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United States · Official source
1,604 records where Sen. Hutchinson, Tim [R-AR] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 March 1998
Amends the Internal Revenue Code to exclude distributions from an individual retirement account from inclusion in gross income to the extent that such distributions are used for charitable purposes.
United States · United States Congress · 10 March 1998
Calls for commemoration of the death of George Washington.
United States · United States Congress · 9 March 1998
Designates December 13, 1998, as National Children's Memorial Day.
United States · United States Congress · 6 March 1998
TABLE OF CONTENTS: Title I: Provisions Relating to Women's Health Research at the National Institutes of Health Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Women's Health Research and Prevention Amendments of 1998 - Title I: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends the Public Health Service Act to extend the authorization of appropriations for programs regarding diethylstilbestrol (DES). Mandates a program of education of health professionals and the public concerning DES. (Sec. 102) Extends the authorizations of appropriations for: (1) research on osteoporosis, Paget's disease, and related bone disorders; (2) the National Cancer Institute; (3) breast cancer programs; and (4) programs on ovarian and other cancers of the reproductive system of women. (Sec. 104) Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute regarding heart attack, stroke, and other cardiovascular diseases in women. Authorizes appropriations. (Sec. 105) Extends the authorization of appropriations for the National Institute on Aging. (Sec. 106) Requires that the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) appoint members of the Advisory Committee on Women's Health. Title II: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Extends the authorization of appropriations for the National Center for Health Statistics and the National Program of Cancer Registries. (Sec. 203) Requires that certain breast and cervical cancer programs be carried out through public or private (currently, public or nonprofit private) entities. Extends authorizations of appropriations for various preventive health measures relating to breast and cervical cancers. (Sec. 204) Extends the authorizations of appropriations for: (1) centers for research and demonstration regarding health promotion and disease prevention; and (2) community projects to coordinate intervention and prevention of domestic violence.
United States · United States Congress · 6 March 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 · 3 March 1998
Disapproves the President's determination contained in the foreign assistance certification submitted to the Congress on February 26, 1998, that Mexico has cooperated fully with the United States to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
United States · United States Congress · 3 March 1998
Disapproves the President's determination contained in the foreign assistance certification submitted to the Congress on February 26, 1998, that Mexico has cooperated fully with the United States to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Waives provisions of the Foreign Assistance Act of 1961 relating to the withholding of bilateral assistance and opposition to multilateral development assistance to Mexico during FY 1998 if at any time after this Act's enactment the President submits to the Congress a certification that vital U.S. national interests so require.
United States · United States Congress · 2 March 1998
Expresses the sense of the Senate that the United States, at the annual meeting of the United Nations Commission on Human Rights, should introduce and make all efforts necessary to pass a resolution criticizing the People's Republic of China for its human rights abuses in China and Tibet.
United States · United States Congress · 26 February 1998
Fair Hearing Act - Amends the National Labor Relations Act to direct the National Labor Relations Board to provide for a hearing to determine the unit's appropriateness, if a petition for an election requests the Board to certify a bargaining unit which includes the employees employed at one or more facilities of a multi-facility employer, and there is an absence of agreement by the parties (in the form of a stipulation for certification upon consent election or agreement for consent election). Specifies factors for the Board to consider in making such determination.
United States · United States Congress · 26 February 1998
Fair Access to Indemnity and Reimbursement Act - Amends the National Labor Relations Act to allow the recovery of attorney's fees and costs by certain employers and labor organizations who are prevailing parties in proceedings brought against them by the National Labor Relations Board (NLRB). Requires that such employers or labor organizations have not more than 100 employees and a net worth of not more than $1.4 million at the time of such proceedings. Provides for such recovery without regard to whether the position of the NLRB or a court was substantially justified or special circumstances make an award unjust.
United States · United States Congress · 26 February 1998
Justice on Time Act of 1998 - Amends the National Labor Relations Act to require the National Labor Relations Board to resolve unfair labor practice complaints within 365 days after filing.
United States · United States Congress · 25 February 1998
Wetlands and Wildlife Enhancement Act of 1998 - Amends the North American Wetlands Conservation Act and the Partnerships for Wildlife Act to extend the authorization of appropriations to carry out such Acts through FY 2003.
