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Bill· SS. 158 (105th)referred
United States · United States Congress · 21 January 1997
Amends title XVIII (Medicare) of the Social Security Act to provide for reimbursement of covered clinical social worker services according to a new reimbursement methodology similar to the one currently used for other health care professionals. Provides coverage and reimbursement under the new methodology for supplies furnished incident to such services. Excludes the services of clinical social workers from the definition of "inpatient hospital services" for purposes of Medicare.
Bill· SS. 148 (105th)referred
United States · United States Congress · 21 January 1997
Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effects prevention program, including an education and public awareness program, an applied epidemiologic research and prevention program, support for and the conducting of basic research, a procedure for disseminating diagnostic criteria, and an Inter-Agency Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effects. Mandates establishment of a collaborative program to conduct and support research, training, and dissemination of information regarding the cause, prevention, diagnosis, and treatment of Fetal Alcohol Syndrome and Fetal Alcohol Effects. Provides for related technical assistance, grants, cooperative agreements, contracts, and professional education. Authorizes appropriations.
Bill· SS. 128 (105th)referred
United States · United States Congress · 21 January 1997
Rural Preventive Health Care Training Act of 1997 - Amends the Public Health Service Act to authorize grants and contracts to provide preventive health care training to health care practitioners practicing in rural areas. Requires that the training, to the extent practicable, include training to prevent both physical and mental disorders. Authorizes appropriations.
Bill· SS. 120 (105th)referred
United States · United States Congress · 21 January 1997
Amends the Public Health Service Act to make certain graduate programs in clinical psychology eligible to participate in various health professions loan programs.
Bill· SS. 157 (105th)referred
United States · United States Congress · 21 January 1997
Amends title XIX (Medicaid) of the Social Security Act to provide for coverage of nursing school clinic services.
Bill· SS. 149 (105th)referred
United States · United States Congress · 21 January 1997
Amends the National Narcotics Leadership Act of 1988 to set forth qualifications for the Deputy Director of Demand Reduction in the Office of National Drug Control Policy.
Bill· SS. 102 (105th)referred
United States · United States Congress · 21 January 1997
Medicare Diabetes Education and Supplies Amendments of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of diabetes outpatient self-management training services and blood-testing strips for individuals with diabetes.
Bill· SS. 159 (105th)referred
United States · United States Congress · 21 January 1997
Amends title XVIII (Medicare) of the Social Security Act to remove the restriction that a clinical psychologist or clinical social worker provide services in a comprehensive outpatient rehabilitation facility to a patient only under the care of a physician.
Bill· SS. 88 (105th)referred
United States · United States Congress · 21 January 1997
Improved Patient Access to Clinical Studies Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit a group health plan and a health insurance issuer offering coverage in connection with a group health plan from denying, limiting, or imposing additional conditions on coverage if: (1) the enrollee is participating in an approved clinical study; (2) the items and services are furnished according to the study's design or to treat conditions resulting from study participation; and (3) the items and services would otherwise be covered. Amends the Public Health Service Act to apply that prohibition to coverage offered by an issuer in the individual market.
Bill· SS. 90 (105th)referred
United States · United States Congress · 21 January 1997
Breast Cancer Screening Act of 1997 - Directs the Director of the National Cancer Institute to: (1) conduct adequately designed studies to determine the benefit of screening women ages 40-49 through mammography and other emerging technologies; and (2) reissue the guideline rescinded in 1993 for mammography for women ages 40-49; or (3) amend the Institute statement of scientific fact on breast cancer screening to clearly state that the uncertainty of evidence for women in this age group is due to the limitations of existing studies (as of the date of issuance of the statement); and (4) direct the public to consider guidelines issued by other organizations.
Bill· SS. 147 (105th)referred
United States · United States Congress · 21 January 1997
Medicaid Substance Abuse Treatment Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage. Requires that such coverage continue for at least 12 months, except in certain circumstances, such as where the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility. Allows a State agency to grant exceptions to such limit. Prohibits the facility from being licensed as a hospital. Caps the number of nationwide beds for which Federal assistance may be provided under such residential treatment programs. Increases such annual bed cap for calendar years 1998 through 2002. Addresses treatment needs of pregnant addicted Indian and Alaska Native women in Indian Health Service areas.
Bill· SS. 86 (105th)referred
United States · United States Congress · 21 January 1997
Consumer Involvement in Breast Cancer Research Act - Amends the Public Health Service Act to require the National Cancer Institute, to the extent practicable, to increase the involvement of people who are accountable to, represent, and report back to organizations that represent those affected by breast cancer in decision making at the Institute regarding breast cancer.
Bill· SS. 125 (105th)referred
United States · United States Congress · 21 January 1997
Federal Medical Assistance Percentage Equity Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to increase the minimum Federal medical assistance percentage for any State or territory under the Medicaid program by ten percentage points to not less than 60 percent.
Bill· SS. 143 (105th)referred
United States · United States Congress · 21 January 1997
Breast Cancer Patient Protection Act of 1997 - Amends the Public Health Service Act to prohibit group health plans and health insurance issuers offering group health insurance coverage, with regard to hospital stays in connection with breast cancer treatment, from: (1) covering less than 48 hours after mastectomies or less than 24 hours after lymph node dissections; or (2) requiring plan or issuer authorization for prescribing any length of stay. Prohibits: (1) denying eligibility, enrollment, or renewal to avoid these requirements; (2) providing payments or rebates to women; or (3) penalizing or providing incentives to providers. Applies the same requirements to issuers in the individual market.
Bill· SS. 113 (105th)referred
United States · United States Congress · 21 January 1997
Amends the Public Health Service Act to provide for grants and contracts with eligible individuals and institutions to encourage the provision of psychological training and services in underserved treatment areas. Requires individuals to already possess a doctoral degree in psychology and agree to provide services in a medically underserved population during the grant and at least one year thereafter. Requires institutions to use amounts provided for fellowships to such individuals. Authorizes appropriations.
Bill· SS. 58 (105th)referred
United States · United States Congress · 21 January 1997
Amends title XIX (Medicaid) of the Social Security Act (SSA) to modify its estate recovery provisions to change from mandatory to discretionary the authority of a State to recover the costs of home and community-based services for individuals over age 55. Prohibits a nursing facility from receiving reimbursement under SSA title XVIII (Medicare), the Medicaid program, or any other Federal program for services furnished with respect to any beds first operated by such facility on or after the date of the enactment of this Act, unless a certificate of need is issued by the State with respect to them. Allows a State to issue such a certificate of need with respect to a geographic area only if the ratio of the number of nursing facility beds in such area to the total area population likely to need such beds is below the ratio included in guidelines the State must establish, with the approval of the Secretary of Health and Human Services.
Bill· SS. 119 (105th)referred
United States · United States Congress · 21 January 1997
Amends the Public Health Service Act to make disadvantaged students enrolled in social work programs eligible for scholarships. Makes schools offering social work programs eligible for assistance for certain disadvantaged faculty programs, programs to support excellence in health profession education for minorities, programs to support health career opportunities, and programs to support geriatric training projects. Authorizes grants to, or contracts with, hospitals, schools offering programs in social work, or other entities for the development of social work training programs and financial assistance to participants and teachers of such programs. Authorizes grants to, or contracts with, schools offering programs in social work to meet the costs of projects to establish or maintain administrative units to provide clinical instruction in social work. Authorizes and allocates appropriations. Adds "clinical social worker" to specified profession definitions under health maintenance organization provisions.
Bill· SS. 101 (105th)referred
United States · United States Congress · 21 January 1997
Domestic Violence Identification and Referral Act of 1997 - Amends the Public Health Service Act to give preference, in making grants or contracts under provisions relating to health professions education and provisions relating to nurse education, to certain health professions entities that train students in the identification, examination, treatment, and referral of victims of domestic violence.
Bill· SS. 40 (105th)referred
United States · United States Congress · 21 January 1997
Drug Use Prevention Act of 1997 - Amends: (1) the Social Security Act to exclude individuals and entities from participation in Medicare and State health care programs (participation) for administering, dispensing, or recommending the use of marihuana to an individual in violation of Federal or State law; and (2) the Controlled Substances Act (CSA) to direct the Attorney General to deny an application for registration, or revoke a registration, of a practitioner to dispense, or conduct research with, controlled substances upon a finding by the Attorney General that the applicant practitioner administered, dispensed, or recommended the use of marihuana to an individual in violation of Federal or State law or that the applicant practitioner has been excluded (or directed to be excluded) from participation for illegally dispensing marihuana. Deems a practitioner to have "recommended" the use of marihuana if he or she offered advice, or responded to a request for advice, suggesting the use of marihuana while acting in the course of his or her professional capacity. Amends the CSA to prohibit: (1) an individual from acquiring or obtaining possession of marihuana by means of claiming a medical need, with the intent of selling or distributing the marihuana; and (2) a practitioner from prescribing, dispensing, or recommending the use of marihuana. Directs that, in addition to any other applicable penalty, any practitioner who violates the CSA by prescribing, dispensing, or recommending the use of marihuana to a person under age 21 be sentenced to up to eight years' imprisonment, fined up to $60,000, or both.
Bill· SS. 91 (105th)referred
United States · United States Congress · 21 January 1997
Women's Health Office Act of 1997 - Amends the Public Health Service Act to establish in the office of the Secretary of Health and Human Services an Office on Women's Health. Includes in the Office's duties establishing: (1) a Department of Health and Human Services Coordinating Committee on Women's Health; and (2) a National Women's Health Information Center. Authorizes grants, cooperative agreements, contracts, and interagency agreements. Authorizes appropriations. Transfers to the Office all functions exercised by the Office on Women's Health of the Public Health Service. (Sec. 3) Establishes an Office of Women's Health in the Centers for Disease Control and Prevention. Includes in the Office's duties establishing a Coordinating Committee on Research on Women's Health. (Sec. 4) Establishes an Office of Women's Health in the Agency for Health Care Policy and Research. Includes in the Office's duties establishing a Coordinating Committee on Research on Women's Health. (Sec. 5) Amends title VII (Administration) of the Social Security Act to establish an Office of Women's Health in the office of the Administrator of the Health Resources and Services Administration. Includes in the Office's duties establishing a Coordinating Committee on Research on Women's Health. (Sec. 6) Amends the Federal Food, Drug, and Cosmetic Act to establish an Office of Women's Health in the Office of the Commissioner of the Food and Drug Administration. Includes in the Office's duties establishing a Coordinating Committee on Research on Women's Health.
Bill· SS. 87 (105th)referred
United States · United States Congress · 21 January 1997
Amends the Public Health Service Act to mandate, in the National Institutes of Health, a program regarding information on research, treatment, detection, and prevention regarding serious or life-threatening diseases and conditions. Requires, in carrying out that program, establishment of a data bank of information on clinical trials and treatments. Authorizes appropriations.
