United States · United States Congress · 19 May 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. Changes the name of title VII from Bilingual Education, Language Enhancement, and Language Acquisition Programs to English Language Fluency and Foreign Language Acquisition Programs. (Sec. 1) 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, Alaska Native, Native Hawaiian, or Native American Pacific Islander 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; (2) professional development and personnel certification, technical assistance to local educational agencies (LEAs), planning, administration, and interagency coordination; and (3) bonuses to subgrantees with exceptional performance in terms of the speed with which their enrolled children and youth attain English language proficiency. Provides that nothing in this Act shall be construed as requiring a State or an LEA 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 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) Directs the Secretary to issue regulations under ESEA title VII only to the extent necessary to ensure compliance with such title's specific requirements. 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. Voids any consent decree with either the Department of Health, Education, and Welfare or the Department of Education that requires a State, locality, or LEA to develop, implement, provide, or maintain any form of bilingual education. Directs the Secretary to publish enforcement guidelines and compliance standards of the Office of Civil Rights of the Department of Education that apply to a program or activity to provide English language instruction to English language learners undertaken by a State, locality, or LEA. Prohibits the Secretary from entering into any consent decree after the enactment of this Act pursuant to such a guideline or standard until the Congress has enacted legislation approving the guideline or standard or otherwise authorizing the Secretary to implement it. Prohibits States which receive title VII grants from exempting children who are English language learners from requirements that State standardized tests be administered in English, if such children have resided in the jurisdiction of and received educational services from the same LEA for the prior two-year period. (Sec. 5) Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Languages Affairs as the Office of English Language Acquisition.
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 · 14 May 1998
Amends the Internal Revenue Code to set forth provisions for: (1) a small employer (100 or fewer employees) retirement plan; (2) a credit for the expenses of establishing such a plan; and (3) a model small employer retirement plan.
United States · United States Congress · 12 May 1998
Veterans Medicare Access Improvement Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services and the Secretary of Veterans Affairs to establish a program under which the former Secretary shall reimburse the latter Secretary out of the Medicare trust funds for Medicare health care services furnished to certain Medicare-eligible veterans whose closest Department of Veterans Affairs (VA) medical center is geographically remote or inaccessible. Authorizes the Secretaries to establish a demonstration project similar to such program for Medicare-eligible veterans whose closest VA medical center is not geographically remote or inaccessible. Amends the Balanced Budget Act of 1997 to repeal the requirement for an implementation plan for veterans subvention. Prohibits payments from the Medicare trust funds for items or services furnished under the program or demonstration project established under this Act before the Director of the Office of Management and Budget determines that: (1) certain legislation restricting entitlement to service-connected compensation for a tobacco-related disability has been enacted; and (2) the net amount of the reductions in expenditures achieved by reason of such legislation during the five fiscal year period beginning with FY 1999, that is available to offset the net aggregate increase in outlays (if any) under the Medicare program, is not less than the estimated net aggregate increase during such period.
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 · 30 April 1998
Child Online Protection Act - Amends the Communications Act of 1934 to require anyone who, in interstate or foreign commerce, is engaged in the business of selling or transferring, by means of the World Wide Web, material that is harmful to minors to restrict access to such materials by persons under 17 years of age. Provides civil and criminal penalties for violations of such requirement, as well as an affirmative defense. Directs the Federal Communications Commission to post on its Internet website a definition of material that is harmful to minors.
United States · United States Congress · 23 April 1998
English for the Children Act - Repeals the Bilingual Education Act (BEA). Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education. Repeals specified provisions of the Department of Education Organization Act relating to such Office. Directs the Secretary of Education, at the end of a specified transition period, to deposit in the Treasury any funds that have not been awarded or obligated for BEA grants. Requires completion of the most recent school year that commences after enactment of this Act before a BEA program is terminated. Authorizes the Secretary, during the one year period after such enactment, to assist local educational agencies in the transition of children enrolled in BEA programs to special alternative instructional programs that do not make use of the student's native language. Declares that this Act shall not: (1) preempt any State law; or (2) be construed as requiring that a State or local educational agency develop, implement, provide, or maintain a program of bilingual education. Voids any consent decree with either the Department of Health, Education, and Welfare or the Department of Education that requires a State, locality, or local educational agency to develop, implement, provide, or maintain any form of bilingual education.