United States · United States Congress · 25 February 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 · 25 February 1998
Expresses the sense of the Senate that March 2, 1998, shall be known as Read Across America Day, in honor of Dr. Seuss's birthday. Encourages reading with children on that day.
United States · United States Congress · 12 February 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 · 12 February 1998
Designates October 18 through 24, 1998, as National Character Counts Week.
United States · United States Congress · 12 February 1998
Declares that the Congress recognizes that: (1) parents choose many legitimate forms of child care to meet their individual needs; (2) child care needs of at-home parents and working parents should be given careful consideration by the Congress; and (3) any quality child care proposal should reflect careful consideration of providing 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 · 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 · 10 February 1998
Federal Surplus Property Improvement Act of 1998 - Requires that nonlethal excess supplies of the Department of Defense be made available to a State or a local government upon request before such supplies are made available for humanitarian relief purposes. Permits the President to make such supplies available for humanitarian purposes before they are made available to a State or local government in response to a natural disaster emergency. Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there are no Federal or State use requirements for the property under any other provision of law. Amends the Small Business Act to: (1) repeal the requirement permitting the transfer of U.S.-owned technology or surplus property to participants in the small business and capital ownership development program on a priority basis; and (2) subject to the oversight of the GSA Administrator, in consultation with State agencies responsible for surplus property distribution, the transfer of such technology or surplus property to program participants. Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement. Requires the Administrator of General Services to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority.
United States · United States Congress · 9 February 1998
Designates the week of May 3, 1998, as National Correctional Officers and Employees Week.
United States · United States Congress · 4 February 1998
Constitutional Amendment - Declares that the Congress shall have power to prohibit the physical desecration of the U.S. flag.
United States · United States Congress · 3 February 1998
Human Cloning Prohibition Act - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology; and (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both; and (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.
United States · United States Congress · 3 February 1998
Human Cloning Prohibition Act of 1998 - Amends the Federal criminal code to prohibit any person or entity: (1) in or affecting interstate commerce, from using human somatic cell nuclear transfer technology; and (2) from importing an embryo produced through such technology. Sets penalties for violations of this Act of: (1) up to ten years in prison, a fine, or both; and (2) not more than twice the amount of any gross pecuniary gain derived from such violation. Establishes within the Institute of Medicine the National Commission to Promote a National Dialogue on Bioethics. Directs the Commission to provide an independent forum for broad public participation and discourse concerning important bioethical issues, including cloning. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that the Federal Government should advocate and join an international effort to prohibit the use of human somatic cell nuclear transfer technology to produce a human embryo.
United States · United States Congress · 29 January 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 · 28 January 1998
Medicare Venipuncture Assessment Act of 1998 - Amends the Balanced Budget Act of 1997 to place an 18-month moratorium on the prohibition against payment for home health services consisting of venipuncture solely for purposes of obtaining a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act. Requires the report on the definition of homebound to include specific legislative recommendations to reduce waste, fraud, and abuse (if any) in the determination of whether an individual is homebound without jeopardizing the Medicare services provided to beneficiaries with serious medical conditions.
United States · United States Congress · 28 January 1998
Condemns the continued threat to international peace and security posed by Iraq's refusal to meet its international obligations and end its weapons of mass destruction programs. Urges the President to: (1) take all necessary and appropriate actions to respond to such threat; and (2) work with the Congress in furthering a long-term policy aimed at definitively ending such threat.
United States · United States Congress · 27 January 1998
Urges the Department of Education, States, and local education agencies to work together to ensure that at least 95 percent of all funds appropriated for Department-administered elementary and secondary education programs is spent for children in their classrooms.
United States · United States Congress · 27 January 1998
Requests that the President issue a proclamation designating February 3, 1998, as Four Chaplains Day.
United States · United States Congress · 10 November 1997
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 · 10 November 1997
Designates April 6 as National Tartan Day.
United States · United States Congress · 8 November 1997
Effective Substance Abuse Treatment Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse. Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols. Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction. Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated. Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds. Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary.
