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United States · Official source
1,233 records where Rep. Gibbons, Jim [R-NV-2] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 11 June 1998
Expresses the sense of the Congress with respect to the implementation of the Food Quality Protection Act of 1996 and the related responsibilities of the Environmental Protection Agency.
United States · United States Congress · 10 June 1998
Silicone Breast Implant Research and Information Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding silicone breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural silicone breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of silicone breast implants. Directs the Commissioner of Food and Drugs to: (1) take specified steps to make updated information about the risks of silicone breast implant available to the public, via the toll-free Consumer Information Line and other means; (2) revise the breast implant information update to clarify the procedure for reporting implant problems; (3) require manufacturers to update implant package inserts and informed consent documents regularly with accurate information; and (4) require any manufacturer conducting an adjunct study on implants to take specified measures with respect to informed consent documents, including informing women on how to obtain a Medwatch form and encouraging women who withdraw from the study, or who would like to report a problem, to submit such a form. Establishes the President's Interagency Committee on Silicone Breast Implants to ensure strategic management, communication, and oversight of Federal policy formation, research, and activities regarding silicone breast implants. Authorizes appropriations.
United States · United States Congress · 5 June 1998
Congratulates the Vietnam Veterans of America on the occasion of the 20th anniversary of its founding.
United States · United States Congress · 4 June 1998
Amends the Rules of the House of Representatives to add rule LII (Drug Testing) to require each Member, officer, and employee of the House to participate in a mandatory drug testing program. Conditions the employment of officers and employees by the House on participation in the program. Requires: (1) the Clerk of the House to contract with a private, nongovernmental entity to carry out the drug testing program; and (2) random testing of each Member, officer, and employees on a neutral selection basis, and in an appropriate testing frequency and ratio (as defined by this rule), and in addition to any methods under the Mandatory Guidelines for Federal Workplace Drug Testing Programs, using urinalysis, hair testing, and other appropriate methods of testing for illegal use of controlled substances. Requires confirmed positive results to be provided to the Member, officer, or employee involved or in the case of: (1) a Member, to the Committee on Standards of Official Conduct; (2) an employee of a Member, to the Member; (3) an employee of a committee, to the chair and ranking minority member of the committee; and (4) an officer or employee not described in paragraphs (3) or (4), to the Speaker, Majority Leader, Majority Whip, Minority Leader, and Minority Whip. Requires each final test result of Members to be included in a biennial report of the Clerk of the House and printed as a House document. Subjects, at the request of the supervising Member of an officer or employee of the House, the individual to a drug test if: (1) evidence exists that supports a reasonable suspicion that the officer or employee may be engaging in or has engaged in the illegal use of controlled substances, or is otherwise in violation of a drug abuse prevention policy of the supervising Member; (2) such individual is participating in or has participated in a substance abuse treatment program under an employee assistance program or is otherwise receiving treatment or counseling for substance abuse; (3) such individual has been involved in an accident which may have involved human error and which caused or may have caused a fatality, an injury, or significant property damage in an estimated amount of at least $200; (4) the supervising Member proposes to promote the individual; or (5) the individual is returning to employment with the House after a period of absence of at least six months. Requires the Committee to take appropriate action against any Member who refuses to provide a sample for testing under the program. Prohibits an individual who is first given an offer of employment by the House on or after June 1, 1998, from being hired unless: (1) the individual executes a witnessed statement agreeing to participate in the random drug testing program if hired and agreeing to waive legal rights of challenge; (2) the individual provides a sample for the testing; and (3) the individual's sample does not produce a confirmed positive result. Precludes an officer or employee from carrying out any duties with respect to the fields of national defense, foreign policy, intelligence, law enforcement, or any other field involving national security or public safety (as determined in accordance with regulations issued by the Committee on House Oversight) unless the individual participates in the drug testing program. Amends rule XXXII (Of admission to the floor) to prohibit an officer or employee of the House from being entitled to admission to the Hall of the House or rooms leading thereto unless such individual participates in the drug testing program. Amends rule I (Duties of the Speaker) to strike provisions requiring the Speaker to develop a system for drug testing in the House.