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 · 31 March 1998
National Oilheat Research Alliance Act of 1998 - Authorizes the oilheat industry to conduct a referendum through a qualified industry organization among retailers and wholesalers for the creation of a National Oilheat Research Alliance to develop programs concerning oilheat research and development, safety issues, consumer education, and training. Defines industry to include those persons involved in the production, transportation, and sale of oilheat, and in the manufacture and distribution of oilheat utilization equipment, in the United States (but not the ultimate consumers of oilheat). Permits State participation in such Alliance. Prescribes guidelines for Alliance membership and representation. Requires the Alliance to: (1) establish a program coordinating its operation with that of any similar State, local, or regional program; and (2) levy and collect annual assessments on the wholesale sale of No. 1 distillate and No. 2 dyed distillate sufficient to cover Alliance plans and program costs. Empowers the Alliance to bring suit in Federal court to compel compliance with any assessments it levies.
United States · United States Congress · 31 March 1998
Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who: (1) is not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel.
United States · United States Congress · 27 March 1998
Amateur Radio Spectrum Protection Act of 1998 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC), after July 1, 1998, from making any reallocations of amateur radio service (ARS) frequency bands, diminishing the secondary allocations of such bands to ARS, or making additional allocations within such bands that would substantially reduce their utility to ARS, unless at the same time the FCC provides equivalent replacement spectrum to ARS.
United States · United States Congress · 24 March 1998
Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except: (1) an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies; or (2) an action under the Employee Retirement Income Security Act of 1974. Specifies the extent to which this Act preempts State and other Federal law, as well as the limits of its effect on State, Federal, and foreign government sovereign immunity. (Sec. 2) Establishes a statute of limitations for health care liability actions of two years from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than five years after the date the alleged injury occurred. (Sec. 3) Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages attributable to such defendant in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages, as determined by the trier of fact. Requires for the award of punitive damages that the claimant establish by clear and convincing evidence that the harm suffered was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others. Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device which caused the claimant's harm where: (1) the drug or device was subject to premarket approval by the Food and Drug Administration (FDA) with respect to the safety of the formulation or performance of the aspect of such drug or device which caused the claimant's harm, or the adequacy of the packaging or labeling of such drug or device which caused the harm, and such drug, device, packaging, or labeling was approved by the Food and Drug Administration; or (2) the drug is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Allows punitive damages in any case in which, before or after premarket approval: (1) the defendant intentionally and wrongfully withheld from or misrepresented to the FDA any information about the drug or device which was material and relevant to the harm suffered, and whose submission was required by the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act; or (2) the defendant made an illegal payment to an FDA official or employee for the purpose of securing or maintaining such approval. Prohibits punitive damages against a drug manufacturer or product seller in a health care liability action for harm alleged to relate to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging, unless the court finds by clear and convincing evidence that such packaging or labeling is substantially out of compliance with such regulations. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000. Permits defendants to introduce evidence of collateral source payments. Declares that no provider of collateral source payments shall recover, in a judgment or in a settlement, any amount against the claimant or receive any lien or credit against the claimant's recovery or be equitably or legally subrogated to the right of the claimant in a health care liability action. (Sec. 4) Entitles the prevailing party in an action to attorney's fees from the non-prevailing party, if: (1) the claimant seeks noneconomic damages in excess of $250,000 or three times the economic damages, whichever is less; and (2) the request for such damages in such amount is made before the determination of liability of one party or another by verdict or order of judgment. Prohibits the sum of the attorney's fees to which the prevailing party is entitled from exceeding the attorney's fees of the non-prevailing party. Authorizes a court to limit such fees if their amount is deemed unjust. Specifies limits to contingent fees. (Sec. 5) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act.
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 · 19 March 1998
Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.
United States · United States Congress · 10 March 1998
Temporary Agricultural Worker Act of 1998 - Amends the Immigration and Nationality Act to establish a 24-month pilot program for the U.S. admission of temporary or seasonal agricultural workers based upon an employer labor condition attestation filed with the appropriate State agency. Sets forth program provisions. Offsets such admissions with temporary reductions in diversity and unskilled workers' immigrant visas. Establishes a trust fund in the Treasury to assure the return of such workers to their home countries.
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 · 5 March 1998
Small Business Lawsuit Abuse Protection Act of 1998 - Provides that, in any civil action against a small business (fewer than 50 full-time employees), punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses; or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.
United States · United States Congress · 3 March 1998
Small Business Paperwork Reduction Act Amendments of 1998 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies. Requires each Federal agency, with respect to the collection of information and the control of paperwork: (1) to establish one agency point of contact to act as a liaison with small businesses; (2) in the case of a first-time information collection violation by a small business which does not cause actual serious harm to the public health or safety, to impose no civil fine on such business if the violation is corrected within six months of violation notification; and (3) if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification. Allows an agency to waive the suspension of such fines after congressional notification. Excludes the Internal Revenue Service as a Federal agency for purposes of (2) and (3), above. Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information.
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 · 26 February 1998
Expresses the sense of the Congress that the United States should not take military action against Iraq unless that action is specifically authorized by a law enacted after the date of the adoption of this resolution.
