which is so eligible for disaster relief; and (2) involvement in unpaid work activities (including the cleaning, repair, restoration, and rebuilding of homes, businesses, and schools) resulting from such flood emergency. Sets forth limitations and priorities with respect to such assistance. (Sec. 6005) Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend certain redetermination provisions for the supplementary security income (SSI) program. Chapter 7: Congressional Operations - Makes supplemental appropriations for an additional amount for expenses of the Office of the Secretary of the Senate, to carry out specified provisions of the Legislative Branch Appropriations Act, 1997. Provides an amount for payment to the children of Frank Tejeda, the late Representative from the State of Texas. Makes additional amounts available for salaries and expenses of the Botanic Garden for emergency repair and renovation of the conservatory. (Sec. 7001) Amends the Legislative Branch Appropriation Act, 1968 to make a specified limitation on the minimum rate of gross compensation inapplicable to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate. (Sec. 7002) Authorizes the Sergeant at Arms and Doorkeeper of the Senate, with the approval of the Committee on Rules and Administration, to provide additional facilities, services, equipment, and office space for use by a Senator in that Senator's State in connection with a presidentially-declared disaster or emergency. (Sec. 7003) Allows the transfer of a limited amount of funds for the expense allowance of the Secretary of the Senate. (Sec. 7004) Authorizes the Comptroller General to use available funds to enter into contracts for the acquisition of severable services for periods that begin in one fiscal year and end in another and to enter into specified multiyear contracts to the same extent as agencies under the authority of the Federal Property and Administrative Services Act. Chapter 8: Department of Transportation - Makes supplemental appropriations to the Department of Transportation for: (1) Coast Guard retired pay and for operating expenses directly related to support activities in the TWA Flight 800 crash investigation; (2) Federal Highway Administration, Federal-Aid Highways and for the Emergency Relief Program; and (3) the Federal Railroad Administration, to repair and rebuild freight rail lines of regional and short line railroads damaged by floods (with earmarks for West Virginia and the northern Plains States). Makes such appropriations to the National Transportation Safety Board for: (1) emergency expenses resulting from the crashes of TWA Flight 800, ValuJet 592, and Comair Flight 3272; and (2) assistance to families of victims of aviation accidents. (Sec. 8003) Authorizes additional appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1997 for grants to States for alcohol-impaired driving countermeasures. (Sec. 8004) Extends through FY 1997 the authorization of appropriations for the National Driver Register. Chapter 9: Department of the Treasury - Makes supplemental appropriations to the Department of the Treasury. Authorizes the Secretary of Treasury to use the law enforcement services, personnel, equipment, and facilities of the State of Colorado and of the county and city of Denver for security arrangements for the Denver Summit of Eight. Makes supplemental appropriations to: (1) the Customs Service for the automated targeting system with respect to counterterrorism and drug law enforcement; and (2) the Postal Service Fund, for revenue foregone on free and reduced rate mail for specified purposes. (Sec. 9001) Authorizes the Administrator of General Services (GSA) to obligate specified appropriations for construction of the Montgomery, Alabama, courthouse. (Sec. 9002) Prohibits the use of funds by GSA to implement certain cooperative purchasing provisions of the Federal Acquisition Streamlining Act of 1994 prior to the adjournment of the first session of the 105th Congress. (Sec. 9003) Prohibits the Bureau of Engraving and Printing from awarding a contract for the procurement of distinctive currency paper until the General Accounting Office has completed an analysis of the optimum circumstances for procuring such paper. Limits the term of the bridge contract with respect to such paper to 24 months and requires the Secretary of the Treasury to make certain certifications concerning the price and terms of the agreement. (Sec. 9004) Amends specified Federal civil service law to authorize and establish a leave transfer program in disasters and emergencies. Chapter 10: Department of Veterans Affairs - Makes additional amounts available for: (1) the Veterans Benefits Administration for compensation and pensions; and (2) the Department of Housing and Urban Development (HUD) for preserving existing housing investment, capacity building for community development and affordable housing, and for community development block grants for activities