United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Slamming Title II: Switchless Resellers Title III: Spamming Anti-slamming Amendments Act - Title I: Slamming - Amends the Communications Act of 1934 (the Act) to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures. Requires a carrier or reseller, in order to verify a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to: (1) affirm that the subscriber is authorized to select the service provider for that telephone number; (2) acknowledge the type of service to be changed by the selection; (3) affirm the intent to select the service provider; and (4) acknowledge that such selection will result in a change of service provider. Requires FCC selection verification procedures to: (1) preclude the use of negative option marketing; (2) provide for a complete copy of verification of a change of provider in oral, written, or electronic form; (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate; (4) mandate that verification occur in the same language as that in which the change was solicited; and (5) provide for verification to be made available to a subscriber on request. Bars: (1) a carrier from being found in violation of this Act solely on the basis of a violation by an unaffiliated reseller of the carrier's service or facilities; and (2) the FCC from limiting or inhibiting a subscriber's ability to require that any change in the subscriber's choice of a provider not be affected unless the change is expressly and directly communicated by the subscriber to the existing provider. Makes all of the above provisions inapplicable to providers of commercial mobile service. Allows a subscriber whose provider is changed in violation of this Act to pay the former carrier or reseller for all services provided by the unauthorized carrier or reseller. Requires a carrier or reseller selected by a subscriber to notify the subscriber in a specific and unambiguous writing, not more than 15 days after the change is processed by the carrier or reseller: (1) of the subscriber's new carrier or reseller; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change. Requires the FCC to: (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints. Authorizes the FCC, if a violation of this Act is found, to award damages of: (1) the greater amount of $500 or actual damages for each violation; or (2) three times such amount. Provides penalties for violations of this Act and authorizes the FCC to collect forfeitures and damages. Treats an initiation of service as a change in a subscriber's selection for purposes of this Act. Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring: (1) an action on behalf of its residents to recover damages; and (2) an action for the assessment of civil penalties. Gives Federal courts exclusive jurisdiction over such actions. Requires FCC notification of, and authorizes FCC intervention in, any such action. Requires: (1) each carrier or reseller to report quarterly to the FCC on the number of complaints of unauthorized changes in provider services submitted to them by their subscribers; and (2) the FCC to use such information to identify carriers or resellers that engage in patterns and practices of unauthorized changes in provider services. Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers. (Sec. 102) Allows a person's failure to pay a forfeiture imposed for violation of this Act to be used as a basis for revoking, denying, or limiting that person's operating authority. (Sec. 103) Sets forth obligations of telephone billing agents (including carriers or resellers) regarding bills issued to a subscriber of provider services and prohibits such issuance if the agent knows, or should know, that such charges are unauthorized or are otherwise improper. (Sec. 104) Grants the FCC jurisdiction to assess and recover penalties against a billing service provider (other than a carrier or reseller) only if such provider knowingly or willfully violates the provisions of this Act or any FCC rule or order. (Sec. 105) Directs the FCC to issue a report on the telemarketing and other solicitation practices used by carriers or resellers to solicit changes by subscribers in their service providers. Authorizes the FCC to initiate a rulemaking to prohibit such particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers. Title II: Switchless Resellers - Requires a telecommunications carrier operating or seeking to operate as a switchless reseller to furnish to the FCC a surety bond in a form and an amount determined by the FCC to be satisfactory for purposes of paying any: (1) fine or penalty imposed against the carrier for unauthorized changes in subscriber selections; (2) penalty imposed against the carrier regarding such operation; and (3) other fine, penalty, or forfeiture penalty imposed against the carrier under the Act. Requires such reseller to designate a resident agent in the United States for receipt of service of judicial and administrative process if the reseller is not domiciled in the United States. Allows the FCC to suspend the right of the carrier to operate as a switchless reseller for violation of this Act and subjects the carrier to any forfeiture provided for under the Act. Prohibits a common carrier or billing agent from providing billing services for unbonded switchless resellers or for a reseller not domiciled in the United States who has not designated a resident agent. Imposes a civil penalty of up to $50,000 on knowing