Bill· SS. 79 (105th)referred
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Punitive Damages Reform Title II: Joint and Several Liability Reform Title III: Civil Procedural Reform Title IV: Health Care Liability Reform Title V: Miscellaneous Provisions Civil Justice Fairness Act of 1997 - Title I: Punitive Damages Reform - Prohibits punitive damages in a civil action in any State or Federal court in which such damages are sought based on the same act or course of conduct for which punitive damages have already been sought or awarded against the defendant, with exceptions where the court determines that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, subject to specified limitations. (Sec. 103) Permits punitive damages, to the extent permitted by applicable Federal or State law, in any civil action in a Federal or State court against a defendant if the claimant establishes by clear and convincing evidence that the harm suffered was the result of conduct that is either specifically intended to cause harm or carried out with conscious, flagrant disregard for the rights or safety of other persons. Prohibits punitive damages in the absence of an award of compensatory damages exceeding nominal damages. Sets forth provisions regarding: (1) limits on punitive damage awards involving certain drugs and medical devices; (2) pleading of punitive damages; (3) bifurcation of trial at the defendant's request; and (4) limits on awards. Title II: Joint and Several Liability Reform - Provides that in any civil action for personal injury, wrongful death, or based upon principles of comparative fault, the liability of each defendant for noneconomic damages shall be several only and not joint. Makes each defendant liable only for the amount of noneconomic damages allocated to such defendant in direct proportion to such defendant's percentage of responsibility. Directs that a separate judgment be rendered against such defendant for that amount. Requires the trier of fact to determine the proportion of responsibility of each person for the claimant's harm whether or not such person is a party to the action. Specifies that this title shall not preempt or supersede any Federal or State law to the extent that such law would further limit the application of joint liability to any kind of damages. Title III: Civil Procedural Reform - Expresses the sense of the Congress that each State should require each attorney admitted to practice in such State to disclose in writing, to any client with whom such attorney has entered into a contingency fee agreement, the actual services performed, the precise number of hours expended, and whether a referral fee was paid. Directs the Attorney General to: (1) study and evaluate contingent fee awards and their abuses; (2) develop model State legislation; and (3) prepare and disseminate to State authorities the findings made and model legislation developed. (Sec. 302) Amends: (1) rule 702 of the Federal Rules of Evidence regarding expert testimony; and (2) rule 68 of the Federal Rules of Civil Procedure regarding offers of judgment or settlement. Title IV: Health Care Liability Reform - Provides that in any health care liability action, in addition to actual damages, punitive damages, or both, a claimant may be awarded noneconomic damages in an amount not to exceed $250,000, regardless of the number of parties against whom the action is brought or the number of claims or actions brought with respect to the health care injury. Prohibits an award for future noneconomic damages in such an action from being discounted to present value. Sets forth provisions regarding reductions in jury awards and applicability of this title. (Sec. 403) Establishes a two-year statute of limitations for the initiation of a health care liability action, with an exception for minors. (Sec. 404) Sets forth provisions regarding the periodic payment of future damages. (Sec. 405) Directs the Secretary of Health and Human Services to award grants to one or more States to establish demonstration projects under which the State establishes a no-fault medical liability system, subject to specified requirements. Authorizes appropriations. Title V: Miscellaneous Provisions - Specifies that this Act shall not provide a basis for Federal court jurisdiction under specified provisions.
Bill· SS. 67 (105th)referred
United States · United States Congress · 21 January 1997
Breast Cancer Research Extension Act of 1997 - Amends the Public Health Service Act to extend the authorization of appropriations for breast cancer research.
Bill· SS. 45 (105th)open
United States · United States Congress · 21 January 1997
Federal Adoption Services Act of 1997 - Amends the Public Health Service Act to permit family planning projects to offer adoption services. Requires such services to be nondiscriminatory as to race, color, religion, or national origin.
Bill· SS. 13 (105th)open
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Health Insurance Coverage for Eligible Children Title II: Health Insurance Coverage for Pregnant Women Title III: Children's Health Coverage Subsidy Credits Children's Health Coverage Act - Title I: Health Insurance Coverage for Eligible Children - Mandates establishment of a program of subsidies to children and their families for a portion of the child's health plan premium. Sets forth State responsibilities, including certification of plans and income verification. Requires each health insurance issuer that provides health coverage under contract with any Federal program and that offers family coverage to apply to the State insurance commissioner for certification. Makes a noncomplying issuer ineligible to provide benefits under a Federal contract. (Sec. 102) Sets forth procedures for obtaining coverage under certified plans. Requires payment of premiums to the State and from the State to the plans of enrollment. (Sec. 103) Regulates the subsidy percentage, basing it on family income as related to the poverty line. (Sec. 104) Prohibits, with regard to subsidy eligible children: (1) preexisting condition exclusions; (2) insurance issuer discrimination on the basis of health status (including medical condition, claims experience, genetic information, and disability); and (3) employment discrimination. (Sec. 105) Prohibits States from modifying eligibility under the State Medicaid program (title XIX of the Social Security Act) in any way that would reduce the eligibility of children for Medicaid coverage. (Sec. 106) Provides for Federal action if a State fails to carry out this title. Title II: Health Insurance Coverage for Pregnant Women - Mandates programs of: (1) grants to States to assist pregnant women in obtaining prenatal, perinatal, and postnatal care; and (2) categorical grants to States to assist children and pregnant women in obtaining health care services and coverage. Authorizes appropriations. Title III: Children's Health Coverage Subsidy Credits - Amends the Internal Revenue Code to allow a credit for the premium subsidies provided by an insurance issuer under this Act. Mandates transfer from the general fund to the Old-Age, Survivors and Disability Insurance Trust Funds and the Hospital Insurance Trust Fund of amounts sufficient to cover the decreased tax revenues resulting from the credit. (Sec. 302) Allows a credit for the premium subsidy determined under this Act.
Bill· SS. 15 (105th)open
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Crime Control Subtitle A: More Police Officers on the Beat Subtitle B: Violent Offender Incarceration and Truth in-Sentencing Grants Subtitle C: Domestic Violence Subtitle D: Assistance to Local Law Enforcement Title II: Youth Violence Control Subtitle A: Federal Juvenile Prosecutions Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders Subtitle C: Juvenile Gun Courts Subtitle D: Gang Violence Reduction Subtitle E: Rights of Victims in State Juvenile Courts Title III: Prevention and Treatment of Youth Drug Abuse and Addiction Subtitle A: Protecting Youth From Dangerous Drugs Subtitle B: Development of Medicines for the Treatment of Drug Addiction Subtitle C: Prevention and Treatment Programs Subtitle D: National Drug Control Policy Subtitle E: Penalty Enhancements Title IV: Protecting Youth From Violent Crime Subtitle A: Grants for Youth Organizations Subtitle B: "Say No to Drugs" Community Centers Act of 1997 Subtitle C: Missing Children Title V: Improving Youth Crime and Drug Prevention Subtitle A: Comprehensive Study of Federal Prevention Efforts Subtitle B: Evaluation Mandate for Authorized Programs Subtitle C: Elimination of Ineffective Programs Title VI: Extension of Violent Crime Reduction Trust Fund Youth Violence, Crime, and Drug Abuse Control Act of 1997 - Title I: Crime Control - Subtitle A: More Police Officers on the Beat - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) extend through FY 2002 the authorization of appropriations for public safety and community policing grants; and (2) limit to 20 percent of grant funds available in any fiscal year the amount authorized for grants for equipment, technology, and support systems. (Sec. 103) Authorizes the Attorney General (AG) to make grants to States, local governmental units, Indian tribes, other public and private entities, and multijurisdictional or regional consortia to encourage the use of, and to implement, 311 (as opposed to 911) nonemergency telecommunication systems for public safety. Authorizes appropriations from the Violent Crime Reduction Trust Fund (Fund) through FY 2002. Subtitle B: Violent Offender Incarceration and Truth-in- Sentencing Grants - Amends the Violent Crime Control and Law Enforcement Act of 1994 to revise the formula allocation between States and U.S. territories and possessions for technical assistance and training to entities receiving grants under either the Violent Offender Incarceration or Truth-in-Sentencing grant programs. Extends the authorization of appropriations under each such grant program through FY 2002. Subtitle C: Domestic Violence - Extends through FY 2002: (1) grants to combat violent crimes against women; (2) education and prevention grants to reduce sexual assaults against women; (3) the grant for a national domestic violence hotline; (4) grants for battered women's shelters; and (5) programs for victims of child abuse. Subtitle D: Assistance to Local Law Enforcement - Amends the Omnibus Crime Control and Safe Streets Act of 1968 and the Violent Crime Control and Law Enforcement Act of 1994 to extend through FY 2002 the funding for: (1) law enforcement family support; (2) rural drug enforcement and training; (3) DNA identification grants; (4) Byrne grants (law enforcement training and education); (5) technical automation grants; and (6) grants for State court prosecutors. Requires no less than 20 percent of the funds made available during FY 2001 and 2002 for the latter grant program to be used to provide increased resources to State juvenile courts, including its prosecutors, public defenders, and other juvenile court system participants. Title II: Youth Violence Control - Subtitle A: Federal Juvenile Prosecutions - Amends provisions concerning Federal juvenile prosecutions to require a predisposition report, which includes victim impact information, to be prepared by the probation officer and provided to the juvenile, his or her attorney, and the attorney for the government. Directs the juvenile court, after a dispositional hearing, to enter an order of restitution for the victim. Authorizes such court to suspend the findings of juvenile delinquency, place the juvenile on probation, commit the juvenile to official detention (including supervised release), and impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Provides the terms of probation, official detention, or supervised release for such juveniles. Excludes time spent in the custody of the AG for observation and study from time served for a juvenile offense. Authorizes the court, with respect to any juvenile prosecuted and convicted as an adult, to treat the conviction as an adjudication of delinquency and impose any disposition authorized for an adult offender. Requires: (1) a juvenile adjudicated for an act that, if committed by an adult, would be a felony to be fingerprinted and photographed; (2) such records to be sent to the Federal Bureau of Investigation (FBI); and (3) the court to transmit to the FBI information concerning the adjudication and sentence. (Sec. 203) Directs a juvenile court, in determining whether an information should be dismissed with or without prejudice, to consider the seriousness of the offense, the facts and circumstances leading to the dismissal, and the impact of a reprosecution on the administration of justice. Subtitle B: Assistance to States for Prosecuting and Punishing Youth Offenders - Authorizes the AG to make grants to assist States and local governments in planning, establishing, and operating secure facilities, staff-secure facilities, detention centers, and other correctional programs for violent juvenile offenders. Requires each facility or program funded under this subtitle to contain an evaluation component, developed under guidelines established by the AG, which includes outcome measures that may be used to determine the effectiveness of the funded programs. Requires periodic reviews and reports. Reserves a specified percentage of program funds for FY 1998 through 2002 for grants to Indian tribes for constructing correctional facilities and establishing correctional programs for the incarceration of tribal juvenile offenders. Requires a report from the AG to the Congress regarding the possible use of performance-based criteria in evaluating and improving the effectiveness of juvenile corrections facilities and programs. (Sec. 215) Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for: (1) providing juvenile courts with a range of sentencing options such that first time juvenile offenders face at least some level of punishment as a result of their initial contact with the juvenile justice system; and (2) increasing the sentencing options available to juvenile court judges so that juvenile offenders receive increasingly severe sanctions as the seriousness of their conduct increases and for each additional offense. Requires each applicant to submit a comprehensive implementation plan as part of such application. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of the total program costs. Requires reports and evaluations: (1) from grant recipients to the AG; and (2) from the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2001. Subtitle C: Juvenile Gun Courts - Authorizes the AG to make grants to States, State courts, local courts, local governments, and Indian tribes for court-based juvenile justice programs that target juvenile firearm offenders through the establishment of juvenile gun courts. Requires each applicant to submit a comprehensive implementation plan. Provides for grant award uses and limitations, with a Federal share limit of 90 percent of total program costs. Requires reports and evaluations as above. Authorizes appropriations from the Fund for FY 1998 through 2002. Subtitle D: Gang Violence Reduction - Part 1: Enhanced Penalties for Gang-Related Activities - Sets forth criminal penalties for anyone who travels in interstate or foreign commerce to recruit, solicit, induce, command, or cause to create, or attempt to create, a franchise of a criminal street gang. (Sec. 242) Includes franchising a criminal street gang as a "racketeering activity" for purposes of the Racketeer Influenced and Corrupt Organizations Act. (Sec. 243) Directs the United States Sentencing Commission (USSC) to provide an appropriate enhancement with respect to any offense committed in connection with, or in furtherance of the activities of, a criminal street gang if the defendant is a member of the gang at the time of the offense. (Sec. 244) Increases the penalties for using physical force to tamper with witnesses, victims, or informants. (Sec. 245) Sets forth criminal penalties for using or carrying a firearm during and in close proximity to (currently, in relation to) any crime of violence or drug trafficking. Directs the USSC to provide an appropriate sentence enhancement with respect to a defendant who discharges a firearm during or in close proximity to a crime of violence or drug trafficking. (Sec. 246) Increases the penalties for transferring a firearm to a minor for use in a crime. (Sec. 247) Eliminates any statute of limitations with respect to any offense punishable by death or for a Class A felony involving murder. (Sec. 248) Extends to ten years after the commission of the offense the statute of limitations with respect to a Class A felony that is a crime of violence or a drug trafficking crime. Part 2: Gang Paraphernalia - Authorizes the appropriate court to enter an order authorizing the installation and use by law enforcement personnel of a pen register or a trap and trace device within the jurisdiction of the court, or of a clone pager whose service provider is within the court's jurisdiction, if the court finds that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. Authorizes a Federal court to order a provider of a paging service or other person to furnish to appropriate law enforcement personnel all information, facilities, and technical assistance necessary to accomplish the operation and use of a clone pager unobtrusively and with a minimum of interference with normal service. (Sec. 252) Directs the USSC to provide an appropriate sentencing enhancement for any offense in which the defendant: (1) used body armor; (2) possessed a firearm equipped with a laser sighting device; or (3) possessed a firearm while another defendant possessed a firearm so equipped. Subtitle E: Rights of Victims in State Juvenile Courts - Directs the AG to establish guidelines for State programs to require: (1) prior to the disposition of adjudicated juvenile delinquents, that victims or their representatives are provided the opportunity to make a statement or present any relevant information; (2) that such victims be given notice of the disposition; and (3) that restitution to victims may be ordered as part of such a disposition. Requires State compliance with such requirements within three years, with an additional two-year extension authorized to be granted by the AG when a State is determined to be making a good faith effort to implement such requirements. Title III: Prevention and Treatment of Youth Drug Abuse and Addiction - Subtitle A: Protecting Youth from Dangerous Drugs - Directs the AG to add ketamine hydrochloride to schedule III of the Controlled Substances Act. Subtitle B: Development of Medicines for the Treatment of Drug Addiction - Part 1: Pharmacotherapy Research - Amends the Public Health Service Act to authorize appropriations from the Fund for FY 2001 and 2002 for the medication development program (a program providing research into medicines used to treat drug addiction). Part 2: Patent Protections for Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to: (1) authorize the sponsor of a drug for the treatment of an addiction to illegal drugs to request the Secretary of Agriculture for written recommendations for the investigation necessary for the approval or licensing of such drug; (2) authorize such a sponsor to request the Secretary to designate such drug as a drug for the treatment of addiction to illegal drugs; (3) provide exclusive approval or licensing of such drug as an unpatented drug for such purpose; and (4) provide open protocols for the clinical investigation of such drugs. Part 3: Encouraging Private Sector Development of Pharmacotherapies - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary to establish criteria for an acceptable drug for the treatment of an addiction to heroin and one for the treatment of an addiction to cocaine. Requires such criteria to be reviewed by specified congressional committees and published in the Federal Register. Authorizes the patent owner of a drug used for either such treatment to submit to the Secretary an application: (1) to contract to sell to the Secretary such patent rights; or (2) to enter into an exclusive licensing agreement with the Secretary for the manufacture and distribution of such drug. Provides for purchase amount limitations and the transfer of rights from the patent owner to the Secretary. Requires the Secretary, within 90 days after purchasing patent rights or entering into such an agreement, to develop a plan for the manufacture and distribution of such drug. Authorizes appropriations for FY 1998 through 2000. Subtitle C: Prevention and Treatment Programs - Part 1: Comprehensive Drug Education - Amends the Elementary and Secondary Education Act to extend through FY 2002 the authorization of appropriations from the Fund for the safe and drug-free schools and communities program. Part 2: Drug Courts - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2002 the authorization of appropriations for the drug courts program (a program providing continuing judicial supervision over non-violent offenders with substance abuse problems). (Sec. 362) Authorizes the AG to make grants to States, State courts, local courts and governments, and Indian tribes to establish programs that: (1) involve continuous early judicial supervision over juvenile offenders, other than violent juvenile offenders, with substance abuse or related problems; and (2) integrate administration of other sanctions and services, including testing, treatment, and diversion, probation, or other forms of supervised release. Requires the AG to issue regulations to ensure that such programs do not permit participation by violent offenders. Prohibits the Federal share of such programs from exceeding 75 percent of total program costs, with an authorized limit waiver by the AG. Requires the AG to ensure an equitable geographic distribution of grant awards, with a required specified allocation to Indian tribes. Requires annual reports to the AG from grant recipients. Authorizes the AG to provide technical assistance and training in furtherance of program goals and to carry out program evaluations. Provides for the reallocation of unawarded grant funds. Authorizes appropriations from the Fund for FY 1998 through 2002. Part 3: Drug Treatment - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment (Center) to award grants to, or enter into cooperative agreements with, public and nonprofit private entities to provide treatment to juveniles for substance abuse through programs in which the juveniles reside in facilities made available under the programs. Requires the inclusion by grant recipients of an individualized plan for the provision of services to the juvenile or young adult. Includes as eligible supplemental services under such programs hospital referrals, HIV and AIDS counseling, domestic violence and sexual abuse counseling, and preparation for reentry into society. Requires the appropriate State agency or Indian tribe to certify that the applicant has the capacity to carry out the program and meets certain other requirements. Outlines provisions with respect to: (1) applicants who are also Medicaid providers; (2) the provision of treatment for mental diseases; (3) matching fund requirements; (4) program outreach and accessibility; (5) continuing education for individuals providing such services; (6) the imposition of appropriate charges for such services; (7) applicant reports to the Center Director; and (8) required equitable geographic allocation of grant awards. Limits to five years the period during which payments may be made to any entity under a program. Requires annual Director approval of program payments. Requires the Director to conduct program evaluations and disseminate findings. Requires an initial and periodic reports from the Director to specified congressional committees describing the programs carried out under this Part. Authorizes appropriations for FY 1998 through 2002, including an authorization of appropriations from the Fund for the last two fiscal years. Requires the Secretary of Health and Human Services to make grants to established projects for the outpatient treatment of substance abuse among juveniles. Requires entities receiving such grants to engage in activities to prevent such abuse. Requires such Secretary to evaluate the projects and disseminate evaluation results. Subtitle D: National Drug Control Policy - Amends the National Narcotics Leadership Act of 1988 to extend through FY 2002 the authority for the Office of National Drug Control Policy (Office), as well as the authorization of appropriations for the Office. (Sec. 382) Requires the Office Director to conduct a study on the effect of the 1996 voter referenda in California and Arizona concerning the medicinal use of marijuana and other controlled substances on the general use of such substances in those States. Requires a Director report to specified congressional committees. Authorizes appropriations for FY 1998 and 1999. Subtitle E: Penalty Enhancements - Amends the Controlled Substances Act to increase the penalties for using Federal property to grow or manufacture controlled substances. Directs the USSC to provide an appropriate sentencing enhancement to ensure that such violations are punished substantially more severely than violations that do not occur on Federal property. Title IV: Protecting Youth from Violent Crime - Subtitle A: Grants for Youth Organizations - Authorizes the AG to make grants to States, Indian tribes and national nonprofit organizations in crime-prone areas (such as Boys and Girls Clubs and the 4-H) to: (1) provide constructive activities to youth during nonschool hours to prevent their criminal victimization; (2) provide supervised activities in safe environments to youth in crime-prone areas; (3) provide antidrug education to prevent youth drug abuse; (4) support police officer training and salaries and educational materials; or (5) provide constructive activities to youth in a safe environment through the use of parks and other public recreation areas. Requires annual reports from: (1) grant recipients to the AG; and (2) the AG to the Congress. Authorizes appropriations from the Fund for FY 1998 through 2002. Subtitle B: "Say No to Drugs" Community Centers Act of 1997 - Say No to Drugs Community Centers Act of 1997 - Authorizes the AG to make grants to certain AG-approved recipients to provide the following services to youth during after-school hours or summer vacations: (1) rigorous drug prevention education; (2) drug counseling and treatment; (3) academic tutoring and mentoring; (4) activities promoting interaction between youth and law enforcement officials; (5) vaccinations and other preventive health care; (6) sexual abstinence education; and (7) other activities and instruction to reduce youth violence and substance abuse. Specifies the Federal and non-Federal share of costs under the grant program, as well as grant allocation and reallocation requirements. Authorizes appropriations for FY 2001 and 2002 from the Fund. Subtitle C: Missing Children - Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to contract with the National Center for Missing and Exploited Children in order to provide a national 24-hour toll-free hotline and national resource center for use by missing children. (Currently, the hotline and resource center are required to be established and operated by such Administrator.) Title V: Improving Youth Crime and Drug Prevention - Subtitle A: Comprehensive Study of Federal Prevention Efforts - Directs the AG to enter into a contract with the National Academy of Science or, if the Academy declines, another public or nonprofit private entity to conduct a study to evaluate the effectiveness of federally funded programs for preventing youth violence, youth substance abuse, and the criminal victimization of juveniles. Outlines reporting requirements. Authorizes appropriations. Subtitle B: Evaluation Mandate for Authorized Programs - Directs the AG to provide for the comprehensive and thorough evaluation of the effectiveness of each program under titles II through IV of this Act, using independent evaluation and research criteria. Authorizes the AG to require grant recipients to comply with any information requirements under the mandate. Reserves a specified amount of the funds authorized for such programs to carry out the required evaluation and research. Subtitle C: Elimination of Ineffective Programs - Expresses the sense of the Senate that programs found ineffective under the study required under Subtitle A, above, in addressing juvenile crime and substance abuse should not receive Federal funding in any fiscal year following the issuance of such study. Title VI: Extension of Violent Crime Reduction Trust Fund - Amends the Violent Crime Control and Law Enforcement Act of 1994 and the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2002 the authorization of appropriations for the Fund. Reduces by specified amounts in FY 2001 and 2002 the discretionary spending limits set forth under the Congressional Budget Act of 1974.