United States · United States Congress · 3 June 1998
Persian Gulf War Veterans Health Care and Research Act of 1998 - Authorizes priority hospital care, medical services, and nursing home care for any illness for veterans who served on active duty: (1) in a theater of combat operations during a period of war after the Vietnam era; or (2) in combat against a hostile force after the date of enactment of this Act. Allows such priority notwithstanding that there is insufficient medical evidence to conclude that such condition is attributable to such service. Extends through December 31, 2001, the authority for the provision of such services to other Persian Gulf War veterans. Authorizes priority service for a period of five years after discharge or release. Requires a report from the Secretary of Veterans Affairs to the Congress on the experiences under the priority care. Directs the Secretary to establish in the Veterans Health Administration (VHA) of the Department of Veterans Affairs a National Center for the Study of War-Related Illnesses to promote the clinical, research, and educational activities of the VHA with respect to war- related illnesses, including medically unexplained illnesses. Directs the Secretary to contract with the National Academy of Sciences (NAS) for the review of a methodology which could be used by the Department to determine the efficacy of treatments furnished to, and health outcomes of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service. Requires an implementation report from the Secretary to the congressional veterans' committees. Authorizes the Secretaries of Veterans Affairs and Defense to contract with NAS to develop a curriculum pertaining to the care and treatment of Persian Gulf War veterans who have ill-defined or undiagnosed illnesses for use in the continuing medical education of both general and specialty physicians providing care to such veterans. Amends the Persian Gulf War Veterans' Health Status Act to direct Federal department or agency heads designated by the President to establish within their respective departments an advisory committee to advise on proposed research studies, plans, or strategies relating to the health consequences of military service in the Persian Gulf theater of operations. Requires: (1) related reports; and (2) the public availability of all research findings.
United States · United States Congress · 3 June 1998
Amends Federal law to require passport applications for children under age 16 to be signed by: (1) both parents if the child lives with both parents; (2) the parent having primary custody of the child if the child does not live with both parents; or (3) the surviving parent (or legal guardian) of the child if one or both parents are deceased. Permits waiver of such requirement if the Secretary of State determines that circumstances do not permit obtaining the signatures of both parents.
United States · United States Congress · 22 May 1998
No Gun Tax Act of 1998 - Amends the Federal judicial code to prohibit a Federal officer, employee, or agent, including a State or local employee or officer acting on behalf of the United States (officer), from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Amends the Federal criminal code to prohibit and set penalties for the unlawful retention, or transfer to another person, of firearms background check information by such officer or by a Federal contractor or consultant after: (1) the 24-hour period beginning with the receipt of such information on an individual who is determined not to be prohibited from receiving a firearm; and (2) the five-year period beginning with the receipt of such information on an individual who is prohibited from receiving a firearm.
United States · United States Congress · 22 May 1998
Amends the Internal Revenue Code to provide that the special motor fuels excise tax shall be 12.66 cents per gallon in the case of any water-phased hydrocarbon fuel. Defines the term "water-phased hydrocarbon fuel" to mean any liquid consisting of a hydrocarbon base and water if not less than 20 percent (by volume) of the liquid consists of water.
United States · United States Congress · 22 May 1998
Death Tax Inflation Adjustment Act of 1998 - Amends the Internal Revenue Code to provide for annual inflation adjustments to the unified credit against the estate and gift taxes.
United States · United States Congress · 19 May 1998
Speed Trafficking Life in Prison Act of 1998 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to decrease the quantities of methamphetamine necessary to trigger specified trafficking penalties (to correspond to amounts triggering penalties for trafficking in crack cocaine).
United States · United States Congress · 19 May 1998
Common Sense Prison Work and Victim Restitution Act of 1998 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in: (1) work for not less than 50 hours weekly; and (2) job-training and educational and life skills preparation study. Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements. Directs the Attorney General to submit legislative recommendations to the Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor. Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor. Directs that such Fund be used as follows: (1) one third to offset the costs of prisoner incarceration; (2) one third for victim restitution; (3) one tenth for payment into the individual prisoner's account to be paid upon his or her release; and (4) the remainder for payments to States and local jurisdictions that operate correctional facilities with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners. (Sec. 4) Directs the Bureau of Prisons to ensure that Federal prisoners: (1) do not possess, view, or read pornographic or sexually explicit materials; (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances; (3) do not possess microwave ovens, hot plates, toaster ovens, televisions (unless provided by the prison for group viewing), or VCRs; (4) do not possess or listen to music which contains lyrics that are violent, sexually explicit, or vulgar or that glamorize gang membership or activities, demean women, or disrespect law enforcement; (5) do not view cable television which is not educational in nature; and (6) do not engage in sexual activity. (Sec. 5) Directs the Attorney General to: (1) report to the Congress, one year after this Act's enactment date, on anticipated annual costs, for each of the five following fiscal years, of implementing a monthly drug testing program for all Federal prisoners; and (2) establish a program to utilize dogs in inmate work areas, living quarters, and delivery areas to detect narcotics (authorizes appropriations). (Sec. 7) Amends Federal criminal code provisions regarding substance abuse treatment to require the Attorney General to ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment. (Sec. 8) Requires (currently, authorizes for a limited period if the prisoner consents) the Bureau to place in a shock incarceration program any person who is sentenced to a term of imprisonment, with an exception. Limits the initial portion of the term of imprisonment to four weeks. Directs that an inmate who, in the Bureau's judgment, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate, be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and, during the remainder of that term, be granted no privileges other than those required by law.