in communities affected by disasters in the upper Midwest. Authorizes appropriations for the construction of a parking garage at the Department of Veterans Affairs medical center in Cleveland, Ohio. Earmarks amounts of assisted housing special purpose grants for acquiring parking and restoring a theater in Ashland, Kentucky. Requires the HUD Secretary to enter into a contract with the National Academy of Public Administration for an evaluation of HUD's management systems. Directs the Environmental Protection Agency (EPA), from previous appropriations for the Center for Ecology Research and Training (CERT), to obligate the maximum amount of funds necessary to settle all outstanding CERT-related claims against the EPA pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Authorizes EPA, from any unobligated balances then remaining, to make grants to Bay City, Michigan, for the purpose of EPA-approved environmental remediation and rehabilitation of publicly owned real property included in the boundaries of the CERT project. Authorizes the use of a specified amount of funds for grants to States and federally recognized tribes for multi-media or single media pollution prevention, control, and abatement for direct implementation by the Federal Government of programs required in absence of acceptable State or tribal programs. Makes additional funds available to the Federal Emergency Management Agency (FEMA) for disaster relief. Conditions the availability of a portion of such funds on the submission by the FEMA Director of a legislative proposal to control disaster relief expenditures, including the elimination of funding for certain revenue producing facilities. Authorizes transfer of a specified amount of FEMA disaster relief funds to the Disaster Assistance Direct Loan Program for the cost of direct loans under certain provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, under specified conditions. (Sec. 10001) Directs the HUD Secretary to submit semi-annually to the Appropriations Committees a list of all contracts and task orders in excess of $250,000 entered into by HUD, the Government National Mortgage Association (Ginnie Mae), and the Office of Federal Housing Enterprise Oversight in the preceding six months. (Sec. 10002) Amends the United States Housing Act of 1937 to revise certain time periods relating to notice requirements for terminating section 8 housing contracts. (Sec. 10003) Amends the Multifamily Housing Finance Improvement Act, under specified provisions of the Housing and Community Development Act of 1992, to revise limitations on the Secretary of HUD's mortgage insurance authority to allow commitments with respect to a limited number of additional units during FY 1997. (Sec. 10005) Amends the National Housing Act to authorize HUD mortgage insurance for condominiums in an amount up to 100 percent of appraised value where a mortgagor establishes that the home was destroyed or damaged as a result of a major disaster. Chapter 11: Offsets and Rescissions - Sets forth offsets with respect to the Fund for Rural America and the Food and Consumer Service's emergency food assistance program. Prohibits the use of Department of Agriculture funds under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1997 to pay the personnel salaries and expenses above specified levels to carry out: (1) a combined program for export credit guarantees, supplier credit guarantees, and emerging democracies facilities guarantees; and (2) an export enhancement program. Rescinds specified funds available for: (1) the Department of Justice for the Working Capital Fund, the Assets Forfeiture Fund, and Immigration and Naturalization Service construction; (2) the National Institute of Standards and Technology for the Advanced Technology Program; (3) the Federal Communications Commission; (4) the Ounce of Prevention Council; (5) the Department of Energy for energy supply and research and development activities, power marketing administrations, clean coal technology, and the Strategic Petroleum Reserve; (6) the Department of HHS for job opportunities and basic skills; (7) the Department of Transportation for grants-in-aid for airports, highway traffic safety grants, and other Highway Trust Fund monies; (8) GSA presidential transition expenses; (9) HUD assisted housing programs; and (10) NASA. Title III: General Provisions - This Act - Provides that no appropriation made in this Act shall remain available beyond the current fiscal year unless otherwise provided. (Sec. 30002) Sets forth Buy-American requirements. Title IV: Cost of Higher Education Review - Cost of Higher Education Review Act of 1997 - Establishes a National Commission on the Cost of Higher Education to study and make recommendations regarding: (1) the increase in tuition compared with other commodities and services; (2) innovative methods of reducing or stabilizing tuition; (3) the impact on tuition of specified trends in college and university