United States · United States Congress · 8 November 1997
Designates 1998 as the Onate Cuartocentenario to commemorate the 400th anniversary of the first permanent Spanish settlement in New Mexico.
United States · United States Congress · 7 November 1997
Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete. Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers.
United States · United States Congress · 5 November 1997
Nazi War Crimes Disclosure Act - Amends the Freedom of Information Act to redefine the term "Nazi war criminal records." Requires such records to be released in their entirety, subject to disclosure exceptions. Provides disclosure exceptions for the release of specific information which should be expected to reveal, among other things: (1) the identity of a confidential human source, or information about the application of an intelligence source or method, or the identity of a human intelligence source when the unauthorized disclosure of that source would damage the national security of the United States; (2) information that would assist in the development or use of weapons of mass destruction; and (3) information that would seriously impair relations between the United States and a foreign government, or seriously undermine ongoing diplomatic activities of the United States. Prohibits applying the exception to records: (1) related to or supporting any investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or (2) in the possession or control of that office. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency shall not apply to information regarding any operational file, or portion of any operational file, that constitutes a Nazi war criminal record. Establishes the Nazi War Criminal Records Interagency Working Group to locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives and Records Administration, all Nazi war criminal records of the United States. Provides for expedited processing of requests for Nazi war criminal records.
United States · United States Congress · 5 November 1997
Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month.
United States · United States Congress · 30 October 1997
Condemns the newly passed Russian law restricting freedom of religion and violating international norms, treaties to which the Russian Federation is a signatory, and the Russian Constitution. Calls upon: (1) President Clinton to make clear to President Yeltsin and the Russian legislature the U.S. position that such law may seriously harm U.S.-Russian relations; (2) President Yeltsin and the Russian legislature to uphold their international commitments on human rights, abide by the Russian Constitution's guarantee of freedom of religion, and reconsider their position by amending the law and lifting all restrictions on freedom of religion; and (3) all governments and legislatures of the independent states of the former Soviet Union to respect religious human rights and resist efforts to adopt the discriminatory Russian law.
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
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 on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 21 October 1997
Asthma Inhaler Regulatory Relief Act - Prohibits the Environmental Protection Agency and the Food and Drug Administration from prohibiting the manufacture, distribution, or sale of metered-dose inhalers using chlorofluorocarbons unless alternatives are available that, for all user populations, are comparable in safety, effectiveness, therapeutic indications, dosage strength, costs, and retail availability. Mandates withdrawal of a proposed rulemaking and prohibits issuing any other proposal until after a specified meeting and extensive consultations with stakeholders. Requires, after that meeting: (1) a new proposed rulemaking setting forth the initial strategy for facilitating the U.S. transition to metered-dose inhalers that do not use chlorofluorocarbons; and (2) submission of the strategy to the Montreal Protocol Secretariat to fulfill U.S. obligations under a specified Protocol decision.
United States · United States Congress · 9 October 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.
United States · United States Congress · 9 October 1997
Authorizes the President to present gold medals, on behalf of the Congress, to named individuals referred to collectively as the "Little Rock Nine," in recognition of the selfless heroism they exhibited and the pain they suffered in the cause of civil rights by integrating Central High School in Little Rock, Arkansas. Authorizes appropriations. Authorizes the Secretary of the Treasury to strike and sell duplicates of such medals in bronze. States that these medals are national medals.
United States · United States Congress · 9 October 1997
Designates October 17, 1997, as National Mammography Day.
United States · United States Congress · 7 October 1997
Securities Litigation Uniform Standards Act of 1997 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to proscribe bringing a private class action based upon State or municipal law in State or Federal court by any private party alleging: (1) an untrue statement or omission in connection with the purchase or sale of a covered security; or (2) that the defendant used any manipulative or deceptive device in connection with such a transaction. Declares that any class action brought in any State court involving a covered security shall be removable to the Federal district court for the district in which the action is pending.
United States · United States Congress · 3 October 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 · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 30 September 1997
Safety Advancement for Employees Act of 1997 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to review the draft final standard and the scientific literature, and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection procedures. Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 9) Establishes the use of alternative safe methods as an affirmative defense for employers. Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Reduces the types of violations of posting or paperwork requirements for which an employer may be assessed a civil penalty. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 15) Sets forth consultation alternatives to issuance of citations.