United States · United States Congress · 19 May 1998
Expresses the sense of the Congress that: (1) any missile defense program to protect the United States against a ballistic missile attack should be designed to protect Alaska, Hawaii, and the U.S. territories and commonwealths on an equal basis with the contiguous States; and (2) any National Intelligence Estimate prepared with respect to intercontinental ballistic missile capabilities of foreign countries should include assessment of the threat to Alaska, Hawaii, and the U.S. territories and commonwealths.
United States · United States Congress · 14 May 1998
Estate and Gift Tax Rate Reduction Act of 1998 - Amends the Internal Revenue Code to phase out the estate and gift tax over a ten-year period.
United States · United States Congress · 12 May 1998
Intelligence Community Whistleblower Protection Act of 1998 - Amends the Central Intelligence Agency Act of 1949 to require an employee or contractor of the Central Intelligence Agency (CIA) who wishes to report to the Congress a complaint or information with respect to an urgent concern to report to the Inspector General (IG). Prohibits the IG from disclosing the identity of any employee requesting confidentiality. Requires the IG to act on such complaint or information within 60 days and to notify the CIA Director and the employee of the IG's actions. Requires the Director to forward such information to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate within seven days after its receipt. Allows an employee to contact the intelligence committees directly concerning such complaint or information in limited circumstances. Requires the Director, when, in the exceptional case and in order to protect vital law enforcement, foreign affairs, or national security interests, he does not transmit to the intelligence committees the information received from the IG or allow the employee to contact such committees, to provide such committees with the reasons therefor within seven days. Defines a matter of "urgent concern" for purposes of this Act as: (1) a serious or flagrant problem, abuse, violation of law or executive order, or deficiency relating to the administration or operation of an intelligence activity involving classified information; (2) a false statement to the Congress on an issue of material fact relating to the administration or operation of an intelligence activity; or (3) an action constituting reprisal in response to an employee's reporting of an urgent concern. Amends the Inspector General Act of 1978 to require employees and contractors of the following agencies who wish to report to the Congress a complaint or information with respect to an urgent concern to report such to the IG of the Department of Defense: the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Reconnaissance Office, and the National Security Agency. Requires employees and contractors of the Federal Bureau of Investigation who wish to take such action to report to the IG of the Justice Department. Requires other Federal employees dealing with foreign intelligence or counterintelligence activities who wish to take such action to report to their appropriate IG. Outlines procedures to follow the reporting of such complaint or information, and a definition of "urgent concern," similar to those provided with respect to CIA employees, above.
United States · United States Congress · 12 May 1998
Reinstatement of the Medicare Rehabilitation Benefit Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
United States · United States Congress · 12 May 1998
Worker Meal Fairness Act of 1998 - Amends the Internal Revenue Code to permit the exclusion from an employee's income of meals furnished to such employee by an employer on the business premises of the employer only if more than one-half of the employees to whom such meals are furnished on such premises are furnished meals for the convenience of the employer.
United States · United States Congress · 7 May 1998
Designates the headquarters compound of the Central Intelligence Agency in Langley, Virginia, as the George H.W. Bush Center for Central Intelligence.
United States · United States Congress · 7 May 1998
American Economy Protection Act - Prohibits the use of Federal funds to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change, unless or until the Senate has given its advice and consent to ratification of the Protocol. Prohibits Federal agencies from having authority to promulgate regulations to limit the emissions of carbon dioxide, unless a law is enacted specifically granting such authority.
United States · United States Congress · 7 May 1998
Recognizes the 50th anniversary of the enactment of the National Heart Act and the creation of the National Heart, Lung, and Blood Institute.
United States · United States Congress · 28 April 1998
Marriage Tax Penalty Elimination Act of 1998 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers.