and willful violators. Sets forth provisions regarding FCC review of surety bonds and their return to the carrier as a result of such review. Precludes this Act from prohibiting the FCC from adopting rules providing for the permissive detariffing of long-distance telephone companies, if the FCC determines that such action would otherwise serve the public interest, convenience, and necessity. Title III: Spamming - Requires a person who transmits an unsolicited commercial electronic mail message to include at the beginning: (1) the name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message or who created the content of it; and (2) a statement that further transmissions of such mail to the recipient by the person may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word "remove" in the subject line. (Sec. 302) Empowers the Federal Trade Commission (FTC) with regulatory authority over such unsolicited electronic mail, including authority to conduct investigations, commence civil actions against individuals, and impose fines, penalties, and injunctions. Requires the FTC to take appropriate action within two years after the transmission of such electronic mail. (Sec. 303) Authorizes a State to bring a civil action on behalf of its residents against individuals or entities transmitting electronic mail in violation of this Act. Requires such State to notify the FTC of such action. (Sec. 304) States that this Act shall not apply to an electronic mail transmission by an interactive computer service provider unless the provider initiates the transmission or the transmission is not made to its own customers. Authorizes actions by such providers to enforce the sanctions under this Act. Requires such action within one year after receipt of the transmission. (Sec. 305) Requires a person who receives from any other person an electronic mail message requesting the termination of further transmission of commercial electronic mail to cease such transmissions to the individual. States that a person who secures a good or service from, or otherwise responds electronically to, an offer of unsolicited commercial electronic mail shall be deemed to have authorized such transmission.
United States · United States Congress · 14 May 1998
TABLE OF CONTENTS: Title I: Designation and Evaluation of Renewal Communities Title II: Tax Incentives for Renewal Communities Title III: Additional Provisions American Community Renewal Act of 1998 - Title I: Designation and Evaluation of Renewal Communities - Renewing American Communities Act of 1998 - Amends the Internal Revenue Code to authorize the Secretary of Housing and Urban Development to designate (upon local or State nomination) up to 100 renewal communities, of which at least 20 percent shall be in rural areas. Requires for nomination purposes that: (1) the area be experiencing high rates of poverty and unemployment and general distress; and (2) State and local governments enter into written contracts with neighborhood organizations to promote specified economic growth and employment activities. Treats renewal communities as labor surplus areas for all Federal law purposes. Title II: Tax Incentives for Renewal Communities - Amends the Internal Revenue Code to exclude from gross income capital gains on the sale or exchange of a qualified community asset (stock, business property, or partnership interest) held for more than five years. Allows a specified deduction for amounts paid into a family development account on behalf of an individual or another qualified individual who is a renewal community resident. Excludes from gross income account distributions used for qualified family development expenses (postsecondary education, first-home purchase, business capitalization, medical, and rollovers). Provides a penalty (with exceptions) in addition to inclusion as gross income for nonqualifying distributions. Provides for designation of up to 25 percent of qualifying renewal communities as matching demonstration areas eligible to receive family development account matching contributions. Authorizes: (1) designation of earned income tax credit payments for family development account deposit; (2) a commercial building revitalization tax credit; (3) increased first year expensing for renewal community businesses; (4) extension of environmental remediation cost expensing and the work opportunity credit for renewal communities; and (5) similar tax treatment of renewal communities and enterprise zones for specified youth residence requirements. (Sec. 205) Makes conforming amendments to provisions respecting: (1) tax on excess contributions and prohibited transactions; (2) trust and annuity information; (3) tax exemption applications; and (4) the commercial revitalization credit. Title III: Additional Provisions - Provides for local government transfer of unoccupied and substandard Department of Housing and Urban Development multifamily and single family housing in renewal communities, with subsequent disposition priority to be given to community development corporations. (Sec. 302) Amends the Public Health Service Act to make religious organizations eligible to administer specified substance prevention and abuse programs. Sets forth program provisions. (Sec. 303) Amends the Community Reinvestment Act of 1977 to provide that a financial institution's investments in community development organizations located in renewal communities may be considered in evaluations under such Act.