Bill· SS. 3 (105th)open
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Transfer of Alien Prisoners Title II: Exclusionary Rule Reform Subtitle A: Exclusionary Rule Reform Subtitle B: Confession Reform Title III: Violent Crime, Drugs, and Terrorism Subtitle A: Criminal Penalties and Procedures Subtitle B: International Terrorism Subtitle C: Commissions and Studies Title IV: Community Protection Subtitle A: Law Enforcement Assistance Subtitle B: Citizens' Assistance Title V: Criminal Procedure Improvements Subtitle A: Equal Protection for Victims Subtitle B: Firearms Subtitle C: Federal Death Penalty Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors Title VII: Combating Violence Against Women and Children Subtitle A: General Reforms Subtitle B: Domestic Violence Title VIII: Violent Crime and Terrorism Subtitle A: Violent Crime and Terrorism Subtitle B: Courts and Sentencing Subtitle C: White Collar Crime Subtitle D: Miscellaneous Provisions Title IX: Prison Reform Subtitle A: Prison Litigation Reform Subtitle B: Federal Prisons Title X: Miscellaneous Provisions Title XI: Violent and Repeat Juvenile Offenders Subtitle A: Juvenile Justice Reform Subtitle B: Juvenile Gangs Subtitle C: Juvenile Crime Control and Accountability Omnibus Crime Control Act of 1997 - Title I: Transfer of Alien Prisoners - Transfer of Alien Prisoners Act of 1997 - Directs the Attorney General to begin transferring undocumented aliens who are incarcerated in the United States and whose convictions have become final to the custody of the government of the alien's country of nationality for service of the duration of the alien's sentence in that country, except for aliens who are nationals of a foreign country that the Secretary of State (Secretary) has determined has repeatedly provided support for acts of international terrorism. (Sec. 103) Directs the Secretary to: (1) renegotiate all treaties requiring the consent of such an alien to such a transfer; and (2) withdraw the United States as a party to any such treaty requiring such consent if the Secretary is unable to negotiate a new treaty that would go into effect by December 31, 1998. Specifies that the consent of an alien covered by this title shall not be required before such alien may be designated for transfer or before such alien may be transferred to the country of nationality of that alien. (Sec. 104) Directs the President, by March 1 of each year, to submit to the Congress: (1) a certification as to whether each foreign country has accepted, and has confined for the duration of their sentences, such persons; and (2) a report describing the operation of the provisions of this title, particularly with regard to the ten countries having the greatest number of their nationals incarcerated in the United States. (Sec. 107) Provides for the withholding of bilateral assistance, opposition to multilateral development assistance, and withholding of visas with respect to countries refusing to accept at least 75 percent of such nationals designated for transfer or to confine such persons for at least 85 percent of their sentences, with exceptions. Sets forth provisions regarding certification procedures, waivers, congressional review, and denial of assistance for countries decertified. (Sec. 108) Directs: (1) the Secretary to begin to negotiate and renegotiate bilateral prisoner transfer treaties; and (2) the President to submit to Congress an annual certification as to whether each such treaty in force is effective. Title II: Exclusionary Rule Reform - Subtitle A: Exclusionary Rule Reform - Exclusionary Rule Reform Act of 1997 - Amends the Federal criminal code (the code) to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that the search or seizure was in conformity with the Fourth Amendment. Specifies that the fact that evidence was obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of the existence of such circumstances. Prohibits the exclusion of evidence on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless the exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Provides that evidence which is otherwise excludable under such provision shall not be excludable where the search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the pertinent statute, administrative rule or regulation, or rule of procedure. Subtitle B: Confession Reform - Amends the code to direct the Attorney General to require the Department of Justice (DOJ) to enforce, and defend nationally, the legality of confession reform provisions and, specifically, to pursue the admission into evidence of confessions that are voluntarily given. Provides that, in determining the issue of voluntariness: (1) DOJ shall consider all the circumstances surrounding the confession; (2) the presence or absence of any of certain listed factors shall not be conclusive; and (3) the fact that the defendant had not been advised, prior to questioning, of his or her right to silence and to the assistance of counsel shall not be dispositive. Title III: Violent Crime, Drugs, and Terrorism - Drug Investigation Support and Antiterrorism Act of 1997 - Subtitle A: Criminal Penalties and Procedures - Amends the code to: (1) make it a Federal offense to murder a person during and in relation to any international Olympic Games held in the United States; and (2) include among "internationally protected persons" any participant or guest attending any international sporting event sponsored and sanctioned by the International or United States Olympic Committee. (Sec. 312) Directs the Attorney General to supervise other Federal authorities and personnel in the provision of security services (including conducting a comprehensive review of plans for the housing of athletes and other eligible guests) by establishing an Olympic Security Task Force. Sets forth provisions regarding task force composition, requests for assistance, agreements and regulations, and expedited review of housing arrangements. (Sec. 313) Amends: (1) the Antiterrorism and Effective Death Penalty Act of 1996 (Antiterrorism Act) to include within provisions regarding malicious destruction by fire or explosives specified activities against any institution or organization receiving Federal financial assistance; and (2) related provisions under the code to cover such activities at public places. (Sec. 314) Makes it a Federal offense to knowingly develop, produce, acquire, stockpile, retain, transfer, own or possess any chemical weapon without lawful authority. Sets forth provisions regarding jurisdiction, payment to the United States of incidental expenses incident to seizure or destruction, criminal forfeiture, warrants for seizure, forfeiture orders, execution of such orders, disposition of seized property, authority of the Attorney General, bars on intervention, jurisdiction to enter orders, depositions, third party interests, and substitute assets. Subtitle B: International Terrorism - Urges the President to commence diplomatic efforts to establish a multilateral sanctions regime against each country that the Secretary determines to have repeatedly provided support for acts of international terrorism. Directs the President to include in the annual report on patterns of global terrorism a description of the extent to which such efforts have been carried out, the degree of their success, and a plan of action for inducing each such country to cease support for acts of international terrorism. (Sec. 322) Amends the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 to require the annual country reports on terrorism to include with respect to each foreign country from which the U.S. Government has sought cooperation during the preceding five-year period in the investigation or prosecution of an act of international terrorism against U.S. citizens or interests, information on the extent to which the government of such country is cooperating with the U.S. Government in apprehending, convicting, and punishing each individual responsible and in preventing further acts of terrorism against U.S. citizens in the foreign country. (Sec. 323) Directs the Secretary to submit to specified congressional leaders annual classified and unclassified reports on international terrorism, including a detailed assessment of the efforts of individual countries to take effective action against countries determined to have repeatedly supported acts of international terrorism. (Sec. 324) Amends the State Department Basic Authorities Act of 1956 to replace the current Department of State rewards program with one under which the Secretary may pay a reward to any individual who furnishes information leading to: (1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a person or property, for conspiring or attempting to commit such act, for specified narcotics-related offenses, or for aiding or abetting the commission of such acts; or (2) the prevention, frustration, or favorable resolution of such acts. Sets forth provisions regarding coordination with DOJ. Authorizes appropriations. Sets limitations on rewards. Makes an officer or employee of a governmental entity who, while performing official duties, furnishes such information ineligible for a reward under this section. Sets forth reporting requirements. Excludes from judicial review determinations by the Secretary regarding whether to authorize, or the amount of, a reward. Urges the Secretary to pursue additional means of funding the program. Subtitle C: Commissions and Studies - Establishes the National Commission on Terrorism. Title IV: Community Protection - Community Protection Initiative of 1997 - Subtitle A: Law Enforcement Assistance - Amends the code to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed firearms. Subtitle B: Citizens' Assistance - Citizens' Assistance Act of 1997 - Grants congressional consent to States to enter into compacts or agreements for cooperative effort in enabling individuals to carry concealed firearms. (Sec. 423) Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to authorize State and local use of drug control and system improvement grant funds to train members of the public in the safe possession, ownership, handling, carrying, and use of firearms, subject to specified restrictions on the collection and use of data about any program participant; and (2) the Brady Handgun Violence Prevention Act to allow the sale, delivery, or transfer of a handgun to a person protected under a court order regarding harassment, stalking, threatening, or related conduct with respect to an intimate partner or such partner's child. Title V: Criminal Procedure Improvements - Subtitle A: Equal Protection for Victims - Amends: (1) rule 24 of the Federal Rules of Criminal Procedure (FRCP) to provide for six peremptory challenges by each side and rule 23 to allow six-member juries under specified circumstances; and (2) rule 404 of the Federal Rules of Evidence (FRE) to permit rebuttal of attacks on the victim's character. (Sec. 504) Amends the code to repeal a requirement that notice of release of prisoners be used only for law enforcement purposes. (Sec. 505) Amends the Federal judicial code regarding the balance in the composition of rules committees. Subtitle B: Firearms - Imposes the following minimum penalties: (1) five years for using or carrying a firearm during the commission of a Federal crime of violence or drug trafficking crime; (2) ten years if the firearm is discharged; and (3) life imprisonment or punishment by death if the death of a person results. (Sec. 522) Provides mandatory penalties of ten or twenty years' imprisonment, respectively, for firearms possession by persons with one or two prior convictions for violent felonies or serious drug offenses. (Sec. 523) Makes specified mandatory penalties applicable when firearms are used in connection with counterfeiting or forgery offenses. (Sec. 524) Prohibits possession of an explosive during the commission of a felony. (Sec. 525) Doubles the penalty for a second offense of using an explosive to commit a felony. (Sec. 526) Amends: (1) the Controlled Substances Import and Export Act (CSIEA) to require the court to sentence a person convicted of specified acts of international drug trafficking (importation offense) consisting of bringing into the United States a mixture or substance equal to 100 usual dosage amounts of such mixture or substance, to life imprisonment without possibility of release (or death, for repeat violations); and (2) the code to make a second or subsequent importation offense consisting of bringing a controlled substance into the United States an aggravating factor in determining whether a death sentence is justified. Subtitle C: Federal Death Penalty - Revises Federal death penalty standards and procedures, including by requiring the jury (or the court, as applicable) in determining whether a death sentence is justified, to consider and determine (as an aggravating factor) whether the defendant: (1) used or possessed a firearm during and in relation to the commission of the offense or in escaping or attempting to escape apprehension; or (2) has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than one year involving the use of a firearm against another person. Requires the defendant to give notice of mitigating factors that will be relied upon in a capital sentencing hearing. Permits the information presented by the Government in support of factors concerning the effect of the offense on the victim and the victim's family to include oral testimony, a victim impact statement, and any other relevant information. Directs the jury to recommend a sentence of death if it unanimously finds at least one aggravating factor and no mitigating factor, or if it finds one or more aggravating factors that outweigh any mitigating factors. Repeals Controlled Substances Act (CSA) provisions establishing death penalty procedures specifically for persons convicted of engaging in a continuing criminal enterprise where the Government seeks the death penalty. Amends the code to include death during commission of another crime as an aggravating factor for homicide. Adds many other such aggravating factors, such as that the victim of a capital offense was pregnant, handicapped, or a custodial parent of a child under age 18. (Sec. 