United States · United States Congress · 22 April 1998
Ivanpah Valley Airport Public Lands Transfer Act - Directs the Secretary of the Interior to convey to the Clark County, Nevada, Department of Aviation certain real property in Ivanpah Valley, Nevada, for the development of an airport facility and infrastructure. Requires conveyance of small parcels over 20 years as may be required for phased construction and development. Withdraws the conveyed lands from mineral entry under the Mining Law of 1872 and the Mineral Leasing Act.
United States · United States Congress · 1 April 1998
Prohibits the President from transferring a veterans memorial object that was brought to the United States as a memorial of combat abroad to a foreign country or entity controlled by a foreign government, or to any person for ultimate transfer or conveyance to such a country or entity, unless specifically authorized by law.
United States · United States Congress · 1 April 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
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 · 30 March 1998
Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity (external customer). Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.
United States · United States Congress · 24 March 1998
Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment.
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 · 24 March 1998
Surviving Spouse Fairness Act of 1998 - Amends the Internal Revenue Code to provide a $500,000 exclusion of gain on certain sales of a principal residence by a surviving spouse.
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 · 18 March 1998
Independent Commission on Campaign Finance Reform Act of 1998 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission, not later than the expiration of the 180-day period that begins on the date on which the second session of the 105th Congress adjourns, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents. (Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution. (Sec. 9) Authorizes appropriations.
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
Expresses the sense of the House of Representatives that no change in the water level of Lake Powell is justified or appropriate.
United States · United States Congress · 5 March 1998
Provides that any Executive order issued by the President that infringes on the powers and duties of the Congress under the Constitution, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, shall be advisory only unless enacted as law.
United States · United States Congress · 4 March 1998
Royalty Enhancement Act of 1998 - Declares that all royalty oil and royalty gas accruing to the United States under any oil and gas lease shall be taken in kind by the United States at the applicable delivery point for each lease premises. Sets forth rights, obligations, and responsibilities pertaining to such royalty oil and gas with respect to: (1) the United States; (2) the States; (3) the lessee; and (4) qualified marketing agents. Allocates costs responsibility and transporter charges between the lessee and the United States. Prescribes procedures for resolving royalty share imbalances between: (1) the amount of royalty oil or gas production taken by the United States from a lease premises during a calendar month; and (2) the amount of such production attributable to such lease premises for that month. Sets forth guidelines for transportation by truck, tanker, or barge for royalty oil or gas taken in kind from onshore or offshore lease premises for which there is no pipeline connection at the well. Exempts from coverage by this Act: (1) compensatory royalties; (2) minimum royalties; and (3) net profit share lease royalties prior to payout. Sets forth reporting requirements for lessees and qualified marketing agents. Empowers the Secretary of the Interior to audit their reports. Prescribes guidelines under which the Secretary shall direct qualified marketing agents to offer for sale to eligible small refiners an eligible small refiner portion, which is intended for processing, or trading for equivalent barrels for processing, in the eligible small refiner's refineries located in the United States, and not for resale in-kind or value. Instructs the Secretary to: (1) convene an eligible small refiner advisory panel to assist in developing policies and procedures to implement this Act; and (2) develop and implement procedures to ensure a fair and equitable opportunity for eligible small refiners to purchase royalty oil from the eligible small refiner portion. Amends the Mineral Leasing Act and the Outer Continental Shelf Lands Act to repeal existing royalty-in-kind authority. Declares that this Act does not: (1) affect the Deep Water Royalty Relief Act of 1995 or any other Federal law applicable to stripper or marginal production; or (2) apply to Indian lands.
United States · United States Congress · 26 February 1998
Prohibits issuance of an interim or final rule to suspend road construction in roadless areas on public domain units and other units of the National Forest System pending public participation and determination that such rule will not adversely affect forest health and multiple or governmental use.
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
Establishes in the legislative branch the Joint Committee on Social Security Reform to study and report to the Congress on retirement financing issues, concentrating primarily on the problems related to the long-term financing of the Old Age, Survivors and Disability Insurance program under title II of the Social Security Act, with a goal of restoring the long-term solvency of the trust funds supporting such program and improving financial security for retirees. Sets forth special rules for considering legislation to carry out the Joint Committee's recommendations.
United States · United States Congress · 26 February 1998
Calls for the Citizens Stamp Advisory Committee to recommend and the Postal Service to issue a commemorative postage stamp honoring the U.S. Submarine Force on its 100th anniversary.