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 5 May 1998
Library of Congress Bicentennial Commemorative Coin Act of 1998 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $10 bimetallic coins of gold and platinum in lieu of the gold coins. Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities.
United States · United States Congress · 1 April 1998
Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion if the requirements of a law in the State where the individual resides, requiring parental involvement in a minor's abortion decision, are not met before obtaining the abortion. Makes an exception if the abortion was necessary to save the life of the minor. Authorizes any parent or guardian who suffers legal harm from a violation to obtain appropriate relief in a civil action.
United States · United States Congress · 1 April 1998
English Language Fluency Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a program to help children and youth learn English under title VII, changing its from Bilingual Education, Language Enhancement, and Language Acquisition Programs to English Language Fluency and Foreign Language Acquisition Programs. Requires that parents be given: (1) notification of a child's identification as needing English language instruction; (2) the right to consent, or not, to the child's participation in such program; and (3) program information and notice of opportunities for regular meetings to formulate and get responses to their recommendations. Authorizes appropriations. Directs the Secretary of Education to reserve a specified portion of such appropriations for specified entities serving Native American or Alaska Native children and youth at elementary, secondary, and postsecondary school levels. Directs the Secretary to make English language acquisition formula grants to States for: (1) subgrants to eligible entities to provide assistance to children and youth who are English language learners, as well as immigrant children and youth; and (2) professional development and personnel certification, technical assistance to local educational agencies, planning, administration, and interagency coordination. Provides that nothing in this Act shall be construed as requiring a State or a local educational agency to establish or continue a program of native language instruction. Authorizes the Secretary to conduct, through the Office of Educational Research and Improvement, research to improve English language instruction for children and youth who are English language learners and immigrant children and youth. Limits such research- related activities to: (1) identification of successful models for teaching children English; and (2) distribution of research results to States for dissemination to schools with populations of students who are English language learners. Prohibits such research from focussing on any one method of instruction. (Sec. 2) Repeals authority for the Emergency Immigrant Education Program. (Sec. 3) Revises ESEA title VII administrative coordination and reporting requirements. Provides for commingling of different ESEA funds. Repeals certain provisions relating to release time, education technology, notification of State agencies, and continued eligibility of entities receiving funds. (Sec. 4) Declares that nothing under ESEA title VII shall be construed to negate or supersede the legal authority under State law of State agencies, State entities, or State public officials over programs that are under their jurisdiction.
United States · United States Congress · 1 April 1998
Manufactured Housing Improvement Act - Amends the National Manufactured Housing Construction and Safety Standards Act of 1974 to revise Federal construction and safety provisions for manufactured homes based upon a consensus standards development process. Eliminates the National Manufactured Home Advisory Council.
United States · United States Congress · 26 March 1998
Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) restoration of the per visit cost limit to 112 percent of the mean of costs with regard to payments to home health agencies under Medicare; and (2) revision of the interim payment system for home health services.
United States · United States Congress · 24 March 1998
Expresses the sense of the House of Representatives that Japan, because of its economic and technological achievements and democratic political system, should enhance alliance cooperation and raise its position of regional partnership by urgently: (1) undertaking broader and faster deregulation of its economy in order to promote opportunities for foreign firms (including foreign investment), improve transparency and disclosure, reward innovation and competition, and reduce systemic risk; (2) opening its distribution system to eliminate exclusionary and discriminatory business practices that limit imports and stifle economic growth and competition there; (3) honoring and implementing its bilateral trade agreements with the United States as well as its multilateral trade commitments; (4) addressing its fiscal problems in a manner that does not jeopardize economic recovery, including significant tax cuts and certain steps to solve systemic problems in the banking system; and (5) adopting all appropriate policies to strengthen the Japanese yen.