542) Includes murder of a witness as an aggravating factor to be considered in determining whether a death sentence is justified. (Sec. 543) Provides for imposition of the death penalty for murders committed in the District of Columbia. Title VI: Increased Penalties for Trafficking and Manufacture of Methamphetamine and Precursors - Amends the CSA and CSIEA to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties. (Sec. 602) Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing substantial assistance in an investigation of any offense. (Sec. 603) Revises death penalty provisions under the code pursuant to regulations to be promulgated by the Attorney General. Directs a U.S. marshal charged with supervising the implementation of a death sentence to use appropriate Federal facilities for that purpose. (Sec. 604) Limits the term of office of the Administrator of the Drug Enforcement Agency to a single ten-year period, with an exception. (Sec. 605) Makes serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. (Sec. 606) Amends the CSA to set mandatory minimum prison sentences for persons who use minors in drug trafficking activities or who sell drugs to minors. Increases penalties for committing drug offenses in drug-free zones. (Sec. 607) Amends the CSA and CSIEA to increases penalties for trafficking in listed chemicals. Title VII: Combating Violence Against Women and Children - Subtitle A: General Reforms - Makes religious organizations eligible to participate in any grant program authorized pursuant to the Violence Against Women Act of 1994 (VAWA) which allow for the participation of nongovernmental entities, programs, or agencies, or private organizations. Prohibits Federal or State governmental agencies receiving funds under any such program from discriminating against an organization on the basis that such organization has a religious character. (Sec. 702) Authorizes appropriations for FY 1999 under: (1) the Safe Streets Act for domestic violence arrest grants; (2) the VAWA for rural domestic violence and child abuse enforcement assistance; and (3) the Runaway and Homeless Youth Act for runaway, homeless, and street youth assistance grants. Subtitle B: Domestic Violence - Amends the code to authorize the death penalty for fatal interstate domestic violence offenses and fatal interstate violations of protective orders. (Sec. 713) Amends FRE 404 to allow the admission of evidence of the defendant's disposition toward the victim in domestic violence and other cases. (Sec. 714) Amends the code to provide for testing for the human immunodeficiency virus (HIV) in sexual assault cases. Directs the United States Sentencing Commission (the Commission) to amend the Federal sentencing guidelines to enhance the sentence in such cases where the offender knew he or she was infected, except if the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) provisions regarding payment of the cost of testing for sexually transmitted diseases to authorize the Government to obtain an order requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome (AIDS). Title VIII: Violent Crime and Terrorism - Subtitle A: Violent Crime and Terrorism - Amends the Antiterrorism Act to apply enhanced penalties for the use of explosives or arson crimes to damage or destroy the property of any institution or organization receiving Federal financial assistance. Redefines: (1) "biological agent" to include bacteria, fungi, rickettsiae, protozoa, or any synthesized component of any microorganism or infectious substance; and (2) "toxin" to include the toxic product of plants, animals, microorganisms, or a synthesized molecule. (Sec. 802) Includes within the scope of the kidnapping offense abductions when an individual travels in interstate or foreign commerce, or when the mail or a facility in interstate or foreign commerce is used, in furtherance of the offense. (Sec. 803) Expands provisions regarding violent crimes in aid of racketeering activity to cover all violent crimes in aid of racketeering activity and to increase penalties for specified attempt and conspiracy offenses. (Sec. 804) Amends: (1) the Brady Handgun Violence Prevention Act to provide that a person who conspires to commit an offense under the Act shall be subject to the same penalties (including the death penalty) as prescribed for the offense; and (2) the Antiterrorism Act to provide for the death penalty for conspiracies involving explosives. (Sec. 805) Includes as a "serious drug offense" (and a predicate offense under the Armed Career Criminal Act) an offense under State law which would have been punishable by a maximum term of at least ten years' imprisonment; (1) if it had been prosecuted as a CSA violation at the time of the offense; and (2) because of the type and quantity of the controlled substance involved. (Sec. 806) Increases penalties for violence in the course of a riot. (Sec. 807) Eliminates as a requirement for carjacking that the offense be committed with intent to cause death or serious bodily harm. (Sec. 808) Sets penalties for: (1) criminal offenses committed by persons formerly serving with, presently employed by, or accompanying the armed forces outside the United States; (2) the use of interstate commerce facilities in the commission of felony crimes of violence for hire; and (3) specified felony offenses directed at buildings or property in Indian country. (Sec. 810) Enhances penalties for offenses resulting in death involving assault on mail delivery people, robberies and burglaries involving controlled substances, interstate domestic violence, animal enterprise terrorism, and racketeering. Subtitle B: Courts and Sentencing - Amends the code, the Federal judicial code, and FRCP 35 to authorize a reduction of sentence for providing useful investigative information although not regarding a particular individual. (Sec. 822) Amends the code to: (1) allow appeals by the United States in a criminal case to lie to a court of appeals under specified circumstances as to any part of any count; and (2) repeal a requirement that the U.S. attorney certify to the district court that the appeal is not taken for purpose of delay and that the evidence is substantial proof of a fact material in the proceeding. (Sec. 824) Amends: (1) VCCLEA to direct the Commission to promulgate, or amend existing, guidelines to provide sentencing enhancements of not less than three offense levels for offenses that the court at sentencing (currently, the finder of fact at trial) determines beyond a reasonable doubt are hate crimes; and (2) the code to authorize the court to impose a sentence of probation or supervised release with or without conditions when reducing a sentence of imprisonment in certain cases. Subtitle C: White Collar Crime - Sets penalties for larceny involving post office boxes and postal stamp vending machines. (Sec. 843) Makes provisions regarding transportation of stolen vehicles, and sale or receipt of stolen vehicles, applicable to vessels (certain watercraft). (Sec. 844) Defines "subpoena for records," for purposes of provisions regarding obstruction of criminal investigations, to include a Federal grand jury subpoena for customer records that has been served relating to a violation of, or a conspiracy to violate, the CSA, CSIEA, or certain Internal Revenue Code (IRC) provisions. (Sec. 845) Authorizes the Attorney General to commence a civil action in Federal court to enjoin counterfeiting and forgery violations. Directs that a permanent or temporary injunction or restraining order be granted without bond. Requires the court to proceed as soon as practicable to the hearing and determination of such an action and authorizes the court, at any time before final determination, to enter such a restraining order or prohibition or to take such other action as is warranted. Specifies that a proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the FRCP. Subtitle D: Miscellaneous Provisions - Increases penalties for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). (Sec. 862) Makes the prohibition on the use as evidence of intercepted wire or oral communications inapplicable to the disclosure by the United States, a State, or political subdivision in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, the interception of which was in violation of provisions relating to certain interceptions not involving governmental misconduct. (Sec. 863) Amends provisions concerning violations of, or crimes committed while on, probation or parole to violations of, or crimes committed while on, supervised release. (Sec. 864) Includes providing material support to designated foreign terrorist organizations as a predicate offense under money laundering provisions. (Sec. 866) Defines "financial institution" to cover foreign bank branches in a commonwealth, territory, or possession of the United States. Title IX: Prison Reform - Subtitle A: Prison Litigation Reform - Renames the Prison Litigation Reform Act (PLRA) of 1995 (title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA)) as the PLRA of 1996. (Sec. 902) Amends OCRAA provisions with respect to prison conditions to prohibit the court from ordering any prospective relief that requires or permits a government official to exceed his or her authority under State or local law or that otherwise violates State or local law, unless Federal law requires (currently, permits) such relief to be ordered in violation of State or local law and other specified conditions are met. Sets forth provisions regarding orders refusing to impose a stay and court intervention. (Sec. 903) Amends the Civil Rights of Institutionalized Persons Act to provide that no civil action shall be brought regarding prison conditions until the plaintiff has exhausted administrative remedies. Limits recovery of attorney's fees except to the extent that such fees were directly and reasonably incurred in: (1) proving an actual violation of the plaintiff's Federal rights; (2) successfully obtaining contempt sanctions for a violation of previously ordered prospective relief that meets specified standards, if the plaintiff made a good faith effort to resolve the matter without court action; or (3) successfully obtained court ordered enforcement of previously ordered prospective relief that meets such standards, if the enforcement order was necessary to prevent an imminent risk of serious bodily injury to the plaintiff and the plaintiff made a good faith attempt to resolve the matter without court action. Requires the amount of the fee to be proportionately related to the court ordered relief for the violation. Specifies that: (1) if a monetary judgment is the sole or principal relief awarded, the award of attorney's fees shall not exceed 100 percent of the judgment; and (2) no award of attorney's fees shall be based on an hourly rate greater than 150 percent of the hourly rate established for payment of court-appointed counsel or $100 per hour, whichever is less. Authorizes a defendant to waive the right to respond to any complaint in any civil action arising under Federal law brought by a prisoner. Specifies that such waiver shall not waive any affirmative defense available to the defendant and that no relief shall be granted to the plaintiff unless a response has been filed. Authorizes the court to direct any defendant to file a response. (Sec. 904) Amends Federal judicial code provisions regarding proceedings in forma pauperis to require the court to assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average of the highest monthly balance recorded for the prisoner's account for each of the six months immediately preceding the filing of the complaint or notice of appeal. Directs the agency having custody of the prisoner to forward certain deducted payments to clerk of the court either upon deduction or on a monthly basis, accompanied by appropriate documentation. Authorizes the agency, if the judgment for costs is held by the agency or the agency's employees having custody of the prisoner, to withdraw 20 percent of each deposit to the prisoner's account and apply that amount to payment of the judgment until the judgment is paid in full. (Sec. 905) Authorizes the court, in any civil action brought in Federal court by a prisoner other than a prisoner confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Permits the court, upon making such affirmative finding, to: (1) revoke good time credit or the institutional equivalent accrued to the prisoner; or (2) consider such finding in release determinations. (Sec. 906) Amends the PLRA to provide that any damages (currently, any compensatory damages) awarded to a prisoner in connection with a civil action brought against any Federal, State, or local jail, prison, or correctional facility shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner. Repeals a requirement that the remainder of any such award be forwarded to the prisoner. (Sec. 907) Amends the PLRA to authorize the court, in any civil action brought by a person convicted of a crime and confined in a Federal correctional facility, to make a finding whether: (1) the claim was filed for a malicious purpose or to harass the party against which it was filed; or (2) the claimant testified falsely or otherwise knowingly presented false evidence or information to the court. Directs the Bureau, if the court makes such affirmative finding, to revoke unvested good time credit or the institutional equivalent accrued to the prisoner. (Sec. 908) Specifies that: (1) credit that has not been earned may not later be granted and credit that has been revoked (under section 907) may not later be reinstated; and (2) credit awarded may be revoked by the Bureau for noncompliance with institutional disciplinary regulations at any time before vesting. Subtitle B: Federal Prisons - Creates an exemption from wiretapping provisions for: (1) interception by a law enforcement officer of any wire, oral, or electronic communication if at least one of the parties to the communication is an inmate or detainee in the custody of the Attorney General of the United States or is in the custody of a State or political subdivision thereof; or (2) the use of a pen register, trap and trace device, or clone pager if the facility is regularly used by such an inmate or detainee. Directs