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 · 12 February 1998
Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member; (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who served honorably while such a prisoner, whose last active military service terminated honorably, and who died on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, surviving spouse, minor child, and unmarried adult child (again, discretionary) of a member buried as part of a group burial (but cannot be buried in the group gravesite); (9) the spouse, surviving spouse, minor child, or unmarried adult child of any person already buried in the Cemetery; (10) the widow or widower of a member who was lost or buried at sea or officially determined to be permanently absent in a missing or missing in action status; and (11) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery. Makes such burial eligibility the exclusive eligibility for Cemetery burial. Prohibits the Secretary of the Army or any other responsible official from considering a request for Cemetery burial made before the death of the individual. Allows gravesite markers to be provided by the Secretary or at private expense, as long as certain marker and marker maintenance conditions are met. Directs the Secretary to maintain for the public a register of each individual buried in the Cemetery which shall include, for each individual buried there on or after January 1, 1998, a brief description of his or her eligibility for such burial. Requires the Secretary to publish an updated pamphlet describing Cemetery burial eligibility. Authorizes the cremated remains of the following persons to be placed in the Cemetery columbarium: (1) a person eligible for burial under this Act; (2) a veteran whose last period of active duty ended honorably; and (3) the spouse, surviving spouse, minor child, or unmarried adult child (discretionary) of such a veteran. Prohibits a memorial or marker: (1) from being placed in the Cemetery unless it commemorates the service of the individual or group whose memory is to be honored by such memorial or marker; or (2) that refers to a particular military event from being placed in the Cemetery until 25 years after such event.
United States · United States Congress · 5 February 1998
Federal Employees Health Care Freedom of Choice Act - Amends provisions of Federal law relating to the Federal Employees' Health Benefits Program (FEHBP) to authorize, and in certain circumstances require, the Office of Personnel Management (OPM) to contract with qualified carriers for a high deductible health plan (as defined in existing Internal Revenue Code medical savings account provisions). Requires that such a plan provide benefits of the types provided by service benefit plans, indemnity benefit plans, or both. Sets forth special contribution requirements applicable to employees or annuitants enrolled in such plans, including mandating certain payments to the medical savings account of each individual so enrolled. Requires OPM to make information available to such individuals regarding the circumstances in which a Government contribution will be made to a medical savings account and the amount of that contribution. (Sec. 3) Amends Internal Revenue Code medical savings account provisions to modify the definition of "eligible individual" to add references to high deductible plans provided under the FEHBP. Regulates the medical savings account deduction for FEHBP individuals. Exempts FEHBP individuals from numerical limits on the number of taxpayers having medical savings accounts.
United States · United States Congress · 4 February 1998
Teachers in the Classroom Act - Authorizes the Secretary of Education to award grants to State Governors to provide funds to local educational agencies to hire elementary and secondary teachers or qualified instructional personnel to reduce overcrowded classes. Sets forth requirements for State and local eligibility, distribution of funds, program administration, evaluation, and reports. Allows State Governors to use up to ten percent of funds received under this Act to establish programs to improve instructional quality by providing incentives to encourage innovative teacher training programs, establish alternate certification and licensure procedures, or to hire nontraditional personnel. Authorizes appropriations.
United States · United States Congress · 3 February 1998
Amends the Federal criminal code to treat the following as an antique firearm for purposes of the Federal firearms laws: any firearm in which black powder and a projectile are loaded through the muzzle, and such powder is ignited by a percussion-activated ignition system to expel the projectile, and which does not use fully assembled or fixed, rimfire, or conventional centerfire ammunition.
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
Prohibits the Secretary of the Interior from promulgating certain regulations relating to Indian gaming activities.
United States · United States Congress · 27 January 1998
Family Reinvestment and Shaping Our Future Act - Amends the Internal Revenue Code to increase the standard deduction for joint returns and surviving spouses to twice the amount of such deduction available to single individuals who are not married, head of household, or a surviving spouse. (Sec. 3) Excludes from gross income up to $200 ($400 joint return) of certain interest and domestic dividends. Sets forth related provisions with respect to: (1) regulated investment companies and real estate investment trusts; (2) trust distributions; and (3) nonresident aliens. (Sec. 4) Allows a deduction for 100 percent of the health insurance costs of self-employed persons. (Current law provides for a phased-in increase from 40 percent in 1997 to 100 percent in 2007). (Sec. 5) Allows eligible educational institutions to maintain qualified tuition programs.