United States · United States Congress · 19 March 1998
Authorizes the President to present, on behalf of the Congress, a gold medal to Gerald and Betty Ford in recognition of their dedicated public service and outstanding humanitarian contributions to the people of the United States. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicate medals in bronze. Declares such medals to be national medals.
United States · United States Congress · 5 March 1998
TABLE OF CONTENTS: Title I: Ethical Standards for Federal Prosecutors Title II: Punishable Conduct Citizens Protection Act of 1998 - Title I: Ethical Standards for Federal Prosecutors - Subjects a Government attorney to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in duties to the same extent and in the same manner as other attorneys in that State. Directs the Attorney General to make and amend rules of the Department of Justice (DOJ) to assure compliance with this title. Title II: Punishable Conduct - Directs the Attorney General to: (1) establish by rule that it shall be punishable conduct for any DOJ employee to seek an indictment in the absence of probable cause, to fail promptly to release information that would exonerate a person under indictment, to intentionally or knowingly misstate or alter evidence, to attempt to influence or color a witness's testimony, to act to frustrate or impede a defendant's right to discovery, to offer or provide sexual activities to any government witness or potential witness, to leak or otherwise improperly disseminate information to any person during an investigation, or to engage in conduct that discredits DOJ; and (2) establish penalties for engaging in such conduct, including probation, demotion, dismissal, referral of ethical charges to the bar, loss of pension or other retirement benefits, suspension from employment, and referral of the allegations (if appropriate) to a grand jury for possible criminal prosecution. (Sec. 202) Sets forth procedures regarding written complaints of such conduct by a DOJ employee, investigation of such complaints by the Attorney General, and imposition of appropriate penalties. (Sec. 203) Establishes an independent Misconduct Review Board to review all determinations by the Attorney General with respect to such complaints and to investigate allegations made in statements that may be submitted to it with respect to complaints for which the Attorney General has made no determination or imposed no penalty. Authorizes the Board to impose penalties established above.
United States · United States Congress · 26 February 1998
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
United States · United States Congress · 25 February 1998
Amends the National Sea Grant College Program Act to explicitly exclude Lake Champlain from the definition of "Great Lakes." (Current law explicitly includes Lake Champlain in that definition.)
United States · United States Congress · 24 February 1998
TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorneys' fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.
United States · United States Congress · 12 February 1998
Equality for Israel at the United Nations Act of 1998 - Expresses the sense of the Congress that: (1) the United States must promote an end to the exclusion of Israel from any of the United Nations regional blocs, including rotating membership on the UN Security Council; and (2) the U.S. Ambassador to the UN should take all steps necessary to ensure Israel's acceptance in the Western Europe and Others Group regional bloc (membership which includes the non-European countries of Canada, Australia, and the United States). Directs the Secretary of State to report to appropriate congressional committees on efforts taken to achieve such goals.
United States · United States Congress · 5 February 1998
Federal Employees Health Care Freedom of Choice Act - Amends provisions of Federal law relating to the Federal Employees' Health Benefits Program (FEHBP) to authorize, and in certain circumstances require, the Office of Personnel Management (OPM) to contract with qualified carriers for a high deductible health plan (as defined in existing Internal Revenue Code medical savings account provisions). Requires that such a plan provide benefits of the types provided by service benefit plans, indemnity benefit plans, or both. Sets forth special contribution requirements applicable to employees or annuitants enrolled in such plans, including mandating certain payments to the medical savings account of each individual so enrolled. Requires OPM to make information available to such individuals regarding the circumstances in which a Government contribution will be made to a medical savings account and the amount of that contribution. (Sec. 3) Amends Internal Revenue Code medical savings account provisions to modify the definition of "eligible individual" to add references to high deductible plans provided under the FEHBP. Regulates the medical savings account deduction for FEHBP individuals. Exempts FEHBP individuals from numerical limits on the number of taxpayers having medical savings accounts.