United States · United States Congress · 26 September 1997
50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
United States · United States Congress · 26 September 1997
TABLE OF CONTENTS: Title I: Abolishment of Department of Commerce Title II: Disposition of Programs, Functions, and Agencies of Department of Commerce Title III: Establishment of United States Trade Administration Subtitle A: General Provisions Subtitle B: United States Trade Administration Title IV: United States Patent and Trademark Organization Subtitle A: United States Patent and Trademark Organization Subtitle B: Early Publication of Patent Applications Subtitle C: Patent Term Restoration Subtitle D: Prior Domestic Commercial Use Subtitle E: Patent Reexamination Reform Subtitle F: Miscellaneous Patent Provisions Title V: Statistical Consolidation Subtitle A: General Provisions Subtitle B: Establishment of the Federal Statistical Service Subtitle C: Transfers of Functions and Offices Subtitle D: Administrative Provisions Subtitle E: Miscellaneous Title VI: Miscellaneous Provisions Department of Commerce Dismantling Act - Title I: Abolishment of Department of Commerce - Abolishes the Department of Commerce (Department). Transfers all Department functions to the Director of the Office of Management and Budget (OMB) before the applicable date of abolishment, which is the earlier of: (1) the last day of the six-month period beginning on the date of enactment of this Act; or (2) September 30, 1998. (Sec. 103) Sets forth requirements for the resolution of all Department functions. Terminates all functions that are transferred to the Director that are not otherwise continued by this Act on the last day of the three-year period beginning on the date of enactment. (Sec. 104) Sets forth provisions concerning: (1) the OMB Director's responsibilities during the resolution and termination of functions; and (2) transfer of Department personnel. (Sec. 106) Provides for the submission of specified reports. (Sec. 107) Requires General Accounting Office (GAO) audits of: (1) persons performing functions or activities pursuant to this Act and (2) persons providing certain goods or services to, or receiving financial assistance from, persons performing functions or activities pursuant to this Act. (Sec. 109) Sets forth provisions for privatizing transferred functions designated for privatization under Title II of this Act. (Sec. 110) Amends Federal law concerning Government organization and employees to require affected agencies to establish agencywide priority placement programs for Federal employees affected by a reduction in force attributable to this Act. (Sec. 111) Limits the total amount authorized to be appropriated as funding related to the performance of functions transferred to the Director or to OMB from the Department to not exceed: (1) for the first fiscal year that begins after the abolishment date, 75 percent of the total amount of funding appropriated to the Department for FY 1997; and (2) for the second fiscal year that begins after the abolishment date and for each fiscal year thereafter, 65 percent of the total amount appropriated to the Department for FY 1997. Title II: Disposition of Particular Programs, Functions, and Agencies of Department of Commerce - Repeals the Public Works and Economic Development Act of 1965 and transfers all financial obligations owned by the Department under such Act to the Department of the Treasury. Requires an audit by the Comptroller General of all Department grants made under such Act in FY 1997. (Sec. 202) Terminates the Technology Administration and the Office of Technology Policy. Redesignates the National Institute of Standards and Technology as the National Bureau of Standards (NBS). Transfers: (1) the NBS to the National Oceanic Atmospheric Administration (NOAA) reestablished under this Act; (2) all functions relating to the Bureau that were functions of the Secretary of Commerce (Secretary) or the Under Secretary of Commerce for Technology to the NBS Director; and (3) all functions of the National Technical Information Service (NTIS) to the OMB Director for privatization. Provides for the reestablishment of the NTIS as a wholly owned Government corporation if an arrangement for privatization of the functions of the NTIS has not been made. (Sec. 203) Transfers all functions of the Secretary relating to the Bureau of the Census and the Bureau of Economic Analysis to the Federal Statistical Service established under this Act. (Sec. 204) Terminates assistance to: (1) public telecommunications; (2) educational television programs; and (3) telecommunications demonstrations. Repeals establishment of the National Endowment for Children's Educational Television (thus abolishing it). Transfers the: (1) National Telecommunications and Information Administration (NTIA) laboratories to the OMB Director for privatization; (2) NTIA functions concerning the research and analysis of the electromagnetic spectrum to the NBS Director; and (3) functions of the NTIA, and of the Secretary and the Assistant Secretary of Communications and Information with respect to the NTIA to the Federal Communications Commission. Provides for the transfer of NTIA laboratories to the