United States · United States Congress · 25 February 1998
Credit Union Membership Protection Act - Amends the Federal Credit Union Act to permit any person who is a Federal credit union member as of February 25, 1998, to retain member status if such status would be lost as a result of a certain Supreme Court decision construing membership criteria.
United States · United States Congress · 24 February 1998
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
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 · 12 February 1998
Science Integrity Act - Requires each Federal agency that issues or may issue regulations supported by scientific data, not later than January 1999, to issue regulations establishing procedures to ensure that the acquisition, interpretation, incorporation, and application of all such scientific data is subject to peer review by at least two but not more than five individuals from a list of peer reviewers created pursuant to this Act. Directs the head of each such agency to: (1) create, using the Federal Register, scientific and commercial journals, the National Academy of Sciences, and other similar resources, a list of specified individuals who are qualified and willing to perform peer review functions for the agency; and (2) select individuals from the list to peer review each proposed regulation of the agency that is supported by scientific data. Requires the head of an agency, upon receipt of all peer review reports for a proposed regulation, to publish in the Federal Register a notice of availability of those reports, and the scientific data reviewed therein, for public comment. Requires the head of an agency, within 30 days after the completion of the public comment period, to transmit to the Office of Regulations Integrity established under this Act: (1) each peer review report; (2) all scientific data used in support of the proposed regulation or requested by a peer reviewer; (3) the response of the head of the agency to points of disagreement among the peer reviewers; and (4) all public comments received. Prohibits the proposed regulation from being issued in final form until 30 days after transmittal. Requires any recommendations of the Office in response to a transmittal to be provided to the agency, the President, and the Congress. Requires regulations issued establishing peer review procedures to include emergency exception provisions. Establishes an Office of Regulations Integrity to: (1) review regulations issued by each Federal agency establishing peer review procedures, and if the Office determines that such regulations do not represent the expert opinions of a majority of the scientists who will be carrying out peer reviews, or that such regulations are inadequate or inappropriate, to notify the agency, the President, and the Congress; (2) transmit to the President and the Congress an annual report on each agency's performance in complying with its peer review regulations; and (3) review regulations issued by an agency with supporting scientific data, if the Office has reason to believe such regulations were issued, or the scientific data were acquired, interpreted, incorporated, or applied in a manner significantly inconsistent with the peer review regulations issued by the agency, and if the Office finds these procedures to be inconsistent with such regulations, to notify the agency, the President, and the Congress.
United States · United States Congress · 12 February 1998
Fair Housing Amendments Act of 1998 - Amends the Fair Housing Act to state that: (1) nothing in such Act shall be construed to make the expression of an opinion or the seeking of redress from public authority a violation of such Act; and (2) a party shall not be liable for engaging in litigation or administrative proceedings unless done so for an improper purpose, or not supported by evidence or warranted by existing law. (Sec. 3) Requires specificity of complaint. (Sec. 4) States that a provision of State or local law shall not be construed to violate fair housing provisions if the alleging party has not first exhausted State remedies. (Sec. 5) Provides that familial status protection shall apply to persons related by blood, marriage, or adoption and certain foster children. (Sec. 6) States that fair housing provisions shall not prevent local control of residential uses.
United States · United States Congress · 11 February 1998
Parental Freedom of Information Act - Amends the General Education Provisions Act to prohibit the availability of funds under any applicable program to any educational agency or institution that has a policy of denying, or that effectively prevents, parents of elementary and secondary school students from exercising the right to inspect and review any instructional materials used with respect to the educational curriculum of, or certain testing materials administered to, their children. Allows parents to maintain a civil action for appropriate relief if their right to gain access to such information is violated. Prohibits the availability of funds under any applicable program to an educational agency or institution that, as part of an applicable program and without the prior written informed consent of the parent of a student, requires the student to: (1) undergo medical, psychological, or psychiatric examination, testing, treatment, or immunization, except in the case of a medical emergency; or (2) reveal any information about the student's personal or family life, except to the extent necessary to comply with the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 11 February 1998
Prohibits construction of any monument, memorial, or other structure on the parcel of Federal land located south of Rosslyn, Virginia, and north of the Arlington National Cemetery that is bounded on the west by Meade Street, on the north by Arlington Boulevard (U.S. Route 50), on the east by Jefferson Davis Highway (Virginia Route 110), and on the south by Marshall Drive (site of the Iwo Jima Memorial). Exempts from application of this Act: (1) the United States Marine Corps (Iwo Jima) Memorial and the Netherlands Carillon; and (2) the construction, reconstruction, or repair of below-grade utility facilities, including sewer, electrical, water supply, and communications facilities. Allows an individual to bring a civil action in the appropriate U.S. district court against any person (including the United States) to enforce this Act. Directs the Secretary of the Interior, upon receipt from the Chairman of the Air Force Memorial Foundation of adequate documentation of design expenses associated with the United States Air Force Memorial proposed to be located on the parcel, subject to appropriation, to transfer to the Foundation such amount as the Secretary finds necessary to fully reimburse the Association for all site specific design expenses incurred by it prior to September 17, 1997, with respect to such proposed memorial. Authorizes appropriations.