United States · United States Congress · 4 February 1998
Authorizes the President, on behalf of the Congress, to present a gold medal to Nelson Rolihlahla Mandela in recognition of his life-long dedication to the abolition of apartheid and the promotion of reconciliation among the people of the Republic of South Africa. Directs the Secretary of the Treasury to strike a gold medal and sell duplicates in bronze at a price sufficient to cover the costs of the medals. Declares such medals to be national medals. Authorizes a maximum charge against the United States Mint Public Enterprise Fund to pay for the costs of the medals. Mandates that proceeds from sales of duplicate bronze medals be deposited in such Fund.
United States · United States Congress · 13 November 1997
TABLE OF CONTENTS: Title I: Individual Retirement Security Program Title II: Social Security Benefit Reforms Social Security Solvency Act of 1997 - Title I: Individual Retirement Security Program - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to create a new Individual Retirement Security Program in which a covered employee or covered self-employed individual may designate one or more personal retirement savings accounts to which the Secretary of the Treasury shall make deposits with respect to the individual according to formulae based on the respective social security employment taxes paid with respect to such covered individuals and certain budget surpluses. (Sec. 102) Directs the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to publish in the Federal Register each year the reallocation percentage (calculated according to a specified formula) for amounts otherwise appropriated for the following fiscal year to the Federal Old-Age and Survivors Insurance Trust Fund from Federal Insurance Contributions Act taxes imposed with regard to wages and self-support income. Requires a reduction in trust fund appropriations, to the extent attributable to the taxes paid during the fiscal year with respect to a covered employee or self-employed individual, according to a certain formula. (Sec. 103) Provides for adjustments to primary OASDI insurance amounts of such covered individuals with designated accounts in such program. (Sec. 104) Amends the Internal Revenue Code to allow a tax deduction in the case of an electing personal retirement savings account participant in an amount equal to 50 percent (up to $2,000) of the amount the individual contributed during the taxable year to a personal retirement savings account maintained for the individual's benefit, regardless of whether or not the taxpayer itemizes other deductions. Excludes from gross income any amount deposited in a personal retirement savings account. Includes distributions in gross income as if they were social security benefits. Allows an excise tax on excess contributions to a personal retirement savings account. Title II: Social Security Benefit Reforms - Amends SSA title II to provide for: (1) a gradual increase in retirement age (up to 69 and beyond after December 31, 2015) and early retirement age; (2) adjustments to bend points in determining primary insurance amounts; (3) information relating to benefit limitations in social security account statements; (4) phased-in reduction in spousal benefits other than survivor's benefits to 33 percent of primary insurance amount; (5) a specified limitation on the payment of certain benefits in excess of contributions during years of higher income; (6) coverage of newly hired State and local employees; and (7) an increase in widow's and widower's insurance benefits. (Sec. 208) Directs the Commissioner of Social Security to study and report to the Congress on the most appropriate and feasible means of providing for elections under which individuals may opt for exclusion from OASDI coverage.
United States · United States Congress · 9 November 1997
Parents and Teachers Know Best Act of 1997 - Repeals the Goals 2000: Educate America Act and the National Skill Standards Act of 1994. Directs the Secretary of Education to make grants to requesting State educational agencies, which shall distribute grant funds to local educational agencies according to a specified formula, for: (1) technology related to the implementation of school-based reform programs, including professional development to assist teachers to use such equipment and software; (2) acquisition and use of instructional and educational materials related to such reform programs; (3) education reform projects, including effective schools and magnet schools; (4) programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school; (5) literacy programs for student and adults, including parents; (6) gifted and talented programs; and (7) school improvement programs or specified activities under the Elementary and Secondary Education Act of 1965. Authorizes appropriations.
United States · United States Congress · 9 November 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 8 November 1997
Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border.