reestablished NOAA if an arrangement for privatization of the laboratories has not been made. Abolishes the NTIA. (Sec. 205) Terminates specified miscellaneous NOAA research programs. Transfers from the NOAA: (1) aeronautical mapping and charting functions to the Transportation Administrative Services Center at the Department of Transportation; (2) functions relating to mapping, charting, and geodesy authorized under a certain Act to the Army Corps of Engineers; (3) all functions and assets performed by the National Environmental Satellite, Data, and Information System to the reestablished NOAA; (4) all functions and assets (including global programs) performed by the NOAA that were authorized to be performed by the Office of Oceanic and Atmospheric Research to the reestablished NOAA; and (5) all functions and assets of the NOAA that are authorized to be performed by the National Weather Service to the reestablished NOAA. Prohibits: (1) funding for the NOAA Corps of commissioned officers after FY 1997; and (2) allowing individuals to serve as such commissioned officers after FY 1997. Provides for the establishment of a priority placement program by NOAA to assist commissioned officers who are separated from the active list because of the termination. Abolishes on September 30, 2000: (1) the Office of the NOAA Administration of Corps of Operations or its successor; and (2) the Commissioned Personnel Center. Sets forth service contract provisions with respect to the NOAA Administration Fleet. Directs the Administrator of Oceans and Atmosphere to: (1) use excess capacity of University National Oceanographic Laboratory System vessels; and (2) enter into memoranda of agreement with the operators of such vessels. Transfers certain excess vessels to the National Defense Reserve Fleet. Transfers to the: (1) NOAA all functions authorized to be performed by the National Marine Fisheries Service; (2) reestablished NOAA all functions performed by the National Ocean Service, including the Coastal Ocean Program; and (3) Administrator of the Environmental Protection Agency coastal nonpoint pollution functions that are vested in the Secretary under the Budget Reconciliation Act of 1990. (Sec. 206) Reestablishes as an independent agency in the executive branch the NOAA. Provides for administration of NOAA, and all functions and offices transferred to the new NOAA, under the supervision and direction of an Administrator of Oceans and Atmosphere. Transfers to the new NOAA: (1) the functions and offices of NOAA; (2) the NBS along with its functions and offices; and (3) the Office of Space Commerce, along with its functions and offices. Terminates NOAA and certain other agency offices affected by the transfer. (Sec. 207) Terminates: (1) the Minority Business Development Administration; (2) NTIA programs and activities mentioned in section 204 of this Act; (2) the Advanced Technology Program; (3) the Manufacturing Extension Programs; (4) the NIST METRIC Program; and (5) the Economics and Statistics Administration. Title III: Establishment of United States Trade Administration - Subtitle A: General Provisions - Sets forth definitions. Subtitle B: United States Trade Administration - Chapter 1: Establishment - Reestablishes the Trade Administration in the executive branch as an independent establishment to be headed by the Trade Representative who shall retain ambassador rank and represent the United States in all trade negotiations conducted by the Trade Administration. Directs the Trade Representative to serve as the principal adviser to the President on international trade policy, along with certain additional trade related functions, including those under Chapter 3. Chapter 2: Officers - Sets forth provisions related to Trade Administration management positions and related functions, among other things establishing three Deputy U.S. Trade Representatives: (1) the Deputy U.S. Trade Representative for Negotiations (with ambassador rank); (2) the Deputy U.S. Trade Representative to the World Trade Organization (WTO) (with ambassador rank); and (3) the U.S. Trade Representative for Administration (acts for and exercises the functions of the Trade Representative during the absence, disability, or vacancy of the Trade Representative and exercises all transferred or established Trade Administration functions, except those functions exercised by certain Trade Administration officials). Establishes four Assistant Administrators to exercise certain transferred Department functions under the direction of the Deputy Trade Representative for Administration: (1) the Assistant Administrator for Export Administration; (2) the Assistant Administrator for Import Administration; (3) the Assistant Administrator for Trade and Policy Analysis; and (4) the Assistant Administrator for Export Promotion (with ambassador rank). Creates the position of chief financial officer to perform all functions prescribed by the Deputy Trade Representative for Administration under the direction of such Deputy. Chapter 3: Transfers to the Trade Administration - Abolishes the Office of the United States Trade Representative. Transfers to the Trade Administration Federal trade functions, including those of the Department, the