United States · United States Congress · 11 February 1998
Expresses the sense of the Congress that: (1) it has never granted the Federal Communications Commission (FCC) the authority to compel broadcast station licensees to provide free broadcast time for the airing of political advertising, other than the specific equal time obligations required under the Communications Act of 1934; (2) such Act contains specific and reasonable limits on the compensation that may be required of candidates for such advertising; (3) the FCC may not further expand the public interest obligations of such licensees to accept such advertising without express statutory authority from the Congress; and (4) the FCC should not engage in litigation concerning limits on its authority over such advertising.
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 · 28 January 1998
Higher Education Reporting Relief Act - Amends the Internal Revenue Code to: (1) repeal the higher education tuition information return requirement for educational institutions and certain related businesses; and (2) require certain institution-identifying information to be provided by the taxpayer in order to claim the tuition credit.
United States · United States Congress · 27 January 1998
Tax Code Termination Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 27 January 1998
Terminates, effective on October 1, 2003, a military retiree's required contributions to the military Survivor Benefit Plan after such retiree has made such contributions for 30 years and has attained age 70.
United States · United States Congress · 27 January 1998
Marriage Protection and Fairness Act of 1998 - Amends the Internal Revenue Code to authorize a married couple to file jointly using unmarried tax rates (the tax being the aggregate of the two individually taxed incomes).
United States · United States Congress · 27 January 1998
Expresses the sense of the Congress that: (1) child care assistance, when provided to families, should be provided regardless of whether a child is cared for by an at-home parent, family member, neighbor, or child care center; and (2) a key component to any quality child care proposal should include financial relief for those families where there is an at-home parent. Calls for no bias against at-home parents, and recognizes and applauds their sacrifices and efforts.
United States · United States Congress · 13 November 1997
Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.
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 · 8 November 1997
Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to increase: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs. Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts to carry out the plan. Requires States to develop an outreach and communications plan. (Sec. 4) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act. (Sec. 5) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions. Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels. (Sec. 6) Amends the Internal Revenue Code to extend the date on which the tax rate on diesel fuel and nonaviation gasoline decreases and the date until which amounts attributable to motorboat fuel taxes must be transferred from the Highway Trust Fund to the Boat Safety Account in the Aquatic Resources Trust Fund. Decreases the aggregate limit on transfers during any fiscal year and removes the limit on the amount in the Account. Extends the date until which amounts attributable to small-engine fuel taxes must be transferred from the Highway Trust Fund into the Sport Fish Restoration Account in the Aquatic Resources Trust Fund and the date until which Boat Safety Account funds are available for expenditures to carry out recreational boat safety provisions.
United States · United States Congress · 8 November 1997
Responsibility in Managed Care Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA preemption of State law certain causes of action for damages for personal or financial injury or wrongful death resulting from failures to provide health care benefits under employee welfare benefit plans providing such benefits.
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
Authorizes the Secretary of Defense to assign members of the armed forces to assist: (1) the Immigration and Naturalization Service (INS) in preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States; and (2) the U.S. Customs Service (Customs) in the inspection of cargo, vehicles, and aircraft at U.S. points of entry. Allows such assignment only at the request of the Attorney General (for the INS) or Secretary of the Treasury (for Customs). Requires the Attorney General or the Secretary of the Treasury, together with the Secretary of Defense, to establish a training program for members so assigned. Requires a civilian law enforcement official to accompany each member performing such a function. Requires notification to the appropriate State of military personnel so assigned. Terminates the assignment authority after September 30, 2001.
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 · 7 November 1997
Occupational Safety and Health Administration Compliance Assistance Authorization Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to direct the Secretary of Labor to establish a compliance assistance program of cooperative agreements with the States, under which employers may consult with State officials about compliance with occupational safety and health requirements as well as voluntary efforts employers may undertake. Requires States, under such agreements, to provide on-site consultation upon employer request. Authorizes States to provide other education and training programs for employers and employees. Requires such program activities to be conducted independently of enforcement activities. Exempts employers from certain inspections if they request and undergo on-site consultative visits and correct identified hazards and agree to request subsequent visits if there are major changes in working conditions or processes which introduce new hazards. Requires at least 90 percent of funds appropriated for compliance assistance activities under OSHA to be used for such compliance assistance program.
![Official portrait of Rep. Norwood, Charles W. [R-GA-9]](https://www.congress.gov/img/member/n000159_200.jpg)