United States · United States Congress · 7 November 1997
Multichannel Video Competition and Consumer Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) initiate, and report to specified congressional committees on, an inquiry on the extent to which a certain differential fee decision (relating to the per subscriber per month royalty fee for the retransmission of superstation and distant network signals by direct-to-home satellite service providers) constitutes an impediment to the development of effective market competition for multichannel video programming distribution; and (2) based on such inquiry, make necessary regulatory changes. Includes direct-to-home satellite services under provisions protecting telecommunications services from piracy. Prohibits any U.S. officer or employee from taking any action to implement or enforce the differential fee decision until 120 days after FCC submission of its report.
United States · United States Congress · 7 November 1997
Sales Incentive Compensation Act - Amends the Fair Labor Standards Act of 1938 to exempt from minimum wage recordkeeping and overtime compensation requirements any employee in a sales position, if: (1) such position requires specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons or entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; and (3) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee;(4) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (5) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 (OSHA) to require certain notices in the Federal Register to include identification of the specific industry or industries to which the OSHA standard, to be promulgated under the OSHA rule, will apply. Directs the Secretary of Labor to ensure that the OSHA standard, as applicable to each such industry, is based upon: (1) an assessment of the risks to workers in such industry from the hazard which is the subject of the standard; (2) the range of estimates and the best estimate of the quantifiable and nonquantifiable benefits of the standard in each such industry; and (3) an analysis of the costs likely to occur in each such industry as a result of compliance with the standard.
United States · United States Congress · 7 November 1997
Amends the Occupational Safety and Health Act of 1970 to exempt safety and health assessments, audits, and reviews conducted by or for an employer from disclosure in enforcement actions under such Act, with specified exceptions.
United States · United States Congress · 6 November 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or to an applicable program, to develop, plan, implement, or administer any national testing program. Amends the Elementary and Secondary Education Act of 1965 to establish a similar prohibition against use of certain funds (from the Fund for the Improvement Education) for any national testing program. Exempts from such funding prohibitions the Third International Mathematics and Science Study.
United States · United States Congress · 6 November 1997
Commends the personnel who served in the Asiatic Fleet of the United States Navy between 1910 and 1942. Expresses support for the goals of United States Navy Asiatic Fleet Memorial Day.
United States · United States Congress · 5 November 1997
Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe. Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe. Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.
United States · United States Congress · 5 November 1997
Bulletproof Vest Partnership Grant Act of 1997 - Authorizes the Director of the Bureau of Justice Assistance to: (1) make grants to States or units of local government to purchase armor vests for use by law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, a mandatory wear policy, and a violent crime rate at or above the national average. Sets forth provisions regarding matching funds and allocation of funds, State and local applications, and grant application renewal. Prohibits any State or unit of local government that receives financial assistance made available by this Act from purchasing equipment or products manufactured using prison inmate labor. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.
United States · United States Congress · 5 November 1997
Printed Circuit Investment Act of 1997 - Amends the Internal Revenue Code to classify as three-year depreciable property any printed wiring board or printed wiring assembly equipment.
United States · United States Congress · 29 October 1997
Federal Prison Industries Competition in Contracting Act of 1997 - Amends the Federal criminal code to replace provisions regarding the purchase of prison-made products by Federal departments with provisions establishing a Government-wide procurement policy relating to purchases from Federal Prison Industries (FPI). Provides that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product or service (product) that is authorized to be offered for sale by FPI and is listed in a catalog of FPI products, such activity shall solicit an offer from FPI if the purchase is expected to be in excess of the micro-purchase threshold; and (2) a contract award for such product or service shall be made using competitive procedures, except where FPI cannot expect to receive the contract award on a competitive basis and that award is necessary to maintain work opportunities to prevent circumstances expected to significantly endanger penal or correctional facility administration. Requires a contract to be awarded to FPI if the contracting officer determines that: (1) the prison-made product will meet the requirements of the procurement activity; (2) timely performance can be reasonably expected; and (3) the contract price does not exceed a current market price. Sets forth provisions regarding determinations by the Attorney General, competitive offers from FPI, performance by FPI, finality of the contracting officer's decision, reporting of purchases, and publication, maintenance, and revision of the catalog. (Sec. 3) Modifies provisions regarding: (1) FPI administration to require that a decision to authorize FPI to offer a new specific product or to expand the production of an existing product be made by its board of directors, in conformance with specified requirements; and (2) an analysis of the probable impact on private sector firms and their employees of a proposal to authorize the sale of a new specific product or to expand production of a current product. Requires such analysis to identify and consider specified factors, such as whether: (1) the specific product is an import-sensitive product; and (2) authorizing the production of the new product or performance of a new service will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. (Sec. 4) Revises requirements for reporting by the board to the Congress to: (1) include additional information within its annual reports, such as certain analyses of sales and purchases and of the inmate workforce, and data concerning employment obtained by released inmates; and (2) require that copies of such reports be made available to the public at a price not exceeding the cost of printing. (Sec. 6) Sets forth provisions regarding revisions to the Government-wide Federal Acquisition Regulation to implement this Act, including requirements of public participation.