the Attorney General to promulgate regulations governing such interceptions to protect communications protected by the attorney-client privilege and the right to counsel guaranteed by the sixth amendment. (Sec. 912) Requires the Bureau (with exceptions) to ensure that no prisoner or detainee under its jurisdiction: (1) engages in any physical activity designed to increase or enhance fighting ability or to increase physical strength; and (2) is permitted access to certain television or movie viewing, sexually explicit printed material, or bodybuilding or weightlifting equipment; (3) is permitted possession of any in-cell coffee pot, hot plate, or other heating element; or (4) is permitted use or possession of electric or electronic musical equipment. Requires the Director to ensure that each convicted inmate in the custody of the Attorney General and confined in a Federal prison, correctional facility, jail, or other facility shall be engaged in work. Sets forth provisions regarding determination of type of work, excuse from such requirement, and lack of compensation. (Sec. 913) Directs the Bureau to make available appropriate substance abuse treatment for each prison the Bureau determines has a treatable drug abuse problem, with priority to younger offenders and those who would benefit most from the treatment. Repeals provisions regarding requirements for a phase-in of substance abuse treatment and regarding incentives for prisoners' successful completion of treatment. Title X: Miscellaneous Provisions - Expresses the sense of the Senate that: (1) the Office of National Drug Control Policy should be reauthorized for an additional five years; and (2) prior to any such reauthorization, the Senate Judiciary Committee should conduct an extensive review of the National Drug Control Strategy for 1997 submitted by President Clinton. (Sec. 1002) Directs the Secretary of Health and Human Services to require hospitals or health care service providers that receive Federal Medicare or Medicaid payments, as an additional certification requirement, to certify that none of their physicians or other health care professionals prescribes or recommends a schedule I substance to any person. Sets forth reporting requirements. Directs the Attorney General to revoke the DEA registration of any physician or provider who recommends or prescribes such a substance. (Sec. 1003) Directs the Federal Communications Commission to: (1) coordinate with the President's Commission on Alcohol and Drug Abuse Prevention to develop a comprehensive education and public service program targeting youth drug abuse; (2) encourage the priority use of public service resources dedicated to promoting youth drug abuse prevention and education; (3) contact and encourage the donation of greater public resources dedicated to youth drug abuse programs from specified organizations and industries, such as television, movies, the recording and advertising industries, business, and professional sports; and (4) encourage each of such organizations and industries to assist the implementation of new programs and national strategies for dissemination of information intended to prevent youth drug abuse. (Sec. 1004) Directs the Secretary to review all extradition treaties in force and, if necessary, to renegotiate all such treaties, to ensure that certain offenses involving the sexual exploitation and abuse of children are extraditable offenses. Sets forth provisions regarding tolling of the statute of limitations. (Sec. 1005) Amends the Economic Espionage Act of 1996 to require the Director of the Bureau of Justice Assistance, for FY 1997 through 2001, to make grants to the Boys and Girls Clubs of America (BGCA) to establish clubs facilities where needed, with particular emphasis on establishing clubs in public housing projects and distressed areas. Directs the Attorney General to accept and approve an application for such a grant submitted by BGCA if the application: (1) includes a long-term strategy to establish 1,000 additional clubs and a detailed summary of those areas in which new facilities will be established during the next fiscal year and a plan to insure that there are a total of not less than 2,000 BGCA facilities in operation before January 1, 2000; (2) certifies that there will be appropriate coordination with those communities where clubs will be located; and (3) explains the manner in which new facilities will operate without additional, direct Federal financial assistance. Earmarks specified funds to provide a grant to BGCA for administrative, travel, and other costs associated with a national role-model speaking tour program. (Sec. 1006) Increases penalties for cellular telephone interceptions. Title XI: Violent and Repeat Juvenile Offenders - Violent and Repeat Juvenile Offender Act of 1997 - Subtitle A: Juvenile Justice Reform - Repeals code provisions regarding surrender of juveniles to State authorities by Federal authorities. (Sec. 1112) Requires that a juvenile age 14 or older who is alleged to have committed an act that, if committed by an adult, would be a criminal offense, be tried as an adult at the discretion of the U.S. Attorney in the appropriate jurisdiction upon a finding, which shall not be subject to court review, that there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction, if the juvenile is charged with a Federal offense that is a crime of violence or that involves a controlled substance for which the penalty is at least five years' imprisonment. Permits the U.S. Attorney, upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe. Directs that offenses tried in U.S. district court under this Act be open to the public, with exceptions (but makes the defendant's status as a juvenile, absent other factors, insufficient to close the proceeding). Grants the U.S. Attorney, in making determinations concerning juvenile prosecution, complete access to prior Federal juvenile records and, to the extent permitted by State law, prior State juvenile records. (Sec. 1113) Lowers the minimum age at which a defendant may be sentenced to death from age 18 to 16. (Sec. 1115) Subjects a juvenile tried as an adult to code provisions regarding detention, speedy trial, and restitution for adults. Specifies that no juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches age 18. (Sec. 1119) Authorizes the release of juvenile records to meet inquiries from any school or other educational institution to ensure public safety and security. (Sec. 1120) Requires the Director of the Bureau of Prisons to ensure that juveniles who are alleged or determined to be delinquent are not confined in any institution in which the juvenile has regular sustained physical contact with adult persons who are detained or confined. (Sec. 1121) Applies to juvenile defendants tried as adults provisions directing the Commission, under specified circumstances, to assure that the Federal sentencing guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized. Subtitle B: Juvenile Gangs - Federal Gang Violence Act - Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement, increasing the offense level by not less than six levels, for any offense committed in connection with, or in furtherance of, the activities of a criminal street gang where the defendant was a member of such gang at the time of the offense. (Sec. 1143) Amends code provisions regarding criminal street gangs to: (1) delete the definition of "conviction"; (2) redefine "criminal street gang" to cover a group whose members have engaged during the previous five-year period in a pattern of criminal gang activity; and (3) define "pattern of criminal gang activity" to mean the commission of two or more predicate gang crimes in connection with the activities of a criminal street gang, on separate occasions, at least one of which crimes was committed after the date of this subtitle's enactment and the first of which was committed not more than five years before the commission of another predicate gang crime. Defines "predicate gang crime" as an offense, including an act of juvenile delinquency that, if committed by an adult, would be: (1) a Federal offense that is a crime of violence, that involves a controlled substance for which the penalty is at least five years' imprisonment, or that is a violation of other specified prohibitions under the code or under the Immigration and Nationality Act; (2) a State offense involving conduct that would constitute such an offense if Federal jurisdiction existed or had been exercised; or (3) a conspiracy, attempt, or solicitation to commit such offenses. Sets penalties for engaging in a pattern of criminal gang activity. (Sec. 1144) Amends the Travel Act to increase: (1) penalties for violations; and (2) the scope of unlawful activities under such Act. (Sec. 1145) Prohibits and sets penalties for soliciting or recruiting persons to participate in criminal street gang activity. (Sec. 1146) Makes: (1) crimes involving the recruitment of persons to participate in criminal street gangs, and acts or conspiracies to violate firearms laws, predicate offenses under RICO; and (2) serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Increases penalties for firearms prohibitions, including by setting a three-year minimum term of imprisonment for transferring firearms to minors for use in crime. (Sec. 1148) Directs the Commission to amend the sentencing guidelines to provide an appropriate sentencing enhancement, increasing the offense level not less than two levels, for any crime in which the defendant used body armor. (Sec. 1149) Authorizes appropriations to hire Assistant U.S. Attorneys and attorneys in DOJ's criminal division to prosecute juvenile criminal street gangs. Subtitle C: Juvenile Crime Control and Accountability - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to direct the Administrator of the Office of Juvenile Crime Control and Accountability (replacing the Office of Juvenile Justice and Delinquency Prevention) to develop objectives, priorities, and short- and long-term plans, and implement overall policy and a strategy to carry out such plan, for all Federal juvenile crime control and juvenile offender accountability programs and activities relating to improving juvenile crime control and enhancing accountability by offenders within the juvenile justice system. Sets forth provisions regarding plan contents, annual reviews of plans, duties of the Administrator, budget proposal development and submission, reporting, reprogramming, and recordkeeping requirements, utilization of information, services, and facilities of other agencies, coordination of functions, and annual juvenile delinquency development statements. Directs the Administrator to make grants to States to assist them in planning, establishing, operating, coordinating, and evaluating: (1) projects for the development of more effective investigation, prosecution, and punishment of crimes or acts of delinquency committed by juveniles; (2) programs to improve the administration of justice for and ensure accountability by juvenile offenders; and (3) programs to reduce the risk factors associated with juvenile crime or delinquency. Sets forth provisions regarding: (1) use of grant funds, eligibility requirements, distribution of sums by State offices to eligible applicants, applications to State offices, funding period, grant renewal, and special grants; and (2) allocation of grant amounts. Prohibits reallocation of sums due to the ineligibility or nonparticipation of any State. Limits the use of grant funds, including a prohibition against the use of such funds for: (1) biomedical or behavior control experimentation on individuals or research involving such experimentation; (2) construction, with exceptions; (3) job training; (4) specified lobbying activities; (5) and specified legal actions. Prohibits the Federal Government and States receiving funds from discriminating against religious organizations under specified circumstances. Sets penalties for violating prohibitions under this subtitle. Authorizes appropriations. Allocates funds. Requires States, to receive formula grants, to submit plans which meet specified requirements, such as designation of a State agency as the sole agency for supervising the preparation and administration of the plan, and providing for an analysis of juvenile crime problems and juvenile justice and delinquency prevention needs within the relevant jurisdiction. Sets forth provisions regarding approval of State plans by the State agency and by the Administrator, and reduction of allocations if a State fails to comply with requirements of this subtitle. (Sec. 1163) Amends the JJDPA to: (1) reauthorize appropriations for runaway and homeless youth and missing children programs; and (2) repeal provisions regarding incentive grants for local delinquency prevention programs. (Sec. 1167) Repeals: (1) specified provisions of titles III (Crime Prevention), V (Drug Courts), and XXVII (Presidential Summit on Violence and National Commission on Crime Prevention and Control) of VCCLEA; (2) the Safe and Drug-Free Schools and Communities Act of 1994; (3) the School Dropout Assistance Act; (4) specified provisions of the Public Health Service Act providing for grants to public and nonprofit private entities for projects to demonstrate effective models for the prevention, treatment, and rehabilitation of drug abuse and alcohol abuse among high risk youth; (5) specified programs under the Human Services Reauthorization Act and the Community Services Block Grants Act; and (6) specified provisions of Anti-Drug Abuse Act of 1988 concerning the drug abuse education and prevention program relating to youth gangs and the program for runaway and homeless youth. (Sec. 1168) Requires each State to reserve not more than 30 (currently, 15) percent of the amount of funds allocated in a fiscal year for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities. (Sec. 1169) Requires that a surcharge of 40 percent of the principal amount of a civil monetary penalty be added to each monetary penalty assessed by the United States or any agency thereof at the time the penalty is assessed, except for penalties assessed under the IRC, to be used for Federal programs to combat youth violence.