Trade and Development Agency, the Export-Import Bank, and the Overseas Private Investment Corporation. (Sec. 336) Directs the President to: (1) transmit to the Congress a comprehensive plan to consolidate Federal nonagricultural export promotion and financing activities; and (2) transfer those functions to the Trade Administration. (Sec. 337) Transfers: (1) functions of the Committee for the Implementation of Textile Agreements (CITA) to the Trade Administration; and (2) other functions of CITA related to the assessment of the impact of textile imports on domestic industry to the International Trade Commission. Abolishes CITA. Chapter 4: Administrative Provisions - Sets out Trade Representative related administrative provisions pertaining to personnel and other miscellaneous administrative matters, including those relating to a working capital fund for administrative expenses. Chapter 5: Related Agencies - Amends the Trade Expansion Act of 1962, the National Security Act of 1947, and the Bretton Woods Agreement Act to make miscellaneous and conforming changes to complete the consolidation and streamlining process described above. Chapter 6: Conforming Amendments - Makes miscellaneous technical and conforming amendments to various specified provisions of Federal law, including those relating to executive schedule positions. Chapter 7: Miscellaneous - Limits the total amount appropriated in the performance of all functions vested in the Trade Representative and the Trade Administration to not exceed: (1) for the first fiscal year that begins after the effective date, 75 percent of the total amount appropriated in FY 1998; and (2) for the second fiscal year and each fiscal year thereafter, 65 percent of the total amount appropriated in FY 1998. Title IV: United States Patent and Trademark Organization - Subtitle A: United United States Patent and Trademark Organization - United States Patent and Trademark Organization Act of 1997 - Chapter 1: Establishment of the United States Patent and Trademark Organization - Establishes the United States Patent and Trademark Organization as a wholly owned Government corporation under the policy direction of the Secretary. Requires the Organization to maintain an office in the District of Columbia metropolitan area. Makes the Organization responsible for authorizing the transfer of up to $100,000 in any year to the Department of State for special payments to international intergovernmental organizations for studies and programs to advance international cooperation concerning patents, trademarks, and related matters. Authorizes the Organization to retain and use all of its revenues and receipts. (Sec. 413) Vests management of the Organization in a Director of the United States Patent and Trademark Organization (Director) who shall be appointed by the President. Requires the Director to take specified actions, including: (1) advising the President of all activities of the office undertaken in response to U.S. obligations under treaties and executive agreements or which relate to cooperative programs with foreign governmental authorities responsible for granting patents or registering trademarks; (2) representing the United States, at the President's direction, in international negotiations on matters of patents or trademarks; (3) maintaining a program for identifying national security positions and providing for appropriate security clearances; (4) ensuring that the United States Patent and Trademark offices each prepare appropriation requests, adjust fees to provide sufficient revenues to cover expenses, and expend funds derived from such fees only for the functions of such offices; (5) reporting annually to the Congress on office budgetary and expenditure activities and related matters; and (6) appointing Commissioners of Patents and Trademarks, respectively. Exempts the Organization from any administratively or statutorily imposed limitation on positions or personnel and from provisions governing Federal employees, with exceptions, including those relating to retirement, health benefits, life insurance, and labor-management relations. (Sec. 414) Revises Federal provisions to establish as separate administrative units of the Organization the United States Patent and Trademark Offices. Provides for the establishment of Patent and Trademark Office Management Advisory Boards to review the policies, goals, performance, budget, and user fees of their respective Offices and a Board of Patent Appeals and Interferences within the Patent Office. Sets forth provisions regarding annual reporting requirements to the Congress by, and funding of, such Offices. (Sec. 416) Sets forth provisions regarding: (1) suits by and against the Organization; (2) funding of Organization activities; and (3) transfer of functions, funds, and property. (Sec. 419) Prohibits the unofficial use of the names of the Organization or the Patent or Trademark Offices. Chapter 2: Effective Date; Technical Amendments - Makes this title effective four months after its enactment. Sets forth technical and conforming amendments to patent and trademark law and the Inspector General Act of 1978. Subtitle B: Early Publication of Patent Applications - Patent Application Publication Act of 1997 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending, one subject to a secrecy order, or one certifying that the invention disclosed has and will not be the subject of an application filed in a foreign country. Directs GAO to conduct a three-year study of applicants who file only in the United States. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Directs the Commissioner to establish appropriate procedures to ensure that this title does not create new opportunities for pre-issuance opposition that did not exist before its adoption. (Sec. 443) Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim, identifying the original foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent Office at any such time during the pendency of the application as required by the Commissioner. Allows the Commissioner to: (1) consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim; (2) require the payment of a surcharge as a condition of accepting an untimely claim during such pendency; and (3) require a certified copy of the original foreign application, specifications, and drawings upon which it is based, a translation if not in the English language, and such other information as necessary. Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted. (Sec. 444) Provides that a patent shall include the right to obtain a reasonable royalty from any person who, between the date the patent application is published and the date the patent is issued: (1) makes, uses, or sells in or imports into the United States the claimed invention or a product made by the invention if it is a process; and (2) had actual notice of the published patent application. Specifies that an action to obtain such a royalty must be brought within six years after the patent is issued. Provides for issuance to an applicant of a patent incorporating multiple claims of a published application. (Sec. 445) Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application filed earlier by another person in the United States, with exceptions. (Sec. 448) Provides that, if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or legal holiday, the period of pendency shall be extended to the next succeeding business day. Subtitle C: Patent Term Restoration - Modifies Federal patent law to restore to the patent holder any part of the term that is lost because of undue administrative delay caused by specified factors, such as an unusual administrative delay by the Patent Office in issuing the patent, subject to specified limitations. Defines "unusual administrative delay" as the failure to take specified actions, such as the failure to issue a patent within four months after the date on which the issue fee was paid and all outstanding requirements were satisfied. Requires the Commissioner to determine the period of any patent term adjustment available to an applicant and include a copy of such determination with the final application notice. Provides for judicial review with respect to patent term extensions. (Sec. 452) Directs the Commissioner to prescribe regulations for the further limited reexamination of applicants for patent at the request of the applicant. Authorizes the Commissioner to establish appropriate fees for such reexamination, allowing for a 50 percent fee reduction for certain qualifying small entities. Subtitle D: Prior Domestic Commercial Use - Prior Domestic Commercial Use Act of 1997 - Amends Federal patent law to create a defense to patent infringement with respect to any subject matter that would otherwise infringe one or more claims in the patent being asserted, if a person had, acting in good faith, commercially used the subject matter before the effective filing date of such patent. Specifies that the sale or other disposition of the subject matter of a patent by a person entitled to assert the defense shall exhaust the patent owner's rights to the extent they would have been exhausted had such disposition been made by the patent owner. Subjects the defense to specified limitations and qualifications regarding: (1) the scope of the defense; (2) effective and serious preparation; (3) burden of proof; (4) abandonment of use; (5) who may assert the defense; (6) a one-year limitation; (7) unsuccessful assertion of the defense; and (8) invalidity of a patent. Subtitle E: Patent Reexamination Reform - Patent Reexamination Reform Act of 1997 - Establishes procedures for reexamination proceedings based upon third-party (persons who are not the patent owner) requests. Requires documents filed in such proceedings, other than the request, to be served on all parties. Grants third-party requesters: (1) one opportunity to file written comments not less than one month after the date of service of the patent owner's response to any Patent Office action on the merits of reexamination; and (2) the right to appeal final reexamination decisions on the same basis such right is available to patent owners. Estops a third-party requester who files a notice of appeal or who participates as a party to an appeal from asserting at a later time the invalidity of any claim determined to be patentable on appeal on any ground which was or could have been raised during reexamination. Prohibits: (1) patent