United States · United States Congress · 24 October 1997
Superfund Recycling Equity Act of 1997- Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental regulations or standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard or if such material is an item of scrap paper containing, at the time of recycling, a concentration of a hazardous substance determined to present a significant human health or environmental risk.
United States · United States Congress · 24 October 1997
Limits attorney's fees paid in connection with the settlement of a State action against one or more tobacco companies to recover tobacco-related Medicaid expenditures or for other causes of action involved in the settlement agreement dated June 20, 1997, to $150 per hour plus out-of-pocket expenses approved by the court. Prohibits the award of attorney's fees under any national tobacco settlement until the attorneys have: (1) provided to the Congress a detailed time accounting regarding the work performed; and (2) made public disclosure of such time accounting and fee arrangements. Requires each attorney whose fees are subject to this Act to submit to the House and Senate Judiciary Committees a comprehensive record of the time and expenses for which the fees are to be paid.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions, with written justification to Congress, on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 23 October 1997
Taxpayer Relief and Protection Act of 1997 - Amends the Internal Revenue Code to: (1) reduce the individual income tax rates; (2) make the standard deduction on a joint return equal to twice the deduction of a single return; and (3) change the filing date for individual returns from April 15 to November 1.
United States · United States Congress · 9 October 1997
Sound Scientific Practices Act - Requires the Secretary of Labor, upon determining that a standard should be promulgated under the Occupational Safety and Health Act of 1970, to appoint a panel of individuals to review and report on: (1) the scientific and economic data which form the basis for such standard; and (2) the relevance of the data to industries and workers which such standard would affect.
United States · United States Congress · 9 October 1997
Clean Books Act - Repeals certain unfunded education programs under various Federal laws. Repeals specified provisions of the Adult Education Act for: (1) business, industry, labor, and education partnerships for workplace literacy; (2) English literacy grants; (3) education programs for commercial drivers; and (4) adult literacy volunteer training. Repeals specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act for: (1) other State-administered programs; (2) State assistance for vocational education support programs by community-based organizations; (3) consumer and homemaking education; (4) comprehensive career guidance and counseling programs; (5) business-labor-education partnerships for training; (6) supplementary State grants for facilities and equipment and other program improvement activities; (7) community education employment centers and vocational education lighthouse schools; (8) demonstration programs; and (9) certain bilingual programs. Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994). Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program. Repeals provisions of the Elementary and Secondary Education Act of 1965 (ESEA) for: (1) innovative elementary school transition projects; (2) school dropout assistance; (3) impact aid program; (4) special programs and projects to improve educational opportunities for Indian children; (5) special programs relating to adult education for Indians; (6) Federal administration of such special programs, including the National Advisory Council on Indian Education; (7) the De Lugo territorial education improvement program; (8) extended time for learning and longer school year; and (9) territorial assistance. Repeals the Family and Community Endeavor Schools Act. Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations. Repeals specified provisions of the Higher Education Act of 1965 for: (1) State and local programs for teacher excellence; (2) national teacher academies; (3) class size demonstration grants; (4) middle school teaching demonstration programs; (5) small State teaching initiative; (6) early childhood education training; and (7) grants to States for workplace and community transition training for incarcerated youth offenders. Amends the Higher Education Amendments of 1992 to eliminate the Olympic Scholarships program. Repeals specified provisions of the Rehabilitation Act of 1973 for: (1) career advancement training consortia; (2) vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; (4) comprehensive rehabilitation centers; (5) special demonstration programs; (6) reader services for blind individuals; (7) interpreter