costs, student financial aid, and government mandates and fiscal policies; (4) mechanisms for a more timely and widespread distribution of data on tuition trends and other costs of operating colleges and universities; and (5) the adequacy of existing Federal and State financial aid programs in meeting the costs of attending colleges and universities. (Sec. 40006) Authorizes appropriations for the Commission. Title V: Depository Institution Disaster Relief - Depository Institutions Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions, during specified limited periods, to the Truth in Lending Act for transactions, and to the Expedited Funds Availability Act for depository institution offices, within a major disaster area or an area eligible for disaster relief because of the recent flooding of the Red River of the North, the Minnesota River, and their tributaries. (Sec. 50003) Authorizes the appropriate Federal banking agency to permit, for a specified time period, certain insured depository institutions, in or involved with such area, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds. (Sec. 50004) Authorizes qualifying regulatory agencies to take specified actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within such area. (Sec. 50005) Expresses the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions to meet the financial services needs of their communities and customers located in areas affected by the 1997 flooding of the Red River of the North, the Minnesota River, and their tributaries. Expresses the sense of the Congress that each Federal financial institutions regulatory agency should make exceptions to the appraisal standards prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 for transactions involving institutions located in disaster areas if the exceptions can be expected to alleviate hardships to the public resulting from such disasters. Title VI: Technical Amendments With Respect to Education - Amends the Higher Education Act of 1965 to make certain technical corrections relating to graduation rates data disclosures. (Sec. 60002) Amends the Elementary and Secondary Education Act of 1965 (ESEA) to extend from January 1, 1998, to January 1, 1999, the deadline for a final report by the Secretary of Education on a national assessment of programs assisted under ESEA title I, Helping Disadvantaged Children Meet High Standards. (Sec. 60003) Directs the Secretary to deem Kansas and New Mexico as having timely submitted certain written notices of intent to consider specified impact aid payments under ESEA in providing State aid to local educational agencies (LEAs) for school year 1997-1998. Authorizes the Secretary to require these States to submit appropriate additional information, which shall be considered part of such notice. (Sec. 60004) Provides that no eligible LEA shall receive less than 85 percent of the FY 1996 amount in a specified hold-harmless impact aid payment for each of FY 1997 through 2000. (Sec. 60005) Revises requirements for the Secretary's use of data in providing additional assistance for heavily impacted LEAs, to specify that the student and revenue data used be expenditure data. Repeals the requirement that the Secretary use the most recent data available adjusted to the fiscal year in question. Title VII: Food Stamp Program - Amends the Food Stamp Act of 1977 to grant States an option to issue food stamp benefits to certain individuals made ineligible by welfare reform. Title VIII: 2000 Decennial Census - Directs the Department of Commerce to provide to the Congress a comprehensive plan outlining its proposed methodologies for conducting the 2000 decennial census and available methods for conducting an actual enumeration of the population.
Bill· SS. 881 (105th)open
United States · United States Congress · 11 June 1997
Warner Canyon Ski Hill Land Exchange Act of 1997 - Requires the Secretary of Agriculture to convey specified Federal lands within the Warner Canyon Ski Area of the Freemont National Forest to Lake County, Oregon, in exchange for certain lands owned by such County located within the Hart Mountain National Wildlife Refuge.
Bill· HRH.R. 1864 (105th)referred
United States · United States Congress · 11 June 1997
Amends the Agricultural Market Transition Act to: (1) reduce the loan rate for quota peanuts by specified amounts through crop year 2001; and (2) eliminate peanut price supports as of crop year 2002. Amends: (1) the Agricultural Adjustment Act of 1938 to eliminate peanut marketing quota provisions as of crop year 2002; and (2) the Agricultural Act of 1949 to make conforming amendments. Prohibits the Secretary of Agriculture (Secretary) from providing any subsequent peanut price supports. Directs the Secretary to make nonrecourse loans and loan deficiency payments available to peanut producers beginning with crop year 2002. Sets forth: (1) loan rate, term, and repayment provisions; and (2) deficiency computation provisions.