Bill· SS. 21 (105th)referred
United States · United States Congress · 21 January 1997
Medical Education Trust Fund Act of 1997 - Amends the Social Security Act (SSA) to add a new title XXI (Medical Education Trust Fund) establishing in the Treasury the Medical Education Trust Fund, consisting of specified accounts. Requires the Secretary of Health and Human Services (HHS) to make annual payments from the Fund to eligible medical schools and teaching hospitals applying for assistance to: (1) maintain and develop quality educational programs in an increasingly competitive health care system; and (2) meet the indirect and direct costs of graduate medical education. Outlines requirements for Fund investments and determination of payments. Amends SSA titles XVIII (Medicare) and XIX (Medicaid) to provide for annual transfers to the Fund. Makes specified appropriations to the Fund. Amends the Internal Revenue Code to impose a tax equal to 1.5 percent of premiums received under accident or health insurance policies (including applicable self-insured plans), and equal to 1.5 percent of the amount received for certain health-related administrative services, payable by the policy issuer and the service provider, respectively. Makes specified appropriations and transfers of such to the Fund for allocation among the various specified accounts. Establishes the Medical Education Advisory Commission to study and report on Fund operations and other specified matters, including recommendations for demonstration projects. Authorizes appropriations. Directs the HHS Secretary to prescribe guidelines for the establishment and operation of such demonstration projects.
Resolution· SRESS.Res. 15 (105th)referred
United States · United States Congress · 21 January 1997
Biomedical Research Commitment Resolution of 1997 - Expresses the sense of the Senate that appropriations for the National Institutes of Health should be increased by 100 percent over the next five fiscal years.
Bill· HRH.R. 478 (105th)open
United States · United States Congress · 21 January 1997
Flood Prevention and Family Protection Act of 1997 - Amends the Endangered Species Act of 1973 to exempt from provisions requiring consultation and conferencing with the Secretary of the Interior any agency action that consists of: (1) building, operating, maintaining, or repairing a Federal or non-Federal flood control project, facility, or structure to address a critical, imminent threat to public health or safety or a catastrophic natural event or to comply with Federal, State, or local public health or safety requirements; or (2) routine operation, maintenance, rehabilitation, repair, or replacement of a Federal or non-Federal flood control project, facility, or structure, including operation of a project or facility in accordance with a previously issued Federal authorization. Provides that any activity by a Federal or non-Federal person that consists of such an action is not a taking of a species for purposes of the Act.
Bill· HRH.R. 487 (105th)referred
United States · United States Congress · 21 January 1997
TABLE OF CONTENTS: Title I: Offices of Minority Health; Assistant Secretary for Civil Rights Title II: Health Professions Programs Title III: Research Minority Health Improvement Act of 1997 - Title I: Offices of Minority Health; Assistant Secretary for Civil Rights - Amends the Public Health Service Act to revise the duties of the Office of Minority Health and establish the Advisory Committee on Minority Health. Modifies provisions regulating grants, cooperative agreements, and contracts to carry out the Office's duties. Authorizes appropriations. (Sec. 102) Mandates the establishment of an Office of Minority Health in the Centers for Disease Control and Prevention, the Agency for Health Care Policy and Research, the Health Resources and Services Administration, and the Substance Abuse and Mental health Services Administration. Authorizes, for those agencies (and for the National Institutes of Health (NIH) with regard to its Office of Research on Minority Health), reservation of a specified percentage of amounts appropriated to those agencies and to NIH to carry out the duties of such offices. (Sec. 103) Establishes in the Department of Health and Human Services an Assistant Secretary for Civil Rights, to be appointed by the President by and with the advice and consent of the Senate. Title II: Health Professions Programs - Replaces provisions mandating grants for scholarships for students of exceptional financial need with provisions authorizing scholarships to financially needy individuals from disadvantaged backgrounds for attendance at schools of medicine, osteopathic medicine, dentistry, nursing, and graduate mental health practice. Requires recipients to contract to provide health services in a health professional shortage area. Authorizes appropriations. Repeals provisions relating to obligated service regarding certain programs. Replaces provisions authorizing grants for health professions schools for scholarships with provisions authorizing scholarships to financially needy individuals from disadvantaged backgrounds for attendance at schools of veterinary medicine, optometry, pharmacy, podiatric medicine, public health, or allied health. (Sec. 203) Revises requirements concerning loan repayments and fellowships regarding faculty positions. Authorizes appropriations. (Sec. 204) Modifies requirements regarding programs of excellence in health professions education for minority individuals. Adds graduate programs in mental health practice to the definition of "health professions school." Authorizes appropriations. (Sec. 205) Replaces provisions relating to educational assistance regarding undergraduates with provisions authorizing grants, cooperative agreements, and contracts for recruiting and providing services, preliminary education, stipends, experience, and academic instruction to elementary, secondary, or higher education students from disadvantaged backgrounds. Authorizes appropriations to carry out: (1) the provisions of this section; and (2) provisions at the beginning of this title. (Sec. 206) Modifies requirements regarding the terms and conditions of nursing school loans. (Sec. 207) Authorizes appropriations for Federal capital contributions to student loan funds: (1) under specified provisions by schools of medicine or osteopathic medicine; and (2) for loans to and loan collections from individuals from disadvantaged backgrounds. (Sec. 208) Requires area health education centers to provide continuing medical education regarding minority health. Changes requirements regarding the use of funds appropriated for centers. Title III: Research - Mandates: (1) a plan for how the NIH's Office of Research on Minority Health will carry out its duties; and (2) establishment of the Advisory Committee on Research on Minority Health. (Sec. 302) Modifies the population focus of the Agency for Health Care Policy and Research. (Sec. 303) Authorizes appropriations for health statistical and epidemiological activities of the National Center for Health Statistics.
Bill· HRH.R. 475 (105th)referred
United States · United States Congress · 21 January 1997
Medicare Provider-Sponsored Organization Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to give Medicare beneficiaries the option of receiving Medicare coverage through enrollment with provider-sponsored organizations (PSOs) organized and licensed under State law, and certified as meeting certain Federal standards. Requires a PSO to: (1) deliver a spectrum of health care services (including basic hospital and physicians services) to enrolled purchasers; and (2) provide a substantial proportion of the health care items and services under its Medicare contract through the provider or affiliated group of providers composing the organization. (Sec. 2) Provides for direct Federal Medicare certification as a qualified PSO through calendar 2001. Authorizes State licensure of PSOs after January 1, 2002, only if: (1) State financial solvency and capital adequacy standards are identical with Federal standards; and (2) State licensure standards are substantially equivalent to Federal standards. Allows a PSO seeking to operate under a full-risk contract or a partial risk contract to apply to the Secretary of Health and Human Services for waiver of State licensure if: (1) the State has failed to act on the PSO's State application within a certain period of time; or (2) the State has denied the PSO's application, but the State's licensing standards or review process impose unreasonable barriers to market entry. Declares that a fiscally sound PSO meets Medicare financial solvency requirements. Prescribes general requirements for a PSO's ongoing quality assurance program (including case-by-case utilization review). Treats such requirements as met if the PSO is accredited by a private organization under a process approved by the Secretary. Sets forth physician-participation procedure requirements and other special rules. Directs the Secretary to issue regulations regarding qualified PSO standards, which shall preempt State law. (Sec. 3) Authorizes the Secretary to pay all Medicare health plans on a partial risk basis. (Sec. 4) Treats Medicare-eligible organizations, including PSOs, as meeting the "50-50" enrollment composition rule (which requires that a health plan's Medicare and Medicaid enrollees cannot exceed 50 percent of its total enrollment) if they demonstrate: (1) their capability of providing coordinated care in accordance with the quality assurance standards established by this Act; and (2) their experience providing coordinated care to enrollees of a health plan or State Medicaid plan. (Sec. 5) Provides that a health maintenance organization under Medicaid includes a public or private organization which may be a PSO. (Sec. 6) Directs the Secretary to provide for demonstration projects in at least ten States that permit Medicaid programs to be treated as Medicare-eligible organizations for individuals eligible to enroll with a Medicare organization and also eligible for Medicaid, for the purpose of demonstrating the delivery of primary, acute, and long-term care through an integrated delivery network that emphasizes noninstitutional care. (Sec. 7) Prescribes rules on coverage of emergency services by all Medicare plans. (Sec. 8) Limits State law restrictions on managed care arrangements; but exempts from such restrictions any law that has the effect of preventing involuntary denial of life-saving medical treatment when such denial would cause the patient's involuntary death pending transfer to a health care provider willing to provide such treatment. (Sec. 9) Requires the Department of Justice and the Federal Trade Commission to provide jointly for the development and publication of explicit, binding guidelines on the application of antitrust laws to PSO activities, addressing PSO formation, development, and operation issues of PSOs and facilitating their development and operation.