services for deaf individuals; (8) community service employment pilot programs for individuals with disabilities; and (9) business opportunities for individuals with disabilities. Eliminates certain demonstration activities, including: (1) transportation services grants; (2) projects to achieve high quality placement; (3) early intervention demonstration projects; (4) transition demonstration projects; (5) barriers to successful rehabilitation outcomes for minorities; (6) studies, special projects, and demonstration projects to study management and service delivery; (7) the National Commission on Rehabilitation Services; (8) model personal assistance services systems; (9) demonstration projects to upgrade worker skills; and (10) model systems regarding severe disabilities. Eliminates certain training activities, including: (1) distance learning through telecommunications; (2) training regarding impartial hearing officers; and (3) recruitment and retention of urban personnel. Repeals specified provisions of the Stewart B. McKinney Homeless Assistance Act for grants to State educational agencies for programs of literacy training and academic remediation for adult homeless individuals. Repeals specified provisions of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 for various training and demonstration projects, including programs for technology training, technology transfer, device and equipment redistribution information systems and recycling centers, business opportunities for individuals with disabilities, and products of universal design.
United States · United States Congress · 9 October 1997
Expresses the sense of the Congress that: (1) all schools should be drug-free; (2) all Federal, State, and local drug fighting agencies should work together with schools and parents to ensure that a renewed effort is made to fight the distribution, sale, and use of illegal drugs in our schools and to America's youth; (3) all governmental leaders and parents share a role in raising awareness of this issue and offering constructive alternatives to illegal drug use; and (4) the Congress and the President should set a goal and work with local communities and parents to end the distribution, sale, and use of illegal drugs in the Nation's schools by the year 2000.
United States · United States Congress · 9 October 1997
Expresses the sense of the House of Representatives that no new energy taxes or fees should be imposed by the Clinton administration on the American public in order to comply with the global warming treaty.
United States · United States Congress · 6 October 1997
Paycheck Protection Act - Amends the Federal Election Campaign Act of 1971 to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
United States · United States Congress · 1 October 1997
Marriage Penalty Relief Act - Amends the Internal Revenue Code to allow as a deduction, on a joint return, an amount equal to the lesser of: (1) $30,000; or (2) the qualified earned income of the spouse with the lower qualified earned income.
United States · United States Congress · 24 September 1997
Guadalupe-Hidalgo Treaty Land Claims Act of 1997 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes three or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant to petition the Commission for such a determination on behalf of themselves and all other descendants. Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to be responsible for directing the research, study, and investigations necessary to assist the Commission in performing its duties. Authorizes appropriations.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 18 September 1997
Taxpayer Dividend Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB), for any amount by which revenues for a budget year and any outyears through FY 2002 exceed the revenue target absent growth, to estimate the excess and include such estimate as a separate entry in the report to the Congress containing Congressional Budget Office estimates of amounts and changes in outlays and receipts of direct spending and receipts legislation at the same time the OMB sequestration preview report is issued. Requires OMB to include the amount of any change in revenues as a deficit decrease in estimates and sequestration reports unless such amount is offset by legislation decreasing revenues in an amount not exceeding the amount of such decrease. Sets forth the revenue targets absent growth for FY 1998 through 2002. Considers legislation decreasing revenues in compliance with this Act to be in order for purposes of specified provisions regarding congressional pay-as-you-go points of order and consideration in the Senate.
United States · United States Congress · 11 September 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
![Official portrait of Rep. Knollenberg, Joe [R-MI-9]](https://www.congress.gov/img/member/k000288_200.jpg)