owners and third-party requesters, once an order for reexamination has been issued, from filing a subsequent reexamination request until a reexamination certificate is published; and (2) a party, once a final decision has been entered in a civil action that the party has not sustained the burden of proving the invalidity of a patent claim, from requesting reexamination on issues that were or could have been raised in the civil action. Requires the Board of Patent Appeals and Interferences to review adverse decisions of examiners in reexamination proceedings and authorizes appeals to the Board by patent owners and third-party requesters with respect to reexamination decisions. Permits appeals of Board decisions to the U.S. Court of Appeals for the Federal Circuit. (Sec. 475) Requires the Director to submit to the Congress a report evaluating whether the reexamination proceedings established under amendments made by this title are inequitable to any of the parties in interest and, if so, to recommend necessary changes. Subtitle F: Miscellaneous Patent Provisions - Revises provisions regarding abandonment of provisional applications to allow, notwithstanding the absence of a claim, a provisional application to be treated as a patent application under specified conditions. (Sec. 482) Grants: (1) benefits of an earlier filing date to an invention patent application filed in this country that has previously and regularly been filed for the same invention in a foreign country which affords similar privileges in the case of applications filed in a foreign WTO member country under specified conditions; and (2) applications for plant breeder's rights filed in such country or in a foreign UPOV Contracting Party the right of priority as a patent application, subject to the same conditions and requirements. (Sec. 483) Requires the Organization to develop and implement statewide computer networks with remote library sites in rural areas so that those citizens will have enhanced access to information in their State's patent and trademark depository library. (Sec. 485) Allows a patent to be issued for a tuber propagated plant. Provides that, in the case of a plant patent, the grant to the patentee shall include the right to exclude others from offering the reproduced plant or any of its parts for sale throughout, or importing the plant so reproduced into, the United States. (Sec. 486) Amends Federal patent provisions to authorize electronic filing of patent and trademark documents. (Sec. 487) Directs GAO to study and report to the Congress on the potential risks to the U.S. biotechnology industry relating to biological deposits in support of biotechnology patents. Requires the Patent Office to consider such recommendations in drafting regulations affecting biological deposits. Title V: Statistical Consolidation - Subtitle A: General Provisions - Expresses the sense of the Congress with respect to: (1) a more centralized statistical system and the role of the Chief Statistician of OMB; (2) confidentiality; and (3) decennial censuses of population. Subtitle B: Establishment of the Federal Statistical Service - Establishes the Federal Statistical Service as an independent establishment in the executive branch. Sets forth provisions for principal officers, including: (1) an Administrator; (2) a Deputy Administrator; (3) a Director of the Census; (4) a Director of the Bureau of Economic Analysis; and (5) a Director of the Bureau of Labor Statistics. (Sec. 513) Establishes a Federal Council on Statistical Policy to advise the Service, nominate the Administrator, serve as an advisory body to the Chief Statistician on certain confidentiality issues, and establish a unified statistical policy for the Federal Government. Mandates studies by the Council on: (1) whether the functions of the Bureau of the Census relating to decennial censuses of population could be delineated from the other functions of the Bureau; and (2) making the Bureau's field offices part of the field offices of the Bureau of Labor Statistics. Subtitle C: Transfers of Functions and Offices - Transfers to the Service the Bureau of Labor Statistics of the Department of Labor, along with all of its functions and offices. Subtitle D: Administrative Provisions - Sets forth provisions related to the administrative functions of the Administrator. Subtitle E: Miscellaneous Provisions - Sets forth miscellaneous provisions with respect to functions or offices of the Service and makes conforming amendments relating to certain officials of the Service. Title VI: Miscellaneous Provisions - Sets forth provisions pertaining to officers and employees to whom a function is transferred by this Act.
United States · United States Congress · 26 September 1997
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. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 24 September 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or for an applicable program, to develop, plan, implement, or administer any national testing program. Exempts from such funding prohibition: (1) the National Assessment of Educational Progress under the National Education Statistics Act of 1994; and (2) the Third International Mathematics and Science Study.