Bill· HRH.R. 474 (105th)referred
United States · United States Congress · 21 January 1997
Telemarketing Fraud Prevention Act of 1997 - Amends the Federal criminal code to provide for civil and criminal forfeiture of the proceeds of telemarketing fraud. Directs that any property forfeited, or the proceeds of such property, be used to the extent needed, as determined by the Attorney General, for the national information hotline established under the Violent Crime Control and Law Enforcement Act of 1994 and other telemarketing fraud enforcement. Grants the payment of mandatory restitution for telemarketing fraud priority over the payment of restitution in connection with the commission of a Federal health care offense. Directs the United States Sentencing Commission to amend the sentencing guidelines to increase: (1) by two levels the vulnerable victim adjustment; and (2) the offense level for any fraud offense by two levels if the defendant conducted activities to further the fraud from a foreign country in order to impede prosecution for the offense. Requires any presentence report required under the Federal Rules of Criminal Procedure to include information about the age of each victim of each fraud offense for which a defendant is convicted.
Bill· HRH.R. 482 (105th)referred
United States · United States Congress · 21 January 1997
Amends the Public Health Service Act to mandate, in the National Institutes of Health, a program regarding information on research, treatment, detection, and prevention regarding serious or life-threatening diseases and conditions. Requires, in carrying out that program, establishment of a data bank of information on clinical trials and treatments. Authorizes appropriations.
Bill· HRH.R. 459 (105th)referred
United States · United States Congress · 21 January 1997
Senior Citizens' Access to Health Care Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations participating in the Medicare program to offer coverage for out-of-network services to Medicare beneficiaries enrolled with such organizations.
Bill· HRH.R. 451 (105th)open
United States · United States Congress · 20 January 1997
Instructs the Secretary of Health and Human Services, in the case of certain military retirees and dependents, to provide for a special enrollment period during which such an individual may enroll under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits an issuer of a Medicare supplemental (Medigap) policy, in the case of such an individual who seeks to enroll during such special enrollment period, from denying or conditioning the issuance or effectiveness of such a policy, or from discriminating in its pricing on the basis of the individual's health status, medical condition, claims experience, receipt of health care, medical history, genetic information, evidence of insurability, or disability.
Bill· HRH.R. 448 (105th)open
United States · United States Congress · 9 January 1997
Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support research on prostate cancer health services and procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
Bill· HRH.R. 417 (105th)open
United States · United States Congress · 9 January 1997
Medicare Mammography Enhancement Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act relating to the authorized provision of annual screening mammographies for women to: (1) prohibit payment for any screening mammography performed for a woman over 49 years of age (currently, women over 49 but under 65) within 11 months after the previous mammography was performed; (2) repeal the disallowance of payment for screening mammography performed for women over 64 within 23 months after the last mammography was performed; and (3) waive any required deductible or coinsurance payments with respect to such mammographies.
Bill· HRH.R. 418 (105th)open
United States · United States Congress · 9 January 1997
Breast Cancer Early Detection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of an annual screening mammography under Medicare part B (Supplementary Medical Insurance) for women age 65 or older.
Bill· HRH.R. 406 (105th)referred
United States · United States Congress · 9 January 1997
TABLE OF CONTENTS: Title I: Independent Commission on Medicare Title II: Controlling Outlays Under Medicare Program Commission to Save Medicare Act of 1997 - Title I: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on projected outlays and benefits of the Medicare program under title XVIII of the Social Security Act; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed the limit specified under title II of this Act. Prohibits such recommendations from including changes relating to the payment of payroll taxes for financing the program. Sets forth procedures for expedited congressional consideration of recommendations. Title II: Controlling Outlays Under Medicare Program - Requires Congress, by April 15 of each year, to establish, in the concurrent resolution on the budget for the following fiscal year, a limit on total Medicare program outlays for the fiscal year involved. Provides for the enforcement of such limits through sequestration of outlays under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Bill· HRH.R. 414 (105th)open
United States · United States Congress · 9 January 1997
Uniformed Services Medicare Subvention Program Act - Directs the Secretaries of Defense and of Health and Human Services (HHS) to jointly establish a subvention program to provide the Department of Defense (DOD) with reimbursement from the Medicare program under title XVIII of the Social Security Act for health services provided to Medicare-eligible covered military beneficiaries who agree to receive such services through the managed care option of the TRICARE program (a DOD-managed health care program). Makes program enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for program participants for whom Medicare reimbursement may be made. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretary of Defense to: (1) maintain DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate, for the first fiscal year of the subvention program, the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets of the number of such beneficiaries for whom reimbursement will not be provided to DOD. Requires the Comptroller General, for each program year, to report to the Secretaries and the Congress on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the subvention program. Requires the Secretaries to take necessary steps to offset any excess costs and prevent future excess costs, including: (1) suspension or termination of the subvention program; (2) adjustment of the payment rate; or (3) adjustment of DOD maintenance of effort requirements.
Bill· HRH.R. 444 (105th)referred
United States · United States Congress · 9 January 1997
Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to provide for health insurance continuation for an employee between the age of 55 and the time of Medicare eligibility upon termination of employment (other than for gross misconduct).
Bill· HRH.R. 421 (105th)referred
United States · United States Congress · 9 January 1997
Medicaid Mammography Coverage Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to provide Medicaid coverage of screening mammographies for women aged 35 and older. Varies the permissible frequency of such covered tests on the basis of a woman's age and her risk of developing breast cancer. Directs the Secretary of Health and Human Services to periodically review and revise permissible frequencies of such tests. Makes such coverage mandatory. Prohibits imposition of charges against beneficiaries for such services. Provides for a 100 percent Federal match for screening mammography services.
Bill· HRH.R. 405 (105th)referred
United States · United States Congress · 9 January 1997
Comprehensive Long-Term Care Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend Medicare part A (Hospital Insurance) coverage of extended care services to chronically dependent individuals; and (2) provide for coverage of home care services and outpatient prescription drugs under Medicare part B (Supplementary Medical Insurance). Provides for application of a deductible in determining the amount of an individual's payment for covered prescription drugs. Requires the Secretary of Health and Human Services to: (1) establish a program for assuring appropriate prescribing and dispensing practices for covered prescription drugs; (2) develop, and update annually, an information guide for physicians on wholesale drug prices; and (3) report to the Congress on the prices of prescription drugs and their use by individuals eligible for Medicare part B benefits. Requires pharmacies to enter into an agreement with the Secretary in order to receive payment for prescription drugs dispensed to such individuals. Requires the Secretary to establish a point-of-sale electronic system for use by carriers and pharmacies in the submission of information on prescription drugs dispensed. Authorizes sanctions against pharmacies that violate their agreement with the Secretary. Limits the length of prescriptions. Requires the Director of the Office of Technology Assessment to provide for a Prescription Drug Payment Review Commission. Requires the Commission to report annually to the Congress on methods of determining payment for covered prescription drugs. Authorizes appropriations. Requires the Secretary to develop a standard prescription drugs claims form for use under Medicare and by other third-party payors.
Bill· HRH.R. 443 (105th)referred
United States · United States Congress · 9 January 1997
Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services.
Bill· HRH.R. 415 (105th)referred
United States · United States Congress · 9 January 1997
Antitrust Health Care Advancement Act of 1997 - Provides that the following activities shall not be deemed illegal per se in any action under the Federal antitrust laws or similar State law, but shall be judged based on reasonableness: (1) the exchange among health care providers of information relating to costs, sales, profitability, marketing, prices, or fees of any health care service soley for, and reasonably required for, establishing a health care provider network (HCPN); (2) the conduct of an HCPN in negotiating, making, or performing a contract for providing health care services to individuals under the terms of a health benefit plan; and (3) the conduct of any HCPN member for the purpose of providing such services under such contract. Directs the Attorney General and the Federal Trade Commission to jointly issue guidelines specifying the enforcement policies and analytical principles that will be applied by the Department of Justice and the Commission with respect to the operation of this Act.
Bill· HRH.R. 383 (105th)open
United States · United States Congress · 9 January 1997
Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service. Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education. Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support research on prostate cancer health services and procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria.
Bill· HRH.R. 385 (105th)referred
United States · United States Congress · 9 January 1997
Substance Abuse Group Homes Amendments of 1997 - Amends the Public Health Service Act to require that State and local officials consult with the public regarding the establishment of a designated substance abuse recovery group home, its governing policies, and the effects of an established home on the community. Requires the officials to monitor the home residents' compliance with the conditions upon which the home was established.
Bill· HRH.R. 306 (105th)open
United States · United States Congress · 7 January 1997
Genetic Information Nondiscrimination in Health Insurance Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to prohibit a group health plan or a health insurance issuer offering group coverage from discriminating on the basis: (1) of genetic information; or (2) that the participant or beneficiary has requested or received genetic services. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends the Public Health Service Act to prohibit a group health plan, a health insurance issuer offering group coverage, or a health issuer in the individual market from so discriminating. Regulates genetic information collection and disclosure by plans and issuers. Provides for compensatory, consequential, and punitive damages. Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from so discriminating. Provides for compensatory, consequential, and punitive damages. Amends the Internal Revenue Code to prohibit a group health plan or a health insurance issuer offering group coverage from so discriminating. Regulates genetic information collection and disclosure by plans and issuers.
Bill· HRH.R. 164 (105th)open
United States · United States Congress · 7 January 1997
Reconstructive Breast Surgery Benefits Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require group health plans and insurers offering group health coverage, if they cover a mastectomy, to also cover reconstructive breast surgery resulting from the mastectomy, including surgery on a nondiseased breast to establish symmetry. Prohibits related: (1) denial of coverage or monetary incentives to women; and (2) penalties or incentives to providers. Amends the Public Health Service Act to apply the above requirements to individual health insurance coverage.
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